Chapter 12.45
RYDERWOOD GOLF CART ZONE
Sections:
12.45.035 Operation of golf carts on public roads – Conditions and safety.
12.45.040 Minimum required equipment.
12.45.050 Operating requirements.
12.45.065 Dissolution of golf cart zone.
12.45.010 Title.
This chapter shall be known and may be cited as the “Ryderwood golf cart zone ordinance.” [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.020 Purpose and intent.
It is the purpose and intent of this chapter to establish a golf cart zone over all public roads, as defined below, and within the unincorporated area of Ryderwood which have a speed limit of 25 miles per hour or less, as set forth in RCW 46.08.175. Golf carts, as defined below, were not designed or manufactured for use on public roads, and Cowlitz County in no way advocates for their use and operation on such roads. The county in adopting regulations on use of golf carts on specific public roads is merely addressing ongoing safety issues of golf cart use on such specific public roads. Any person who operates or is a passenger in a golf cart operated on a public road does so at their own risk and peril, and must be observant of and attentive to the safety of themselves and others, including: passengers, motorists, bicyclists and pedestrians. This chapter shall not be construed to create any special relationship between Cowlitz County and any person or class of persons, nor to protect any person or class of persons, and accepts no liability under any theory of law for golf carts operating on public roads under the provisions of RCW 46.08.175 and this chapter. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.030 Definitions.
“Golf cart” means, in accordance with RCW 46.04.1945, a gas-powered or electric-powered four-wheeled vehicle originally designed and manufactured for operation on a golf course for sporting purposes and has a speed attainable in one mile of not more than 20 miles per hour. A golf cart is not a nonhighway vehicle or off-road vehicle as defined in RCW 46.04.365. A golf cart is not considered a vehicle, except for purposes of Chapter 46.61 RCW.
“Golf cart zone” or “zone” means the geographically described area in which the Cowlitz County Board of Commissioners has approved the use of golf carts on roadways of public roads within the unincorporated area of Ryderwood (as shown in Figure 12.45-1, on file with the County Department of Public Works).
“Public road” means the entire right-of-way width between the boundary lines of every publicly maintained right-of-way or any publicly maintained place open to the public for vehicular use by the public for purposes of pedestrian, bicycle or vehicular travel, including parking, excepting United States Postal Service property.
“R.I.S.A.” means the Ryderwood Improvement and Service Association, Inc.
“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.035 Operation of golf carts on public roads – Conditions and safety.
A. It shall be unlawful for any person to operate a golf cart on or over any public road in unincorporated Cowlitz County, except as provided for in this chapter.
B. No roadway of any public road in unincorporated Cowlitz County shall be designated or recognized for golf cart operation if the posted speed limit for the road is greater than 25 miles per hour.
C. Maximum occupancy of a golf cart operating on roadways of public roads will be one person per designated seat.
D. Every person operating a golf cart on roadways of public roads is subject to all duties applicable to a driver of a vehicle under Chapter 46.61 RCW, Rules of the Road, including but not limited to driving or being in physical control of the golf cart while under the influence of intoxicating liquor or drugs. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.040 Minimum required equipment.
A. Every golf cart operated in the golf cart zone shall be equipped with reflectors, seat belts and rearview mirrors, in accordance with RCW 46.08.175 and the following:
1. Reflex reflectors shall be mounted as one red on each side, as far to the rear as practicable, and two red on the rear on either side; and
2. To provide an operator a 200-foot view to the rear, an exterior rearview mirror shall be mounted on the driver’s side of the golf cart, and an additional mirror mounted either inside the golf cart or outside the golf cart on the right side; and
3. Seat belts of a Type 1 or Type 2 seat belt assembly conforming to CFR Title 49, Section 571.209, Federal Motor Safety Standard No. 209, Seat Belt Assemblies, shall be installed at each designated seating position; and
4. If the golf cart is not equipped with lights and turn signals, operators must use hand signals to signal turns and stops. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.050 Operating requirements.
Golf cart operation on roadways of public roads in the golf cart zone shall be in accordance with the following:
A. All residents within the Ryderwood golf cart zone at the time of passage of the ordinance codified in this chapter, and all future residents, at such time as a resident moves into the zone, shall be provided with a copy of this chapter by R.I.S.A. R.I.S.A. shall maintain signature acknowledgement in the resident file that such documentation was provided.
B. Any person operating a golf cart as authorized by this chapter shall be at least 16 years of age and have completed a driver education course or have previous experience as a licensed driver.
C. No person shall operate a golf cart at any time from a half hour after sunset to a half hour before sunrise, unless the golf cart is equipped with headlights and taillights, as well as turn signals, meeting the requirements of Chapter 46.37 RCW.
D. Any person operating a golf cart in a golf cart zone shall have all the rights and shall be subject to all the duties applicable to the driver of a vehicle under Chapter 46.61 RCW.
E. Any person operating a golf cart as authorized by this chapter shall be familiar with and adhere to all rules of the road applicable to motor vehicles set forth in Chapter 46.61 RCW, Chapter 308-330 WAC and Chapter 11.04 CCC.
F. Any person operating a golf cart as authorized under this chapter shall not transport more passengers than the manufacturer’s designed capacity. Every occupant shall be seated at all times during the operation of the cart, and shall use a seat belt.
G. No items shall be placed or attached to the top of the golf cart. All items shall be carried inside the cart and secured in a manner so as to prevent the item from falling out of the cart when the cart is moving.
H. Accidents that involve golf carts operated on public roads must be reported, recorded and tracked in compliance with Chapter 46.52 RCW. The accident report must indicate that the golf cart was operating within a golf cart zone and is involved in the accident. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.060 Penalty.
Any operation of a golf cart constituting a violation of Chapter 46.61 RCW, Rules of the Road, shall be punishable as either a criminal traffic violation or a civil traffic infraction, as applicable. Violation of equipment requirements shall be punishable as a civil traffic infraction under Chapter 46.37 RCW. Any other violation of this chapter shall be a Class 1 civil infraction under Chapter 7.80 RCW. The Cowlitz County Sheriff and the Washington State Patrol shall have authority to enforce the provisions of this chapter. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.065 Dissolution of golf cart zone.
The golf cart zone, once established, may be dissolved through any of the following:
A. Nonpayment of Signage and Administration Fees. If it is determined by the Board of Commissioners that fees have not been paid to the county for any two years, the Board may resolve that the ordinance codified in this chapter has sunset and the golf cart zone be dissolved; or
B. Golf Cart Collisions or Citations. If it is determined by the Board of Commissioners there is a significant history of golf cart collisions, or traffic citations or violations, the Board may resolve that the ordinance codified in this chapter has sunset and the golf cart zone be dissolved. A significant history will be defined as five or more collisions, or citations or violations within three successive years; or
C. R.I.S.A. requests that the Board of Commissioners resolve that the ordinance codified in this chapter has sunset and the golf cart zone be dissolved; or
D. The Board of Commissioners, on its own motion, resolves that the ordinance codified in this chapter has sunset and the golf cart zone be dissolved. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]
12.45.070 Severability.
If any section, subsection, clause, phrase or word in this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate provision and such holding shall not affect the validity of the remaining portion of this chapter. [Ord. 15-011 § 1 (Exh. A), 1-27-15.]