1287
000158
ORDINANCE NO. 1287 (#20 - 06)
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AN ORDINANCE ESTABUSHING JACKSONVILLE MUNICIPAL CODE 110.30
(GOLF CART USE); AND, FOR OTHER PURPOSES.
WHEREAS, the City of Jacksonville, Arkansas (the "City"), as a city of the first
class, has two (2) golf courses within the community where golf carts are regularly
utilized; and,
WHEREAS, for the safety and environmental benefit of citizens of the City of
Jacksonville, use of golf carts on city streets should be limited to those within gated
communities, subdivisions or those areas surrounding or including golf course(s),
and upon private property. Golf carts should not be allowed as a mode of
transportation on other City streets, county roads, state highways, and/or federal
highways, in compliance with appropriate use and authority as delegated to the City
under ACA ~14-54-1410.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THA T:
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SECTION ONE: Jacksonville Municipal Code ~10.30 is hereby created
and shall read as follows:
lMC ~10.30.010 PURPOSE.
It shall be the purpose of this Chapter to authorize the limited use and operation of
those who drive their golf carts in and about the City of Jacksonville. These
provisions are intended to promote safety and welfare of all citizens, both those
utilizing golf carts upon or near golf course(s), within gated communities, upon
private property and/or streets, and upon public streets that surround, are near, or
are a part of a golf course.
lMC ~10.30.020 DEFINITIONS.
Golf Cart -- A self propelled electric or gas powered vehicle with three (3) or four
(4) wheels primarily designed for transportation purposes on or about a golf course.
lMC ~10.30.030 AUTHORIZED USES AND REQUIREMENTS.
It shall be unlawful to operate a golf cart on a public street or roadway within the
City of Jacksonville unless all of the following requirements are met:
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A) A golf cart may only be operated upon private property and/or
roadways, on public streets and roadways that surround, are near, or are a part of
a golf course(s), or within a gated community;
B) Those person(s) operating a golf cart shall hold a valid driver's license
issued and/or recognized by the State of Arkansas with the following exception: any
operator of a golf cart between Twelve (12) and Sixteen (16) years of age shall only
be allowed to operate said cart upon private property or roadways, within a gated
community, or within an area surrounding, near, or as a part of a golf course as
he/she travels to and from the golf course;
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ORDINANCE NO. 1287 (#20 - 06)
PAGE TWO
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C) There shall only be the number of people the golf cart is designed to
seat riding on a golf cart, and passengers shall not be carried on the part of a golf
cart designed to carry golf bags or allowed to be towed behind said cart in any
manner;
D) No golf cart may be operated at a speed greater than reasonable and
prudent for the existing conditions, and in no instance shall a cart be operated at
a speed greater than Twenty (20) miles per hour;
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E) A golf cart may be operated only during daylight hours, with the
exception that those golf cart(s) equipped with operating lights and reflectors
meeting the requirements set forth below may operate before sunrise or after
sunset. Any light-equipped cart shall have a minimum of Two (2) operable lamps,
one on each side of the front of the golf cart, visible under normal atmospheric
conditions from a distance of no less than Three Hundred feet (300'). Said golf cart
shall also contain a minimum of One (1) red operable lamp on the rear of said cart,
exhibiting a red light visible under normal atmospheric conditions from a distance
of no less than Two Hundred feet (200'). In lieu of a rear red lamp, a golf cart may
alternatively be equipped with no less than Two (2) red reflectors of a diameter of
no less than Three inches (3'') designed, located, and maintained so that each
reflector is visible from no less than Two Hundred feet (200') in normal atmospheric
conditions;
F) Golf carts may not be operated upon private streets or roadways,
within gated communities, or upon public streets or roadways near, surrounding,
or a part of a golf course during inclement weather or when visibility is impaired by
weather, smoke, fog, smog, or other similar conditions;
G) All golf carts must have the basic equipment supplied by the
manufacturer, including a vehicle identification number, all safety devices as
installed by said manufacturer, efficient and operable brakes, reliable steering
apparatus, safe tires, and/or operable lights and reflectors as required herein if the
cart is operated on a street or roadway at any time before sunrise or after sunset;
H) All golf carts must be operated in accordance with all applicable local
and state and local laws and ordinances except licensing and equipment
requirements, including all laws, regulations, and ordinances pertaining to the
possession and use of alcoholic beverages; and,
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I) No golf cart(s) shall be operated in a careless, reckless, or prohibitive
manner. All carts must be operated to the extreme right of any roadway and must
yield to all vehicular and pedestrian traffic.
JMC ~10.30.040 VIOLATION(S).
It shall be a per se violation of this Ordinance when any individual is found to be
operating or in actual physical control of a golf cart upon any sidewalk, street(s)
beyond the boundaries of a gated community, upon any street not near,
surrounding, or including a golf course(s), or upon any major thoroughfare,
expressway, freeway, county road, state highway, or a federal highway.
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ORDINANCE NO. 1287 (#20 - 06)
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JMC ~10.30.050 ENFORCEMENT AND PENALTIES.
A) It shall be the responsibility of the Jacksonville Police Department to enforce
the provisions of this Ordinance. Should any certified law enforcement member of
the Department observe any individual in violation of any provision of this
Ordinance, he/she shall promptly issue a citation for said violator into the
Jacksonville District Court and/or see that an affidavit of warrant is issued for any
violation(s) observed.
B) Any individual who pleads guilty, nolle contrendre, or is found guilty of a
violation of the terms of this Chapter shall be fined no less than Twenty-five Dollars
($25.00) and no more than One Hundred Dollars ($100.00), together with
applicable court costs, for each violation of the provisions of this Chapter.
SECTION TWO: The provisions of this Ordinance are hereby declared to
be severable. If any section, phrase, or provision shall be declared or held invalid,
such invalidity shall not affect the remainder of the sections, phrases, or provisions.
SECTION THREE: All Ordinances and parts of Ordinances in conflict
herewith are hereby repealed to the extent of said conflict.
SECTION FOUR: This Ordinance shall take effect from and after its date
of passage pursuant to and by applicable law.
APPROVED THIS ().O \-'L DAY OF JULY, 2006.
CITY OF JACKSONVILLE, ARKANSAS
BY:~~
TOMMY SWA M, MAYOR -
ATTEST:
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