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HomeMy WebLinkAboutOrdinances (O-26-2368)-05/12/2026ORDINANCE 0-26-2368 AMENDING CHAPTER 86 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES TO ADOPT A DIVISION 2; ADOPTING SAFETY RESTRICTIONS FOR THE USE OF MOTORIZED CARTS WITHIN THE CITY; AMENDING THE TITLE(S) TO REFLECT THE ADOPTION OF THE SAME; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville, Texas (the "City") is a home -rule municipality having full powers of self-government and may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State; and WHEREAS, the Colleyville City Council (the "City Council") finds and determines the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council finds and determines that the regulations herein are necessary and proper for carrying out its power to protect the government interest, welfare, and good order of the City; and WHEREAS, the City Council finds and determines that the following regulations are necessary to promote safety in the use of Motorized Carts within the City; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein and has complied with all the prerequisites necessary for the passage of this ordinance, including but not limited to the Texas Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the forgoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Ordinance 0-26-2368 Page 2 of 3 Sec. 2. THAT Chapter 86 "Streets, Sidewalks, and Other Public Places" is hereby amended to include a new Division 2 in Article I entitled "Use and Operation of Motorized Carts", as provided in "Exhibit A", and to amend the Title of Article 1 and Division 1 to reflect the same. Sec. 3. THAT any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Section 1-7 of the City of Colleyville Code of Ordinances, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Sec. 4. THAT all provisions of the Code of Ordinances of the City of Colleyville, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2026. The second reading and public hearing being conducted on the 12th day of May 2026. Ordinance 0-26-2368 Page 3 of 3 APPROVED BY A VOTE OF 4 AYES, 2 NAYS, ON THIS THE 12TH DAY OF MAY 2026. Mayor Bobby Lindamood Nay Mark Alphonso, Place 2 Mayor Pro Tern Brandi Elder Nay Ben Graves, Place 4 Deputy Mayor Pro Tern Scotty Richardson Aye Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 Aye ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Sarah Ross City Attorney Mayor 01 —y Absent Aye aj EXHIBIT A ORDINANCE 0-26-2368 "CHAPTER 86 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES... " Article 1 - USE AND OPERATION OF ELECTRONIC BICYCLES, ELECTRONIC SCOOTERS, AND MOTORIZED CARTS (GOLF CARTS) DIVISION 2. USE AND OPERATION OF MOTORIZED CARTS. Sec. 86-6. Applicability/Exemptions A. Applicability. 1. Motorized Cart or Cart. Except as expressly provided herein, the provisions of this Division shall apply to all Motorized Carts operated upon a Street or other specifically designated area within the City of Colleyville. 2. ATV and Similar Vehicles. Nothing in this Article permits the operation of those motorized conveyances commonly referred to as ATVs, four -wheelers, mules, gators, go-carts, and any similar gas - powered conveyance on a public roadway within the City of Colleyville, except when utilized by authorized City personnel for City business. 3. Low Speed Vehicle and Neighborhood Electric Vehicles. Low Speed Vehicles (LSV's) and Neighborhood Electric Vehicles (NEV's) are authorized by the Transportation Code to be registered as a motor vehicle. If operated on the Streets of the City of Colleyville, LSV's and NEV's shall be required to meet all State and Federal safety standards and be registered as motor vehicles in accordance with the Texas Transportation Code. B. Exemptions. The following use or operation of a Motorized Cart shall be exempt from the regulations of this Article: 1. Golf Course. The operation of either a privately owned Motorized Cart or a Motorized Cart owned or leased by a golf course or other third party when the Cart is used only on the golf course or used only to cross a roadway from one section of a golf course to another section of the same course: or 2. Gated or Private Planned Community. The operation of a Motorized Cart within a gated, private, or limited access community with private streets, a uniform set of restrictive covenants, and a City approved plat, Ordinance 0-26-2368 - Exhibit A unless traffic enforcement has been requested by the homeowners living within the community and the City Council has approved their request; or 3. Official City Business. A Motorized Cart is used or operated by personnel for the City of Colleyville on official police business or for official business of the City on property owned by or leased to the City; or 4. Transportation to/from Golf Course - Daytime Only. The operation of a Motorized Cart upon a public street with a posted speed limit of not more than thirty-five (35) miles per hour if the golf cart complies with all requirements of the Texas Transportation Code, as amended, for the operation of a Cart, is operated during the daytime only and not more than two (2) miles from the location where the golf cart is usually parked and for transportation to or from a golf course; or S. Parade, Festival or Special Event. The operation of a Motorized Cart when the Cart is used in connection with a parade, festival or other City authorized or sponsored special event, the written consent of the sponsor is obtained, and the Cart is only used as part of such parade, festival or special event. Further, a Motorized Cart used in connection with such parade, festival, or special event shall comply with all requirements set forth in the City issued Special Event Permit for the parade, festival, or other special event. Sec. 86-7. Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings provided below, except where the context clearly indicates a different meaning. A. Daytime Operation means operation of a Cart during the period beginning one-half hour before sunrise and ending one-half hour after sunset. B. Driver means a person driving and having physical control over a vehicle, including but not limited to a Motorized Cart. C. Driver License means an authorization issued by a State for the operation of a motor vehicle, including but not limited to a temporary license, provisional license, instructional permit, and an occupational license. D. Local Street means the streets designated as Local Streets in the City of Colleyville Master Thoroughfare Plan. Ordinance 0-26-2368 - Exhibit A E. Low Speed Vehicle (LSV) means a motor vehicle that is four (4) wheeled and has an attainable top speed of more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour on a paved level surface, which is manufactured or retrofitted in compliance with those federal motor vehicle safety standards for low -speed vehicles, and has a weight of less than 3,000 pounds. F. Motorized Cart or Cart means those electric or gasoline powered carts, commonly referred to as golf carts, but which must have a minimum of four (4) wheels, and which have an attainable top speed of less than twenty (20) miles per hour on a paved level surface. Specifically excluded from this definition are those motorized conveyances commonly referred to as Low -Speed Vehicles (LSV's), Neighborhood Electric Vehicles (NEV's), ATVs, four -wheelers, mules, gators, and go-carts. G. Owner means a Person who holds title to or who leases a Motorized Cart for his/her own personal use or for the use of a third party, whether for private or for commercial retail purposes. H. Parking Area means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as parking lots. L Person means an individual, corporation, partnership, joint venture, or any other business entity. J. Sidewalk means the portion of a Street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. K. Slow -Moving -Vehicle -Emblem means a triangular emblem that conforms to standards and specifications and displayed in accordance with Chapter 547 of the Texas Transportation Code, as amended. L. Street(s) means the public roadways of the City of Colleyville and the private roadways for which the Texas Transportation Code has been applied by Council action regardless of its designation as a road, alley, avenue, highway, route, boulevard, etc. M. Traffic Way is any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The Traffic Way includes all property, both improved and unimproved, between the property lines of a roadway system. Ordinance 0-26-2368 - Exhibit A Sec. 86-8. Operational Regulations A. Operation of Cart/Compliance with Traffic Laws. Except as provided herein, while operating a Motorized Cart upon Street(s) of the City a Driver shall comply with all laws applicable to Carts and other motor vehicles as set forth in this Code, the Texas Transportation Code, as amended, and other State laws. A Driver shall be subject to citation for all violations of this Article, the Texas Transportation Code, and other applicable State law. Only Daytime Operation is permitted pursuant to this Division, unless exempt. B. Permitted Streets. Motorized Carts operation shall be permitted only on streets designated as Local Streets as identified in the City of Colleyville Master Throughfare Plan. Motorized carts are prohibited from operating on streets designated by other classifications except where such roads shall be crossed at an intersection. C. Driver License Required. A Driver of a Motorized Cart shall be at least sixteen (16) years of age, hold a valid Texas Driver License and shall abide by all state and local traffic regulations applicable to vehicular traffic when operating a Motorized Cart upon the Streets and Parking Areas of the City. D. Sidewalk or Pedestrian Way. A Driver shall not operate a Motorized Cart on any Sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic, unless such operation is by Police or other authorized City personnel acting in an official capacity and performing an official duty. E. Crossing Intersections. A Driver shall not operate a Motorized Cart upon any portion of a Street not designated as a Local Street; provided however, that a Person may cross at an intersection, including a road or street that is not designated as a Local Street. A Driver of a Motorized Cart may cross a multi -lane or a federal, county or state route only at an intersection controlled by an official traffic control device which stops traffic from all directions. F. Lane Usage. A Motorized Cart is entitled to full use of a lane on the authorized Streets and Parking Areas of the City and no motor vehicle shall be driven in such a manner as to deprive any Motorized Cart of the full use of a lane. A Driver shall not operate a Motorized Cart between lanes of traffic or between adjacent lines or rows of vehicles. Ordinance 0-26-2368 - Exhibit A G. Passing. A Driver of a Motorized Cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. H. Maximum Number of Occupants. The number of occupants in a Motorized Cart shall be limited to the number of persons for whom seating capacity is provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated except while signaling turns or stops. A Driver shall not permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. No pets may ride in a Driver's lap. I. Parking. A Driver of a Motorized Cart may park a Cart only in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of Motorized Carts in an area where parking is not allowed or in any place or manner that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. A Driver shall not park a Motorized Cart within a space designated for disabled persons unless a current disabled parking placard is displayed on the Cart and the person to whom the placard was issued is operating or being transported in the Motorized Cart. Notwithstanding the foregoing, a property owner may designate an area outside of a Parking Area specifically for the use of Motorized Carts, provided that the area is marked with appropriate signage and that the parking of a Cart in that area does not obstruct a fire lane, ingress or egress to a building, and does not interfere with the flow of vehicular traffic in a Parking Area. J. Towing Prohibited. Except as expressly allowed in this Article, Motorized Carts shall not be used for the purpose of towing another Cart, trailer, vehicle of any kind or a Person, including without limitation a Person on roller skates, skateboard, bicycle, or other wheeled device. A person employed by a golf course may tow a Cart for the purpose of relocating the Cart from one portion of a golf course to another portion of the same golf course and may cross a roadway while doing so. Sec. 86-9. Equipment Regulations —Operation of a Motorized Cart A. General. It shall be unlawful for a Person to operate a Motorized Cart on the Streets of the City if the Motorized Cart does not meet all minimum equipment standards, if required liability insurance for the Cart is not maintained, or if a Person fails to comply with any other requirement of this Article. Ordinance 0-26-2368 - Exhibit A B. Required Equipment. 1. Safety Equipment. Except as expressly exempted from this Article, each Motorized Cart permitted and operated upon a Street(s) within the City shall be required to meet the minimum equipment standards specified in this Article: a. Operational headlamps (2 required) b. Operational tail lamps (2 required) c. Side reflectors (2 front: amber in color and 2 rear: red in color) d. Front and rear turn signal lamps e. Stop lamps (2 required) f. Operational parking brake g. An exterior mirror mounted on the Driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror (capable of a clear unobstructed view of at least two hundred (200) feet to the rear) h. Safety belts for driver and all riders i. Slow -Moving -Vehicle -Emblem on the rear j. Horn (audible for a distance of two hundred (200) feet in compliance with Texas Transportation Code, Section 547.501, as amended) k. A windshield. All required equipment for a Motorized Cart shall meet Texas and Federal Motor Vehicle Safety Standards. C. Exhaust System for Gasoline Powered Motorized Carts. In addition to the above listed equipment, every Motorized Cart powered by gasoline shall at all times be equipped with an exhaust system in good working order, in constant operation and meeting the following specifications: 1. The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer. 2. The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening motorized cart exhaust systems Ordinance 0-26-2368 - Exhibit A D. Atmospheric Emissions. It shall be unlawful for the Owner of any Motorized Cart to operate or permit the operation of such Cart without a properly installed device controlling or abating atmospheric emissions. It shall be unlawful for a Cart Owner, Cart Manufacturer or any other third party to render such emissions device unserviceable by removal, alteration or by any other action which interferes with its operation. Sec. 86-10. Penalty. Any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Section 1-7 of the City of Colleyville Code of Ordinances, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Secs. 86-11-86-25. - Reserved.