There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.
AN ORDINANCE
A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.
Mr. Stephens explained that this is the second reading of an ordinance to allow golf carts and similar unconventional vehicles to be operated on Oakwood streets. The ordinance was introduced with a first reading at Council’s December meeting. Council is aware that some Oakwood residents have golf carts and similar unconventional vehicles that they would like to use on public streets, and the purpose of this ordinance is to authorize that use.
Before a motion and vote, Mr. Stephens invited Law Director Rob Jacques to make a short presentation as to the state of the law concerning these vehicles.
Mr. Jacques referenced a PowerPoint presentation, and reviewed the proposed ordinance. He started his presentation by explaining the legal definitions of various vehicles. A motor vehicle is defined as any vehicle that is propelled or drawn by power other than muscular power or overhead electric trolley wires. This definition specifically exempts utility vehicles, motorized bicycles, and certain construction and farm equipment. Now that Senate Bill 144 has passed, the exemption also includes under-speed vehicles and mini-trucks. He then defined each type of motor vehicle and shared examples of the vehicles in these categories. Mr. Jacques reviewed a summary of the laws. Motorcycles are for street-use only, must have a motorcycle operator endorsement on license, and all motor vehicle laws are applicable. Bicycles are for street or sidewalk use, may not be operated recklessly, and all motor vehicle laws apply for street use. Motorized bicycles are for street use only, operators must be 14+ with moped license or 16+ with valid driver’s license, a helmet is required for operators less than 18 years old, and all motor vehicle laws are applicable. Electronic personal assistive mobility devices are for street (not greater than 50 miles per hour) or sidewalk use, are permitted under state law unless prohibited or regulated by local authority, operators can be 14 or 15 years old with a 18+ year old present, a helmet is required for less than 18 years old, and generally, motor vehicle laws do not apply. Toy or play vehicles are prohibited on streets except when crossing in a crosswalk, and cannot be attached to any vehicle on a street. The new provisions under Senate Bill 114 include under-speed, utility, mini-trucks and low-speed vehicles. Under-speed, utility, and mini-trucks are prohibited under state law unless permitted by local authority. State law will allow use on streets 35 mph or less, although the speed cap can be further regulated by local authority, but Council has not authorized this yet and they are not currently permitted in Oakwood. Low-speed vehicles are permitted under state law regardless of local legislation, and State law will allow use on streets 35 mph or less, but this can be further regulated by local authority. The proposed ordinance for low-speed vehicles, under-speed vehicles, utility vehicles and mini-trucks will require: a Safety Department vehicle inspection; the vehicle to be properly titled/registered; the operator to have a driver’s license; insurance on the vehicle, the vehicle to be equipped as required by state law; additional federal equipment requirements for low-speed vehicles only; that operation is only permitted on streets 25 mph or less; all traffic and parking laws apply; and city refuse scooter being an exception to this law. Mr. Jacques then reviewed the equipment requirements for low-speed vehicles and under-speed vehicles. Low-speed vehicles must meet federal low-speed vehicles standards, which require headlights, brake lights, turn signals, tail lights, reflectors, parking brakes, rearview mirrors, windshields, seat belts, rear license plate light, and a vehicle identification number. Under-speed vehicles (if permitted by local authority) must have: adequate brakes and braking system; properly working brake lights, head lights, tail lights, and turn signals; a properly working steering mechanism, a windshield; a rearview mirror; and appropriate tires that are free of major bumps, bulges, breaks. Mr. Jacques closed his comments by stating that this ordinance is being proposed because the State law has changed and the City must comply with it.
Mr. Stephens said that he understands that golf carts will not be allowed on Far Hills Avenue or Shroyer Road, but it is his understanding that they can cross these roads.
Mr. Jacques confirmed that golf carts will be allowed to cross these streets, but they will not be allowed to travel along them.