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Home My WebLink About2011-024 ORDINANCE NO. 2011-024 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING A NEW CHAPTER 10.88 TO THE ARLINGTON MUNICIPAL CODE CREATING A GOLF CART ZONE WITHIN THE CITY LIMITS OF THE CITY OF ARLINGTON AND AUTHORIZING THE USE OF GOLF CARTS (OR SIMILAR VEHICLES) ON CERTAIN PUBLIC PROPERTY WITHIN THE CITY OF ARLINGTON WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, the City Council of the City of Arlington desires to regulate the use of golf carts to enhance the health, safety, and welfare of its citizens; and WHEREAS, through RCW 46.08.020, the Washington State Legislature has authorized the City to enact traffic regulations within the City of Arlington; and WHEREAS, through RCW 46.08.175 the Washington State Legislature has authorized the City to create golf cart zones by Ordinance or Resolution for the purposes of permitting incidental use of golf carts on public roadways; and WHEREAS, the City Council of the City of Arlington finds that providing minimum use and operational requirements for golf carts, to include but not limited to, age limits, lighting, and other safety equipment will likely protect persons and property from injury and annoyance and promote the safe use of such vehicles and property under the jurisdiction and control of the City. NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. A new Chapter 10.88 is hereby added to the Arlington Municipal Code, as follows: Chapter 10.88 USE OF GOLF CARTS (OR SIMILAR VEHICLES) ON PUBLIC PROPERTY 10.88.010 Definitions 10.88.020 Golf Cart Zone Created. 10.88.030 Requirements and Restrictions 10.88.040 Penalty for Non-compliance 10.88.010 Definitions. The following definitions shall be used in this Ordinance. Where a word or term is undefined, reference shall be made to RCW Title 46. ORDINANCE 2011-024 1 A. "Golf Cart" is defined as a gas-powered or electric-powered four—wheeled vehicle originally designed and manufactured for operation on a golf course for sporting purposes and has a speed attainable in one mile of not more than twenty miles per hour. A golf cart is not a non-highway vehicle or off-road vehicle as defined in RCW 46.09.020. A golf cart is not considered a motor vehicle, except for the purposes of chapter 46.61 RCW. B. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. C. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. D. "Street" means the entire right of way width including the sidewalk(if present) and between the curb and boundary lines and shoulder or swale of public property when any part thereof is open to the use of the public for purposes of pedestrian, bicycle, or vehicular travel including parking. 10.88.020 Golf Cart Zone Created. The public roadways located within the residential development commonly known as "Gleneagle" and generally described as being within the following boundaries shall be designated as a golf cart zone for the purposes of permitting the incidental operation of golf carts as set forth in this chapter: Public streets and roads situated within the place commonly known as "Gleneagle as depicted on the attached Exhibit A: Approximately 165 feet north of the centerline of 172"d Street NE on Gleneagle Boulevard Approximately 175 feet east of the centerline of 67t"Ave NE on Woodlands Way Approximately 680 feet west of the centerline of SR-9 on Eaglefield Drive Champions Drive beginning approximately 45 feet south of Eaglefield Drive The golf cart zone will be clearly identified by signage at the beginning and end of the golf cart zone on a street or road that is part of the golf cart zone, in accordance with WSDOTs manual on uniform traffic control devices for streets and highways. 10.88.030 Requirements and Restrictions. The following use, operational requirements, and restrictions are adopted by the City for golf carts driven in a golf cart zone. A. Every person operating a golf cart as authorized under this section is granted all rights and is subjected to all duties applicable to the driver of a vehicle under chapter 46.61 RCW (Rules of the Road). B. A golf cart may be operated on a public roadway by a person within a golf cart zone as follows: ORDINANCE 2011-024 2 1) Every person operating a golf cart as authorized under this section must be at least sixteen (16) years of age and must have completed a driver education course or have previous experience driving as a licensed driver. 2) A person who has a revoked license under RCW 46.20.285 may not operate a golf cart as authorized under this section. 3) Any person operating a golf cart, as authorized under this section, shall not transport more passengers than the manufacturer's designed seating capacity. All occupants shall be seated during operation and the use of seat belts shall be mandatory while the golf cart is being operated. C. Golf carts shall not be operated on a public roadway during one-half(1/2)hour after sunset to one-half(1/2) hour before sunrise. D. Golf carts must be equipped with the following safety equipment when operated on public roadways: 1) A total of eight 3" reflectors shall be mounted on the golf cart, four amber and four red. Amber reflectors shall be placed on the front and the forward right and left sides of the cart. Red reflectors shall be placed on the rear and the rear right and left sides of the cart. 2) Seatbelts shall be anchored to the frame for driver and passenger. 3) Two rearview mirrors capable of reflecting for a distance of at least two hundred feet to the rear of such vehicle shall be mounted to the golf cart: i. One on the left hand side of the cart, and ii. One on the right hand side of the cart, or One in the middle of the cart. E. Golf carts are exempt from vehicle licensing requirements, and child restraint system use. 10.88.040 Penalty for Non-compliance. Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW; provided, however, that violations of the Rules of the Road, RCW Chapter 46.61, shall be punished as set forth in AMC Chapter 10.84. . The penalty for the first violation of this chapter other than violations relating to RCW Chapter 46.61 shall be $100.00. The penalty for a second or subsequent offense in violation of this chapter other than violations relating to RCW Chapter 46.61 within two years shall be $250.00. If an underage operator or person is found to be using or operating a golf cart in violation of this chapter, such matter and infraction will be referred to Snohomish County Juvenile Court. Section 2. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. ORDINANCE 2011-024 3 Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this day of " —S'— , 2011. i CITWOFArR� GT ,?'' Agar ret Larson, Mayor ATTEST: �Kristii Banfield, City Clerk APPROVED AS TO FORM: Stev tp) f(1 , it rney ORDINANCE 2011-024 4 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2011-024 was approved at the August 15, 2011 City Council meeting. ORDINANCE #2011-024 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING A NEW CHAPTER 10.88 TO THE ARLINGTON MUNICIPAL CODE CREATING A GOLF CART ZONE WITHIN THE CITY LIMITS OF THE CITY OF ARLINGTON AND AUTHORIZING THE USE OF GOLF CARTS (OR SIMILAR VEHICLES) ON CERTAIN PUBLIC PROPERTY WITHIN THE CITY OF ARLINGTON" A true and correct copy of the original ordinance is attached. Dated this 18th day of August 2011. Kristin I pnfield City Clerk for the City of Arlington