(A) Town property, sidewalk(s) and multi- use path.
(1) Self-propelled vehicles such as golf carts, four wheel utility vehicles or other similar vehicles, mopeds or electric bicycles shall not be operated on any multi-use path, sidewalk, pedestrian walkway, jogging path or bicycle path except for official police business or by town personnel while on town business.
(2) Notwithstanding anything herein to the contrary, golf carts shall not be operated on property owned or leased by the town except with the express written consent of the Chief of Police and upon the terms and conditions as may be set forth in such written permission.
(B) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing non-tandem two-wheeled device, designed to transport one person, with a propulsion system that limits maximum speed of the devices to 15 miles per hour or less and which are exempt from registration pursuant to G.S. § 20-51(14).
GOLF CART. A motorized vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. The definition is republished here for convenience only and the definition set out in G.S. § 20-4.01(12b), as amended from time to time, is controlling for all purposes.
LOITERING. Remaining on the path for a protracted period of time for non-recreational purposes.
LOW SPEED ELECTRIC BICYCLES. A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
MOTORIZED VEHICLES. Every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle, which term shall include golf carts, mopeds, four-wheel utility vehicles, (but not electric standup scooters), and other similar utility vehicles and electric bicycles except LOW SPEED ELECTRIC BICYCLES and ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES as herein defined.
MULTI-USE PEDESTRIAN PATH (“PATH”). An asphalt path, with adjoining bridges, that is approximately ten feet in width, situated adjacent to NC Hwy 53 and US Hwy 701 but not contiguous with the roadway, that was constructed for the use of pedestrians, bicyclists, electric personal assistive mobility devices, and other non-motorized vehicles.
OPERATE. To drive or be in physical control of a golf cart or other motorized vehicle as herein defined that is moving or has its key inserted and in the on position.
TOWN. Means the Town of White Lake.
(C) Hours of operation. The multi-use path shall remain open from dawn until dusk. Any use after dusk and before dawn shall be at the risk of the individual using the multi-use path.
(D) Safety. Any child under the age of 16 riding a bicycle on the multi-use path shall wear a helmet as required by G.S. § 20-171.
(E) Pets.
(1) Pets other than dogs and cats are prohibited on the multi-use path.
(2) Dogs and cats traveling on the path shall be supervised at all times by their owner and shall be the sole responsibility of their owner.
(3) Dogs and cats shall be on a leash no longer than six feet in length.
(4) The owner of any dog or cat traveling on the path shall be responsible for bagging and removing any waste caused by the dog or cat.
(F) Prohibited activities.
(1) Firearms and other weapons are prohibited on the multi-use path except that those with a proper permit may possess a concealed handgun under the requirements of G.S. § 14-415.11.
(2) Domesticated animals other than cats and dogs are prohibited on the multi-use path.
(3) (a) No motorized vehicles shall be operated on the multi-use path with the exception of motorized wheelchairs, low speed electric bicycles, electric standup scooters, electric personal assistive mobility devices and other small recreational devices designed for and operated by handicapped persons. A motorized vehicle shall be defined as set forth in division (B) above, excepting devices moved by human power.
(b) Specific examples of motorized vehicles which shall not be allowed on the multi-use path include, but are not limited to, the following: all-terrain vehicles (ATVs), four-wheelers, three-wheelers, utility task vehicles (UTVs) side-by- sides (SxS), extreme terrain vehicles (XTVs), golf carts, tractors, lawnmowers, motorcycles, cars, trucks, farm equipment, grading equipment, landscaping equipment, or any other device or vehicle which could pose a danger to the safety of other lawful users of the path. This subdivision shall not apply to any town maintenance vehicles which are being used or operated upon the multi-use path for the purpose of maintenance or construction, nor shall it apply to any independent contractor in the course and scope of the contract on behalf of the town pertaining to the maintenance and construction of the multi-use path.
(4) No loitering shall be allowed on the path.
(5) The posting of signs along the path shall be prohibited without express permission of the town. Examples of items which shall not be allowed on the path include, but are not limited to, the following: commercial signs, political signs, yard sale signs, or any other unapproved signage.
(6) The consumption of alcoholic beverages on the path is prohibited.
(G) Liability disclaimer. This division is adopted to address the interest of public safety. All persons who use the multi-use path do so at their own risk and peril, and must be observant of and attentive to the safety of themselves and others. The town has no liability and assumes no liability and shall not be liable for accidents, injuries, or death while using the multi- use path.
(Ord. 2020-01, passed 7-9-2019)