Ordinance No. 14,485ORDINANCE NO. 14,485
AN ORDINANCE OF THE CITY COUNCIL OF TI IE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE VII "MOTORIZED CARTS" TO
ESTABLISH REGULATIONS FOR THE USE OF MOTORIZED CARTS WITHIN
THE CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND
NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 94 "Traffic and Vehicles" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new article to be numbered and entitled Article VII
"Motorized Carts," which article shall read as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VII. MOTORIZED CARTS
Sec.94-301. Applicability.
(a) The provisions of this article shall apply to all motorized carts operated upon a public
street within the city except as provided in subsection (b).
(b) This article shall not apply to the following regarding the operation or use of motorized
carts:
(1) at golf courses, private clubs or on private property, with the consent of the
owner;
(2) within gated or limited access communities unless the streets of the community
are dedicated for public use and maintained by the city;
(3) in connection with a parade, a festival or other special event; provided the consent
of the sponsor is obtained and provided such vehicle is only used during such
event;
(4) by the city on official police business; or
(5) by city personnel for official business on city -owned property or city -leased
property.
Sec.94-302. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning.
Driver means the person driving and having physical control over the motorized
cart.
Driver's license means an authorization issued by a state for the operation of a
motor vehicle. The term includes:
(1) A temporary license or instruction permit; and
(2) An occupational license.
Motorized cart means those electric and gasoline powered carts, commonly
referred to as golf carts, but which must have a minimum of four wheels and which have
an attainable top speed not greater than 25 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. Specifically excluded from this definition are those motorized
conveyances commonly referred to as all -terrain vehicles, four -wheelers, mules, and
gators.
Owner means the person holding title to the motorized cart.
Parking area means those areas accessible to the public by motor vehicular traffic
and which are designated for temporary parking of motor vehicles, usually in places
referred to as parking lots.
Sidewalk means the portion of a street that is between a curb or lateral line of a
roadway and the adjacent property line and intended for pedestrian use.
Slow -moving vehicle emblem means a triangular emblem that conforms to
standards and specifications adopted pursuant to V.T.C.A., Transportation Code
§547.104 and displayed in accordance with V.T.C.A., Transportation Code §547.703.
Street means the public roadways in the city, by whatever name, that:
(1) If as a posted speed limit of 30 miles per hour or less; or
(2) Provides for no more than two lanes of vehicular traffic per direction; or
(3) Is not designated as part of either the state or federal highway system.
Trafficway is any land way open to the public as a matter of right or custom for
moving persons or property from one place to another. The trafficway includes all
property, both improved and unimproved, between the property lines of a roadway
system.
Sec. 94-303. Electric and gasoline motorized -cart -required equipment.
(a) Every motorized cart operated on a street must be equipped, as mandated by the
V.T.C.A., Transportation Code §551.4041 and as follows:
(1) two operational headlamps;
(2) two operational tail lamps;
(3) the following side reflectors:
a. two front: amber in color, and
b. two rear: red in color;
(4) an operational parking brake;
(5) rearview mirror(s) capable of a clear, unobstructed view of at least 200 feet to the
rear;
(6) a slow -moving vehicle emblem;
(7) a horn that is audible for a distance of 200 feet;
(8) brakes that will stop the vehicle in a reasonable distance; and
(9) a license plate issued under V.T.C.A., Transportation Code §551.402.
(b) All required equipment shall meet Texas and federal motor vehicle safety standards.
Sec. 94-304. Gasoline carts.
Every motorized cart powered by gasoline shall at all times be equipped with an exhaust
system in good working order and in constant operation and meeting the following
specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust
manifold to and including the muffler and exhaust pipes or including any and all
parts specified by the manufacturer.
(2) The exhaust system and its elements shall be securely fastened with brackets or
hangers, which are designed for the particular purpose of fastening motorized cart
exhaust systems.
(3) The engine and powered mechanism of every motorized cart shall be so equipped,
adjusted and tuned so that the exhaust is in good working order.
(4) It shall be unlawful for the owner of any motorized cart to operate or permit the
operation of such cart on which any device controlling or abating atmospheric
emissions which is placed on a cart by the manufacturer is rendered unserviceable
by removal, alteration or which interferes with its operation.
Sec. 94-305. Operational regulations.
(a) All drivers of motorized carts shall hold a valid driver's license and shall abide by all
traffic regulations applicable to vehicular traffic when using the authorized streets and
parking areas of the city.
(b) Motorized carts shall not be operated on any sidewalk, pedestrian walkway, jogging path,
park trail or any location normally used for pedestrian traffic except for official police
business or by city personnel conducting a required job function directly related to their
assigned duties.
(c) No person may operate a motorized cart upon any portion of a street or trafficway within
the city having a posted speed greater than 30 m.p.h.
(d) All motorized carts are entitled to full use of a lane on the authorized streets and parking
areas of the city, and no motor vehicle shall be driven in such a manner as to deprive any
motorized cart of the full use of a lane.
(e) The driver of a motorized cart shall not overtake and pass in the same lane occupied by
the vehicle being overtaken.
(f) No driver shall operate a motorized cart between lanes of traffic or between adjacent lines
or rows of vehicles.
(g) The driver of a motorized cart with a current and valid Texas driver's license operating
the cart on a street (as defined herein) may cross a public highway that has a posted speed
of more than 30 miles an hour only at an intersection controlled by an official traffic
control device which stops traffic from all directions.
(h) The number of occupants in a motorized cart shall be limited to the number of persons for
whom factory seating is installed and provided on the motorized cart. The operator and
all occupants shall be seated upon the seat of the motorized cart, and no part of the body
of the operator or occupant shall extend outside the perimeter of the motorized cart while
the motorized cart is being operated. The operator shall not permit any occupant of the
cart to ride in the lap of any occupant while the cart is in motion.
(i) Children must be properly seated while a cart is in motion and may not be transported in
a reckless or negligent manner. No person younger than ten years of age may be
transported in a motorized cart unless restrained by a safety belt restraint.
(j) Motorized carts may only be parked in the same manner and at the same places
designated for the parking of motor vehicles. The stopping, standing or parking of
motorized carts in areas where parking is not allowed or in any place that impedes the
flow of traffic, pedestrian walkways or a passageway is prohibited. Motorized carts shall
not park within any space designated for disabled persons unless a current disabled
parking placard is displayed and the person to whom the placard was issued is operating
or being transported by the cart.
(k) Motorized carts may not be used for the purpose of towing another cart, trailer or vehicle
of any kind, including a person on roller skates, skateboard or bicycle.
(1) Motorized carts shall not be operated during inclement weather or when visibility is
impaired by weather, smoke, fog, or other condition, or at any time when there is
insufficient light to clearly see persons or vehicles on the roadway at a distance of 500
feet.
Sec.94-306. Liability.
(a) Nothing in this section shall be construed as an assumption of liability by the city for any
injuries to persons, pets or property which may result from the operation of a motorized
cart by an authorized driver.
(b) Owners are fully liable and accountable for the actions of any individual that they provide
permission to operate and drive said motorized cart, both on personal and/or city and
public properties. This described liability responsibility especially applies to personal
injuries or property damage resulting from motorized cart drivers who are minors under
the age of 19, with or without a current and valid Texas driver's license.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the set of circumstances
shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances; and to this end, all provisions of this ordinance are declared to be severable.
Section 4: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than ONE
AND N01100 DOLLAR ($1.00) NOR MORE THAN TWO HUNDRED AND NOI100
DOLLARS ($200.00). Each act of violation and each day upon which any such violation shall
occur shall constitute a separate offense.
Section 5: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council of the City of Baytown. The City Clerk is hereby directed to give notice
hereof by causing the caption of this ordinance to be published in the official newspaper of the
City of Baytown at least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 10th day of September, 2020.
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DON CAPETILLO, Ilayor
ATTEST:
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4ETICIASCH, ty Clerk
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APPROVED AS TO FORM: I ..8F:�(�
KAREN L. HORNER, Interim City Attorney
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