Ord 28-2023 Amend Ch. 102 in Code of Ordinances by Creating Article IX - Golf Cart 06/06/2023 Ordinance No. 28-2023
Ordinance amending Chapter 102 of the Code of Ordinances by
creating Article IX — Golf Carts, providing for severability, and setting
an effective date
WHEREAS, the City of Wichita Falls is a home-rule municipality acting under its
Charter pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and,
WHEREAS, the City of Wichita Falls City Council has reviewed and has
determined it is desirable to regulate the operation of golf carts on public streets to
ensure public safety; and,
WHEREAS, Texas Transportation Code Section 551 .4031 authorizes the
governing body of a municipality to regulate and control the operation of golf carts within
the City's legal boundaries and on its public streets to ensure the public safety of the
community; and,
WHEREAS, golf cart use can help to reduce overall emissions, and their use is
an eco-friendly or 'green' alternative to traditional passenger vehicles; and,
WHEREAS, golf carts are not normally equipped with many of the traditional
safety features that are customarily required or found on more commonly-used motor
vehicles; and,
WHEREAS, the City Council finds it necessary to regulate golf carts in order to
preserve health, property, good government, and order in a Home-Rule municipality as
defined under Chapter 54 of Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. Findings of Fact. The foregoing recitals are incorporated into this
Ordinance by reference as findings of fact as if expressly set forth herein.
Section 2. Amendment. Chapter 102, Article IX is hereby created and shall read as
follows:
ARTICLE IX. — GOLF CARTS
Sec. 102-270. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Golf cart. The meaning assigned by the Texas Transportation Code section 541 .001 ,
as it exists or may be amended, includes a motor vehicle designed by the
manufacturer primarily for transporting persons on a golf course. The term, as used
herein, shall include a specific restriction that a permitted golf cart shall have an
attainable top speed of not greater than 25 mph. Specifically excluded from this
definition are those motorized conveyances commonly referred to as ATVs, NEVs,
UTVs, ROVs, or four-wheelers.
Hours of Operation. The period begins at 7 a.m. and ends at 9 p.m.
Operator. A person who drives or has physical control of a golf cart. An operator
shall carry a valid Texas driver's license or a valid learner permit while accompanied
by an adult 18 years or older who holds and carries a valid Texas driver's license.
Owner. The person who has legal title to the golf cart has the legal right of
possession of the golf cart or has the legal right of control of it.
Public street. The public roadways of the City by whatever name, e.g., road, alley,
avenue, highway, route, boulevard, etc., within the corporate boundaries of Wichita
Falls that: (1) Has a posted speed limit of thirty-five (35) miles per hour or less; and
(2) Provides for no more than one (1) lane of vehicular traffic per direction.
Slow-moving-vehicle-emblem. A triangular emblem that conforms to standards and
specifications adopted by the Director of the Texas Department of Transportation
under Section 547.104 of the Texas Transportation Code, as amended, and is
displayed in accordance with Section 547.703 of the Texas Transportation Code, as
amended.
Sec. 102-271 . — Operation regulations for golf carts.
(a) All operators of golf carts shall be licensed to operate a motor vehicle as
provided by the Texas Transportation Code and shall carry a valid Texas driver's
license while operating the golf cart. A license shall include a valid Texas learner
license while accompanied by an adult 18 years or older who holds and carries a
valid Texas driver's license.
(b) All operators of golf carts shall abide by all traffic regulations applicable to
vehicular traffic when using any public street in the City. Operators shall not
operate a golf cart on public sidewalks or any portion of the Circle Trail at any
time.
(c) Operators shall not operate golf carts on a public street with a posted speed limit
of more than 35 mph. Operators shall not operate a golf cart at a speed greater
than the posted speed at any time.
(d) An operator of a golf cart is entitled to full use of a lane on the public street, and
the operator of another motor vehicle shall not be operated in such a manner as
to deprive any golf cart of the full use of a lane.
(e) An operator of a golf cart shall not overtake and pass in the same lane occupied
by the vehicle being overtaken.
(f) No operator shall operate a golf cart between lanes of traffic or between adjacent
lines of rows of vehicles.
(g) An operator of a golf cart shall move to the right and yield the right of way to
faster-moving vehicles.
(h) The operator of a golf cart shall not operate a golf cart on a public street with
more occupants than seating capacity as designed by the manufacturer, and all
occupants shall remain seated in a seat designed to hold passengers while the
golf cart is in motion.
(i) The operator of a golf cart shall only operate a golf cart during the hours of
operation.
(j) A person, owner, or operator of a golf cart commits an offense if they operate a
golf cart on a public street in violation of this section.
Sec. 102-272. — Exceptions
(a) Golf carts owned or operated for official government purposes by the City of
Wichita Falls or any other governmental entity are exempt from regulation by this
Code.
(b) Golf carts owned and operated for holiday parcel delivery as authorized by city
ordinance 94-17 are exempt from regulation by this Code article.
Sec. 102-273. — Required equipment regulations
(a) Every golf cart operated within the City of Wichita Falls shall be equipped with
the following equipment, which shall be operational at all times: headlight, two tail
lamps, parking brakes, rearview mirror(s), and a slow-moving vehicle emblem
clearly visible in daylight or at night from the light of standard automobile
headlamps at a distance of at least 500 feet.
(b) Every golf cart powered by gasoline shall at all times be equipped with an
exhaust system in good working order and all golf carts shall comply with all
state, federal, and city regulations, specifically Section 46-19, Unnecessary and
disturbing noise or vibration.
(c) Golf carts operating on a public street shall have an affixed state license plate for
golf carts.
(d) An operator of a golf cart commits an offense if they operate a golf cart on a
public street that is not equipped as required by this section or is altered in
violation of this section.
(e) The owner of a golf cart commits an offense if they allow their golf cart to be
operated in violation of this section.
Sec. 102-274. - Criminal offense and penalties.
Any person who violates any provision of this article, as it exists or may be amended,
shall be deemed guilty of a Class C misdemeanor and upon conviction thereof, shall be
guilty of a violation as provided in section 1-14.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this Ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas, and that sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention.
Section 5. Should any word, phrase, paragraph, section, or portion of this Ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said Ordinance or the
Code of Ordinances, as amended hereby, which shall remain in full force and effect.
Section 6. This Ordinance shall become effective July 7, 2023.
PASSED AND APPROVED this the 6th day of June 2023.
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MAYOR
ATTEST:
Cit Clerk