golf cart registration packet - the Town of Grant

Town of Grant Valkaria
Post Office Box 766
4240 Highway 1
Grant Valkaria, FL 32949
(321) 951-1380 Phone
(321) 956-5660 Fax
GOLF CART REGISTRATION PACKET
Dear Resident:
The package provides the information you will need to register your golf cart for use on
selected Town streets. The registration package consists of a registration form and
information on the rules and regulations governing golf cart use on public roads. In order
to register your golf cart you will need to complete the following steps:
1. Complete the golf cart registration and sign where indicated.
2. The Town requires that you read and understand the Golf Cart Rules and
Regulations that are attached. The information is also available at the Town Hall or
may be viewed online at the Town’s website at www.grantvalkaria.org.
3. A onetime $25.00 registration fee. Once you have submitted payment you will
receive a decal to place on the front upper left hand corner of the golf cart body. (See
diagram below)
4. The registration is valid for the time period for which you own the vehicle and is
non-transferrable to any other party or vehicle. If you move please notify Town Hall
of the address change, as soon as possible.
Registration
Decal
Please remember that using golf carts on Town Streets is a privilege. There are rules that
go along with this ordinance and failure to abide by the rules could result in getting a ticket
from the sheriff’s department, code enforcement action, or the Town Council reversing its
decision to allow golf carts.
Town of Grant Valkaria
Post Office Box 766
4240 Highway 1
Grant Valkaria, FL 32949
(321) 951-1380 Phone
(321) 956-5660 Fax
GOLF CART RULES AND REGULATIONS
The Town of Grant Valkaria has approved a program allowing the use of golf carts on
streets within the town limits of Grant Valkaria. Grant Road, Valkaria Road, Highway US 1,
Babcock Street, Benjamin Road, Osage Street and Senne Road are not included in the public
streets that golf carts can travel on. There are only three designated golf cart crossings
which include: Grant Road at Brabrook Avenue, Valkaria Road at Corey Road, and Valkaria
Road at Tadlock Road & Old Dixie Highway.
We ask for your assistance in making this program a continued success. Please obey all
traffic laws. Please do not allow unauthorized individuals to operate your golf cart. Please
respect other motorists by traveling as far right on the roadway as safely possible.
Registration: A Golf cart is defined under Florida Law as “A motor 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.” [Reference F.S. § 316.003(68)
(2010), and 320.01 (22) (2010)]. To use a golf cart on Town streets, the golf cart must be
registered with the Town. There will be a $25.00 onetime registration fee and you will be
required to place a decal on the front upper left hand corner of the golf cart body.
Equipment Requirements: Golf carts must be equipped with efficient brakes, reliable
steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices on
both the front and rear of the golf cart when operated on designated roads/streets. Golf
carts that will be utilized between sunset and 10:00 p.m. and/or during conditions of rain,
smoke, or fog must also be equipped with headlights, brake lights, tail lights, turn signals
and a windshield in accordance with F.S. § 316.217.
Basic Rules for Operation: Golf Carts and operators are required to obey the following
rules. Failure to comply with Town or State Law may result in the issuance of a ticket from
the sheriff’s department, code enforcement action, or the Town Council reversing its
decision to allow golf carts.
•
Golf carts are prohibited between the hours of sunset to sunrise unless equipped
with the required headlights, brake lights, tail lights, turn signals then they may
operate until 10:00 p.m.
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•
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•
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Golf carts are prohibited on the following streets:
Grant Road
Valkaria Road
Highway US 1
Babcock Street
Benjamin Road
Osage Street, and
Senne Road
Golf carts can only be operated by a person 16 years of age or older.
Golf carts must operate in accordance with all state, county or Town traffic
regulations.
Golf carts cannot operate on bicycle paths, ped-ways, or sidewalks.
Golf carts cannot carry more passengers than the number of passengers which the
golf cart was designed to carry.
No occupants of a golf cart shall stand at any time while the golf cart is in motion
Golf carts may only operate upon a designated street or road
Golf carts must be registered with the Town.
Golf cart must have a registration sticker on it. The registration sticker will be
provided by the Town at time of registration.
THIS ORDINANCE DOES NOT APPLY TO ATV’S OR ROV’S OR ANY OTHER SIMILAR
TYPE OF VEHICLE BESIDES A GOLF CART AS DEFINED BY FLORIDA STATUTE. ATV’s
AND OTHER SIMILAR VEHICLES ARE PROHIBTED FROM OPERATING ON PUBLIC
STREETS AND WILL BE TICKETED BY THE SHERIFF’S DEPARTMENT IF CAUGHT.
Town of Grant Valkaria
Post Office Box 766
4240 Highway 1
Grant Valkaria, FL 32949
(321) 951-1380 Phone
(321) 956-5660 Fax
GOLF CART REGISTRATION
Name:
GV Registration Decal #:
Address:
Golf Cart Manufacturer:
Serial or ID #:
I certify that all drivers operating the golf cart will be 16 years of age or older. I have
received a copy of the rules, regulations and Ordinance No. 2011-05 and shall ensure that
all drivers comply with the Town of Grant-Valkaria Golf Cart Rules and Regulations.
Signature
REQUIRED EQUIPMENT
Efficient Brakes
Reliable Steering Apparatus
Date
INITIAL HERE
Safe Tires
Rearview Mirror
Red Reflectorized Warning Devices on Front
and Rear of Golf Cart
The following items are required for use of golf carts between sunset and 10:00 p.m.
and/or during the conditions of rain, smoke or fog.
REQUIRED EQUIPMENT
Headlights
Brake Lights
Tail Lights
Turn Signals
Windshield
INITIAL HERE
RELEASE, INDEMNITY AND HOLD HARMLESS
THIS AGREEMENT (“Agreement”) is dated _______________________, 201__ (regardless of when
signed) and is by and between TOWN OF GRANT-VALKARIA, a Florida municipal corporation (GRANTVALKARIA) and __________________________ (INDEMNITOR)
Agreement
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
GRANT-VALKARIA agrees to allow the INDEMNITOR to operate a golf cart upon designated streets and roads in
accordance with Ordinance No. 2011-05. In consideration the INDEMNITOR, his or her heirs, successors, assigns,
guests, licensees, operators of registered golf carts, passengers of registered golf carts, Trustees, guardians, or
personal representatives and anyone claiming by or through INDEMNITOR hereby absolutely releases and forever
discharges GRANT-VALKARIA and it respective heirs, estates, officers, directors, council members, employees,
agents, representatives, attorneys, managers, administrators, assigns, and successors from any and all claims,
demands, damages, awards, judgments, expenses, actions, causes of action, penalties, proceedings, controversies,
monies, accounts, compensation, contracts, promises, injuries to persons or property, fees, reimbursements, costs,
debts, attorney fees, defenses, losses and liabilities of any nature liquidated or unliquidated, known or unknown, fixed
or contingent, whether arising in contract, tort or at law or in equity for which he or she shall have now against
GRANT-VALKARIA or which they may have in the future arising from or in any way relating to GRANTVALKARIA allowing the INDEMNITOR to operate a golf cart upon designated streets and roads in accordance
with Ordinance No. 2011-05 and for the INDEMNITOR’s conduct in the operation and use of a golf cart upon
designated streets and roads in accordance with Ordinance No. 2011-05, including the negligence of GRANTVALKARIA, for damages relating to or arising out of the of the INDEMNITOR’s operation and use of a golf cart
upon designated streets and roads in accordance with Ordinance No. 2011-05. Furthermore, INDEMNITOR shall
hold GRANT-VALKARIA harmless and in all respects indemnify GRANT-VALKARIA against all claims,
demands, damages, awards, judgments, expenses, actions, causes of action, penalties, proceedings, controversies,
monies, accounts, compensation, contracts, promises, injuries to persons or property, fees, reimbursements, costs,
debts, attorney fees, defenses, losses and liabilities of any nature liquidated or unliquidated, known or unknown, fixed
or contingent, whether arising in contract, tort or at law or in equity caused by the INDEMNITOR, including the
negligence of the INDEMNITOR from the date of this agreement to the end of the world, including any such claims
by third parties. Nothing herein shall be deemed or is intended to be a waiver of the limitations placed upon
GRANT-VALKARIA as set forth in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seal the date written below.
TOWN OF GRANT-VALKARIA
_________________________________________
Indemnitor
By:______________________________________
Date:_____________________________________
Date:_____________________________________
Town of Grant-Valkaria, Florida
ORDINANCE NO. 2011-05
AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA , BREVARD
COUNTY, FLORIDA; IMPLEMENTING PROVISIONS FOR THE
OPERATION OF GOLF CARTS ON DESIGNATED TOWN ROADS;
PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR
DEFINITIONS; ESTABLISHING OPERATIONAL STANDARDS AND
REQUIREMENTS; PROVIDING FOR SIGNAGE; PROVIDING FOR
LIMITATIONS AND OTHER PROHIBITED CONDUCT; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 316.212 (1), Florida Statutes permits municipalities to allow golf carts
to be operated on municipal roads provided that the municipality determines that golf carts may
travel on or cross such public roads or streets upon considering the speed, volume and character of
motor vehicle traffic using those roads or streets;: and,
WHEREAS, such designation for use of golf carts on municipal roads must be preceded by
a determination that the particular road or roads may be traveled upon or crossed considering factors
including traffic speed, volume and character of motor vehicle traffic; and,
WHEREAS, Section 316.212 (5), Florida Statutes, allows golf carts to only operate on such
public roads during hours between sunrise and sunset unless the Town has determined that a golf
cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with
headlights, brake lights, turn signals and a wind shield; and,
WHEREAS, Section 316.212 (8) (a), Florida Statutes permits the Town to enact a more
restrictive ordinance; and,
WHEREAS, the Town of Grant-Valkaria is a rural community as described in the preamble
to the Town’s Charter and Article IX of the Town’s Charter; and,
WHEREAS, the Town finds that motorized golf carts are a valid form of transportation and
commonly used in rural communities as a mode of transportation and for utility purposes; and,
WHEREAS, golf carts also provide an environmentally friendly mode of transportation;
and,
WHEREAS, golf carts generally operate at low speed and can otherwise be operated safely
when properly driven and when adorned with proper safety equipment; and,
WHEREAS, the Town Council believes that the regulations in this ordinance will promote
and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
GRANT-VALKARIA, BREVARD COUNTY, STATE OF FLORIDA, AS FOLLOWS:
SECTION 1. New Operation of Golf Cart on Town Roads and Streets Adopted.
“Sec. 1. Legislative intent and purpose.
It is the intent of this article to permit and regulate the use of golf carts upon designated roads of
the Town. The purpose of this Ordinance is to (1) provide for the orderly operation of golf carts
on designated Town roads; and (2) ensure that any golf cart operated on designated town roads
shall be operated in a safe manner to set standards for such operation. The Town Council
further finds that, based on the speed, volume and character of motor vehicle traffic on
designated town roads, golf carts may be operated on such designated Town roads in accordance
with these regulations.
Sec. 2. - Definitions.
All terrain vehicles/off-road vehicles shall mean any motorized off-highway vehicle 50 inches
or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more
nonhighway tires, having a seat designed to be straddled by the operator and handlebars for
steering control, and intended for use by a single operator with no passenger. For the purposes
of this section, “all-terrain vehicle” also includes any “two-rider ATV” as defined in s.
317.0003.
Bicycle path shall mean any road, path, or way that is open to bicycle travel, which road, path or
way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right-of-way or within an independent right-of-way.
Designated Town right-of-ways, streets or roads shall mean all right-of-ways, improved streets
or roads or portions of roads or streets upon which golf carts shall be allowed to operate, under
the conditions as provided for herein, which are identified herein.
Golf cart shall mean a motor 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. [Reference F.S. § 316.003(68) (2010), and 320.01 (22) (2010)].
Operator means the person registering the golf cart with the Town and any person who uses a
golf cart in accordance with the provisions of this ordinance.
Low-speed vehicle (LOV) shall mean any four-wheeled electric vehicle whose top speed is
greater than 20 miles per hour but not greater than 25 miles per hour, including neighborhood
electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s.
571.500 and s. 316.2122.
Right-of-way shall mean the improved portion of a designated street or road.
ROV shall mean any motorized recreational off-highway vehicle 64 inches or less in width,
having a dry weight of 2,000 pounds or less, designed to travel on four or more nonhighway
tires, having nonstraddle seating and a steering wheel, and manufactured for recreational use by
Town of Grant-Valkaria, Florida
Ordinance No. 2011-05
Page 2 of 5
one or more persons. The term “ROV” does not include a golf cart as defined in ss. 320.01(22)
and 316.003(68) or a low-speed vehicle as defined in s. 320.01(42).
Sec. 3. Operation.
(a) The operation of any golf cart on Town right-of-ways, roads or streets in the Town under the
following conditions is prohibited:
(1) Operation between the hours of sunset and sunrise except as otherwise provided for
herein.
(2) Failure to equip a golf cart with efficient brakes, reliable steering apparatus, safe tires, a
rearview mirror, and red reflectorized warning devices on both the front and rear of the
golf cart when operated on designated roads/streets.
(3) Operation between the hours of sunset and sunrise, except that the operation of a golf
cart between sunset and ten (10:00) p.m., is permitted if the golf cart is equipped with
headlights, brake lights, tail lights, turn signals, and a windshield as well as the
equipment specified in subsection (2).
(4) Failure to, in accordance with F.S. § 316.217, operate a golf cart with lighted headlights
when operated between the time of sunset and ten (10:00) p.m. and/or during conditions
of rain, smoke, or fog.
(5) Operation of a golf cart by a person under the age of 1416.
(6) In violation of state, county or Town traffic regulations.
(7) On bicycle paths, ped-ways, or sidewalks.
(8) Carrying more passengers than the number of passengers which the golf cart was
designed to carry.
(9) No occupants of a golf cart shall stand at any time while the golf cart is in motion.
(b) Operation of a golf cart on any Town right-of-way, road or street in the Town which the
Town has not designated for the use or operation of golf carts, as provided for herein, is
prohibited. Golf carts may be operated upon right-of-ways only in the case of emergency or
in order to allow the safe passage of other vehicles using a designated street or road.
Golf carts operated in compliance with subsection (a) above shall be allowed to operate
upon the right-of-ways, streets or roads of the Town as designated by the Town Council by
resolution, from time to time, and further, only upon which the posted speed limit is 35
miles per hour or less and, notwithstanding the foregoing, are prohibited from being
operated on the following roads:
(1) Grant Road;
(2) Valkaria Road;
(3) Highway U.S. 1; and
(4) Babcock Street.;
(5) Benjamin Road;
(6) Osage Street; and
(7) Senne Road.
The Town shall post appropriate signs at such crossing locations to inform the public of such
designated crossings.
Town of Grant-Valkaria, Florida
Ordinance No. 2011-05
Page 3 of 5
(c) Notwithstanding the provisions of subsection (b), golf carts may cross the following streets
or roads only at the following designated crossings:
(1) Grant Road at Brabrook Avenue
(2) Valkaria Road at Corey Road
( 3) Valkaria Road at Tadlock Road & Old Dixie Highway
(d) Golf carts operating upon a designated street or road shall be registered annually with the
Town. The purpose of the registration requirement is to ensure that all operators of golf carts as
permitted herein, acknowledge receipt of this ordinance and understand the provisions herein.
The registration is non-transferrable. In that respect all such registrants shall be given a copy of
this ordinance and any other rules, regulations or resolutions adopted pursuant to this ordinance
and shall sign a receipt acknowledging receipt of them on a form provided by the Town at time
of registration. The registration requirement is not intended nor shall it be construed to imply
that the Town has made any inspection of a golf cart to verify or ensure that the person(s)
operating said golf cart can safely do so, that all necessary equipment is affixed to the golf cart
or that the golf cart can be safely operated upon designated right-of-ways, roads or streets in the
Town. Upon such acknowledgement the operator releases the Town and agrees to indemnify
and hold the Town harmless from any and all liability with respect to the operation and safety of
the golf cart. Such release includes, but is not limited to, all causes of actions, administrative
proceedings, claims, damages, injuries, awards, judgments, expenses, property and personal
injuries to any property or person, death of any person, penalties, proceedings, controversies,
monies, accounts, compensation, contracts, promises, fees, reimbursements, costs, debts,
attorney fees, defenses, losses and liabilities of any nature liquidated or unliquidated, known or
unknown, fixed or contingent, whether arising in contract, tort or at law or in equity. Each
registrant shall also sign an indemnity and hold harmless agreement to be provided by the Town
to the registrant at the time of registration. The Town is authorized to charge a fee to
compensate the Town for such registration in an amount established from time to time by
resolution of the town Council. Each golf cart will be issued a registration sticker which must
be visibly affixed to the windshield on the front of the golf cart. Such sticker shall be made of
reflective material in a color and style selected by the town Council. Such sticker must be
removed when the golf cart is transferred as the registration is non-transferrable.
Sec. 4. - Signage.
The Town shall cause to be posted appropriate signs to indicate that such golf cart usage is
allowed in accordance with this Ordinance. Reference to this ordinance by number shall appear
on such signs.
Sec. 5. Limitations and Other Prohibited Conduct
The provisions of this Ordinance shall not be construed to authorize All-Terrain Vehicles, or
ROVs on any right-of-ways, roads or streets in the Town.
Sec. 6. Penalty and enforcement.
Any person who violates any provision of this article shall, upon conviction, be guilty of an
infraction pursuant to F.S. §§ 316.655, 318.13 and 318.14 (2010), all as may be amended from
time to time. Enforcement of this article shall be pursuant to F.S. § 316.640 (2010), as may be
Town of Grant-Valkaria, Florida
Ordinance No. 2011-05
Page 4 of 5
amended from time to time. Enforcement may also be by suit for injunctive or other appropriate
relief in a court of competent jurisdiction.” The Town may also use the provision of the Town’s
Code Enforcement Ordinance as a method of enforcement against operators and owners of
unregistered golf carts.
SECTION 2. Severability
If any subsection, clause, phrase, word or provision of this ordinance is, for any reason, held invalid
or unconstitutional by any court of competence jurisdiction, such invalid unconstitutional portion
shall be deemed a separate, distinct, and independent provision, in such holding shall not effect the
validity of the remaining portions of this ordinance, providing the remaining portions effectuate the
purpose and intent of this ordinance.
SECTION 3. Effective Date
This ordinance shall take effect ninety (90) one hundred-twenty (120) days from its passage and
adoption by the Town Council.
PASSED AND ADOPTED by the Town Council of the Town of Grant-Valkaria, Brevard County,
Florida, this 13th day of July, 2011.
(signature on file)
___________________________________
Del Yonts, Mayor
ATTEST:
(signature on file)
________________________________
Susanne Krueger, TOWN CLERK
First Reading:
Second Reading:
January 26, 2011
July 13, 2011
Roll Call Vote:
Del Yonts
Joe Hackford
Lisette Kolar
Dan Faden
Jason Mahaney
Pat Bryan
Cathy DeMott
Town of Grant-Valkaria, Florida
Ordinance No. 2011-05
Page 5 of 5
YES
YES
NO
NO
YES
YES
YES