ORDINANCE NO. 07-07-03
AN ORDINANCE OF THE TOWN OF HUNTSVILLE, TENNESSEE
PROVIDING FOR THE OPERATION OF ALL TERRAIN VEHICLES
AND GOLF CARTS ON CITY AND COUNTY STREETS
WITHIN THE TOWN OF HUNTSVILLE
WHEREAS, the Mayor and Board of Aldermen find that the ATV’s and golf carts are an important contributor to Huntsville’s unique and growing tourist and retirement economy, and that allowing their safe operation of Town and County streets is necessary to the continued development of that important industry, and
WHEREAS, the Town of Huntsville has evaluated the roadway network within the Town limits to determine whether it is safe to allow the operation of all terrain vehicles (hereinafter ATVS) and golf carts within the Town; and
WHEREAS, the Town has considered factors including the speed, volume and character of motor vehicle traffic using the roadway network within the Town and which includes both Town streets and County roads located within the Town; and
WHEREAS, the Mayor and Board of Aldermen find that ATVS and golf carts may safely travel on all of the Town and County roadways within the town limits of Huntsville;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF HUNTSIVLLE, TENNESSEE, AS FOLLOWS:
SECTION 1. The safe operation of ATVS and golf carts within the Town of Huntsville is hereby authorized.
A. The Mayor and Board of Aldermen of the Town of Huntsville hereby finds that ATVS and golf carts may safely travel over those streets designated pursuant to the provisions of this Ordinance.
B. All ATVS and golf carts operated on streets in the Town must be equipped with efficient brakes, reliable steering and safe tires.
C. All ATVS and golf carts shall yield to regular motor vehicle traffic when it is apparent that traffic congestion is occurring and shall, in every event, yield to police and emergency vehicles.
D. No two stroke or racing ATVS may be operated on streets in the Town during the hours between sunset and sunrise.
E. No ATVS or golf carts shall be operated by anyone under the age of sixteen (16) years upon any street located within the Town, except that a person between 10 and 16 years of age whose parent or legal guardian is qualified to operated under this Ordinance and deems said Minor to be capable of safely controlling an appropriately sized ATV or golf cart may operate such vehicle hereunder provided that the minor:
i. Must at all times remain under the direct supervision and control of said parent or legal guardian which parent shall be responsible for all acts and/or violations by said minor.
ii. Must ride in single file directly behind the parent or guardian and not more than 100 feet apart. If a second parent or other adult is riding in a group that includes a minor(s), the minor(s) must ride between the adults while on any street.
iii. Must obey all instructions of said Parent or Guardian, operate safely and abide by all other requirements of this ordinance.
F. With exception of qualified minors operating under the preceding section,
all persons operating ATVS or golf carts on streets in the Town must possess at all times during such operation a valid driver’s license issued by a state governmental agency providing proof of age;
G. Operation of ATVS or golf carts on streets located in the Town by any person whose driver’s license is suspended or revoked by any person whose driver’s license is suspended or revoked by any state within the United States is prohibited.
H. Any person or entity offering ATVS or golf carts for hire to be driven on streets in the Town shall ensure that only persons qualified under this Section shall operate such ATVS and golf carts for hire on the streets in the Town; and provide all operators of such ATVS or golf carts with a summary of the requirements of this Section.
I. ATVS and golf carts operated pursuant to this ordinance shall not exceed 15 MPH while in the limits of the Town.
J. ATVS and golf carts are not permitted on any State highways.
K. It shall be a violation of this ordinance to make unnecessary engine noise or smoke, to pop “wheelies”, spin tires or to operate in a reckless or careless manner or to operate in any way which disturbs the peace and dignity of the Town at any time.
L. Violations of this Ordinance may be enforced by any lawful means available to the Town.
SECTION 2. Severability
If any portion of this Ordinance is declared by a Court of competent jurisdiction to be invalid or unenforceable, such declaration shall not be deemed to affect the remaining portions of this Ordinance.
SECTION 3. Effective date
This Ordinance shall be effective immediately upon final adoption.
PASSED 1ST READING ___August ____________ 2007.
PUBLIC HEARING ___August_ _____________ 2007.
PASSED 2ND READING __August ______________ 2007.
George W. Potter, Mayor
Wendy Buttram, City Recorder