Grayson County Fiscal Court on Thursday voted for the second and final time on an ordinance allowing but strictly regulating the use of golf carts on county roadways.
By a vote of 4-3, with Judge-Executive Kevin Henderson breaking a 3-3 tie among magistrates — Tommy Higdon, Brian Ashley and Neal Saltsman voted yea, with Kevin Fulkerson, Darin Whitely and Damon Hornback voting nay — the ordinance was approved.
Fashioned after state law governing the use of golf carts on roadways — Kentucky Revised Statute (KRS) 189.286 — the ordinance, crafted by County Attorney Jeremy Logsdon, is similar to the golf cart ordinance passed by the Leitchfield City Council in May 2019.
Since the first vote was held on the ordinance on April 19, additions to the document were made by Logsdon regarding the definition of a full-time resident, as well as the process by which an individual, neighborhood and/or homeowner’s association may apply to have roadways declared legal for golf cart operation (the language added is in italics)
The ordinance treats golf carts virtually the same as other motor vehicles, with a few exceptions: No title requirement, no vehicle registration requirement and no emission certificates needed.
The highlights of the lengthy ordinance are as follows:
- The vehicle must be designed for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course.
- The golf cart cannot be capable of traveling over 35 mph, and is designated to carry no more than six people, including the driver.
- For each designated seating position, a seatbelt assembly that conforms to the federal motor vehicle safety standard provided in 49 C.F.R. section 571.209.
- The golf cart may only be operated on a designated county roadway approved by Fiscal Court and listed in the Grayson County Code of Ordinance.
- The golf cart has a maximum weight of 2,500 pounds.
- The golf cart has a maximum rated payload capacity of 1,200 pounds.
- The golf cart may only be operated on roadways with posted speed limit signs of 35 mph or less and are approved by Grayson County Fiscal Court.
- The operator of the golf cart is not allowed to cross a roadway at an intersection where the roadway being crossed has a posted speed limit of more than 35 mph and does not cross any state route that has been prohibited by the Kentucky Transportation Cabinet.
- The operator must have a valid operator’s license in possession.
- The golf cart must display a slow-moving vehicle emblem in compliance with existing statutes.
- The cart must display a sticker or permit that identifies that the golf cart is allowed to be operated on specific roadways within the county.
- The operator must carry liability insurance and be in possession of proof of insurance.
- The golf cart must be equipped with: head lights, front and rear turn signals, tail lights, brake lights, reflex reflector (one red on each side as far to the rear as possible, and one red on the rear), parking brake, a windshield that conforms to the federal motor vehicle safety standard on glazing, seat belt assembly that conforms to the federal motor vehicle safety standard for each designated seating position, a VIN number, and a horn that meets guidelines of existing statutes for motor vehicles.
- The golf cart must have an exterior mirror mounted on the driver’s side and either an exterior mirror mounted on the passenger’ side, or an interior mirror.
- The golf cart owner must be issued a permit for the vehicle by Grayson County.
- The golf cart must undergo an inspection by the Grayson County Sheriff’s Office. If the inspection is conducted at the sheriff’s office the cost will be $5, but if a certified inspector has to travel to the site of the golf cart, the cost is $10.
Adults’ responsibility for children
Section 5 of the ordinance states: “It shall be unlawful for any parent, guardian, or other adult person having care and/or custody of any minor child under 18 years of age to knowingly permit such a minor child to violate this chapter. Any parent or guardian or adult person having the care and/or custody of any minor child under 18 years of age who authorizes or knowingly permits such a child to violate any part of this ordinance shall be guilty of a violation of this ordinance along with anyone under 18 that is charged for their actions, if applicable.”
Selecting county roadways where golf carts are allowed to operate
Included in the ordinance is a stipulation that Fiscal Court will appoint three people to form a Traffic Safety Committee. The committee’s “sole purpose is to review applications for the designation of county roadways for golf cart operations,” the ordinance states.
The Traffic Safety Committee will be comprised of the Grayson County Sheriff, County Road Supervisor and Assistant County Road Supervisor.
The ordinance says, “The Committee members shall only meet when there has been a valid application submitted and may meet in person, by phone, or by video teleconferencing within a reasonable time frame after the receipt of the application by Fiscal Court.”
Resident Application
The ordinance states that, “Any Grayson County may request the addition of a county or public roadway on which they reside as a designated county roadway by completing an Application for Designation of County or Public Roadway for Golf Cart Operation (referred to as Application).”
“Every Application must include a petition signed by a full-time resident from at least 50 percent of the separate full-time residences on said roadway. All full-time residences count as one potential full-time signature. (e.g., 10 full-time residences on X Road, a public road, require at least five distinct full-time residents’ signatures from five distinct full-time residences on the road.)”
Group of Neighborhood Residents’ Application
Regarding a neighborhood applying for a county road declaration, the ordinance says, “A group of full-time residents may join together to request that multiple roadways within the same neighborhood in which they reside be declared designated county roadways without multiple applications for consideration in the same manner as the Resident Application (see above), with the exception that the Application must contain the signatures of 50 percent of full-time residents that reside on any of the roads in the neighborhood road group to be considered. (e.g., 40 full-time residences on X,Y and Z roads, all public roads, within the neighborhood, requires at least 20 distinct full-time residents from anywhere on X,Y, and Z roads to be considered.)”
Homeowner’s Association Application
“A homeowner’s association may request that multiple roadways within their designated neighborhood be designated county roadways by Application without the necessity of full-time resident signatures if the Application is submitted with the official minutes or a letter representing that homeowner’s association has held a vote and affirmatively been directed to file an Application for consideration.”
Determining full-time residents
The ordinance declares that a “Full-time residence is defined as a piece of real property that contains a permanently affixed personal residence home that is occupied year-round by at least one owner of the property whose PVA county property tax bill address listed is the same as the residence in question. However, RVs, rental homes and any other homes used for short-term overnight rentals (i.e., Airbnb-type locations) shall not fall into this category.”
A “full-time resident is defined as an owner that meets the requirements of above.”
Penalties for violating the ordinance
Upon conviction of a first offense, the violator shall be fined no more than $250 and no less than $100.
A person convicted of a subsequent violation within two years of an initial violation shall be fined no less than $250 and no more than $500.
By Ken Howlett, News Director
Contact Ken at ken@k105.com
