[HISTORY: Adopted by the Village Board of the Village of
Brandon 5-14-2018 by Ord. No. 2018-01.[1] Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to provide a means of travel
that is not only convenient and safe, but conserves resources and
protects the environment. Golf carts, if properly used, are an effective
way to travel for short distances within the Village. However, to
ensure the public safety and welfare, the operation of golf carts
must not only comply with normal regulations regarding vehicles, but
should comply with special safety regulations intended to protect
the operator and passengers in a vehicle that is primarily designed
for operation on a golf course or recreational purposes. This chapter
establishes the basic, minimum standards of care to be used by the
operators of golf carts on public roads, streets and highways. Likewise,
the public safety requires that golf carts, used as a means of transportation,
must also meet certain minimum safety standards that can only be assured
through a system of registration and inspection. The registration
and inspection of golf carts is required in order to protect the public
health, safety and welfare.
A.
Allowed. The operation of golf carts on the public streets within
the Village in compliance with the provisions of this chapter shall
be permitted; however, it shall be unlawful to operate any golf cart
that is not properly registered with the Village or to operate any
golf cart at any place or in any manner not authorized herein.
B.
Exceptions. The operation of golf carts is not subject to the provisions
of this chapter under the following circumstances:
Any person wishing to drive a golf cart must have a valid driver's
license issued under or granted by the laws of Wisconsin or some other
state to operate them on a public street within the Village. For purposes
of this section, a learner's permit shall not be considered as
a valid driver's license nor shall any license that has been
revoked, temporary or otherwise, or suspended for any reason, be considered
as a valid driver's license during the period of suspension or
revocation.
A.
Required. No golf cart may be operated on any public street within
the Village unless the golf cart has first been registered with the
Brandon-Fairwater Police Department as required herein. The registration
shall be renewed thereafter in accordance with the provisions of this
section. To evidence the registration, the owner shall be issued an
annual permit which shall be displayed in a prominent place as designated
by the Police Department. The permit may contain a registration number
assigned for the particular golf cart and may contain an expiration
date.
B.
Registration fee. An initial registration fee shall be $50 with an
annual registration fee thereafter of $30. Said fee shall become part
of the Village of Brandon Fee Schedule and may be amended at such
time as deemed appropriate. Fee shall be paid to the Village Clerk
upon approval of the inspection of the vehicle as set forth by the
Brandon-Fairwater Police Department.
C.
Application. The application for registration shall be provided by
the Village Clerk and will require information such as the owner's
name, street address, mailing address, a phone number, the make, model
and identification or serial number of the golf cart, proof of insurance
and such other information as may be reasonably required as well as
a release or disclaimer of liability by the Village for accidents
involving the registered golf cart.
D.
Procedures. The completed application will be provided to the Chief
of Police who will provide an inspection of the cart. Upon the approval
of the inspection, the vehicle registration will be completed by the
applicant paying the applicable fee to the Village Clerk.
E.
Inspection. Prior to issuing the initial registration permit or any
renewal thereof, the golf cart shall be inspected by Brandon-Fairwater
Police Department to determine that:
(1)
The golf cart is equipped with working signal lights, at least two
red rear reflectors at least three inches in height and width on front
and rear bumpers, and reliable steering apparatus;
(2)
The golf cart is equipped with a reflective "slow moving" sign on
the rear of the cart;
(3)
The brakes provided by the manufacturer of the golf cart are in proper
working order, along with safe and proper tires;
(4)
The golf cart has all of the standard safety features provided by
the manufacturer and has not been modified to exceed a speed of 20
miles per hour nor otherwise modified in any way that creates a hazard;
and
(5)
The golf cart is equipped with all mechanical systems and safety
equipment required by this chapter; and
(6)
Golf cart lights must have at least one operating headlight.
F.
Denial and revocation.
(1)
The initial registration of a golf cart may be denied or subsequently
revoked by the Brandon-Fairwater Police Department if it is determined
that:
(a)
The application contains any material misrepresentation;
(b)
Financial responsibility requirements of the State of Wisconsin
(liability insurance) have not been met;
(c)
The golf cart is not in compliance with the requirements set
out above;
(d)
The golf cart has been altered or customized and no longer meets
the definition of a golf cart;
(e)
Equipment supplied by the manufacturer, especially safety equipment,
has been removed from the golf cart or the vehicle identification
or serial number removed; or
(f)
Other good cause shown including repeated violations of this
chapter may cause the permit to be revoked or not renewed.
(2)
Any individual has the right to appeal a denial or revocation.
G.
Financial responsibility. The owner of a golf cart required to be
registered with the Village for use on the public streets of the Village
shall maintain in full force and effect and continuously throughout
any period of registration.
H.
Disqualified vehicles. ATVs, four-wheel utility vehicles and other
similar utility vehicles which are not manufactured for operation
on a golf course and golf carts which have been modified so that it
no longer meets the definition of a golf cart may not be registered
as a golf cart nor shall such vehicles be operated on the public roads
within the Village unless such vehicles are otherwise registered with
and allowed under the motor vehicle laws of the State of Wisconsin
and the Village of Brandon.
Golf carts shall not be operated on the public streets of the
Village, except in full compliance with the provisions of this section.
A.
Hours of operation.
(1)
Golf carts may be driven on the streets in the Village of Brandon
from one-half hour after sunrise and up to one-half hour prior to
sunset.
(2)
Golf carts may not be operated when fog, smog, smoke or other conditions
that reduce visibility so that the golf cart is not visible for a
distance of 250 feet.
B.
Dates of operation: Golf cart use may be limited to use by snow or
other precipitation.
C.
Streets. Golf carts may not be operated on any of the following streets
or sections of any street except for the sole purpose of crossing
such street either at a signalized intersection or at a perpendicular
crossing at a through intersection:
D.
Motor vehicle laws. All laws regarding the use of motor vehicles
in the State of Wisconsin and all ordinances regarding the use of
motor vehicles in the Village, not inconsistent therewith, shall be
observed, except that no golf cart may be operated at a speed in excess
of 20 miles per hour. Carts must travel single file on the roadways.
E.
Right-of-way. The operator of a golf cart shall yield the right-of-way
to overtaking motor vehicles.
F.
Village property and sidewalks. Golf carts shall not be operated
on any sidewalk, pedestrian walkway, jogging path, greenway, park
except on roadway surface, trail except for official police business
or by Village personnel while on Village business. Notwithstanding
anything herein to the contrary, golf carts shall not be operated
on property owned or leased by the Village except with the express
written consent of the Public Works Director and/or the Chief of Police
and upon the terms and conditions as may be set forth in such written
permission.
G.
Golf cart capacity. The seating capacity shall be no more than the
cart was designated for but in no case shall be more than two front
and two rear passengers. The operator and/or passenger shall not be
permitted to stand while the golf cart is in operation.
H.
Commercial purposes. Golf carts may not be used as a taxicab or bus
or for the commercial carrying of passengers or the hauling of freight.
I.
Parking. Golf 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 golf 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. Keys shall not be left in
the golf cart when not in being driven.
J.
Towing. Golf 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.
K.
Cemeteries. Golf carts shall only be operated on any roadway or vehicle
path within the cemeteries.
A.
Disclaimer. Golf carts are not designed for nor manufactured to be
used on public streets and the Village neither advocates nor endorses
the golf cart as a safe means of travel on public streets, roads and
highways. The Village in no way shall be liable for accidents, injuries
or death involving the operation of a golf cart.
B.
Assumption of risk. Any person who owns, operates or rides upon a
golf cart on a public street, road or highway within the Village does
so at his or her own risk and peril and assumes all liability resulting
from the operation of the golf cart.
Any person who violates this chapter shall be subject to a forfeiture
of not less that $25 and not more than $100 for the first violation
and not less than $50 and not more than $200 for subsequent violations.
Violators may also have their permit revoked for the remainder of
the registration year or indefinitely revoked dependent on the violation.
