Key Biscayne Village Council members Tuesday night approved Police Chief Frank Sousa’s golf cart amended regulations despite having favored harsher penalties, stricter regulations on the main thoroughfare, and, in one case, no nighttime driving.
“This is not perfect, but it’s progress,” Council member Luis Lauredo said, praising the administration for its efforts to engage the public regarding the dangers of golf carts on city streets.
Councilman Ignacio Segurola, whose motion calling for golf carts to be banned from dusk to dawn died without a second, said: “I appreciate this effort and it could be a step in the right direction … If you add what we discussed (previously) you’d have real teeth (in these regulations).”
Among the changes in Article II of Chapter 26 of the Village Code titled “Golf Carts,” penalties will be enforced for:
– Driving without a valid driver’s license;
– Driving without a current Village issued permit affixed to the golf cart; and,
– Carrying more passengers than those for which the golf cart was designed.
All equipment violations will be enforced by Uniform Traffic Citation under Florida State Statute. The fine for any violation is $75 for the first offense and $175 for a second offense.
The vote passed 6-1, with Councilman Ed London casting the “nay” vote, saying “It’s a waste of time and money to have carts inspected every year.”
Sousa, however, called it a “matter of safety” to make sure the headlights or tail lights are properly working. He added that it’s also a chance for officers to meet golf cart operators face-to-face and reinforce the rules, while collecting the $15 fee.
The Key Biscayne Police Department will hold an “education campaign” on the revised ordinance until April 25. Then, actual enforcement of the rules will begin.
Sousa, in an official department document released Wednesday, wrote: “The department reminds all golf cart operators to drive in a safe manner and to only drive on Crandon Boulevard for the purposes of crossing an intersection or to reach the next immediate intersection. It is not permissible to drive a golf cart the length of the roadway.”
Sousa has been working on golf cart safety since taking over the chief role last fall, and he’s collaborated with Village Attorney Chad Friedman to find what they believe is the right balance.
With these new regulations,”it gives us the ability “o enforce the Village ordinance, rather than state statutes,” he told Council members, preferring “not to rule our youth with iron fists,” in most cases.
He pointed to an example of stopping a 16-year-old driver for driving without a license. Instead of the state hitting him with a $185 ticket, the Village’s first offense would be $75.
“I want to collaborate with our youth,” said Sousa, who indicated that parents would be notified in almost all cases. Sometimes the child will even be driven home by the officer. “There’s always ramifications for your actions.”
The amended rules do allow the officer to either go the Village route or the state route, he said, adding that “it gives our officers options to build relationships and engage youths.”
The Village plan certainly would be less confining to young offenders. “If they don’t pay their ($75) ticket (within 30 days), it’s not going to impact their ability to get a driver’s license (as it would under state laws),” the chief explained.
Council member Allison McCormick wasn’t in total agreement, saying, “I feel that stricter is way, way better. I think they should be … responsible, like driving a car. I always felt the harsh penalty (is more effective).” However, she said, she’d support Sousa’s proposal “if this is the tool your officers need to (get a handle on the golf cart problems).”
In a worst-case scenario, if tickets are not paid, a lien eventually could be placed on the golf cart owner’s property, and it applies to renters, too, with the property owner being ultimately responsible, Friedman said.
Vice Mayor Brett Moss said the police department’s enforcement of rules already has been working. “I have friends who say they’re getting stopped … so they are getting educated,” he said.
Asked about how to keep golf carts from traveling along Crandon Boulevard, Sousa said “it’s a little trickier” since it’s part of a county road, but he expects to see more officers out of their cars.
Councilman Frank Caplan said, “I think we need to revisit the pros and cons (on Crandon regulations) … we have a state park you can’t get to without riding on Crandon.””Mayor Mike Davey said the biggest issue for golf carts is along Crandon Boulevard.
“One speeder, lights low (on carts) … there is that potential for an accident,” he said.””The regulation on Crandon must be stepped up.”