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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 sample ordinances, agreements, job descriptions and other documents listed here are provided as examples only and should not be utilized until a thorough analysis of the respective document has been undertaken by the city.

Job descriptions should be written with the assistance of an attorney, industrial psychologist, or consultant skilled in content validity procedures and aware of the potential legal ramifications of job descriptions as imposed by the Fair Labor Standards Act and the Americans with Disabilities Act.

Model and sample ordinances, agreements and other documents are provided for educational purposes only and are not intended to be legal advice. Cities should consult with their city attorney to obtain legal advice about a proposed course of action.