See the meeting video and the full potential ordinance below.
Will it be allowed to drive golf carts on the streets of Benton? The City of Benton Community Services committee gathered Wednesday February 14, 2023, to discuss several items on their agenda, including discussion of golf carts. One committee member stated that this discussion came about due to a business in the downtown area that wanted to use a golf cart to make deliveries. However, there are neighborhoods with a golf course that this would concern as well.
Members went back and forth with the pros and cons that might come about if the ordinance were to be passed by City Council.
Committee member Judd Hart stated his concern about safety if there are no seat belts in golf carts. Other members weighed the usefulness to business and churches versus potential for misuse by individuals. Jeff Hamm said the responsibility for any damages would already be on the parents.
They also put into consideration the minimum age for a driver, any conflicts with POAs, and what, if any, sort of liability would befall the City in an accident. This item was on the agenda for discussion only, so it did not come to a vote. The committee will bring it up again next month. See the video of the meeting above. The full (rough draft) of the potential ordinance is published below.
ORDINANCE NO. __ OF 2023
AN ORDINANCE AUTHORIZING THE USE OF CERTAIN NONAUTOMOBILE VEHICLES ON CERTAIN CITY STREETS IN THE CITY OF BENTON; PROVIDING FOR OPERATIONAL REGULATIONS PERTAINING THERETO; AND FOR OTHER PURPOSES
WHEREAS, in accordance with Ark. Code Ann. § 14-54-1410, the City of Benton, Arkansas, has the authority to authorize the operation of a golf cart by its owner on streets within the City’s boundaries; and
WHEREAS, the City desires to permit the operation of a golf cart on certain streets in appropriate neighborhoods and business districts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BENTON, ARKANSAS:
SECTION 1: Purpose and Intent.
Golf carts, as passenger-carrying vehicles, often offer a low speed, low cost, energy-efficient, and quieter means of transportation. The purpose and intent of this ordinance is to promote the use of golf carts to make short trips for shopping, social, or other recreational purposes in certain neighborhoods and business districts in the City and to highlight restaurant, entertainment, and hospitality options for citizens.
SECTION 2: Definitions. The following words, terms, and phrases, when used in this ordinance, shall have the meanings given to them in this section, except where the context clearly indicates a different meaning:
All-terrain vehicle means a vehicle that:
- Has three, four, or six wheels;
- Is 50 inches or less in width;
- Is equipped with non-highway tires;
- Is designed primarily for off-road recreational use; and
- Has an engine displacement of no more than 1,000 cubic centimeters.
The term “all-terrain vehicle” includes a recreational off-highway vehicle. The term “all-terrain vehicle does not include a golf cart, riding lawnmower, or lawn or garden tractor.
City Streets means that part of the street or road, including the improved road shoulder, that is open to vehicular traffic and that is maintained by the City, or any other area that is designated for golf cart use. City Streets do not include streets that are designated as federal or state highways or as a county road.
Four-or-more-wheeled utility vehicle means a utility vehicle with four or more wheels driven with a steering wheel intended for off-road usage, sometimes referred to as a UTV, multi-purpose utility vehicle, recreation utility vehicle, “Gator,” “Rhino,” “Prowler,” or “Ranger” type utility vehicle, whether or not the vehicle carries the particular name. The term “four-or-more-wheeled utility vehicle” does not include a golf cart.
Go-cart means a small, low motor vehicle with four wheels and an open framework, typically used in racing, whether the vehicle is actually being used in a race.
Golf Cart means a motor vehicle:
- Primarily designed to operate on a golf course or for other recreational purposes;
- That operates at maximum speeds of twenty (20) miles per hour;
- That has at least three wheels in contract with the ground;
- Is designed to carry not more than four persons, including the driver; and
- With a maximum empty weight of 1,800 pounds.
The term Golf Cart shall not mean an all-terrain vehicle, four or more wheeled utility vehicle, go-cart, motorized dirt bike, recreational off-highway vehicle.
Motorized dirt bike means a motorcycle that is not legal to drive on the streets or highways of the State of Arkansas either due to a lack of proper vehicle registration or because of a lack of necessary attached equipment such as, but not limited to, a headlight or a proper muffler. A motorized dirt bike is one typically designed for use in off-road racing commonly known as motocross or may otherwise be used for the performance of driving stunts or tricks, whether it is engaged in any such activities.
Non-highway tire means a pneumatic tire:
- Six inches or more in width;
- Designed for use on a wheel with a rim diameter of 14 inches or less; and
- That uses an operating pressure of 20 pounds per square inch or less as recommended by the vehicle manufacturer.
Recreational off-highway vehicle means a vehicle that:
- Has four or six wheels;
- Is 75 inches or less in width;
- Is equipped with non-highway tires;
- Is designed primarily for off-road recreational use; and
- Has an engine displacement of no more than 1,000 cubic centimeters.
The term “recreational off-highway vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor.
SECTION 3: Golf Cart Districts.
As limited herein, it shall be lawful for the owner of a golf cart to operate the golf cart on City Streets within the designed Golf Cart Districts, which are areas in which the City Streets have a speed limit that is equal to or less than 25 miles per hour.
SECTION 4: Operators.
Regardless of its ownership, no golf cart shall be operated within a Golf Cart District by an individual that is not eligible for a learner’s permit issued by the State of Arkansas.
SECTION 5: Operation.
The operators of golf carts on City Streets within a Golf Cart District must abide by the following:
- Use of golf carts is permitted only on City Streets. Unless otherwise designated, golf carts shall not be permitted on sidewalks, grass, or any other area that is not a City Street;
- While on a City Street, the golf cart must be kept to the far right side of the road traveling with the direction of traffic;
- Golf carts are permitted on City Streets only during daylight hours, which shall be presumed to be one-half of an hour after sunrise and one-half an hour before sunset. Sunrise and sunset are determined based on publication in any newspaper of state-wide circulation, or as specified for “local conditions” on the Weather Channel or other appropriate, publicly broadcast internet or television station available within the City of Benton, Arkansas;
- Yield to all motor vehicles, pedestrians, and cyclists;
- Avoid obstructing traffic;
- Ensure that all passengers in the golf cart remain seated while the golf cart is in motion;
- Use standard hand signals for turning unless the cart is equipped with turn signals, and
- Operate the golf cart at speeds no greater than 15 miles per hour, regardless of the posted speed limit.
SECTION 5: Prohibitions.
Unless specifically stated herein, nothing in this Ordinance is intended to change or alter any other law related to the operation of vehicles on City Streets. All
regulations related to speed, lights, signaling, and parking remain applicable to golf carts operated on City Streets within a Golf Cart District.
SECTION 6: Adequate Equipment.
A golf cart being operated on City Streets within a Golf Cart District must have the following equipment installed and in good working order:
- Adequate brakes; and
- A review mirror.
SECTION 7: Authority of the Chief of Police.
Nothing in this ordinance prevents the Chief of Police of the Benton Police Department to suspend the operation of golf carts within a Golf Cart District if necessary to comply with local, State or Federal Laws, or Fire Codes, or is necessary to protect the public health, safety and welfare.
Any suspension issued by the Chief of Police must be limited to a single seventy-two (72) hour period.
SECTION 8: Violations.
Any person shall be deemed in violation of this Ordinance if such person operates a golf cart on City Streets in a Golf Cart District without following the requirements set forth in this Ordinance.
SECTION 9: Penalty for Violation.
Violators of this ordinance shall be assessed a penalty of not more than $100 for the first offense and $250 for the second and each subsequent offense.
SECTION 10: Exclusion for Certain Neighborhoods
If a Golf Cart District falls within a neighborhood governed by a Property Owner’s Association or other similar restrictive covenant, said neighborhood may vote to restrict the operation of Golf Carts in that neighborhood. The neighborhood will be responsible for all rules, regulations, and enforcement associated with the restriction.
SECTION 11: Severability.
In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this ordinance.
SECTION 12: Repealer.
All laws, ordinances, or resolutions, or parts of the same that are inconsistent with
the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
PASSED AND APPROVED this __day of February, 2023.
Tom Farmer, Mayor
Cindy Stracener, City Clerk