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HomeMy WebLinkAbout070-25 (OrdAmendmentChapter158Vehicles&Traffic(GolfCarts)) ORDINANCE PERMITTING GOLF CART AND UTILITY VEHICLE USAGE ON STREETS IN THE LAKE HOLIDAY COUNTRY CLUB COMMUNITY—`THE SUMMIT' WHEREAS, the Lake Holiday Country Club, Inc. Board of Directors (LHCC) has requested that the Frederick County Board of Supervisors (BOS) pass an ordinance authorizing the use of golf carts within the Lake Holiday Community; and WHEREAS, the streets in Lake Holiday are private streets; however, the BOS did pass an ordinance in 1993 designating the streets as highways for law enforcement purposes, and the proposed ordinance would modify the County Code to authorize the use of golf carts in the Lake Holiday community; and WHEREAS,the proposed ordinance was brought to the Public Safety Committee on April 24, 2025, and the committee recommended approval of the Lake Holiday request, and on May 14, 2025,the Board set a public hearingforJune 11, 2025. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in the interest of public health, safety, and general welfare, the amendment to Chapter 158 — The Summit to add definitions for golf cart, highway, and utility vehicle and permit the use of golf carts and utility vehicles within the boundaries of the Lake Holiday Community —The Summit is adopted with an implementation date of September 1, 2025 . Passed this 11th day of June, 2025, on the following recorded vote: Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST: Michael Bollh fer Clerk, Boar of Supervisors County of ederick, Virginia No. 070-25 COUNTY of FREDERICK Michael Bollhoefer County Administrator 540/665-6382 Fax: 540/667-0370 E-mail: michael.bollhoefer@fcva.us MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mike Bollhoefer, County Administrator SUBJECT: Ordinance Amendment—County Code Section 158 DATE: June 4, 2025 Proposal- The Lake Holiday Country Club, Inc. Board of Directors(LHCC)has requested that the Frederick County Board of Supervisors(BOS)pass an ordinance authorizing the use of golf carts within the Lake Holiday Community. The streets in Lake Holiday are private streets;however, the BOS did pass an ordinance in 1993 designating the streets as highways for law enforcement purposes. The attached ordinance would modify the County Code to authorize the use of golf carts in the Lake Holiday community. Current Ordinance Standards: The Code, as currently written, does not allow the use of golf carts on roads in Frederick County. Meetin,as Summary: This item was brought to the Public Safety Committee on April 24', and the committee recommended approval of the Lake Holiday request. On May 14, 2025, the Board set a public hearing for June 11, 2025. Conclusion and Requested Action: The attached ordinance amendment would authorize the use of golf carts within the Lake Holiday community. Following the public hearing, staff is seeking action from the Board of Supervisors on the proposed amendment. Attachments: 1. Draft Ordinance 2. Letter from Lake Holiday Country Club Board of Directors (LHCC) 3. LHCC golf cart requirements. 107 North Kent Street 0 'Winchester,Virginia 22601 ARTICLE IV LAW ENFORCEMENT OF PRIVATE ROADS AND STREETS § 158-18 Lake Holiday Community -The Summit A. The private roads and streets in the subdivision known as "The Summit" shall be designated as highways for law enforcement purposes only. B. Certification of road signs and speed limits by private licensed professional engineers using criteria developed by the Commonwealth Transportation Commissioner shall be permitted, and, for law enforcement purposes, such certification shall have the same effect as if certified by the Commonwealth Transportation Commissioner. §158-18.1 Definitions Unless otherwise set forth in this Article, "Golf cart," "utility vehicle"and "highway"shall all be defined pursuant to§46.2-100 of the Code of hirginia of 1950, as amended,for the purposes of this article as follows: GOLF CART-A self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course. HIGHWAY-As used in this Article, the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular traffic in the County of Frederick, including the streets and alleys, and for law enforcement purposes, the entire width between all the boundary lines of all private roads or private streets that have been specifically designated highways by an ordinance adopted by the governing body of the County of Frederick in which such private roads or streets are located and the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased or controlled by the United States government and located in the commonwealth. UTILITY VEHICLE-A motor vehicle that is designed for off-road use,powered by an engine of no more than 25 horsepower and does not exceed a speed of 25 miles per hour, and used for general maintenance, security, agricultural or horticultural purposes. ("Utility vehicle"does not include all-terrain vehicles as defined in§46.2-100 of the Code of hirginia of 1950, as 1 amended, riding lawn mowers or any other vehicle whose definition is included in said section.) §158-18.2 Operation ofgolf carts and utility vehicles on public highways prohibited; exceptions. A. No person shall operate a golf cart or utility vehicle on any public or private highway specifically designated a highway in the County of Frederick, subject to the following exceptions. B. Golf carts shall be allowed only on private highways that have been specifically designated highways by an ordinance adopted by the governing body of the County of Frederick, and all such use shall be subject to the following: (1) A golf cart may only be operated on designated private highways where the posted speed limit is 25 miles per hour or less. A golf cart may cross a highway at an intersection controlled by a traffic light or conspicuously marked as a golf cart crossing by signs posted by the Virginia Department of Transportation if the highway has a posted speed limit of no more than 35 miles per hour. (2) No person shall operate any golf cart on any designated private highway unless he/she has in his/her possession a valid driver's license. (3) Every golf cart, whenever operated on a designated private highway, shall display a slow-moving-vehicle emblem in conformity with§46.2-1081 of the Code of Virginia of 1950, as amended. (4) Golf carts shall be operated upon designated private highways only between sunrise and sunset unless equipped with such lights as are required by Article 3 of§46.2- 1010, et seq. of the Code of Virginia of 1950, as amended,for different classes of vehicles. (5) The limitations set forth above shall not apply to golf carts and utility vehicles being operated as follows: 2 (a) To the extent necessary for local government employees operating only upon highways located within the locality to fulfill governmental purposes,provided that the golf cart or utility vehicle is being operated on highways with speed limits of 35 miles per hour or less. (6) The driver and passengers of a golf cart shall not, at any time, exceed the maximum number for which the golf cart or utility vehicle is designed. (7) Golf carts shall not be operated subsequent to modifications to increase their capacity for speed (8) Communities that have been authorized to allow golf carts on designated private highways will be responsible for the installation and maintenance of any signs pertaining to the operation of golf carts. (9) The governing body of any community (HOA, POA, etc.) may impose additional restrictions, limitations and requirements on the operations ofgolf carts on designated private highways within its boundaries,provided that the restrictions, limitations or requirements imposed are no less stringent than those contained in this ordinance.In the event that such provision conflicts with any provision of this ordinance, the provision of this ordinance shall be controlling. 10)Golf carts shall be allowed in the following designated areas: (a) Within the boundaries of the Lake Holiday Community— The Summit. §158-18.3 Violations and penalties. A violation of any provision of this article of the Frederick County Ordinances shall constitute a Class 1 misdemeanor and, upon conviction thereof, shall be punishable pursuant to the provisions of§18.2-11 of the Code of Virginia of 1950, as amended. 3 October 31, 2024 Office of Frederick County Attorney 57 N. Kant Street Winchester, VA 22601 Re Golf Cart Ordinance Request on Behalf of Lake Holiday Association To the Office of the County Attorney, On September 12, 2024, Mary Lewia, Acting President, sent you a revised Golf Cart Requirements fist on behalf of the Lake Holiday Board of Directors. Unfortunately, one item was not correctly stated, and we would like to submit a revised requirements I st for addition to the ordinance request. (See attached, Lake Holiday Country Club Golf Cart Requirements, dated 31 Oct 2024). We appreciate your assistance in this matter, and if you would please share with us the status of this request. Please contact Mike Goodwin, Lake Holidays General Manager, at 540-931-0951 with the status or any questions you may have. Thank you. Sincerely, Elizabeth Hair President, Board of Directors Lake Holiday Country Club, Inc. FWDEMCK CoUtM ATTORNEYS orIce NB 19 Z024 RECEIVED Oro Lake Holiday Country Club, Inc. 1045 Lakeview Drive ♦ Cross Junction, VA 22625 ♦ 540-931-0951 Lake Holiday Country Club Golf Cart Requirements (Amended 31 Oct 2024) In addition to limitations set forth in VA Motor Vehicle Code § 46.2-916.3. Limitations on golf cart and utility vehicle operations on designated public highways, golf carts used in Lake Holiday Country Club (LHCC) must adhere to the guidelines provided below: • Golf carts must have a serial number and be registered with LHCC, and renewed on a yearly basis, with proof of proper insurance • Every golf cart must be insured under either a member's homeowners policy or an automobile policy, which must provide insurance against bodily injury, property damage, and medical payment expenses, WITH LHCC BEING NAMED ADDITIONAL INSURED ON THE POLICY • Must be battery operated • Golf carts must be 48v or greater • Must have two mirrors, a sideview and rearview mirror • Must have a seat belt for each seat • LHCC license plate and sticker must be visibly displayed on the back of the golf cart • Must have operable headlights, taillights, brake lights and turn signal • All golf cart operators must pass a safetyluse test every 2 years • LHCC security has the right to enforce all golf cart use requirements and regulations • EACH/EVERY GOLF CART OWNER MUST SIGN A LIABILITY WAIVER, RELEASING LHCC, INC., AND ALL OF ITS OFFICERS, DIRECTORS, AND ANY/ALL EMPLOYEES FROM ANY/ALL LIABILITY ASSOCIATED WITH THE OPERATION OF A GOLF CART ON LHCC COMMUNITY ROADS, AS WELL AS ALL ASSOCIATION PROPERTIES.