ORDINANCE NO. 470
AN ORDINANCE AMENDING TITLE III COMMUNITY PROTECTION, CHAPTER 3 TRAFFIC CONTROL WITH THE ADDITION OF SECTION 3-3-23B OPERATION OF GOLF CARTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BELLEVUE, IOWA:
 
SECTION 1. Purpose. The purpose of this ordinance is to amend the Community Projection Traffic Control ordinance with the addition of adding the Operation of Golf Carts.
 
SECTION 2. Amendment and Addition. Title III Community Protection Chapter 3 Traffic Code, section 3-3-23B Operation of Golf Carts is hereby amended with the creation of this section in its entirety:
 
3-3-23B           OPERATION OF GOLF CARTS     
 
  1. “Golf Cart” means a 4-wheeled motor vehicle designed to transport one or more people on a golf course. A golf cart designed with one bench seat shall not transport more than two people.  A golf cart designed with two bench seats shall not transport more than four people.
 
  1. Authorizing the operation of golf carts on public streets within the corporate city limits of Bellevue, Iowa consistent with Iowa Code 321.247.
 
  1. Timeframe: The golf cart shall be operated only on the street from sunrise to sunset.
 
  1. Operation: Golf carts may be operated on City streets by persons possessing a valid driver’s license and minimum of eighteen (18) years of age. A golf cart shall not be operated upon a City Street which is a primary road extension (State and Federal highways) but shall be allowed to cross over a City Street which is a primary road extension through the City.  No golf carts shall be operated on any street at a speed in excess of twenty-five (25) miles per hour. 
 
  1. Unlawful Operation. It shall be unlawful for any person to operate a golf cart under the following circumstances:
 
    • On private property of another without express permission to do so by the owner or occupant of said property.
 
    • On public sidewalks, public school grounds, park property, playgrounds, and recreational areas without express permission to do so by the proper public authorities.
 
    • In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
 
    • In a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any other person.
 
  1. Designation of other areas. Notwithstanding the provisions of this Section, the Chief of Police shall have the authority to designate areas that he or she shall deem available for the use of off-road vehicles.
 
  1. Equipment: The golf cart shall be equipped with adequate brakes, slow moving vehicle sign, and a bicycle safety flag, minimum of five (5) feet from the ground level.
 
  1. Unattended golf cart prohibited. It shall be unlawful for the operator to leave or allow a golf cart to be or remain unattended on public property while the golf cart is running or the key is left in the ignition.
 
  1. Traffic regulations apply. Each person operating a golf cart shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any ordinance of the City to direct or regulate traffic.
 
  1. Fee & Insurance
 
    • Resident owners and operators of golf carts may apply for an annual permit to be issued by the Bellevue Police Dept. on forms provided by the City of Bellevue, Iowa. Each application for a permit shall be accompanied by a fee of $50.00, payable to the City of Bellevue.
 
    • The Bellevue Police Dept. shall not issue a permit authorizing the operation of a golf cart on any public street or alley within the corporate city limits of Bellevue, Iowa until the owner/operator has provided the following:
 
      • Documentation that the owner/operator is at least eighteen (18) years of age and possesses a valid driver’s license.
 
      • Documentation that the owner/operator has in force liability insurance coverage of not less than $100,000 per person per incident which coverage includes the operation of the golf cart on public street or alleys.
 
      • The permit issued by the Bellevue Police Department shall specifically identify the name and address of the owner/operator to whom the permit is issued.
 
      • Documentation that the owner/operator is a resident of the City of Bellevue.
 
    • A permit issued under this ordinance shall be evidenced by a permit sticker issued by the Bellevue Police Dept. The permit and the permit sticker shall be effective from January 1st through December 31st of the calendar year in which the permit is issued.
 
    • The operator of a golf cart shall display the permit sticker issued by the Bellevue Police Depart.in a prominently visible place on the rear of the golf cart.
 
  1. Violations: A person who violates, commits a simple misdemeanor punishable as a schedule violation.
 
    • Any person violating the ordinance is guilty of a misdemeanor and shall be subject to a Municipal civil infraction and fine of twenty dollars ($20.00).
 
    • Any person guilty of violating this ordinance two (2) times in a twelve (12) month period shall be subject to a Municipal civil infraction and fine of Fifty dollars ($50.00) and revocation of City permit for a period of Two (2) months.
 
    • Any person guilty of violating this ordinance three (3) times in a twelve (12) month period shall be subject to a Municipal civil infraction and fine of One-hundred dollars ($100.00) and revocation of City permit for a period of one (1) year from third (3rd) violation date.
 
    • When otherwise unable to identify the violator/driver of any provision of this chapter, law enforcement officers may assume the burden to be on the owner of the permit for said violation.
 
SECTION 3. Repealer. All ordinances or parts of an ordinance in conflict with this ordinance are hereby repealed.
 
SECTION 4. Severability. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
 
SECTION 5. Effective Date. This ordinance shall be in effect after its final passage, approval and publication as provided by law.
 
Passed and approved by the City Council this 22nd day of June, 2022.