Carts shall only be operated on streets within the municipal limits of the town in accordance with the following rules and regulations.
(A) Any person who operates a cart in the town assumes all liability associated with operating the cart.
(B) Any person who operates a cart must be at least 16 years of age and possess a valid driver’s license required by the State of North Carolina for operation of a motor vehicle. Cart operators must carry their driver’s license on their person at all times while operating a cart on the streets in the corporate limits.
(C) (1) Carts shall be driven on streets only from dawn to dusk, unless the cart is equipped with 2 lighted lamps, one on each side of the front of the cart, visible under normal atmospheric conditions from a distance of at least 300 feet to the front of such cart, and a red lamp on the rear, exhibiting a red light visible under like conditions from a distance of at least 200 feet to the rear of such cart.
(2) In lieu of the red lamp, the cart may alternatively be equipped at the rear with 2 red reflectors of a diameter of not less than 3 inches, which are designed, located and maintained so that each reflector is visible for at least 500 feet when approached by a motor vehicle displaying lawful undimmed headlights.
(D) Carts operated after sunset must have mechanical turn signals. Hand signals may be used during daylight hours in lieu of turn signals.
(E) Carts shall be equipped with a rear view mirror.
(F) Carts shall only be driven on streets in the town with a posted speed limit of 35 miles per hour or less.
(G) Any person who operates a cart on the streets in the town shall adhere to all applicable state laws concerning the possession and use of alcoholic beverages and illegal drugs, and all applicable state traffic laws.
(H) No cart shall be operated in a careless or reckless manner.
(I) Carts shall be operated to the right side of the travel lane unless making a left turn.
(J) The maximum occupancy of a cart traveling on streets shall be one person per bucket seat or three people per bench seat. Child/infant restraints are required to be used in the cart in the same manner as required for passenger vehicles.
(K) Carts shall not be operated on any sidewalk in the town.
(L) Carts shall not be operated on or across any public or private properties outside the street right of way without the permission of the property owner.
(M) Carts shall only park in handicapped parking spaces if the driver or at least one passenger has a valid handicap-parking placard and such placard is properly displayed in the cart.
(N) No cart shall be operated at a speed greater than is reasonable and prudent for the existing conditions and in no instance at a speed greater than 20 miles per hour.
(O) (1) All owners of carts operated on streets within the town shall complete and submit a cart registration form. The completed forms will be maintained by the Fairmont Police Department. All carts operated on the streets must have a valid permit sticker issued by the Police Department. A yearly registration fee will be charged for this permit sticker to cover the costs of implementing and maintaining this chapter. Permit stickers will be issued annually, and are valid from July 1 of the year of issuance to June 30 of the following year. The following fees shall apply:
(a) Inspection by Police Department $25 Annually
(includes permit sticker)
(b) Re-inspection by Police Department $10
(If a cart fails the initial inspection)
(2) The Chief of Police retains the right to refuse to issue and/or revoke any permit sticker from any cart at any time for any reason that he feels is appropriate to ensure the safety and well-being of the citizens of the town or the motoring public.
(P) Golf cart owners who disagree with a decision by the Police Chief may file with the Chief, Town Clerk or Town Manager a written appeal stating the basis for an appeal to the town’s Board of Commissioners. Hearings held under this division shall be conducted in accordance with local hearing procedure. The Town’s Board of Commissioners shall make a final decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by first class mail.
(Q) Each owner shall have proof of cart ownership and must complete a waiver of liability, releasing the town, its employees, and officials from all liability that may arise as a result of operating a cart on streets inside the town. A current waiver of liability must be on file with the Fairmont Police Department to operate a cart on a town street.
(R) Lost or stolen permit stickers are the responsibility of the owner. A Police report must be filed in the event of a lost or stolen permit sticker. The Chief of Police shall have discretion in determining whether a permit sticker may be re-issued in this instance. If no record can be found of a previous application, or the receipt of a permit sticker, the Chief of Police may direct the applicant to reapply, and also resubmit any and all fees necessary, before a replacement permit sticker is issued.
(S) Any person who operates a cart on the streets shall have a golf cart rider liability insurance coverage in an amount not less than that required by state law for motor vehicles operated on public highways. Proof of such insurance shall be in the possession of the operator of the cart while operating the cart and a copy shall be provided to the Police Department at the time of permitting.
(T) The above requirements do not apply to a cart crossing a street at a golf course crossing designated by signs duly erected by the town or the North Carolina Department of Transportation for such crossing when a cart is being used for golf purposes when using the crossing.
(U) Any act constituting a violation of this chapter or failure to comply with any of its requirements shall subject the offender, upon conviction, to a fine not to exceed $50. Each day of violation shall constitute a separate offense. If an offender fails to pay a fine within 10 days of a final judgment or if there are more than 6 violations of this chapter within a permitting period, the privileges and permit granted by this chapter shall be revoked by the Fairmont Police Department.
(V) Carts used or owned by the town and operated for special events or official business shall be exempt from permit fees but shall otherwise comply with the above requirements.
(Ord. 12-148, passed 9-18-2012; Am. Ord. 12-149, passed 12-18-2012)