h1. 2017 Toledo City Council Golf Cart Ordinance

The "original Toledo City Council document":https://drive.google.com/file/d/0B8HJyQS8JLASYU4wOFFZd2s4VVE/view exists at council's Google Drive account. That file is a Word docx.


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h2. ORD. 483-16 / 100-17

bq. Establishing a Pilot Program permitting the use of golf carts and low speed vehicles on public streets within designated areas of the City of Toledo; and declaring an emergency.



h3. Summary and Background

Golf Carts and Low Speed Vehicles have become increasingly popular nationwide as alternative forms of transportation to passenger cars. The Ohio Department of Motor Vehicles passed legislation in 2013 allowing for golf carts/Low speed vehicles to operate on the streets within certain criteria. All golf/low speed vehicles must be in accordance with ORC Chapter 4511 and ORC Chapter 4513. The benefits of Golf Carts and Low Speed vehicles include that they: are relatively inexpensive to own and operate, have a much lower amount of pollution, are quiet, are easy to drive, and take up little room in traffic and parking areas. Members in the community in designated areas have expressed an interest at being able to legally use and register Golf Carts and Low Speed Vehicles within the City of Toledo. These vehicles after registration and certification by the law enforcement must follow all laws pertaining to motor vehicles while on and off the road.

There have been three designated areas within the City of Toledo that the Pilot Program will operate. One area is located within the Point Place community, Old West End and the last area is located within the Old West End Community and the other area is located within the Old West End Community. The Pilot Program is designed to run from April 1, 2017 through December 31, 2018. The data collected during the Pilot Program will be used to determine whether or not such a program could be expanded to additional neighborhoods throughout the city, and whether the program could be introduced permanently. NOW, THEREFORE,

Be it ordained by the Council of the City of Toledo:

*SECTION 1.* That a new Toledo Municipal Code Chapter 378 shall read as follows:

_*378. Golf Carts and Low Speed Vehicles*_


h3. 378.01 Definitions

As used in this chapter:

(a) "All-purpose vehicle" means any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one type of terrain, and steered by wheels or caterpillar treads, or any combination thereof, including vehicles that operate on a cushion of air, vehicles commonly known as all-terrain vehicles, all-season vehicles, mini-bikes, and trail bikes. "All-purpose vehicle" does not include a utility vehicle as defined in section 4501.01 of the Revised Code or any vehicle principally used in playing golf, any motor vehicle or aircraft required to be registered under Chapter 4503. or 4561. of the Revised Code, and any vehicle excepted from definition as a motor vehicle by division (B) of section 4501.01 of the Revised Code.

(b) "Low-speed vehicle" means a three- or four-wheeled motor vehicle, including a vehicle commonly known as a golf cart, with an attainable speed in one mile on a paved level surface of more than twenty miles per hour but not more than twenty-five miles per hour and with a gross vehicle weight rating less than three thousand pounds.

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(c) "Mini-truck" means a vehicle that has four wheels, is propelled by an electric motor with a rated power of seven thousand five hundred watts or less or an internal combustion engine with a piston displacement capacity of six hundred sixty cubic centimeters or less, has a total dry weight of nine hundred to two thousand two hundred pounds, contains an enclosed cabin and a seat for the vehicle operator, resembles a pickup truck or van with a cargo area or bed located at the rear of the vehicle, and was not originally manufactured to meet federal motor vehicle safety standards.
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(d) "Operate" means to cause or have caused movement of a vehicle.

(e) "Under-speed vehicle" means a three- or four-wheeled vehicle, including a vehicle commonly known as a golf cart, with an attainable speed on a paved level surface of not more than twenty miles per hour and with a gross vehicle weight rating less than three thousand pounds.

(f) "Utility vehicle" means a self-propelled vehicle designed with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities.

(g) "Vehicle" as used in this chapter shall include all-purpose vehicles, low speed vehicles, mini trucks, under speed vehicles commonly known as "golf carts" and utility vehicles.




h3. 378.02 Inspection of Vehicles

(a) No person shall operate a vehicle, as defined in this chapter, on the streets within the City of Toledo unless it has been inspected and approved by the Chief of Police or his designee or by another agent designated and approved by the State of Ohio, for compliance with the applicable safety/equipment requirements of the State of Ohio relative to such vehicles.

(b) If the Chief of Police, or his designee, or another agent designated and approved by the State of Ohio, determines that the vehicle complies with the State of Ohio statutory requirements that are applicable to such vehicle, the Chief of Police shall issue the owner or operator a certificate of compliance entitling the owner or operator to operate the vehicle in the City of Toledo within the proposed boundaries. The owner or operator shall also show the Chief of Police or designee proof of liability insurance for the vehicle before a certificate of compliance is issued. The owner or operator of any such vehicle shall be required to pay a fee in the amount of $25.00 to the City of Toledo through the City Police Department before the vehicle may be operated on the streets of the City of Toledo proposed boundaries. The Chief of Police will designate the issuing date on each certificate. The Chief of Police shall keep a copy of each certificate issued pursuant to this section. The owner or operator of any vehicle shall keep a copy of any certificate issued pursuant to this section inside the vehicle to which it pertains.

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(c) The owner of a vehicle shall also comply with all requirements of Ohio law regarding proper title, registration and license plates prior to operating the vehicle on any street within the City of Toledo proposed boundaries. Compliance with this section shall be in addition to, rather than in lieu of, any applicable provisions of State law relative to the operation of motor vehicles.
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h3. 378.03 Usage and Restrictions

(a) Except as provided in §378.04, no person shall operate these vehicles on a street or roadway within the City of Toledo

(b) No vehicle shall be permitted to travel on any city street where the speed limit is greater than 35 mph. These vehicles will be permitted to cross intersections with higher speeds, so long as they remain on a street that has a speed limit of 35mph or less. `

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(c) The operator of a vehicle must be at least 16 years of age and have a valid State of Ohio or non-resident state driver’s license.
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(d) Any child who is more than four (4) years of age and less than forty (40) pounds in weight but less than eight (8) years of age or less than four (4) feet, nine (9) inches in height must be properly secured in accordance with the manufacturer's instructions on a booster seat that meets federal motor vehicle safety standards.

(e) These vehicles must be operated in accordance with all State of Ohio traffic laws in addition to all applicable sections of the City of Toledo Municipal Ordinances.



h3. 378.04 Boundaries.


(a) Vehicles certified in compliance with this chapter may be operated on streets or roadways within the following boundaries:

h5. (1) Point place pilot program

Beginning at the intersection of Brophy Drive and the Centerline of the Ottawa River, thence north easterly along the Ottawa River to the intersection of the Michigan line, then easterly along the Michigan line to the westerly boundary of Lake Erie, thence southwesterly along the Westerly boundary of Lake Erie to the intersection with the center line of 101st Street, thence west northwesterly along the centerline of 101st Street to the intersection of 288th street, thence Westerly along the Centerline of 101st Street on the Westerly prolongation to the in tersection of Suder Avenue,thence Northwest early along suder Avenue to the intersection of Shoreland Avenue, thence Northeasterly on Suder Avenue to the intersection of Washington Township, thence easterly along the limits of Washington Township to the intersection of the Centerline of Angel Avenue, thence northeasterly on Angel Avenue to the intersect ion of Brophy Drive, thence Southeast early along Brophy drive to the intersection of the O ttawa River and being the place of beginning.


h5. (2) Old West End Pilot Program

Starting at the intersection of 23rd and Monroe northwesterly along Monroe to the intersection of Monroe and Glenwood thence Northerly on Glenwood to the intersection of Glenwood and Collins thence easterly on Collins to the intersection of Robinwood and Collins thence, Northerly on Robinwood to the intersection of Nesslewood, thence Northerly on Scottwood to Central, thence easterly on Central to Collingwood, thence southerly on Collingwood to Woodruff, thence easterly on Woodruff to 23rd Street, thence Southwest early on 23rd to the intersection of Monroe and being the point of beginning.


h5. (3) Downtown Pilot Program

Beginning at the intersection of South 22nd Street and Norwood Avenue, thence Westerly along Norwood Avenue to the intersection of Collingwood Boulevard, thence Northerly on Collingwood Boulevard to the intersection of Jefferson Avenue, thence Westerly along Jefferson Avenue to Parkwood Avenue, thence Northerly along Parkwood Avenue to the intersection of Woodruff Avenue, thence easterly along Woodruff Avenue to the intersection of Putnam Avenue, thence South along Putnam to the intersection of 21st Street, thence Southwest early along 21st Street to the intersection of Adams Street, thence Southwest early along Adams Street to the intersection of 14th Street, thence northeasterly along 14th Street to the intersection of Jackson Street, thence Northerly along North 14st Street to the intersection of East Woodruff Avenue, thence easterly along East Woodruff Avenue to the intersection of Cherry Street, thence Southeast early along Cherry Street to the intersection of the Westerly Harbor line of the Maumee River,thence Southwest early along the Westerly Harbor line of the Maumee River to the intersection of Underside  of  the Anthony Wayne Bridge, thence easterly along the underside of the Anthony Wayne Bridge to the intersection of Clayton Street, thence Northwest early along Clayton Street to the intersection of Summit Street, thence Southwest early along Summit to the intersection of William Street, thence Northwest early along Williams Street to the intersection of South Saint Clair Street, thence Southwest early along South Saint Clair Street to the intersection of Newton Street, thence Northwest Julia long Newton Street to the deflection point at Collingwood, thence West Northwest early along Collingwood to the intersection of South Erie Street, thence Northeast early along Erie Street to the intersection of Washington Street, thence Northwest early along Washington Street to the intersection of South 22nd Street, thence Northerly along South 22nd Street to the intersection of Norwood Avenue and being the place of beginning.


(b) The requirements and boundary limitations of this chapter shall not apply to the operation of golf carts within golf courses or across streets or roadways within golf courses.



h3. 378.05 Duration.

(1) The Pilot Program will begin on Saturday, April 1, 2017.

(2) The Pilot Program will end on Monday, December 31, 2018.




h3. 378.99 Penalty

(a) Whoever violates this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; and each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.



br. *SECTION 2.* That this Ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that it is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that it is necessary that Toledo Municipal Code changes be made to allow golf carts and low-speed vehicles on public streets within designated areas beginning Saturday, April 1, 2017.


Vote on emergency clause: yeas 12, nays 0.

Passed: March 7, 2017, as an emergency measure: yeas 9, nays 3.


Attest:

Gerald E. Dendinger
Clerk of Council

Steven C. Steel
President of Council


Approved:

March 9, 2017
Paula Hicks-Hudson, Mayor