Cumby golf carts were always allowed, McCarter says

Golf carts will be allowed on the city streets of Cumby, although not by a decision of their city council, after a special meeting on Monday afternoon. 

The item of use of golf carts and side-by-sides was brought to the Cumby Council’s attention after reports of “racing... running stop signs and making all kinds of noise" on side-by-sides at Mill, Second and Green Streets on or before May 4, according to citizen Susan McCollum. 

On May 4, Cumby police released a statement on Facebook which said: "So long as the City has adopted an ordinance authorizing it, a golf cart may be operated in any public highway in the city that has a posted speed limit of not more than 35 miles per hour. But... the City of Cumby has never adopted an Ordinance allowing golf carts to be driven on city streets, therefore golf carts are not allowed."

During May city council, council members discussed creating an ordinance to allow golf carts on city streets. Council member Julie Isham Morris stated she was for such an ordinance, as she said it was effective for the city’s senior population. However, Mayor Doug Simmerman stated he was against an ordinance, as he “[would] really like to think about the liability side of this thing,” he said. 

In May, the council determined to table the issue to re-work wording for a proposed ordinance. 

During the June regular council meeting on June 9, Simmerman, police chief Paul Robertson and Cumby city attorney Jay Garrett presented to the council and citizens that even if the city passed an ordinance allowing golf carts on city streets, they would not be allowed on state highways. Cumby has two such highways which bisect the town, Frisco and Main Street. 

“If the city ordinance is passed… it does not authorize the golf carts to travel upon state highways,” Garrett said. “That could be problematic.” 

“They [those crossing state highways] would be subject to a citation,” Simmerman stated. Robertson agreed. 

Calling such a proposed ordinance “unfair,” Isham Morris stated she did not want to discuss the proposed ordinance any further. 

At a special meeting on June 15, city council member Betty McCarter stated she had consulted state law and the Department of Motor Vehicles regarding golf carts and side by sides on city and state roadways, and came away with a different interpretation of the law than Simmerman, Robertson and Garrett. 

“You can drive them on streets,” McCarter said. “I don’t know Jay [Garrett] if you’ve seen this deal here or not… if you have a tag through the DMV, you have a slow-moving triangle and a 6-foot flag, you can legally drive them on the city streets. I checked that myself with the DMV and that’s where I got the info… where Paul [Robertson] was saying you can’t cross Main Street, [Highway] 499, you can. State law says you can.” 

Former city council member Monty Lackey, speaking as a citizen, read aloud from state law.

“Operation of off-highway vehicles may be operated on public roads… with a posted speed limit of not more than 35 mph, during the daytime and not more than two miles from the location where it is usually parked… to cross intersections, including a road or street that has a posted speed limit of more than 35 mph.” 

Lackey noted exceptions for agriculturalists, law enforcement, and firefighters including volunteer members, who can drive off-highway vehicles in a 25-mile radius from where the vehicles are usually parked. 

“Your state statutes would override the ordinance, is that correct?” Lackey asked. 

“That’s correct,” Garrett answered. Lackey reiterated that Cumby citizens have always been allowed to drive golf carts and side-by-sides on city streets and across highways, as long as it is in the daytime, 35 mph or under, and approximately 2 miles from their home. Garrett again confirmed the point. 

“As long as we follow the state of Texas rules about registering the ATVs and golf carts,” Isham Morris asked, “It is legal and we do not have to have an ordinance?” Garrett confirmed this was true. 

“Technically, all this stuff you were saying you could get a ticket for, you can’t,” McCarter noted. 

“I stand where I talked earlier,” Simmerman said. “I’m not in favor, myself.”

“As long as there’s not a violation of state law, no,” Garrett noted. “We can’t ban them in the city because state law preempts that.” 

With no further discussion, the proposed ordinance was not discussed further.