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HomeMy WebLinkAbout24-2141ORDINANCE NO. 24-2 141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CITY OF DENTON CODE OF ORDINANCES CHAPTER 18 “MOTOR VEHICLES AND TRAFFIC” BY CREATING ARTICLE X “SPECIAL REGULATIONS AT RAYZOR RANCH,” ESTABLISHING A TWENTY FOUR-MONTH PILOT PROJECT TO PERMIT OPERATION OF GOLF CARTS WITHIN THE SOUTHERN SECTION OF RAYZOR RANCH DEVELOPMENT (SOUTH OF US 380) UTILIZING CERTAIN ROADS; ESTABLISHING THE RULES AND REGULATIONS FOR THE PILOT PROJECT, INCLUDING ESTABLISHING CRITERIA FOR OPERATIONAL REQUIREMENTS, PERMITTED ROADS; PROVIDING FOR PENALTIES; PROVIDING A SEVERABiLITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (ID 24-2141 ) WHEREAS, Embassy Suites Hotel by Hilton Denton seeks to provide an on demand and zero-emission shuttle service to City of Denton visitors, hotel guests, and Convention Center attendees who wish to utilize the amenities, restaurants, and shopping centers in the southern section ofRayzor Ranch, south of US 380 utilizing certain roads (hereafter, the Permitted Roads); and WHEREAS, the City of Denton find that the request will protect the public health, safety, and welfare of the citizens of the City of Denton by providing a program to facilitate energy efficient golf cart usage on the Permitted Roads in a controlled manner for both the requestor and other potential operators within the Permitted Roads; and WHEREAS, the Texas Transportation Code Sec. 551-404 authorizes the governing body of a municipality to regulate and control the operation of golf carts on highways within the city’s corporate boundaries that have a posted speed limit of not more than 35 miles per hour; and WHEREAS, the City of Denton finds that adoption of a twenty-four-month pilot project should provide enough data to evaluate both the operation of golf carts in the requested area and the benefits for the City of Denton; and WHEREAS, the pilot project will begin on February 1, 2025, and will expire on January 31, 2027, and upon expiration, City staff will bring an evaluation of the pilot program back to Council for a determination on whether to cease the program or make the Code of Ordinance updates permanent; and WHEREAS, the pilot program will consist of revocable permits to be issued to operators desiring to operate golf carts on the Permitted Roads, and such permits may be revoked before their renewal date; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. 1 of 3 SECTION 2. Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of the City of Denton, Texas is hereby amended by adding Article X, “Special Regulations at Rayzor Ranch,” which shall read as shown on the attached Exhibit A. SECTION 3. Any person desiring to operate a golf cart on the Permitted Roads shall apply for the permit, pass the City inspection, and pay the permit application fee prior to operating. The permit fee may be updated as a part of Development Service’s annual fee schedule update. The permit shall expire after 12 months and may be renewed by re-applying for the permit. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be found guilty of a misdemeanor and fined a sum of not more than two hundred dollars ($200.00) for each violation. SECTION 6. The City Secretary is hereby directed to record and publish the above regulations in the City’s Code of Ordinances. SECTION 7. Pursuant to Section 2.09(c) of the Charter for the City of Denton, this ordinance shall become effective on February 1, 2025. The motion to approve this ordinance was made by Joe Holland and seconded by Brandon Chase McGee, the ordinance was passed and approved by the following vote [ 7 - 0 ] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X X X Vicki Byrd, District 1 : Brian Beck, District 2: Paul IVleltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5: Jill Jester, At Large Place 6: PASSED AND APPROVED this the 17th day of December, 2024. 2 of 3 GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY \\\\\IIII IIII APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEYH+-BY: U 3 of 3 Exhibit A Article X Special Regulations at Rayzor Ranch Sec. 18-243. Purpose: This Article is intended to create a two-year pilot program to establish application and permitting processes for the operation of golf carts on Permitted Roads within Rayzor Ranch. The pilot program will commence on February 1, 2025, and will expire on January 31, 2027. Sec. 18-244 Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them Operator: The person driving and having physical control over the golf cart. Golf Cart: Electric powered carts, commonly referred to as golf carts, which must have a minimum of four (4) wheels and have an attainable top speed not greater than twenty-five-miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles. Owner: The person or company holding title to the Golf Cart. Temporary Permit: A certificate / decal of authorization issued to the applicant authorizing the operation of the Golf Cart for one-year period after the permit was issued. The decal will display the month and year of expiration. Permitted Roads: Those roads described in Section 18-246 and depicted as Exhibit B. Not-Permitted Roads: Any road not specifically listed as a Permitted Road. a b C d e f g. Slow-Moving-Vehicle-Emblem: A triangular emblem that conforms to standards and specifications adopted under the Texas Transportation Code Sec. 547-104 and displayed in accordance with the Texas Transportation Code Sec 547-703. Sec. 18-245 Operational Regulations. a) it shall be unlawful for a Golf Cart Operator to operate a Golf Cart which violates any regulations applicable to motor vehicles within Chapter 18, Articles I, II, III, IV, VIII, and IX and the Texas Transportation Code. b) it shall be unlawful to operate a Golf Cart if the Operator is under 18 years of age. c) it shall be unlawful to operate a Golf Cart without a valid Texas driver’s license. d) it shall be unlawful for a Golf Cart Operator to pass or overtake the lane occupied by another vehicle e) it shall be unlawful to operate a Golf Cart between lanes of traffic or between adjacent lines or rows of vehicles. f) it shall be unlawful to operate a Golf Cart with occupants in excess of the number of persons for whom factory seating is installed and provided on the Golf Cart. g) it shall be unlawful to operate the Golf Cart if the Operator and all occupants are not seated upon the seat of the Golf Cart, or if any part of the body of the Operator or occupant extends outside the perimeter of the Golf Cart while the Golf Cart is being operated. h) Children must be properly seated while a Golf Cart is in motion and may not be transported in a reckless or negligent manner. It shall be unlawful to transport a 1 of 4 person younger than six (6) years of age by Golf Cart unless restrained by a safety belt restraint. It shall be unlawful to use a Golf Cart to tow another cart, trailer or vehicle of any kind including a person on roller skates, skateboard or bicycle. It shall be unlawful to operate a Golf Cart earlier than 7 am or later than 10 pm. 1) i) Sec. 18-246 Roadway Restriction. a) Golf Carts shall only operate on the following Permitted Roadways. It shall be unlawful to operate a Golf Cart outside of the Permitted Roadways. See the table below for precise location of the permitted roads. See also the depiction on Exhibit B ROADWAY FROM T c) iI]:I?I?I Panhandle St east-west 1 30 Town Center PVTI (Panhandle Dr. north-south) Town Center PVT2 Town Center PVT2 Town Center PVTI (Panhandle Dr. north-south)Heritage Trl 30 30 30 1 30 ' '- 1 30 Town Center PVT3 (O’Reilly Ave)Town Center PVT2 Panhandle St Town Center PVT7 Town Center PVTI (Panhandle Dr. north-south) Town Center PVT 1 (Panhandle Dr. north-south) Town Center PVTI (Panhandle Dr. north-south) Town Center PVT3 (O’Reilly Ave) Town Center PVT3 (O’Reilly Ave) Town Center PVT3 (O’Reilly Ave) Town Center PVT8 (Alamo Way) Town Center PVT9 (Town Center Trl) Sec. 18-247 Temporary Permit Requirement. All Golf Carts to be operated within the Permitted Roadways shall obtain a Temporary Permit from the City of Denton. The Temporary Permit is valid for one (1) year and shall list the Golf Cart Owner and all approved Operators. The application shall be submitted to the Development Services Department on a form established by the Development Services Department. a.The application shall include, but is not limited to, the following: Name, address, telephone number and state driver's license number, of the Golf Cart Owner. Name, address, telephone number and state driver’s license number, of each Operator authorized to use the Golf Cart. The address and the business name used for the premises where the Golf Cart is kept. Year, make, model, color, vehicle identification number (VIN) or serial number if no VIN has been issued to the Golf Cart. Evidence of Insurance pursuant to 18-248. It shall be unlawful to operate a Golf Cart without this coverage. 1 11 V 111. IV. 2 of 4 Vl. Vll. Evidence of valid registration with the Denton County Tax Assessor’s office, consistent with Texas Transportation Code 551.402. Evidence of compliance with Texas Transportation Code 551.404 1, which requires each of the below be present and in continuously good working and operational order. It shall be unlawful to operate a Golf Cart without any of the following: Two head lamps Two tail lamps Turn signals visible from both the front and rear of the Golf Cart; Side reflectors – two in front, amber in color, and two in rear, red in color. Parking brake Rearview mirror(s) capable of a clear, unobstructed view of at least two hundred feet to the rear; and Slow moving vehicle emblem located on the rear of the Golf Cart. a. b. C. d. e. f. g. viii. The Development Services Director may request additional information as part of the application package if needed in order to establish compliance with local, state, or federal law. The Temporary Permit approval and renewal process shall include the following steps : i. City staff shall review the application for completeness, including payment of the Temporary Permit application fee, which is identified in the City’s adopted fee schedule. ii. Upon receipt of a completed application, City staff shall inspect each Golf Cart to ensure compliance with requirements of this Article. iii. If the application is approved and the inspection is successful, the City shall issue a Temporary Permit. c. The Temporary Permit shall be permanently affixed on the left side of the cart in such a manner that it is clearly visible from 50 feet. The permit must not be damaged, altered, obstructed, or otherwise made illegible d. The Temporary Permit shall only be placed upon the Golf Cart for which it was issued. Sec. 18-248 Insurance a. The owner shall furnish the city with a certificate of insurance complying with minimum standards sufficient to protect passengers, the general public, and city- owned property. b. The insurance must be issued in the standard form approved by the state department of insurance, and all provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city and its officers and employees as additional insurers, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of motorized equipment or shuttle service by the operator or owner. 3 of 4 C. d. e. Commercial general liability insurance must be provided with combined single limits of liability for bodily injury and property damage of not less than five-hundred thousand dollars ($500,000.00) for each occurrence. Automobile liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than three hundred thousand dollars ($300,000.00) for each occurrence. Aggregate limits of liability are prohibited. Insurance required under this section must include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than thirty (30) days before canceling or making a material change to the insurance policy. Sec. 18-249 Revocation a. The Director of Development Services may revoke a Temporary Permit if the Director determines there has been a violation of or failure to comply with, any provision in this Article. Examples of revokable events include, but are not limited to: i. Knowingly making a false statement on the Temporary Permit Application. ii. Receipt of a citation for violation of any of the Operational Regulations in 18- 245 iii. Operating a Golf Cart with an expired Temporary Permit. b. C. d. Notice of the revocation shall be given to the Owner in writing, served by certified United States mail to the Owner’s mailing address on record. The revocation shall become effective fourteen days from the date of mailing. The revocation is final unless the Owner files a written appeal pursuant to the procedures established in Denton Development Code Subsection 2.8.3: Appeal of Administrative Decision. Development Services Department can revoke a Temporary Permit after a one-time notice if the Golf Cart and/or Operator fails to comply with any requirement of this Article Sec 18-250 Liability. In no event, shall the City of Denton be liable for any damages or claims of any kind including but not limited to property damage and/or bodily injury sustained by individuals as a result of or in connection to the operation of a Golf Cart. All Operators are solely liable for their actions and inactions as it relates to golf cart operatIon. 4 of 4 4 Exhibit B Permitted Roads Map Rayzor Ranch Golf Cart Map Area of Interest qj=+„ '= -, .- - - – /(MW Massy Sui£es Rayzor Ranch Roads Not Permitted ::] Ray?or Ranch Boundary / iFPamitted Area oflntrcst Deqnlopnent Serriou - GIS Date, 12..9''101+ DENTON I ===lbraehna)<lnu=ngbnnugbnrvn#rb£ Uh=R\nXrnnarrnnjt-t\e;gjnfnk-n+-F;'ra£nuuhuiHduba•aa 1.,!L'I , ., ' ,- ', IJ Th ,': . , r /d ,' ,'?''.'.' +i 1 of 1