205-14 INCORPORATION OF STATUTES
The provisions of MN Statute 169.045 are herewith incorporated by reference.
205-15 USE OF CITY STREETS
Motorized golf carts may be operated on all City streets only when a permit has been obtained pursuant to this ordinance and the terms of this ordinance are complied with.
205-16 APPLICATIONS
Subd. 1 Application Form
Each application for a permit required by this chapter shall be made at the Kellogg City Office
Upon such form as may be prescribed by the City, and shall be executed by the applicant
Subd. 2 Each application for a permit required by the provisions of this chapter shall include the
Following:
1. Date of application
2. Name and address of applicant and any other authorized drivers.
3. Nature of the applicant’s physical handicap, if any.
4. Model name, make, year and serial number of the motorized golf cart.
5. Proof that the applicant and other authorized drivers are at least 16 years of age and have a valid driver’s License.
6. Proof of valid Insurance Company, policy number and liability limits. Insurance must be in applicant’s name.
7. Annual permit fee in an amount that may be prescribed from time to time by resolution of the City Council.
8. Such other information as may be required.
The applicant must provide all information required above prior to being issued a permit.
Subd 3 False Statements
It is unlawful for any person to intentionally make any false statement or to intentionally omit
Any required information in the completion of any application form. Any such false
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Statement or omission shall render such application, or any permit issued pursuant thereto,
Invalid and of no effect.
205-17 PERMITS
Subd. 1 Issuance
Permits issued pursuant to this Section shall be issued by the City or its designated representative upon a determination that all conditions precedent to the issuance or renewal of the permit have been met including the payment of the applicable fees and proof of insurance.
Subd. 2 Appeal
A person aggrieved by the denial of a permit or the imposition of terms in connection with the granting of a permit may appeal such action to the City Council. To appeal a decision, the applicant must file a written notice of appeal with the City Clerk within five (5) days of being informed of the decision to deny the issuance of a permit or the terms upon which the permit will be issued. The City Council will then review the decision to determine whether or not such action was correct. The City Council may, in connection with its review of the action either affirm, reserve or modify the actions. That applicant shall be advised by mail of the date and time that the Council will hear the applicants appeal.
Subd. 3 Term
Except as is otherwise specifically provided, each permit issued pursuant to the provision of this chapter shall expire on the 31st day of December immediately following such issuance.
Subd. 4 Transfer Permit
No permit issued pursuant to this chapter shall be transferable by the permitee to another person.
Subd. 5 Duplicate Permits
The City or its designated representative shall issue a duplicate for any permit issued pursuant to this chapter, upon the filing of any affidavit of the permit holder stating that the original permit was lost or destroyed, and upon payment of a duplicate permit fee. Each duplicate permit shall be clearly marked as a duplicate. The duplicate permit fee shall be set from time by resolution of the City Council.
Subd. 6 Suspension and Revocation
The Chief of Police may either suspend, a permit up to sixty (60) days, or revoke any permit issued pursuant to this chapter, for good cause, including a finding that the applicant or any authorized driver has failed to comply with any
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applicable statute, regulation or ordinance relating to the operation of the
permit holder.
Subd. 7 Automatic Revocation
No permit issued or renewed pursuant to this chapter shall be deemed valid until all permit fees have been fully paid and any required insurance provided. Any permit issued or renewed upon payment by a check shall be deemed conditionally issued until the City has received final credit to its bank account in the full amount of such permit fees. In the event the check tendered by the applicant is dishonored or refused by any financial institution, such provisionally issued permit shall be deemed void as of the date of the check’s dishonor or refusal by a financial institution.
205-18 OTHER REQUIREMENTS
1. All motorized golf carts permitted for use on City streets must have the following equipment attached and maintained in good working order:
1. Brakes
2. Slow moving vehicle emblem described in MN Statutes 169.522
3. Rear view mirror
2 .Every person operating a motorized golf cart has all the rights and duties applicable to the driver of any other vehicle under the provisions of Chapter 169 of Minnesota Statutes, except when these provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in MN Statutes, Section 169.045, Subd. 7.
3. Motorized golf carts may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather,smoke ,fog, or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
4. The Chief of Police may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of his ordinance or Chapter 169 of MN Statutes, or if there is evidence that the permit holder cannot safely operate the motorized golf cart.
5. If a permitted vehicle is disabled through mechanical failure or for needed repairs, the permit may be temporarily transferred to another golf cart for a 7 day period with written notice to City office.
6. All permits shall be issued for a specific golf cart and individual. The current permit shall
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be visible on the left rear of the Golf Cart.
7. A permit will not be issued to any person whose driver’s license has been suspended or revoked due to a DWI or if there is evidence that the operator cannot safely operate a golf cart.
205-19 LIABILITY
1. Nothing in his ordinance shall be construed as an assumption of liability by the city for any injuries to persons or property which may result from the operation of a motorized golf cart by a permit holder or the failure by the City to revoke said permit.
2. All golf carts and their drivers must carry liability insurance with limits as required by Minn. Statute §65B.49 sub 3 at all times when operating a golf cart on a public street.
205-20 VIOLATIONS
A. Any person violating any provision of this ordinance shall be guilty of a misdemeanor.
205-21 EFFECTIVE DATE: This Ordinance shall be effective upon publication.
205-22 SUMMARY APPROVED
The Council herby determines that the text of the summary of this ordinance marked “Official Summary of Ordinance Chapter 205, Article III,” and a copy of which is attached to this ordinance, clearly informs the public of the intent and effect of this ordinance. The Council further determines that publication of the title and this summary will clearly inform the public of the intent and the effect of this ordinance. The Clerk shall file a copy of this ordinance and the summary in the Clerk’s office which shall be available for inspection by any person during regular office hours.
Passed by the Council this _______, day of _________________, ________.
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Dated