Loading...
Ord 36-2023 Amend Chapter 102 Article IX - Golf Cart to Create Article IX - Unique Vehicles 07/18/2023 Ordinance No. 36-2023 Ordinance amending Chapter 102 of the Code of Ordinances by amending Article IX — Golf Cart to create Article IX — Unique Vehicles, 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 has previously determined regulations for golf carts are desirable and appropriate to operate on public streets; and, WHEREAS, the City of Wichita Falls City Council has reviewed and has determined it is desirable to regulate the operation of off-highway vehicles on public streets to ensure public safety similar to golf carts; and, WHEREAS, Texas Transportation Code Section 551A.053 authorizes the governing body of a municipality to regulate and control the operation of off-highway vehicles within the City's legal boundaries and on its public streets to ensure the public safety of the community; and WHEREAS, the City Council finds it necessary to regulate off-highway vehicles in order to preserve health, property, good government, and order in a Home-Rule municipality as defined under Chapter 54 of the 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 amended and shall read as follows: ARTICLE IX. — UNIQUE VEHICLES 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. PAGE 1 OF 4 PAGES AGENDA ITEM NO. Hours of Operation. The period begins at 7 a.m. and ends at 9 p.m. Off-Highway Vehicle. The meaning assigned by the Texas Transportation Code Section 551A.001, as it exists or may be amended, includes a recreational off-highway vehicle, or a utility vehicle. A recreational off-highway vehicle, and a utility vehicle shall have the meaning assigned by the Texas Transportation Code Section 551A.001, as it exists or may be amended. The definition explicitly excludes the term "all-terrain vehicle" and "sand rail." Operator. A person who drives or has physical control of a unique vehicle. An operator shall carry a valid driver's license. Owner. The person who has legal title to the unique vehicle has the legal right of possession of the unique vehicle 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. Secured. In connection to using a safety belt means using the lap belt and any shoulder straps according to the instructions of: a) the manufacturer of the unique vehicle, if the safety belt is original equipment; or b) the manufacturer of the safety belt, if the safety belt has been added to the unique vehicle. 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. Unique Vehicle. The meaning includes golf carts and off-highway vehicles. Sec. 102-271 . — Operation regulations for a unique vehicle. (a) All operators of a unique vehicle shall be licensed to operate a motor vehicle as provided by the Texas Transportation Code and shall carry a valid driver's license while operating the unique vehicle. 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 a unique vehicle shall abide by all traffic regulations applicable to vehicular traffic when using any public street in the City. Operators shall not operate a unique vehicle on public sidewalks or any portion of the Circle Trail at any time. PAGE 2 OF 4 PAGES AGENDA ITEM NO. (c) Operators shall not operate a unique vehicle on a public street with a posted speed limit of more than 35 mph. Operators shall not operate a unique vehicle at a speed greater than the posted speed at any time. (d) An operator of a unique vehicle 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 unique vehicle of the full use of a lane. (e) An operator of a unique vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (f) No operator shall operate a unique vehicle between lanes of traffic or between adjacent lines of rows of vehicles. (g) An operator of a unique vehicle shall move to the right and yield the right of way to faster-moving vehicles. (h) The operator of a unique vehicle shall not operate a unique vehicle 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 unique vehicle is in motion. (i) The operator of a unique vehicle shall only operate a unique vehicle during the hours of operation. (j) The operator and occupants of a unique vehicle shall be secured by a safety belt while the unique vehicle is being operated if the unique vehicle is equipped with safety belts. If an operator operates a unique vehicle and passengers under the age of 17 are not secured by a safety belt, the operator is responsible and can be issued a citation for each unsecured occupant. (k) A person, owner, or operator of a unique vehicle commits an offense if they operate a unique vehicle on a public street in violation of this section. Sec. 102-272. — Exceptions (a) Unique vehicles 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) Unique vehicles owned or operated for holiday parcel delivery are exempt from regulation by this Code article. Sec. 102-273. — Required equipment regulations (a) Every unique vehicle operated within the City of Wichita Falls shall be equipped with the following equipment, which shall be operational at all times: two headlights, 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. PAGE 3 OF 4 PAGES AGENDA ITEM NO. (b) Every unique vehicle powered by gasoline shall at all times be equipped with an exhaust system in good working order and all unique vehicles shall comply with all state, federal, and city regulations, specifically Section 46-19, Unnecessary and disturbing noise or vibration. (c) Unique vehicles operating on a public street shall have an affixed state license plate for unique vehicles. (d) An owner or operator of a unique vehicle commits an offense if they operate a unique vehicle on a public street that is not equipped as required by this section or is altered 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 on August 18, 2023. PASSED AND APPROVED this the 18th day of July 2023. MAYOR ATTEST: CivaA,{_<_,D(47tAi,(r Clerk PAGE 4 OF 4 PAGES AGENDA ITEM NO.