City Council
MEETING DATE: 5/11/2016
TITLE:
Title
Golf Carts and Neighborhood Electric Vehicles (NEV's) on City Streets
End
FROM:
Pat Milos, Community Development Director
RECOMMENDATION:
Recommendation
Staff recommends the City Council receive the presentation and provide direction to staff regarding the preparation of a Golf Cart Transportation Plan.
Body
BACKGROUND:
Per Ordinance 620, Municipal Code Chapter 11.52.030 "No person shall operate any off-highway motor vehicle on private or public lands within the jurisdictional boundaries of the city." This prohibition precludes the use of golf carts and NEV's on any street in Cathedral City. Valley Cities including Palm Springs, Rancho Mirage, Palm Desert, La Quinta and Indio have implemented Golf Cart Transportation Plans. These plans are intended to help develop a convenient transportation system that is safe and environmentally sensitive, generating zero auto emissions.
DISCUSSION:
The following discussion, prepared by Nick Hermsen, presents information regarding golf carts, NEV's and the procedures that must be followed to allow them to operate on City Streets.
What is a Golf Cart?
There are actually two different classifications of vehicles that a layperson might term a “golf cart”:
A “golf cart” is defined by the Vehicle Code as “a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons. (Vehicle Code section 345). This type of golf cart is exempt from registration. (Vehicle Code 4019).
A “low speed vehicle,” also known as a “neighborhood electric vehicle,” is a motor vehicle that: (a) has four wheels; (b) can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface; and (c) has a gross vehicle weight rating of less than 3,000 pounds. (Vehicle Code section 385.5). For purposes of this memo, this type of vehicle will be referred to as an “NEV.”
Complicating matters further, an NEV is considered a golf cart in certain circumstances-when operating pursuant to Vehicle Code sections 21115 and 21115.1. (Vehicle Code section 385.5(b)). Those provisions are discussed below.
Golf Carts on Local Highways
A local authority may designate a highway or portion of a highway for combined use of motor vehicle and golf carts (which for these purposes includes both golf carts and NEVs) and may prescribe rules with the force of law upon a finding of the following conditions:
(a) the highway is located adjacent to, or provides access to, a golf course and between the golf course and the place where golf carts are parked or stored or is within or bounded by a real estate development offering golf facilities (defined as an area of single-family or multiple-family residences, the owners or occupants of which are eligible for membership in or use of the golf course(s) by virtue of their ownership or occupancy in the development); and
(b) is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the highway. (Vehicle Code section 21115).
No highway shall be so designated for a distance of more than one mile from the golf course if the highway is not located within a development or beyond the area of a development, provided, the finding of the local authority in this respect shall be conclusive. (Id.).
Upon the designation becoming effective it shall be lawful to drive golf carts upon the highway in accordance with the prescribed rules and regulations. (Id.).
The rules and regulations may establish crossing zones and speed limits and other operating standards but shall not require that the golf carts conform to any requirements of this code with respect to registration, licensing, or equipment, except that if operated during darkness the golf cart shall be subject to the provisions of Vehicle Code section 24001.5 regarding equipment. (Id.)
The rules and regulations shall not become effective until appropriate signs giving notice thereof are posted along the highway affected. (Id.).
Golf Cart Crossing Zones
A local authority may, by ordinance or resolution, establish crossing zones for use by golf carts (which for these purposes include both golf carts and NEVs) at any time other than darkness on any street, other than a state highway, with a posted speed limit of 45 miles per hour or less that is immediately adjacent to a golf course. The crossing zone shall be at an angle of approximately 90 degrees to the direction of the roadway. The ordinance or resolution must be submitted to the law enforcement agency with primary jurisdiction over the street. The ordinance or resolution only becomes effective upon a finding and determination by that agency that the conditions pertaining to that street, with the addition of proper signs, markers, or lighting, or any combination of those, will permit the establishment of a golf cart crossing with reasonable safety, and the signs, markers, or lighting specified by the law enforcement agency are in place. (Vehicle Code section 21115.1(a)).
Golf Cart Transportation Plans
Cities and counties are authorized to establish a “golf cart transportation plan”. It is to be designed and developed to best serve the functional travel needs of the plan area, to have the physical safety of the golf cart driver’s person and proper as a major planning component, and to have the capacity to accommodate golf cart drivers of every legal age and range of skills. (Streets and Highways Code section 1950). The plan area may include all territory designated by the city or county, including privately owned land if the owner consents to its inclusion. (Streets and Highways Code section 1951(a)).
The definition of “golf cart” for purposes of a golf cart transportation plan is slightly different than that for the purposes above, and does not include NEVs. The golf cart must have at least three wheels in contact with the ground and weigh less than 1,300 pounds-but it must be designed to go no more than 25 miles an hour as opposed to 15 miles per hour. (Streets and Highways Code section 1951(b)).
The plan may be adopted by ordinance or resolution. (Streets and Highways Code section 1953(a)). Prior to going into effect, the plan must be reviewed and commented on by the appropriate transportation planning agency designated under Government Code section 29532(a) or (b) and any agency having traffic law enforcement responsibilities in that city or county. (Streets and Highways Code section 1953(b)).
The plan may not include the use of a state highway, except for a crossing or a golf cart lane on the state highway if authorized by the State Department of Transportation and the law enforcement agency with primary traffic enforcement responsibility of that highway or portion thereof. (Streets and Highways Code section 1953(c)).
The transportation plan shall include, but is not limited to, the following elements:
Route selection, which includes a finding that the route will accommodate golf carts without an adverse impact on traffic safety, and will consider, among other things, the travel needs of commuters and other users;
Transportation interfacing, which shall include, but not be limited to, coordination with other modes of transportation so that a golf cart driver may employ multiple modes of transportation in reaching a destination in the plan area;
Citizens and community involvement in planning;
Flexibility and coordination with long-range transportation planning;
Provision for golf cart related facilities including, but not limited to, special access points and golf cart crossings;
Provisions for parking facilities, including, but not limited to, community commercial centers, golf courses, public areas, parks, and other destination locations; and
Provisions for special paving, road markings, signage and striping for golf cart travel lanes, road crossings, parking, and circulation. (Streets and Highways Code section 1955).
If a golf cart transportation plan is adopted, the City or County shall:
Establish minimum general design criteria for the development, planning, and construction of separated golf cart lanes, including, but not limited to, the design speed of the facility, the space requirements of the golf cart, and roadway design criteria; and
In cooperation with the State Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control golf cart traffic; to warn of dangerous conditions, obstacles, or hazards; to designate the right-of-way as between golf carts, other vehicles, and bicycles; to state the nature and destination of the golf cart lane; and to warn pedestrians, bicyclists, and motorists of the presence of golf cart traffic. (Streets and Highways Code section 1957(a)).
If a golf cart transportation plan is adopted, the City or County may acquire by dedication, purchase, or condemnation, real property, including easements or rights-of-way, to establish golf cart lanes. (Streets and Highways Code section 1959).
All of the following must be adopted as part of the plan:
Minimum design criteria for golf carts that may include, but not limited to, headlights, turn signals, safety devices, mirrors, brake lights, windshields, and other devices. The criteria may include requirements for seatbelts and a covered passenger compartment.
A permit process for golf carts requiring them to meet the minimum required design criteria. The permit process may include, but not be limited to, permit posting, permit renewal, operator education, and other related matters.
Minimum safety criteria for golf cart operators, including, but not limited to, requirements relating to golf cart maintenance and golf cart safety. Operators must possess a valid California driver’s license and to comply with the financial responsibility requirements required under the Vehicle Code.
Restrictions limiting the operation of golf carts to separated golf cart lanes on those roadways identified in the transportation plan, and allowing only those golf carts retrofitted with required safety equipment to be operated on separated golf cart lanes of approved roadways. Failure to do so is an infraction subject to a fine of up to $100. (Streets and Highways Code section 1961).
Rules applicable to Neighborhood Electric Vehicles (NEVs)
NEVs are subject to all provisions applicable to a motor vehicle, and the driver is subject to all provisions applicable to the driver of a motor vehicle, except those provisions which have no application by their nature. (Vehicle Code section 21251).
A NEV that has been modified or altered to exceed 25 miles per hour must meet all Federal Motor Vehicle Safety Standards for a passenger vehicle. (Vehicle Code section 21254).
NEVs may not operate on any roadway with a speed limit over 35 miles per hour. (Vehicle Code section 21260(a)). An NEV may cross a roadway with a higher speed limit if the crossing begins and ends on a roadway with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees. (Vehicle Code section 21260(b)(1)). However, an NEV is not permitted to traverse an uncontrolled intersection with any state highway unless the intersection has been approved and authorized by the agency having primary traffic enforcement responsibilities for that crossing by an NEV. (Vehicle Code section 21260(b)(2)).
Local authorities may, by ordinance or resolution, restrict or prohibit the use of NEVs. (Vehicle Code section 21266(a)). A local law enforcement agency with primary traffic enforcement responsibilities or the CHP may prohibit the operation of an NEV on any roadway under that agency’s jurisdiction if it deems such prohibition to be in the best interest of public safety. The prohibition is effective when appropriate signs are erected on the roadway. (Vehicle Code section 21266(b)).
FISCAL IMPACT:
The current biennial budget does not contain any funding for the preparation of a Golf Cart Transportation Plan. If Council provides direction to staff to pursue the completion of such a plan, funding, estimated to be approximately $30,000 will need to be identified and authorized.
ATTACHMENTS:
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