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Ord 72-2011 12/20/2011ORDINANCE NO. 72 -2011 Ordinance Amending Section 94 -17 of the Code Of Ordinances Of The City Of Wichita Falls To Authorize The Use of Golf Carts for Holiday Parcel Delivery; Providing For Codification; And Providing an Emergency And Effective Date WHEREAS, Texas Transportation Code § 551.404 authorizes a municipality to allow golf carts on its low -speed City streets as follows: Texas Transportation Code § 551.404. Operation in Municipalities and Certain Counties: (a) In addition to the operation authorized by Section 551.403, the governing body of a municipality may allow an operator to operate a golf cart on all or part of a public highway that: (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour. (b) A golf cart operated under Subsection (a) must have the following equipment: (1) headlamps; (2) taillamps; (3) reflectors; (4) parking brake; and (5) mirrors. WHEREAS, United Parcel Services (UPS) desires to utilize golf carts to manage the delivery of packages during the Christmas season, and the City Council finds that parcel services can reduce emissions, congestion, and wear - and -tear on municipal facilities by utilizing light weight golf carts on City streets in lieu of the bulky trucks normally used for parcel delivery during the holiday season. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Golf Carts for Holiday Parcel Delivery Section 94 -17 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows: Sec. 94 -17. Golf Carts for Holiday Parcel Delivery. (a) From 12:00 a.m. on November 15 until 11:59 p.m. on December 31 of each year, an employee or agent of an entity whose primary business is the delivery of parcels may operate golf carts on public highways that have speed limits of not more than 35 miles per hour. Pursuant to Texas Transportation Code § 551.405, golf carts so operated may cross intersections, including a road or street that has a posted speed limit of more than 35 miles per hour, but under no circumstances is a golf cart to be operated pursuant to this section on, at or across an intersection with any of the following roadways: (1) Southwest Parkway, (2) Kell Boulevard East, (3) Kell Boulevard West, (4) Kemp Boulevard, (5) Seymour Highway, (6) Old Jacksboro Highway, (7) Midwestern Parkway, (8) Call Field Road, (9) Fairway Boulevard, or (10) Missile Road. (b) Any golf cart operated pursuant to this section must be equipped with headlamps, taillamps, reflectors, a parking brake, and mirrors. (c) The operator of a golf cart pursuant to this section must possess a valid drivers' license that authorizes said person to operate a motor vehicle on public highways. (d) The operator of a golf cart pursuant to this section must obey all state and local traffic laws. (e) "Golf cart" and "public highway" have the meanings assigned by Texas Transportation Code § 502.001. 2. Codification The sections of this ordinance that specify they amend or add to the Code of Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said sections of this ordinance may be renumbered or relettered to accomplish such intention. 3. Emergency and Immediate Effective Date The immediate logistical need to deliver large volumes of holiday packages creates an emergency, and in order to protect the public health, welfare and to preserve the peace, this ordinance shall take effect immediately, and it is so ordained PASSED AND APPROVED this the 20th day of December, 2011. MAYOR ATTEST: City Clerk