Any act constituting a violation, except as provided in division (B) below, or failure to comply with any of its requirements shall subject the offenders to civil penalty of $50, plus the court costs and attorney fees incurred by the town. Notwithstanding the foregoing, persons who, while driving golf carts on public streets within the town, violate the “rules of the road” applicable to motor vehicles generally (as set forth in Part 10 of G.S. Chapter 20), shall be subject to the same penalties applicable to the operators of other motor vehicles.
(A) Operating a golf cart under the influence of an impairing substance (i.e., alcohol or drugs) on a public road or highway is not a violation of this chapter, but a violation of state law, and is punishable as provided therein.
(B) If the offenders fail to pay the penalty within ten days of receiving final written notice of violation, the penalty may be recovered by the town in a civil action in the nature of a debt. Repeat offenders may have the privileges granted by this chapter revoked by the Town Police Chief and/or the Board of Aldermen.
(C) This division (C) is adopted to address the interest of public safety. Golf carts are not designed or manufactured to be used on the public streets and the town in no way advocates or endorses their operation on public streets or roads. The town, by regulating the operation, is addressing obvious safety issues, and adoption of this division (C) is not to be relied upon as determination that operation on public streets is safe or advisable if done in accordance with this division (C). All persons who operate or ride upon carts on public streets or roads do so at their own risk and peril, and must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists and pedestrians. The town has no liability under any theory of liability and the town assumes no liability, for permitting carts to be operated on the public streets and roads under the special legislation granted by the states legislature.
(Prior Code, § H-VIII-5)