Milton to list ‘golf carts’ separately in personal transport vehicle code

Staff Reporter

Milton City Attorney Ken Jarrard presents a plan to modify Milton's personal transportation vehicle ordinance to include use of the term "golf cart" at the Milton City Council meeting May 15. Intended to clarify the city's PTV code, the council agreed to Jarrard's suggested changes in a 4-2 vote.

MILTON, Ga. — After months of controversy within White Columns subdivision, a community that bans "golf carts" but not necessarily "personal transportation vehicles," the Milton City Council voted May 15 to modify its ordinance governing the transports.

At stake is the precedent set by city code and how it affects homeowners associations’ covenants across Milton.

Residents of White Columns had complained their homeowners association was using a city ordinance loophole to allow all personal transportation vehicles on their streets, which have gated and non-gated sections. Close to 10 residents came forward during public comment, reiterating the same concerns.

Golf carts and PTVs have carried separate definitions for more than 10 years, when Georgia passed legislation to address access to public roadways and paths. But the covenants for White Columns were written in 1994, before the new nomenclature entered state law.

At the May 15 City Council meeting, Milton City Attorney Ken Jarrard presented examples of neighboring cities that consider "golf carts" as a colloquial term for PTVs and suggested Milton follow suit. In its current code, Milton makes no reference to the term "golf carts," whereas cities like Flowery Branch, Roswell, Woodstock, Canton and Duluth do.

But the code change may not quell the concerns of White Columns residents.

Adam Hollingsworth, secretary of the White Columns Community Association, emphasized Jarrard's previous point, that PTVs and golf carts are not interchangeable under state law.

"We believe that should have been emphasized for all HOA residents and that a change in ordinances does not necessarily translate into a change in private covenants," Hollingsworth said in an interview.

Hollingsworth cited an exchange between Milton Mayor Peyton Jamison and Jarrard at the May 15 meeting, noting the "lack of effect" of the City Council's measure.

Jamison said, "I just want to make sure — no matter what side of this you’re kind of on — that PTVs are still legal on city streets as long as they meet those definitions."

Jarrard responded, "That is correct, Mr. Mayor."

Jarrard said statements from other jurisdictions, which reference "golf cart," are for intent and clarification. They alert citizens that those devices which have been historically described as "golf carts" may operate on city streets, he said, so long as they are modified with required safety equipment.

"I believe it is a means of aiding the citizens in understanding the concept. Almost everybody knows what a golf cart is, right?" Jarrard asked. "But the word ‘PTV’ is not as readily understandable. That is a refined concept of the General Assembly. A ‘golf cart’ is a traditional concept…"

In 2020, the Milton City Council adopted an ordinance that allows personal transportation vehicles on public streets with a posted 25 mph speed limit. The city's PTV ordinance, like state law, requires features like a braking system, a reverse warning device, a main power switch, head lamps, reflex reflectors, tail lamps, a horn, a rearview mirror, safety warning labels, and hip restraints and hand holds.

Two years later, it passed the Personal Transportation Vehicle Plan which proposes multi-use golf cart paths around the city in addition to a registration process for residents who wish to drive PTVs. Drivers must be at least 16 years old and have a valid driver's license.

In a 4-2 vote, the council agreed to Jarrard's suggestion. The modification is intended to provide some clarity to homeowners associations across the city, whose covenants may not include PTV nomenclature.

Jamison and Councilwoman Juliette Johnson cast the dissenting votes. Councilman Paul Moore, a White Columns resident, excused himself from participating.

"It disturbs me a little bit that we have not heard from other neighborhoods," Jamison said. "If we heard from other neighborhoods, I think I would be more inclined to support that."

Before the vote, Mary Cronk was the only non-White Columns resident who provided public comment on the item. She asked the council to thoughtfully consider any unintended consequences of the code change.

"My concern is that this amendment may conflict with covenants of communities other than White Columns," Cronk said.

Around 10 White Columns residents came forward during public comment. All asked for the city code to be modified, and some noted the City Council's posture on interfering in HOA matters — further solidified by a March letter from Jarrard, who said the city's PTV ordinance "should not serve as a bar from such covenants being privately enforced."

White Columns resident Rebekah Jones said, "The first time you got involved was four years ago before the ordinance was crafted… Intentional or not, that involvement was a scheme initiated by one resident to force golf carts onto our private section streets by pushing you to pass a city ordinance to put them on public streets in our non-gated sections."

Other White Columns residents reiterated previous observations of seeing PTVs, or golf carts, carrying children with no seat belt.

Dave Leveille referenced the White Columns HOA Board's lobbying for radar control and speed signs because the board claimed White Columns Drive is the "most dangerous street in Milton," where he resides. He said the signs have multiple recordings of speeds over 70 mph, according to a recent speed survey.

"My wife and I may be in the minority with this example, but we still have a home phone. Many people now call that a landline. But that doesn't make it any less of a phone," Leveille said. "And a PTV is just a golf cart with modifications, but it's still a golf cart."

Reach Amber Perry at 770-847-8334. Follow her on Twitter @ambermarieperry.

Staff Reporter