Wednesday, July 9, 2003
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Wednesday, July 9, 2003 |
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Chief: 'No Gestapo on cart paths' By J. FRANK LYNCH
"We don't intend to be the Gestapo on the cart paths," Peachtree City Police Chief James Murray told the City Council last week. But, he said, in effect, the law is the law, and it must be enforced no matter how disagreeable it might be. Don't like the law? Work to change it. But in the meantime, obey it. The Peachtree City Council resigned itself to that truth last week as it contemplated how to counter a recent state appeals court ruling that essentially overrides its ordinance allowing unlicensed drivers as young as 12 to operate golf carts. "[This ruling] strikes at the heart of our quality of life," Councilman Steve Rapson said. "Everyone is affected by it." "This is not of our doing or of our choice," said Councilman Dan Tennant. "But this is the hand we've been dealt. Our hands are tied." Support for the city's golf cart fancy has come from every corner. City Manager Bernard McMullen has written a letter to state Rep. Lynn Westmoreland, with interpretation by City Attorney Ted Meeker, outlining McMullen's support for overturning the ruling. City Council voted Thursday night to endorse that letter and authorized city staff to write another on their behalf as well. City officials are hoping that a possible summer special session of the Georgia General Assembly will adopt a golf cart exception for under-16 and other unlicensed drivers. If not summer, then local legislation changing the court ruling will have to wait until next January's regular legislative session. Gov. Sonny Perdue, while powerless to do anything to change the recent appeals court ruling, certainly saw what golf carts mean to Peachtree City on Friday when he rode in the town's Fourth of July Parade. A spokeswoman in his office last week said he was "fully aware" of the issue. But the job of enforcing the law falls to Chief Murray and his officers, and that's what they intend to do, he told council members at Thursday's meeting. "When the court of appeals rules, we have a duty to enforce that law," he said. "We're fortunate to live in a community where 98 to 99 percent of the people obey the law. This is the law." Westmoreland has said he will sponsor legislation in the next session, possibly as early as late summer, to overturn the court ruling and return the power of regulating golf cart drivers to the local level. But Murray said in the meantime, there is no gray area on enforcement. "We can't go on a hope and a prayer and a wink and a nod that it may be changed because it may not be done." Murray said that starting this week, his officers will begin issuing citations perhaps warnings, at first when they encounter golf cart drivers who do not have valid drivers licenses. Of particular focus will be underage drivers. State law still allows 15-year-olds with a learner's permit to drive carts with a licensed driver by their side, but the court ruling bans anyone younger than that from operating them. Murray said his department has received calls from parents expressing support for the ordinance because it gives them an automatic "no" for anxious young teens yearning to get behind the wheel and explore the city's backroads at 14 mph. But he also warned parents of their obligation: "If we stop your kid driving a golf cart, that's your responsibility. You may be charged." According to Peachtree City's ordinance, a parent can be charged along with the child if it is shown the adults knowingly allowed the infraction to take place. The greater concern seems to be for the city's unlicensed drivers of age, young or old, who for whatever reason health, failing eyesight, safety would rather drive golf carts than cars. While they have no firm numbers, city officials say an entire segment of the population has, essentially, been grounded. Murray sought to assuage the city's senior citizen cart enthusiasts: "We don't intend to be a Gestapo on the cart paths, stopping every 80-year-old that comes along," he said. "We don't have the manpower. This is a major decision for us to enforce this, because we don't patrol 80 miles of golf cart paths 24 hours a day, seven days a week." His department will continue to follow the same policy it has in recent years: Monitor the two or three heaviest cart traffic areas in the city a couple of times a week, handing out citations as warranted. Several city council members made an appeal for "common sense" and "sound judgment." Replied Murray, "Please, just get in compliance. That's all we ask." And until the law can be changed, Murray asked residents who do have a license and can operate carts or cars, either one, to volunteer at The Gathering Place or through other senior services groups to make sure that segment of the city's population isn't stranded. "Fine out what the needs are and see that they are met," he suggested. Mayor Steve Brown asked seniors who've been affected by the ruling to come forward with testimony that can be used to support changing it. Councilman Rapson declared the cart ordinance more than just an inconvenience or temporary nuisance and reinforced the value of returning the cart driving privilege to the city's younger set. "We're missing the quality of life issue here," he said. "Your 12-year-old kid driving a golf cart, that's your quality of life. That's one of the reasons you moved here. That's worth fighting for." PTC seeks legislator's help with golf carts [The following are excerpts from a letter written June 27 to state Rep. Lynn Westmoreland (R-Sharpsburg) regarding the Peachtree City golf cart issue:]
Dear Rep. Westmoreland: I am writing on behalf of [Peachtree City] citizens to formally request your support for legislative change to allow municipal authorities to regulate the operation of golf carts on city streets, sidewalks and multiuse paths. Many of our senior citizens are in the process of distributing a petition to ensure they can continue to drive golf carts due to the severe impact the Coker vs. The State ruling has on their mobility and independence, and that information will be forwarded when it is complete. I am also enclosing an e-mail from one of our residents and industry leaders, Mr. Mitch Williams, who provides some observations relation to federal legislation governing this issue. Each of our elected officials has individually expressed their concerns on this matter, and all are very supportive of restoring our original cart driving privileges. Additionally, the mayor and council members will be discussing this item at our July 3 meeting, at which time I believe they will issue a formal endorsement of this request. In the interim, please accept this as our formal request for your assistance. Bernard J. McMullen City Manager
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