(A)   This subchapter is adopted to promote the safety and welfare of the public.
   (B)   Golf carts and similar vehicles intended primarily for off-roadway use, hereinafter "carts," are not designed or manufactured to be used on public streets, and the town in no way advocates or endorses their operation on public roads. The town, by regulating the operation of these vehicles, is merely addressing safety issues, and the adoption of this subchapter is not a determination that operation of carts on public streets is safe or advisable.
   (C)   All persons who operate or ride upon carts on public streets or roads do so at their own risk and must obey all traffic ordinances as the Motor Vehicle Code of the state, G.S. Chapter 20. Additionally, they must be observant of and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists and pedestrians.
   (D)   The town assumes no liability under any theory of liability, for permitting carts to be operated on the public streets and roads under the special legislation granted by the state's legislature.
   (E)   Any person who operates a cart is responsible for procuring a motor vehicle liability insurance policy for any such cart as a "motor vehicle" under G.S. § 20-279.21. Proof of insurance must be presented to the town at the time of registration.
   (F)   The Town Council must exercise its judgment concerning what roads to allow carts to be driven upon. In exercising its judgment, the Town Council has considered the following factors:
      (1)   Flexible and more efficient means of short-distance transportation are necessary but not intended as a replacement or alternate for regular transportation vehicles;
      (2)   Carts being driven upon roads that are main traffic arteries create a greater public safety concern;
      (3)   The greater the distance a cart must be driven to reach its destination, the greater the public safety concern; and
      (4)   Adopting rules and regulations concerning the operation of carts upon public roads within the town promotes public safety.
(Ord. 2008-04, passed 9-9-2008)