Whitewater: Council postpones ordinance allowing golf carts on city streets

By Kim McDarison

The Whitewater Common Council Tuesday postponed the advancement of an ordinance allowing the use of golf carts on city streets. 

The action returns the ordinance to city staff, charging it with crafting language to include several proposed amendments, such as allowing golf carts to travel for “short distances” on city sidewalks. 

After engaging in an hour-long discussion, council approved the motion to postpone the ordinance, which had come before it for its second and final reading, by a 4-3 vote, with council members Jim Allen, Brienne Brown and Greg Majkrzek voting against the measure. 

A first reading was approved during a council meeting held Sept. 20. 

During Tuesday’s discussion, Majkrzek said he had been involved with developing the ordinance for “almost a year.” He noted his disappointment with the council’s decision to postpone its passage. 

The ordinance before amendments 

Language within the ordinance, as presented Tuesday, defined golf carts as “a vehicle designed and manufactured with limited speed capabilities that does not exceed 20 miles per hour on a paved, level surface that is designed and intended to convey one or more persons.” 

The proposed ordinance allows for the modification of golf carts to “allow extra seating in the area originally designed to carry equipment.” 

Additionally, the ordinance defines public roads as “any city road, street or highway located within the city boundaries designed to accommodate motor vehicles,” with the exclusion of state- and county-owned roads. 

Within the document, Business Highway 12, State Highway 59 and Janesville Street are excluded from golf cart use. Golf carts would be allowed to cross those roads at intersections while traveling on city-owned roads. Golf carts would be allowed to operate on city roads at a speed limit of 25 mph or less. Golf cart use is restricted to roads with a posted speed limit of 25 mph. 

All golf carts intended for use on city-owned streets must be registered with the city clerk, language states. Registrations would remain valid for three years. Permits to operate, as provided by the city, must be prominently displayed on the “rear fender of the golf cart,” the ordinance stipulates. 

To receive a permit, the owner of the golf cart must provide, along with identifying information, proof of insurance and “any such other information as may be reasonably required.” 

A valid drivers license is required to operate a golf cart on city streets. 

Golf carts operating on city streets must be equipped with functioning brakes, reliable and accurate steering apparatus, safe and proper tires, a rearview mirror, and red reflectors or tape on the front and rear bumpers. 

Golf carts may only be operated on streets between sunrise and sunset. 

All passengers must be seated. 

Children who are of an age and size that federal law would require them to use child restraint equipment may not ride in golf carts operating on city streets. 

Golf carts must be operated in single file, and as close to the right-hand side of the street as possible. Hand signals when making turns are required. 

Golf carts are not allowed to operate on sidewalks other than when crossing them to access a public road. 

Golf carts may not be operated in areas not designated for motor vehicle use, including public parks, grassy areas and public walkways. An exception, as stipulated in the ordinance, is the University of Wisconsin-Whitewater path between West Schwager Drive and Burr Oak Trail. The exception is followed by language stating: “if it is allowed by the University of Wisconsin-Whitewater.” 

Golf carts must display a “slow moving” emblem as required by state statute. 

All the applicable “rules of the road” apply to golf cart drivers, including those that apply to use of alcohol and traveling with open containers of alcohol. 

Majkrzak reminded council on Tuesday that during its first reading, the ordinance was amended to include a registration process which would require renewal every three years. The registration was developed to provide city officials with the ability to identify golf cart operators using city-owned streets and came with no associated fee. 

Amendments discussed Tuesday 

Councilwoman Jill Gerber, during Tuesday’s discussion, proposed an amendment to language allowing golf cart use on city streets between “sunrise and sunset,” changing it to reflect statutes regarding the use of motor vehicles. Citing state statutes, she said “hours of darkness,” as defined by state statutes, means the period of time from one-half hour after sunset to one-half hour before sunrise and all other times when there is not sufficient natural light to render clearly visible any person or vehicle upon a highway at a distance of 500 feet.

Allen said that the words, sunrise to sunset, were chosen to simplify the language. 

“When I was talking to (City Attorney) Wally (McDonell) about this, the reasons that we thought, at least that I thought we ‘d leave the registration fee zero, and the fines minimum, is that, in case Jill (Gerber) or the chief’s nightmares came true, and that every student on campus bought a golf cart, that this would be our way of controlling it, by registration fees and fines, so it gives us a couple more tools in the box in case something terrible would happen,” Allen said.  

Gerber said she would prefer to see the registration period changed from every three years to annually, and suggested the inclusion of a registration fee of $25. 

“I noticed the other communities were charging $25 annually. I’m not sure why we are offering this at no charge,” she said.  

Additionally, she said, she was confused by the ordinance’s acceptance of golf carts operating on city streets while it excluded low speed vehicles. 

“How is one, such as the police department, to decipher between a golf cart and a golf cart that is a low speed vehicle?” she asked.  

Citing a third concern, she said: “I don’t see the agreement in here that I believe (council member) Lisa Dawsey (Smith) asked you for in regards to use of the sidewalk, or the pathway, from Prairie Village, to be able to access around Fremont Street.” 

Regarding sidewalk use by golf cart operators, she said: “Overall, I’d like to just remove it, if I could, from citywide, and just keep it from Prairie Village down to Fairhaven, but the way its written, it’s citywide.” 

Addressing council from the podium, Whitewater resident Jerry Wendt said he was in support of the ordinance and a provision that would allow him to use a golf cart to travel between two senior care facilities in Whitewater: Prairie Village, 817 Burr Oak Trail, and Fairhaven, 435 West Starin Rd. 

Wendt said he was concerned that the ordinance as drafted in advance of its second reading did not allow use of golf carts on sidewalks. 

“Remember that the big concern is safety and accessibility,” he said. 

He offered four examples of situations where, he said, he believed allowing golf carts to operate on sidewalks would constitute the safest option. In his first example, he talked about another resident, Rollie Cooper, who owned adjoining properties. The resident’s home was on one property and his barn and farm were on the second. Citing the ordinance as written, he said, when Cooper wanted to go from his house to his barn, he would have to drive his golf cart into the street. He argued that Cooper should be allowed to use the sidewalk. 

In his second example, he cited golf carts associated with the University of Wisconsin-Whitewater which travel along Prairie Street. He said the street was very busy, adding: “It would be ridiculous to say, ‘oh, because the ordinance is you can’t be on the sidewalk, you must go out in the street.’ That doesn’t make sense.”  

He next cited his own desire to travel by golf cart between Prairie Village and Fairhaven. He noted his preference to use the sidewalk. 

“It’s 100 times safer,” he said, adding that as his fourth example he would also like to use his golf cart to travel along the various paths along Whitewater Creek. He dubbed the path system “Creekside Parkway,” outlining a path he might use, traveling between North, Starin and Fremont streets. Looking to the future, he said, he believed one day the city would extend the system to County Trunk U. 

“I can think of no practical reason why I cannot take my golf cart or a golf cart owned by Fairhaven and drive it on the Creekside Parkway. It’s safe, and you could only drive on the sidewalk on a very slow speed. We do not want golf carts going 25 mph on sidewalks, absolutely,” Wendt said.  

Offering explanations for the various clauses in the ordinance, Majkrzek said when he began exploring the possibility of writing an ordinance to allow golf cart use on city streets, interest in and support of the idea came first from residents within Fairhaven and Prairie Village. 

During meetings with the two groups of residents, Majkrzek said they expressed a desire to travel by golf cart to the city’s library, weekly market and downtown business district. Majkrzek described restrictions within the proposed ordinance as “appropriate,” further noting a decision to include all of the city’s roads so as not to restrict access within some of the city’s neighborhoods. 

“Sidewalks, when we first brought this up even with the scooters, sidewalks is a big sticking point. We can’t ride scooters — we’re not supposed to — ride scooters on sidewalks … we’re not supposed to ride bicycles on sidewalks, and when we talked about allowing just sidewalks for this, it was a nonstarter with staff. So that’s where we ended up with the streets,” he said. 

City officials and staff participating in developing the ordinance also looked at creating “routes” for carts, he said, adding that “it became very complicated. We were starting to dictate who could go where based on the routes.” 

He described a process used to gain feedback from UW-Whitewater officials, noting that he talked with the university’s risk management team, who, in turn, spoke with the campus police department. Language in the ordinance allows flexibility, Majkrzek said, adding that would there becomes concerns with golf cart use on sidewalks along Fremont Street, the city or the university could revoke the privilege. 

Addressing concerns about low speed vehicles, Majkrzek said he was unfamiliar with the vehicle classification, only  learning of it recently through Gerber. Addressing Gerber, he said: “I think including it in this, I’m not entirely against it, but I would suggest that if you have a strong interest in LSV that you bring an ordinance forward.” 

Majkrzek said he had himself considered adding the “hours of darkness” stipulation as outlined by state statute, and addressing concerns with busy streets, he said he believed golf cart operators would look themselves for less busy alternative routes, ones with which they felt comfortable. 

Assessing traffic on streets, he said: “It’s not busy all the time, It’s busy during certain times, and that’s a true statement for all of our streets.”  

Allen said golf cart use on campus is only allowed on sidewalks. Operators take an online exam and promise to travel at speeds up to 5 mph. 

“So we’re kind of flip-flopping here,” he said. 

According to Allen, when cart drivers encounter pedestrians on campus, the have the option to wait or go around them on the grass. 

“I don’t see that as an issue,” he said, adding: “I sure would like to be able to see them (golf cart operators) use the footbridge and bicycle paths along the creek.”  

Majkrzek suggested approving the ordinance, with the understanding that the issue of adding sidewalks could be discussed at a later date. 

Allen said that was not his preference. 

Responding to questions asked by council, addressing the issue of hours of darkness and language using the words sunrise and sunset, Police Chief Dan Meyer said: “My take is for officers, we’re going to have to look up the specific time regardless of what the decision is to make sure, if we have to cite for it, it’s legitimate. I think the more light, the better, just for safety purposes.” 

Responding to questions about the use of sidewalks, Meyer said: “I would not be in favor of use of sidewalks. My understanding on why that is such a sticking point is because those are intended for pedestrians, and if you are going down the sidewalk, and you come upon a pedestrian, then what? You’re kind of stuck, unless you’re going on someone’s property.” 

During discussion, council members sought to craft language and make amendments that could be included within the ordinance by staff while still allowing it to receive a second-reading vote. 

Interim City Manager John Weidl said that while he did not want to discourage council members from crafting amendments and taking a vote, he did want to remind them that language crafted and approved as an amendment during a second reading would not be brought back before them for approval. 

He described the proposed amendments as “a lot of original language for us to craft,” noting, that adding language to include low speed vehicles could include the addition of a “whole new section. We would be bringing in a lot of definitions and requirements,” he said. 

An option before council was to direct staff to come back with some suggested language.

McDonell also noted that council could vote to pass the ordinance with amendments or it could postpone the second reading and direct staff to prepare language for the amendments and bring it before council at a later date. 

Council voted in favor of postponement.