MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Local and Private Legislation

By: Representative Willis

House Bill 1735

AN ACT TO AMEND CHAPTER 938, LOCAL AND PRIVATE LAWS OF 2012, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF DIAMONDHEAD, MISSISSIPPI, TO DESIGNATE BY ORDINANCE THE ROADS AND STREETS UPON WHICH LOW-SPEED VEHICLES AND GOLF CARTS MAY BE OPERATED; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Chapter 938, Local and Private Laws of 2012, is amended as follows:

     Section 1.  As used in this act, unless a different meaning clearly appears in the context, the following terms shall have the following meanings:

          (a)  "City" means the City of Diamondhead, Mississippi.

          (b)  "Governing authorities" means the Mayor and City Council of the City of Diamondhead, Mississippi.

          (c)  "Golf cart" means a motor vehicle that is designated and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour and is equipped with the safety equipment as required under 49 CFR Section 571.500. 

          (d)  "Low-speed vehicle" means any four-wheeled electric or gasoline powered vehicle that has a top speed greater than twenty (20) miles per hour but less than twenty-five (25) miles per hour and is equipped with safety equipment as required under 49 CFR Section 571.500.

Section 2.  (1)  The governing authorities * * * of the City of Diamondhead, Mississippi, may, in their discretion, authorize the operation of low-speed vehicles and golf carts only on public roads and streets * * * that are as designated by ordinance, within the * * * contiguous Diamondhead Country Club and Property Owners Association, Inc., area, including Kapalama Cove corporate limits of the city.

     (2)  Any person operating a low-speed vehicle or golf cart on the public roads and streets under this act must have in his or her possession a valid driver's license or temporary driver's permit and proof of financial responsibility as required under Section 63-15-1 et seq., Mississippi Code of 1972.

 * * * (3)  Low‑speed vehicles and golf carts may only be operated on Golf Club Drive or Kapalama Drive if the operator is traveling the shortest possible travel distance between his or her residence and the nearest other public road or street authorized for use by low‑speed vehicles and/or golf carts, cart path or golf course cart path.

     ( * * *43)  Low-speed vehicles and golf carts may not be operated * * * in the nonresidential area of the City of Diamondhead, and they may not cross Interstate Highway 10 at the Exit 16 overpass or operated on Interstate Highway 10.

 * * * (5)  Notwithstanding any other provision of law to the contrary, when operated by a person participating in a parade permitted by the City of Diamondhead, low‑speed vehicles and golf carts may be operated on the permitted route of the parade while participating in the parade and are not restricted to the contiguous Diamondhead Country Club and Property Owners Association, Inc., area.

Section 3.  (1)  Every low-speed vehicle and golf cart to be operated, as authorized under this act, on a public road or street shall be required to register the vehicle with the city * * * of Diamondhead.  Upon payment of a reasonable fee that may be charged by the city to cover the costs of administration, a map and a sticker and presentation of proof of financial responsibility and presentation of a valid driver's license or temporary driving permit, the owner of the low-speed vehicle or golf cart shall be issued a registration decal by the county or municipal tax collector that must be displayed on the left rear fender of the vehicle.  The registration shall remain valid for as long as the registering owner owns the low-speed vehicle or golf cart.  The city shall provide the registrant with a map of the * * *contiguous Diamondhead Country Club and Property Owners Association, Inc., areas where low-speed vehicles and golf carts may be operated at the time of registration.  The operator shall be required to have proof of financial responsibility and a valid driver's license in his or her possession at all times while operating the low-speed vehicle or golf cart on public roads and streets of the state.

     (2)  The registration fee imposed under subsection (1) of this section shall be retained by the tax collector and deposited into the county or municipal general fund, as the case may be.

     SECTION 2.  This act shall take effect and be in force from and after its passage.