§ 73.25  REGULATIONS.
   Golf Carts may be operated on streets within the town in accordance with the following rules and regulations:
   (A)   Golf carts, and otherwise defined low speed vehicles, as defined by G. S. §  20-4.0l(27)h, that Are currently in compliance with all state laws related to their operation, registration, and insurance requirements, and are operated by licensed drivers will be exempt from this section.
   (B)   Other golf carts and low speed vehicles not in compliance with the General Statutes that operate on a street or public vehicular area within the town will be subject to an annual inspection by the Chief of Police, or his or her designee, after successfully completing the inspection process, the operator may receive a town golf cart permit/sticker, which must be applied to the golf cart by the Chief of Police, or his or her designee, to insure that the permit/sticker, is applied in the most conspicuous location on the golf cart.
   (C)   The inspection by the Chief of Police, or his or her designee, will cover the following safety requirements, and every golf cart operating on town streets must have the following safety requirements:
      (1)   Permits/stickers will be issued to operators of golf carts (both gas and electric);
      (2)   Each owner must have proof of ownership, and a completed waiver of liability, releasing the town, its employees, and affiliates from all liability that may arise as a result of operating a golf cart inside the town limits and must be renewed annually.
      (3)   All golf carts must meet the requirements or minimum standard of safety equipment, to wit: rear view mirror, lap belts and child restraints for use while the vehicle is in motion, and a reflective “Slow Moving Vehicle” sign affixed on the rear of the golf cart.
      (4)   All golf carts must have operational head lights and rear tail lights. Golf carts, by design, are equipped to seat a certain number of passengers. Each Golf Cart differs in that it may accommodate two to six passengers, generally. This section is designed to regulate overcrowding or reckless operation of a golf cart; therefore no passengers are permitted to stand on a golf cart while it is in operation.
      (5)   All operators must be at least 18 years of age.
      (6)   All operators must provide a minimum of liability insurance on any golf cart prior to inspection.
      (7)   Permits/stickers will be issued annually, and valid from July Is of each 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 golf cart fails the initial inspection)
      (8)   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 will have the 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.
   (D)   Any person who operates a golf cart in the town, and fails to receive or properly display a town permit/sticker will be subject to the state law requiring registration, insurance, and any other applicable laws in addition to being in violation of this section.
   (E)   Golf carts will be subject to the traffic laws of North Carolina,.
      (1)   All operators must adhere to all laws that apply to normal vehicle operation, to wit:
         (a)   Stop Signs;
         (b)   Stop lights;
         (c)   One-way streets, etc.;
         (d)   All alcohol laws will apply.
      (2)   Golf carts will adhere to all traffic flow patterns, and will operate on the right side of the roadway.
      (3)   Golf cart operators must yield the right of way to any overtaking vehicles.
      (4)   Golf carts shall not be operated on sidewalks.
      (5)   Golf carts shall not be operated on private property, without the permission and consent of the property owner.
      (6)   Golf carts shall not be operated upon NC 903 and NC 125 within the town limits. Exception: crossing NC 903 or NC 125 perpendicularly.
      (7)   Crossing four lane from Sixth Street South to city limits will be prohibited.
      (8)   Golf carts will not be allowed between 13th Street and 8th Street on Main Street.
      (9)   Golf carts will be allowed parking on town property located on West Street on the Farmer's Market Site.
   (F)   Golf carts that are issued permits to operate under this ordinance may only be used from sunrise to 30 minutes prior to sunset. No operation after 30 minutes prior to sunset is allowed.
   (G)   Liability disclaimer: This section is adopted to address the interests of public safety. Golf carts are not designed or manufactured to be used on public streets, and the town in regulating such operation, is merely trying to address obvious safety issues, and adoption of this section is not to be relied upon as a determination that operation on a public street or public vehicular area is safe or advisable, if done in accordance with this section. All persons who operate or ride upon golf carts on public streets or public vehicular areas 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 golf carts to be operated on the public streets and public vehicular areas, under special legislation granted by the state's legislature. Any person who operates a golf cart is responsible for procuring liability insurance sufficient to cover the risk involved in using a golf cart on the pubic streets and public vehicular areas of the town.
(Ord. passed 7-26-2011)  Penalty, see § 73.99