GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    2

HOUSE BILL 320

Committee Substitute Favorable 3/11/09

Short Title:        Regulation of Golf Carts by Local Governments.	(Public)
Sponsors:
Referred to:

February 26, 2009

 A BILL TO BE ENTITLED

AN ACT to allow all units of local government to regulate golf carts.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A‑245. Regulation of golf carts on streets, roads, and highways.

(a) Notwithstanding the provisions of G.S. 20‑50 and G.S. 20‑54, a county may, by ordinance, regulate the operation of golf carts on any public street, road, or highway within the county that is located in any unincorporated areas of the county or on any property owned or leased by the county.

(b) By ordinance, a county may require the registration of golf carts, charge a fee for the registration, specify who is authorized to operate golf carts, and specify the required equipment, load limits, and the hours and methods of operation of golf carts."

SECTION 2.  G.S. 160A‑300.5 is repealed.

SECTION 3.  Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A‑300.6. Regulation of golf carts on streets, roads, and highways.

(a) Notwithstanding the provisions of G.S. 20‑50 and G.S. 20‑54, a municipality may, by ordinance, regulate the operation of golf carts on any public street, road, or highway within its municipal limits or on any property owned or leased by the municipality.

(b) By ordinance, a municipality may require the registration of golf carts, charge a fee for the registration, specify who is authorized to operate golf carts, and specify the required equipment, load limits and the hours and methods of operation of golf carts."

SECTION 4.  Section 1(a) of S.L. 2001‑132 reads as rewritten:

"SECTION 1.(a)  With the exception of any provisions prohibiting or regulating the operation of private golf carts, theThe provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor vehicles are applicable to the streets, roadways, and alleys on the properties owned by or under the control of the West Side Landowners Association, Inc., or the members of the West Side Landowners Association, Inc. For purposes of this act, streets, roadways, and alleys in the Seven Lakes West Community shall have the same meaning as highways and public vehicular areas pursuant to G.S. 20‑4.01."

SECTION 5.  Section 6 of S.L. 2001‑356 is repealed.

SECTION 6.  Section 1 of S.L. 2003‑124, as amended by S.L. 2004‑58, S.L. 2007‑204, and S.L. 2007‑259, reads as rewritten:

"SECTION 1. Notwithstanding the provisions of G.S. 20‑50 and G.S. 20‑54, the Towns of Beech Mountain, North Topsail Beach, and Seven Devils, and the City of Conover may, by ordinance, regulate the operation of golf carts and utility vehicles on any public street or road within the City or Town. By ordinance, the City or Town may require the registration of golf carts and utility vehicles, specify the persons authorized to operate golf carts and utility vehicles, and specify required equipment, load limits, and the hours and methods of operation of the golf carts and utility vehicles."

SECTION 7.  Section 1 of  S.L. 2004‑38 reads as rewritten:

"SECTION 1. With the exception of any provisions prohibiting or regulating the operation of private golf carts, theThe provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor vehicles are applicable to the streets, roadways, and alleys on the properties owned by or under the control of the Lake Toxaway Property Owners' Association, Inc., or the members of the Lake Toxaway Property Owners' Association, Inc. For purposes of this act, streets, roadways, and alleys in the Lake Toxaway Community shall have the same meaning as highways and public vehicular areas pursuant to G.S. 20‑4.01."

SECTION 8.  Section 1 of  S.L. 2005‑11, as amended by S.L. 2007‑18,is repealed.

SECTION 9.  Section 3 of S.L. 2005‑11, as amended by S.L. 2006‑149, S.L. 2006‑152, and S.L. 2007‑18, reads as rewritten:

"SECTION 3. Section 1 of this act applies only to the Towns of Benson, Bladenboro, Chadbourn, Clarkton, Elizabethtown, Four Oaks, Rose Hill and Tabor City. Section 2 of thisThis act applies only to Moore County."

SECTION 10.  Section 9.4 of the Charter for the Town of Cary, as enacted by Section 1 of S.L. 2005‑117, is repealed.

SECTION 10.  S.L. 2006‑27, S.L. 2006‑149, S.L. 2006‑152, S.L. 2007‑18, S.L. 2007‑72, S.L. 2007‑336, and S.L. 2008‑71 are repealed.

SECTION 11.  Section 5.2 of the Charter for the Town of Whispering Pines as enacted by Section 1 of S.L. 2008‑105, is repealed.

SECTION 12.  This act becomes effective October 1, 2009.