HF 236 (LSB 1053HV (1) 85)

HOUSE FILE 236

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HF 24)

A BILL FOR

An Act relating to the operation of golf carts on the streets of an established community within an unincorporated area and making a penalty applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.247, Code 2013, is amended to read as follows:
   321.247  Golf cart operation on city streets.
   1.
  a.  Incorporated areas may, upon approval of their
 
The governing body,
 
of an incorporated area may allow the operation of golf carts on city streets by persons possessing a valid driver’s license. However,
 
a person shall not operate a golf cart shall not be operated upon a city street which is a primary road extension through the city but shall be allowed to
 
except to cross a city street which is a primary road extension through the city.
   b.
  (1)  A county board of supervisors may allow the operation of golf carts on the streets of an established community within the unincorporated area of the county by persons possessing a valid driver’s license. However, a person shall not operate a golf cart upon a primary road within an unincorporated area except to cross a section of a primary road which lies within an established community in which golf cart operation is permitted.
   (2)  For purposes of this lettered paragraph “b”, “established community” means an area designated by the county board of supervisors which is the same or substantially the same as an area identified by the United States census bureau as a census designated place as of the most recent decennial census.
   c.  The operation of golf carts pursuant to paragraph “a” or “b” is only allowed between sunrise and sunset.
   b.

d.  The golf carts
 
A golf cart operated on streets pursuant to paragraph “a” or “b” shall be equipped with a slow moving vehicle sign, and a bicycle safety flag, and operate on the streets only from sunrise to sunset.
   c.  Golf carts operated on city streets shall be equipped with adequate brakes and shall meet any other safety requirements imposed by the governing body
 
or the board.
   2.  Golf carts are not subject to the registration provisions of this chapter.
   3.  A person who violates subsection 1 commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 3.
EXPLANATION
   Under current law, golf carts may be operated on certain city streets if approved by the governing body of the incorporated area. Golf carts may not be operated on a primary road extension within the city except to cross the primary road extension, and golf cart operation is only allowed from sunrise to sunset. The person operating the golf cart must have a valid driver’s license and the golf cart must be equipped with a slow moving vehicle sign, a bicycle safety flag, and adequate brakes. The governing body may impose additional safety requirements.
   This bill allows a county board of supervisors to allow the operation of golf carts on the streets of an established community within an unincorporated area. The bill defines “established community” to mean an area designated by the board of supervisors which is the same or substantially the same as an area identified by the United States census bureau as a census designated place as of the most recent decennial census. Census designated places are statistical counterparts of incorporated places and contain settled concentrations of population which are identifiable by name. Under the bill, golf cart operation in an established community within an unincorporated area is subject to the same licensing and safety equipment requirements currently applicable to the operation of golf carts in cities. Golf carts are not permitted on primary roads within an unincorporated area, except to cross a segment of a primary road located within the established community where golf cart operation is allowed. The bill specifies that in cities and unincorporated areas where golf cart operation is allowed, it may only take place between sunrise and sunset.
   A person who violates provisions relating to the operation of a golf cart on a street commits a simple misdemeanor punishable by a scheduled fine of $100.