ORDINANCE NO. 14 OF 2023
AN ORDINANCE OF THE CITY OF BENTON, ARKANSAS TO ALLOW THE OPERATION OF GOLF CARTS ON CERTAIN CITY STREETS; PROVIDING FOR DEFINITIONS; AND PROVIDING FOR OPERATIONAL REGULATIONS PERTAINING THEREOF.
WHEREAS, the City Council of the City of Benton has determined to allow the operation of golf carts on certain city streets; and
WHEREAS, per Arkansas Code § 14- 54- 1410, It shall be within the municipal affairs and authority of any municipality in the State of Arkansas to authorize by municipal ordinance, any owner of a golf cart to operate upon the city streets of the municipality; provided, however, operation shall not be authorized on city streets which are also designated as federal or state highways or as a county road; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BENTON, ARKANSAS:
SECTION 1: DEFINITIONS
A) As used in this ordinance, the term” GOLF CART” means any self-propelled vehicle that:
1) Is designed for the transportation of players or maintaining equipment on a golf course;
2) Has a minimum of four wheels;
3) Is designed to carry not more than four persons, including the driver;
B) As used in this ordinance, the term ” OPERATOR” means the driver of golf carts as governed by this ordinance;
SECTION 2: LOCATIONS PERMITTED/PROHIBITED
A) Golf carts may be operated on any city streets where speed limits are equal to or less than 25 miles per hour, provided such streets are not excluded under § Arkansas Code 14- 54- 1410;
B) Under Arkansas Code § 14- 54- 1410, use of golf carts shall not be authorized on city streets which are also designated as federal or state highways or as a county road;
C) Golf carts are prohibited from operating on any sidewalk, recreational path, trail, or any location normally used for pedestrian traffic;
D) Golf carts may also be prohibited or restricted in certain neighborhoods as determined by the Property Owners Association ( POA) of said neighborhood, with the responsibility of monitoring and enforcing this prohibition designated to the POA.
SECTION 3: OPERATION
While operating a golf cart, drivers must:
A. yield to all motor vehicles, pedestrians, and cyclists, and avoid obstructing traffic;
B. refrain from driving in excess offifteen ( 15) miles per hour, regardless ofthe posted speed limit;
C. abide by the manufacturer’ s passenger- capacity limits;
D. ensure that all passengers remain seated while the golf cart is in motion;
E. operate only during daylight;
F. use standard hand signals for turning ifthe operator’ s golf cart is not equipped with turn signals;
G. obey all generally applicable traffic laws except as modified in this chapter.
SECTION 4: OPERATOR
Lawful operators of golf carts are limited to:
A. Licensed/ insured ( for automobiles) drivers age 16 and older;
SECTION 5: FINES
Those violating these restrictions may be cited and punishable by a fine up to $ 100 for the first offense and $ 250 for the second offense.
PASSED AND APPROVED, this day of March, 2023.
[Signed] Tom Farmer, Mayor
[Signed] Cindy Stracener, City Clerk