HomeMy WebLinkAboutORDINANCE No. 20-06-424 - 06/01/2020 - Personal Transportation VehiclesSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-06-424
AN ORDINANCE AUTHORIZING THE CONDITIONAL
OPERATION OF PERSONAL TRANSPORTATION VEHICLES
ON DESIGNATED CITY STREETS
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia, has the power to adopt reasonable ordinances, resolutions and regulations for
the protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, pursuant to O.C.G.A. § 40-6-331(a), the City is authorized to designate, by
ordinance, certain public streets or portions thereof that are under its regulation and control for
the combined use of personal transportation vehicles ("PTVs") and regular vehicular traffic and
establish the conditions under which PTVs may be operated upon such streets or portions thereof,
including without limitation the conditions under which a person may operate PTVs on such
designated streets or portions thereof; and
WHEREAS, pursuant to O.C.G.A. § 40-6-368, joint use of City streets by personal
transportation vehicles and regular vehicular traffic must be limited to streets with a speed limit
of 25 miles per hour or less and only on streets that have been determined by a qualified traffic
engineer to accommodate personal transportation vehicles without adversely impacting traffic
safety or the travel needs of commuters and other users; and
WHEREAS, pursuant to O .C.G.A. § 40-6-331(c), the City shall erect signs on every
highway which comprises a part of the state highway system at that point on the highway which
intersects the corporate limits of the City and this Ordinance shall not be effective unless and until
such signs are properly posted; and
WHEREAS, in the interests of the health, safety, and general welfare of the citizens of the
City, the Mayor and Council desire to exercise their authority to adopt an ordinance authorizing
the conditional operation of PTVs on designated City streets; and
WHEREAS, appropriate notice and hearing on the ordinance contained herein have been
carried out according to general and local law.
NOW THEREFORE, the Council of the City of Milton hereby ordains, while in a regularly
called council meeting on June 1, 2020, at 6:00 p.m ., as follows:
SECTION 1. The Code of Ordinances of the City of Milton, Georgia, is hereby amended
to add a new Article V to be titled "Personal Transportation Vehicles" under Chapter 56 (Traffic
and Vehicles) as provided in Exhibit A attached hereto and incorporated herein by this reference.
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SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. In accordance with O .C.G .A. § 40-6-331(c), signs shall be erected on every
highway which comprises a part of the state highway system at that point on the highway which ·
intersects the corporate limits of the City. Such signs shall be at least 24 by 30 inches in area and
shall warn approaching motorists that PTVs are authorized for use on designated City streets. All
costs associated with such signs shall be funded entirely by the City.
SECTION 4. This Ordinance shall become effective immediately once the required
signage has been properly posted.
SO ORDAINED this the 1st day of June 2020 .
Joe Lockwoo , Mayor
Attest:
Sudie AM Gordon, City Clerk
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EXHIBIT A
THE CODE OF ORDINANCES OF THE CITY OF MILTON, GEORGIA
Chapter 56 -TRAFFIC AND VEHICLES
ARTICLE V. -PERSONAL TRANSPORTATION VEHICLES
Sec. 56-91. -Definitions.
As used in this Article, the following terms and phrases shall have the meaning indicated
unless otherwise specifically provided:
City. The term "city" means the City of Milton, a Georgia municipal corporation.
Highway. The term "highway" or "street" means the entire width between the boundary
lines of every way publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
Licens e or li ce n se to ope rate a motor ve hicle. The term "license" or "license to operate a motor
vehicle" means any driver's license or any other license or permit to operate a motor vehicle
issued under, or granted by, the laws of this state, including:
(A) Any temporary license or instruction permit;
(B) The privilege of any person to drive a motor vehicle whether or not such person holds
a valid license; and
(C) Any privilege conferred upon a person who is not a resident of this state by the laws
of this state pertaining to the operation by such person of a motor vehicle or the use of a
vehicle owned by such person in this state.
Motor vehicle. The term "motor vehicle" means every vehicle which is self-propelled other
than an electric assisted bicycle or an electric personal assistive mobility device (EPAMD) (as
defined in O .C.G .A. § 40-1-1(15.3) and (15.4)).
Personal transportati on vehicle or PTV. The term "personal transportation vehicle" or "PTV"
means any motor vehicle:
(A) With a minimum of four wheels;
(B) Capable of a maximum level ground speed of less than 20 miles per hour;
(C) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and
2006 Heritage Walk Milton , GA P: 678.242.2500 IF: 678.2 42 .2499 info@cityofmiltonga.us I www .ci tyofmiltonga .us
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(D) Capable of transporting not more than eight persons .
The term does not include mobility aids, including electric personal assistive mobility
devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the
express purpose of enabling mobility for a person with a disability . The term also does
not include any all-terrain vehicle or multipurpose off-highway vehicle (as defined in
O.C.G .A. § 40-1-1(3) and (3 3.1)).
Stree t . The term "street" or "highway" means the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
Vehicle. The term "vehicle" means every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting devices used exclusively
upon stationary rails or tracks.
Sec. 56-92. -Conditional Operation Allowed.
Subject to the terms and conditions of this Article, and in accordance with state law,
including but not limited to the Official Code of Georgia, Title 40 (Motor Vehicles and Traffic),
Chapter 6 (Uniform Rules of the Road), Article 13 (Special Provisions for Certain Vehicles), Part
3 (Personal Transportation Vehicles) and Part 6 (Vehicle Transportation Plan), the operation of
personal transportation vehicles shall be allowed.
Sec. 56-93. -Designated Streets Approved for PTV Operation.
Personal transportation vehicles shall only be operated on streets that meet all of the
following criteria:
(a) Are under the regulation and control of the city;
(b) Have a speed limit of 25 miles per hour or less; and
(c) Have been determined by a qualified traffic engineer to accommodate personal
transportation vehicles without adversely impacting traffic safety or the travel needs
of commuters and other users .
Sec. 56-94. -Minimum PTV Equipment Requirements.
All personal transportation vehicles shall be equipped with:
(a) A braking system sufficient for the weight and passenger capacity of the vehicle,
including a parking brake;
(b) A reverse warning device functional at all times when the directional control is in the
reverse position;
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(c) A main power switch. When the switch is in the "off" position, or the key or other
device that activates the switch is removed, the motive power circuit shall be
inoperative. If the switch uses a key, it shall be removable only in the" off" position;
( d) Head lamps;
(e) Reflex reflectors;
(f) Tail lamps;
(g) A horn;
(h) A review mirror;
(i) Safety warning labels; and
G) Hip restraints and hand holds or a combination thereof.
Sec. 56-95. -PTV Operators.
An operator of a personal transportation vehicle shall possess a valid driver's license and
shall comply with the financial responsibility requirements for passenger vehicle operators when
operating a personal transportation vehicle on any public street.
Sec. 56-96. -Use of Lanes.
(a) All personal transportation vehicles authorized by this Article are entitled to full use
of a lane, and no motor vehicle shall be driven in such manner as to deprive a personal
transportation vehicle of the full use of a lane.
(b) The operator of a personal transportation vehicle shall not overtake and pass in the
same lane occupied by the vehicle being overtaken.
(c) No person shall operate a personal transportation vehicle between lanes of traffic or
between adjacent lines or rows of vehicles .
(d) Personal transportation vehicles shall not be operated two or more abreast in a single
lane.
Sec. 56-97. -Street or Highway Crossings.
(a) State Highway s. Personal transportation vehicles may cross streets and highways that
are part of the state highway system only at crossings or intersections designated for
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that purpose and which are constructed as an active grade crossing in accordance with
the Manual on Uniform Traffic Control Devices. PTV crossings shall be indicated by
warning sign Wll-11 of the Standard Highway Signs and be clearly visible in both
directions by vehicles traversing the highway which is being crossed or intersected by
PTVs .
(b) City Str ee ts. Personal transportation vehicles may cross city streets only at crossings or
intersections designated for that purpose .
(c) Crosswalks. No operator of a personal transportation vehicle shall use a pedestrian
crosswalk to cross any street or highway, unless such crosswalk is marked and/ or
designated by the city as approved for PTV use.
Sec. 56-98. -Signage Requirements.
Signs shall be erected on every highway which comprises a part of the state highway
system at that point on the highway which intersects the corporate limits of the city. Such signs
shall be at least 24 by 30 inches in area and shall warn approaching motorists that personal
transportation vehicles are authorized for use on designated city streets.
Sec. 56-99 . -Operation of PfVs on Private Property Not Effected.
This Article shall not apply to the operation of personal transportation vehicles on private
roads or drives except with the consent of the landowner.
Sec. 56-100. -Enforcement.
Any person operating a personal transportation vehicle in violation of any requirement
under this Chapter, including but not limited to this Article, shall be guilty of an infraction,
enforceable by the police department in accordance with section 56-21, and punishable by a fine
as es tablished by law.
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