Model Ordinance: Motorized Carts and Personal Transportation Vehicles

August 3, 2011

Updated November 29, 2011 to include link to small city model ordinance.
 
During the 2011 Legislative Session, the General Assembly passed legislation, Senate Bill 240, creating a definition for “personal transportation vehicle” in Title 40 of the Official Code of Georgia, dealing with motor vehicles. The new definition greatly overlaps with an existing definition in the same Title of the Code for “motorized cart.” As a result, there has been great confusion as to the implications of the new definition.

While the definitions for motorized cart and personal transportation vehicle in the Georgia Code greatly overlap, they are separate definitions according to the law and, thus, carry with them two very different sets of related law.

The following model ordinance attempts to clarify some of those questions raised by these two definitions and simultaneously provide Georgia’s cities with some guidance so they may become “Golf Cart” cities. GMA has worked with various city attorneys throughout the state and with representatives from the golf cart manufacturing community to come up with this model ordinance. The model should provide some options for cities if they desire to begin to allow motorized carts and/or personal transportation vehicles to be operated in certain public areas of their municipality.

Also, this model ordinance is provided with the understanding that the Georgia Municipal Association is not rendering legal advice or services. Language which is in bold and italicized in this model ordinance is illustrative or informative language and is not meant to be included as language in an actual ordinance. The model ordinance should provide assistance to your city attorney in enacting a motorized cart and/or personal transportation vehicle community.

The model was created solely for educational purposes only and is not intended to be legal advice. Cities should consult with their city attorney to obtain legal advice about a proposed course of action.