ORDINANCE NO.  564

AN ORDINANCE IN EXISTENCE FOR THE DURATION OF THE GRANADA/HOLLY POLICE DEPARTMENT PROVIDING FOR THE USE OF MOTORIZED GOLF CARTS, NEIGHBORHOOD ELECTRIC VEHICLES, FIELD UTILITY VEHICLES, AND ALL-TERRAIN VEHICLES ON TOWN OF HOLLY STREETS

WHEREAS, many residents of the Town of Holly own golf carts, neighborhood electric vehicles, field utility vehicles, and all-terrain vehicles; and

WHEREAS, the Town Board of Trustees has determined that the operation of golf carts, neighborhood electric vehicles, field utility vehicles, and all-terrain vehicles on public streets should be regulated by the Town; and

WHEREAS, the Town of Holly did not make any change to original Granada Ordinance No. 2018-004 except grammatical.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, PROWERS COUNTY, COLORADO:

Use of motorized golf carts, neighborhood electric vehicles, field utility vehicles and all-terrain vehicles.

  1. Definitions

1.    “Roadway” means that portion of a Town highway, road, alley or right-of-way improved, designed, or ordinarily used for vehicular travel or parking.

2.     “Golf carts” are defined as self-propelled vehicles, which are designed for and which are generally and commonly used to transport persons and property, that meet the equipment standard set forth herein and has a speed attainable in one mile that does not exceed twenty-five (25) miles per hour.

3.     “Neighborhood electric vehicles” are defined as self-propelled vehicles, which are designed for and which are generally and commonly used to transport persons and property, that meet the equipment standard set forth herein and has a speed attainable in one mile that does not exceed twenty-five (25) miles per hour.

4.     “Field utility vehicles” are defined as self-propelled vehicles, which are designed for and which are generally and commonly used to transport persons and property, that meet the equipment standard set forth herein and has a speed attainable in one mile that does not exceed twenty-five (25) miles per hour.

5.     “All-Terrain vehicles” are defined as self-propelled vehicles, which are designed for and which are generally and commonly used to transport persons and property, that meet the equipment standard set forth herein and has a speed attainable in one mile that does not exceed twenty-five (25) miles per hour.

  1. Permit process

1.    Permits. Authorization to operate motorized golf carts, neighborhood electric vehicles, field utility vehicles and/or all-terrain vehicles on Town streets is by permit only. Permits shall be issued by the Chief of Police or his designee. Any person holding a valid, current driver’s license may apply for a permit. All permits shall expire annually on June 1, unless renewed in a manner established by the Chief of Police or Town of Holly Board of Trustees. The fee for a permit shall be fifteen dollars ($15.00). Permit designator shall be attached to the right side rear of the golf cart, neighborhood electric vehicle, field utility vehicle and/or all-terrain vehicle. The Town of Holly Board of Trustees may amend the permit fee from time to time by resolution or ordinance.

2.    Permit applications. Each application for a permit to operate a motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle on the Town roadways or streets shall include:

a.       The name and address, including PO Box, of the applicant.

b.      Such other information as the Chief of Police or Town of Holly Board of Trustees shall require.

c.     The Town of Holly Police Department shall conduct an inspection of the golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle prior to issuance of the permit to assure that the vehicle has all required equipment.

d.     In addition, each permit application, whether for an initial permit or a renewal, shall be accompanied by evidence of insurance coverage of the type and amount set forth in section C (3) of this Ordinance.

3.     Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than three hundred dollars ($300.00), and/or ninety (90) days in jail or a combination of fine and jail.

4.     Revocation or modification of permits. A permit issued under subsection (b) may be revoked or modified at any time by the Chief of Police or Town of Holly Board of Trustees if there is evidence that the permit holder cannot safely operate a motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle on the roadways or streets within the Town of Holly. For purpose of this section, the commission of any of the violations described in subsection (e) of this section constitutes evidence that the violator cannot safely operate a motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle on the roadways or streets within the Town of Holly.

5.     Appeal. Any person whose permit to operate a motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle has been revoked may appeal the revocation to the municipal court judge. Appeals shall be submitted in writing to the municipal court judge within twenty (20) days of the date of revocation.

  1. Required equipment

1.      All golf carts, neighborhood electric vehicles, field utility vehicles or all-terrain vehicles shall be equipped with:

a.       Headlamps

b.      Front and rear turn signal lamps.        b. section is repealed

c.       Tail lamps and stop lights

d.      A rear-view mirror or mirrors

e.       A parking brake

f.        A front windshield

g.      Seat belts for each occupant

h.      Two rear reflectors as either part of the tail lamps or separate equipment

i.        The vehicle has a minimum height of twenty-eight inches (28”) from the ground up to the seating surface

j.        Displays “slow moving vehicle” emblem, which is reflective

k.     One (1) four-foot long pole with a red safety flag attached at the top of the pole and the pole properly mounted on the rear left side of vehicle

2.      The number of persons in the golf carts, neighborhood electric vehicles, field utility vehicles, or all-terrain vehicles shall be limited to the number of seats in or on the vehicle.

3.      Insurance. Before operating or permitting the operation of such golf carts, neighborhood electric vehicles, field utility vehicles and/or all-terrain vehicles, each owner shall obtain and carry a liability insurance policy, issued by an insurance carrier authorized to do business in the State of Colorado which covers golf carts, neighborhood electric vehicles, field utility vehicles, and/or all-terrain vehicles operating on public streets with a minimum sum of $100,000 for damages to property of others, a minimum sum of $100,000 for damages for or on account of bodily injury or death of one person as a result of any one accident; and, subject to such limit as to one person, a minimum sum of $300,000 for or on account of bodily injury to or death of all persons as a result of any one accident.

D.  Traffic Regulation

1.   Golf carts, neighborhood electric vehicles, field utility vehicles, and/or all-terrain vehicles are allowed to travel on the following streets: Park Street, Santa Fe Street, County Road 35, and 1st Street.

      NOTE: the only LEGAL CDOT-approved crossing for Highway 50 is at 10th Street.

2.  Unlawful Acts. It is unlawful for any person to operate a motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle on the roadway of any street within the Town of Holly where:

a.   the operator does not have in his possession a valid, current and unrevoked driver’s license;

b.   the operator does not have in his possession a valid, current and un-revoked permit issued to the operator by the Town of Holly Police Clerk;

c.   the motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle is operated at night between sunset and sunrise, without having working and attached: required headlamps, brake lamps, tail lamps, four-foot pole with red flag at top and slow moving vehicle triangle;

d.   the motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle is being operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred (500) feet;

e.   the motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle is not equipped with the required equipment described under C. 1.;

f.    the operator does not have current insurance coverage as provided in C. 3.;

g.   the operator fails to observe all traffic laws and regulations, except when those provisions cannot reasonably be applied to motorized golf carts, neighborhood electric vehicles, field utility vehicles, or all-terrain vehicles;

h.   all alcohol or drug related violations will be pursuant to the Colorado Revised Statutes;

i.    the motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle is being operated on a sidewalk;

j.    the motorized golf cart, neighborhood electric vehicle, field utility vehicle, or all-terrain vehicle is being operated on a sidewalk as a handicap mobility vehicle.

Paragraph 1. All ordinances, resolutions, bylaws and regulations of the Town of Holly in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw or regulation, or part thereof, heretofore repealed.

Paragraph 2. If any section, paragraph, clause or provision of this Ordinance shall be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other provision of this Ordinance.

Paragraph 3. This Ordinance shall be in full force and effect 30 days after publication, following final passage. This Ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and the Town Clerk, and shall be published in accordance with law.

INTRODUCED, READ IN FULL, AND PASSED on this 9th day of September, 2025, in accordance with the laws of the State of Colorado. (First Reading)

TOWN OF HOLLY, COLORADO

/s/   Vance Brian, Jr., Mayor

ATTEST:

/s/   Cynthia S. Humrich, Town Clerk/Treasurer

INTRODUCED, READ IN FULL, AND ADOPTED ON SECOND READING this 1st day of October, 2025 in accordance with the laws of the State of Colorado.

TOWN OF HOLLY, COLORADO

/s/   Vance Brian, Jr., Mayor

ATTEST:

/s/   Cynthia S. Humrich, Town Clerk/Treasurer