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HomeMy WebLinkAbout2018-16 Amending Chapter 8 of Title 7 of the Vail Town Code, Regarding Low-Speed Electric Vehicles and Golf CarsORDINANCE NO. 16 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS 7-8-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: GOLF CAR: A self-propelled vehicle with: a design speed of less than twenty (20) miles per hour; at least three (3) wheels in contact with the ground; an empty weight of not more than one thousand three hundred (1,300) pounds; and a carrying capacity of not more than four (4) persons. LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated by a licensed driver; is self-propelled utilizing electricity as its primary propulsion method; has at least three (3) wheels in contact with the ground; does not use handlebars to steer; exhibits the manufacturer's compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle identification number pursuant to 49 C.F.R. 565; and complies with 49 C.F.R. 571.500. 7-8-2: GOLF CARS: The Vail Golf Course and its employees may use and operate golf cars at the Vail Golf Course for loading and delivery operation and golf operations and maintenance. Persons playing golf at Vail Golf Course are permitted to use golf cars on the Vail Golf Course, but individual use of golf cars outside of Vail Golf Course operations is prohibited. Golf cars shall at all times yield to pedestrians, bicycles and motor vehicles. 11/1/2018 SATOWN COUNCIL AGENDA ITEMS1110618ILSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX 7-8-3LOW SPEED ELECTRIC VEHICLES: A. An LSEV shall only be used on Town streets with speed limits not exceeding thirty-five (35) miles per hour. B. An LSEV may only be operated on Town streets if: 1. The operator holds a valid driver's license; 2. The LSEV is properly equipped and registered as provided by law; 3. The owner of the LSEV holds a complying insurance policy or certificate of self-insurance; 4. The LSEV is not carrying a greater number of passengers or load than that specified by the manufacturer; 5. The driver and all passengers are seated in seats designed and intended for such purpose, secured by at least a two -point safety harness, except for a person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety harness; and 6. The driver and all passengers comply with the Model Traffic Code, this Code and other applicable law. C. A commercial operator of an LSEV, as defined in Section 7- 10-2 of this Code, shall comply with Title 7, Chapter 10, Section 7 of this Code. 7-84DESIGNATED AREAS: A. Golf cars: Other than their permitted uses at the Vail Golf Course, employees of Vail Golf Course may operate golf cars for Vail Golf Course operations on the following Town streets- 1 . Sunburst Drive from the Vail Golf Course Clubhouse to Vail Valley Drive; 2. Vail Valley Drive from Sunburst Drive to the crossover from hole six (6) to hole seven (7); and 3. Golf cars may also cross Vail Valley Drive between holes one (1) and two (2) and holes eight (8) and nine (9). 2 11/1/2018 SATOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX B. LSEVs: An LSEV may be operated upon any public street in the Town where the posted speed limit is thirty-five (35) miles per hour or less, excluding any frontage road and Bighorn Road. C. Other areas: The Town recognizes that golf cars and LSEVs can be useful tools to assist the elderly and disabled in certain situations, and grants the Town the power to approve limited, controlled use of golf cars and LSEVs when specially requested in other areas of the Town, including without limitation Ford Park and the Gerald Ford Amphitheater. The Town may revoke such approvals at any time and for any reason. 7-8-SROHIBITIONS: A. The following acts are prohibited in the operation of golf cars: 1. Transporting passengers who are not employees or patrons of the Vail Golf Course. 2. Transporting goods which are not related to the Vail Golf Course. 2. Picking up or dropping off passengers or goods outside of designated loading and unloading areas. 3. Operating a golf car on any recreation path or sidewalk not specifically permitted by this Chapter. 4. Operating a golf car on any portion of roadway not specifically permitted by this Chapter B. The following acts are prohibited in the operation of LSEVs: 1. Operating a LSEV on any recreation path or sidewalk not specifically permitted by this Chapter. 2. Operating a LSEV on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a state highway in the Town, except that a LSEV may be operated to directly cross a state highway that has a speed limit greater than thirty-five (35) miles per hour at an at -grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. 4. Operating a LSEV in the Lionshead Village Pedestrian Zone or the Vail Village Pedestrian Zone, unless expressly authorized by the Town as provided in this Chapter. 3 111112018 S.ITOWN COUNCIL AGENDA ITEMSii i08f 8ILSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX 5. Picking up or dropping off passengers or goods outside of designated loading and unloading areas. 7-8-610LATION; PENALTY: A. It is unlawful to violate any provision of this Chapter. B. Violations of this Chapter shall be punished as provided in Section 7-1-6. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4'h day of September, 2018 and a public hearing for se and reading of this Ordinance is set for the 6th day of November, 2018 t� cf��hambers of the Vail Municipal Building, Vail, Colorado. _tJ 4ave Chap , Mayor l 4 11/1/2018 SATOWN COUNCIL AGENDA ITEMS1110618V SEV MEMO AND ORMGOLF CARS AND LSEVS-0103118.DOCX READ AND APPROVED ON SECOND READING N RDD ER PUBLISHED This 6t" day of November, 2018. ave Ch in, Mayo AT T: nc� Pa cK nny, T r 11/1/2018 S: ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX