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) Carts shall be driven on streets only from dawn to dusk, unless the cart is equipped with two 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. In lieu of the red lamp, the cart may alternatively be equipped at the rear with two red reflectors of a diameter of not less than three 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. For added safety a reflectorized triangle may be mounted on the rear of the golf cart but is not required. If the cart does not have electric signals, hand signals should be used by the operator.
(D) Carts shall only be driven on streets in the town with a posted speed limit of 35 miles per hour or less.
(E) Carts shall not be operated on or alongside any portion of Salisbury Avenue but may cross Salisbury Avenue after exercising extreme caution. Driving on Salisbury Avenue may be authorized by the Chief of Police for parades and special events.
(F) 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.
(G) No cart shall be operated in a careless or reckless manner.
(H) Carts shall be operated to the right side of the travel lane unless making a left turn.
(I) The maximum occupancy of a cart traveling on streets shall be one person per bucket seat or two people per bench seat.
(J) Carts shall not be operated on any sidewalk in the town.
(K) Carts shall not be operated on the walking trails of the Stanback Forest.
(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) All cart owners of cart's that operate on the streets within the town shall complete and submit a cart registration/inspection form. The completed forms will be maintained by the Spencer Police Department. All carts operated on the streets must have a valid permit sticker issued by the Police Department. No fee shall be charged for the yearly registration of the golf cart. A sticker will be provided by the town indicating the golf cart has been inspected and approved for operation on the streets of Spencer. The Chief of Police or his designee 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) 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 Spencer Police Department to operate on streets.
(Q) 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 pay $5 for a replacement decal.
(R) Any person who operates a cart on the streets shall have liability insurance coverage in an amount sufficient to cover the risk involved in using the cart on the streets in accordance with requirements mandated by the laws of North Carolina. 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.
(S) Any act constituting a violation of this section or failure to comply with any of its requirements shall subject the offender to criminal penalties as listed in § 10.99 of this code and/or a civil penalty of $50 for the first offense and $100 for each subsequent offense, plus any attorney fees incurred by the town.
(T) Offenders are also subject to charges on N. C. Uniform Citations and arrest. If the offenders fail to pay any civil penalty within ten days of its issuance or if there are repeat ordinance violations, the privileges and permit granted by this section may be revoked by the Spencer Police Department. Members of the Spencer Police Department that are designated by the Chief of Police are authorized to inspect golf carts prior to issuance of a permit.
(U) Carts used/owned by the town and operated for special events or official business shall be required to comply with this section.
(Ord. 16-14, passed 12-13-16)