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.