A. Update/Discussion/Overview – Proposed Rules – Regulation of the use of golf carts in the City of Benton.
An ordinance of the City of Benton, Arkansas that permits the operation of golf carts on certain streets of the city, and defines and governs the applicable rules of operation.
WHEREAS, the Benton City Council has decided to allow the use of golf carts on certain city streets; And
WHEREAS, pursuant to Arkansas Code 14-54-1410, within the scope of the municipal affairs and powers of any municipality in the State of Arkansas, any owner of a golf cart must be authorized by municipal ordinance to operate on the municipality’s city streets; provided, however, that you do not work on city streets that are also designated as federal or state highways or county roads;
(B) In these rules, the term “operator” means the driver of a golf cart subject to this rule;
(A) Golf carts may be driven on any city street with a speed limit of 25 mph or less, provided such streets are not excluded by Arkansas Code 14-54-1410;
(B) Golf carts must not be used on city streets that are also designated federal or state highways or county roads pursuant to Arkansas Code 14-54-1410;
(C) Prohibit riding golf carts on any sidewalk, recreational path, trail, or any place normally used for walking;
(D) Golf carts may also be prohibited in some communities in accordance with the rules of the Property Owners Association (POA) of that community, which monitors and enforces the prohibitions specified in this POA.
B. Drive no faster than fifteen (15) miles per hour, regardless of posted speed limit;
F. If the operator’s golf cart is not equipped with turn signals, turn using standard hand signals;
People who violate these restrictions can be prosecuted and fined up to $100 for the first violation and $250 for the second violation.
Community Development Director John Parton provided the email along with the tax agreement in his package. In reviewing the information, it was said that they would disclose listings throughout the city, provide adequate data, annual checks, and obtain confirmation from landlords that they would collect A&P taxes on behalf of the city. Mr. Parton said he forwarded the information to City Attorney Baxter Drennon and advised that the documents be reviewed and agreed upon before proceeding. It was also mentioned that prior to the meeting Mr. Parton received an email stating that the software was to be built in January and the collection could start no earlier than February 1st. Board member Geoff Morrow asked what the tax rate is for Air B&B hotels, which is 1.5%, the same tax as short term hotels/motels. Council member Shane Knight suggested that they would speed up the process in that case, and he would be more willing to tackle it now because if it comes to the state legislature, there is scope for multiple changes to be made so the city can include Air B&B can be taken away from the city. Council members discussed/interpreted how the ruling should be presented.
Councilman Knight has filed a motion to refer the matter to the council to give Mr. Parton and Attorney Baxter Drennon time to come up with a language that is consistent with our ruling. Council Member Hamm supported the proposal. The movement continues.
John Parton said he took some information and advice and removed the specifications that golf carts should have. Standard golf cart recommended, no registration required. Restrictions include a ban on driving faster than 15 mph and a reduction in seat size from six passengers to four, provided they have four seats including the driver. John indicated that the language would be changed from whatever, and the statue would be corrected. Questions were also raised about whether the council was satisfied with the performance of the golf carts at night. Council member Baptist said the golf cart rules were a bad idea and dangerous. Commissioner Knight said it would make more sense if golf carts were limited to golf course communities, rather than allowing golf carts to drive on the same playing fields as cars on our city streets. Councilman Hamm said he would have no problem using golf carts on our streets, which he says are well equipped and safer than bicycles. Councilman Brown asked Chief Hodges if it would be preferable to his department and officers if the council limited golf cart space, and if he had an opinion for or against it. Commissioner Hodges responded that as long as the ordinance was in place he did not allow night driving and he would have to go back and check the areas people could travel in and the speed limits. It would be more convenient for him if night travel were specific to certain regions. Commissioner Hodges said he would like the driver’s age to be included in the now unspecified ordinance.
Council Member Hart suggested revisiting this issue at the next meeting. Council member Morrow supported the proposal. The movement continues.
John Parton said the Yuma Street rezoning application had been filed with the city council with a number of issues that needed to be resolved. Mr. Patton thought it best to send him back to the committee to discuss and decide the issue.
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Jonathon Hope of Hope Consulting stepped up to the podium to say that his firm had applied for a rezoning at the corner of Highway 183 and Yuma. This is a 2-acre lot fronting the street in the town of Tyre, about 175 feet west of the fire station next to Dollar General. He pointed out that the plot in question is 100% commercial property. He said that this is not an ideal place to build a house alone. He said he recommended
As for the business district, it was submitted to the planning committee and approved, and then submitted to the city council before submission. He will be present and answer any questions that may arise to get him back on track for board approval. Councilman Knight said he was the one who asked for the petition because there were no plans initially as to what type of commercial development the property would be. This worries the residents of the back of Yuma. Take the time to try and attract a potential commercial development for a small grocery store to view the property and contact the owner, Mr. Davis, to see if this is possible and suitable. Knight’s council member understands that the developer has not had the opportunity to go out and see if his store is suitable for this property. At this time, he felt that this case would not be and should be returned to the owners and engineers. According to Mr. Hope, there are still no plans, which is not unusual in rezoning. They just suggest using this property. Owner Caleb Davis approached the podium and said that once they went through the zoning process, they would start making plans. He said he had some ideas, but he just wanted to make sure they went through the current process before planning the venue. Councilman Hart asked if they planned to leave Yuma’s or Edison’s entrance. Because the house is at 709 Yuma Street, it has about 300 to 400 feet of freeway frontage, Mr. Davis said. He thought maybe the address could be changed to something on Edison, yes, the easiest way to get there is from Highway 183. Commissioner Knight said the reason he had Hume’s address was because currently it is zoned as residential. Residential zoning can only have residential street addresses, not highways or interstates. Commissioner Knight asked Mr. Davis to understand from the residents’ point of view that when a property is in zone C-2, it is open to anything that fits the zone, and they won’t know about it until site plans are submitted. through P&Z, residents will not have voting rights.
Council Member Knight suggested that the matter be brought back to the Council for discussion from the apartment building at C-2. Council Member Hamm supported the proposal. The movement continues.
Filed Under: Benton, Events Tagged With: agenda, benton, city, committee, community, council, event, meeting, service
Thanks for the article, Becca. I wanted to ask if you have any new information about the rules for using golf carts? I couldn’t find anything on the city’s website.
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Post time: Feb-22-2023