Legislation # 08-0494 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/19/2008
Title An ordinance to amend Chapter 21, Article IX, Section 21-218 of the Code of the City of Hampton entitled “Designation of public highways of the city for golf cart operation; posting of signs” to clarify that the decision of the City Manager to deny a request for designation of a street for golf cart use is final and not appealable.
 
Legislation History 08-0494
DateNotice Of ActionDescription
12/18/2008 Enactment Number 08-0023
12/17/2008 Adopted
11/19/2008 Adopted on First Reading - the City Attorney made some clarifying comments that this is not a new ordinance but rather a clarification of language in an existing ordinance.
11/10/2008 Received By Clerk's Office
 
View Attachments 08-0494
FileTypeSizeDescription
Chapter 21 218 Redline.DOC Other 39K Chp 21-218 Redline Version
 
Legislation Text 08-0494

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 08-0494

 

Enactment Number: 08-0023

 

An ordinance to amend Chapter 21, Article IX, Section 21-218 of the Code of the City of Hampton entitled Designation of public highways of the city for golf cart operation; posting of signs to clarify that the decision of the City Manager to deny a request for designation of a street for golf cart use is final and not appealable.

 

 

ARTICLE IX.  OPERATION OF GOLF CARTS


Sec. 21-216.  Definitions.

 

The following words and phrases when used in this article shall, for the purposes of this article, have the meanings respectfully ascribed to them:

 

Golf cart  means an electric, self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course. 

 

Public highway  means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the city, including the streets and alleys, and, for law-enforcement purposes, the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways," as that term is defined in 46.2-100 of the State Code, by ordinance. 


Sec. 21-217.  Operation of golf carts on public highways not otherwise designated for such operation.

 

It shall be unlawful for any person to operate a golf cart on or over any public highway in the city, except as provided in this article.


Sec. 21-218.  Designation of public highways of the city for golf cart operation; posting of signs.

 

(a)   All requests for designation of specific public highways for operation of golf cart shall be directed to the director of public works. The director of public works shall perform an engineering study and make a report thereon to the city manager. The city manager shall after review of the report either recommend or deny the request. The decision of the city manager to deny such request shall be final.

 

(b)   Pursuant to 46.2-916.2 of the Code of Virginia, and upon the city managers recommendation city council may authorize by ordinance, the operation of golf carts on designated public highways within the city after (i) considering the speed, volume, and character of motor vehicle traffic using such highways, and (ii) determining that golf cart operation on particular highways is compatible with state and local transportation plans and consistent with the Commonwealth's statewide pedestrian policy. No public highway of the city shall be designated for use by golf carts if such golf cart operations will impede the safe and efficient flow of motor vehicle traffic, or if the highway's posted speed limit is greater than twenty-five (25) miles per hour.

 

(c)   Any public highway of the city designated for golf cart operations shall be posted with signs indicating this designation.

 

Sec. 21-219.  Limitations.

 

Golf cart operations on designated public highways of the city shall be in accordance with the following limitations:

 

(1)   No person shall operate a golf cart on a public highway of the city unless that highway is designated for golf cart operations and is posted with the required sign.

 

(2)   No golf cart shall be driven across any highway at an inter section where the highway being crossed has a posted speed limit of more than twenty-five (25) miles per hour.

 

(3)   No person shall operate any golf cart on any designated public highway of the city unless he has in his possession a valid driver's license.

 

(4)   No golf cart shall be operated on any designated public highway of the city without displaying a slow-moving vehicle emblem in conformity with Virginia Code 46.2-1081.

 

(5)   No person shall operate any golf cart on any designated public highway of the city between sunset and sunrise, unless equipped with lights as required in Article 3 ( 46.2-1010 et seq.) of Chapter 10 of the State Code.

 

(6)   Golf carts operating on designated public highways of the city pursuant to this article shall be insured by a policy of liability insurance with coverage of not less than three hundred thousand dollars ($300,000.00) per accident. In lieu of coverage provided by an insurance policy, the owner of such golf cart may self-insure the liability coverage if the Commissioner of the Virginia Department of Motor Vehicles has issued a certificate of self-insurance pursuant to 46.2-368 of the State Code.


Sec. 21-220.  Exceptions.

 

The limitations set forth in section 21-219 (1) and (2) above shall not apply to golf carts being operated as follows:

 

(1)   To cross a highway from one (1) portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than one-half ( 1/2) mile in either direction, and (ii) the speed limit on the road is no more than thirty-five (35) miles per hour;

 

(2)   To the extent necessary for city employees and city contractors to fulfill a governmental purpose, or as otherwise authorized by the city manager or his designee, provided the golf cart is not operated on a public highway of the city with a posted speed limit over thirty-five (35) miles per hour;

 

(3)   As necessary by employees of public or private two-year or four-year institutions of higher education if operating on highways within the property limits of such institutions, provided the golf cart is being operated on highways with speed limits of thirty-five (35) miles per hour or less.


Sec. 21-221.  Public highways designated for golf cart use.

 

Notwithstanding any other provision of the City Code to the contrary, the following public highways or portions of public highways in the city are designated for use by golf carts in accordance with the provisions of this article and state law:

 

(1)   Adriatic Drive.

 

(2)   Grandview Drive.

 

(3)   State Park Drive from the entrance to Grandview Nature Preserve crossing Beach Road to the end of the improved road south of Beach Road (approximately nine hundred ninety (990) feet as of the date of the adoption of this section.)

 

Golf carts shall travel in the proper travel lane with the direction of the traffic flow, and shall obey all traffic signs and signals on such public highways.

 

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on December 17, 2008.

 

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council