Myrtle Beach moves forward with mo-ped, golf cart ordinance

Tourists under 18 years old hoping to rent mo-peds, scooters and golf carts in Myrtle Beach will soon have to prove they can operate the vehicles and have a parent or legal guardian sign for them before they can rent their rides under a new city ordinance that passed a first reading Tuesday.

Video taken recently from a city traffic camera at the corner of Mr. Joe White Avenue and Kings Highway illustrated what Myrtle Beach City Manager John Pedersen said has been a problem with mo-peds in the city.

Slow-moving rentals such as mo-peds, golf carts and scooters have become popular with tourists, causing the rented vehicles and the shops who rent them to multiply. And that “proliferation” has led to traffic safety issues, according to city leaders who have debated since January a proposed ordinance aimed to help them understand and limit that growth.

“This is basically what I saw at lunch on Friday and I thought it kind of illustrated the need for this (ordinance) when I noticed what seems to be kids on spring break on rented mo-peds,” he said, cuing up the video.

It showed a group of seven young mo-ped riders attempting to beat traffic in unison as they u-turned nearly two-by-two in front of a turning car that was brought to an abrupt stop.

“Whoa. They’re not even stopping,” a man said in the audience of a Tuesday morning Myrtle Beach City Council workshop where the video was played. No one was injured. The car let the mo-peds pass, but the video gave a glimpse into what city leaders say is a common problem evident over the Memorial Day holiday and throughout the summer.

“I think that kind of illustrates the reason why this ordinance is in front of you,” Pedersen told the council members.

Council approved the first reading of an ordinance that puts new restrictions on rental agencies in efforts to make sure the rented vehicles and the drivers who operate them are aware of the laws and are operating safely.

More than a dozen agencies in the city offer mo-peds, scooters and golf carts for rent each year. Several more rental agencies pop up each summer.

“The purpose of the law is to bring some order out of chaos with some of these alternative forms of vehicles that have proliferated” on city streets, said city attorney Tom Ellenburg, who drafted the legislation. “Perhaps this will cut down on some of these unsafe situations that we’re seeing.”

Ellenburg presented his third draft of a proposed ordinance that requires businesses that rent mo-peds, golf carts, scooters and low-speed vehicles to inspect, inventory and register each of their vehicles with the city’s police department on an annual basis.

Each rented vehicle would require a decal to operate in the city, but a provision that went beyond state law to require all renters to wear colored vests to indicate a rider’s age hit a roadblock.

“I would be hesitant to require … something different than what state law requires now,” Councilman Mike Lowder said at the morning workshop.

At a council workshop two weeks ago, Jack Scoville, Jr., a lawyer of 39 years representing one of the city’s largest mo-ped rental agencies, reminded the council of the last time the city passed an ordinance that conflicted with state law.

The city council enacted a law in 2006 that required all operators and passengers on mo-peds, scooters and motorcycles over the age of 21 to wear helmets. The law was later struck down by the South Carolina Supreme Court when it was found to have superseded the state law, which only requires helmets for those under 21.

The council had considered requiring rented mo-ped operators to wear vests, but dropped that plan because vests aren’t required state law and would have only been required of renters in the city.

Lowder said he couldn’t buy into the colored vest requirement.

The council approved the first reading, striking the vest requirement.

The drafted legislation was inspired by an abundance of golf carts and mo-peds that clogged the 23-mile traffic loop during last year’s Atlantic Beach Bikefest over Memorial Day weekend.

The council delayed action on the ordinance at its last meeting two weeks ago after Scoville noted “some serious issues that need to be addressed” in the proposed legislation.

Among other things, Scoville said, the ordinance was “extremely intrusive into the business practices” of his client, Moped Rentals of Myrtle Beach and Rent Me Superstore owner Ben Robinson.

Robinson has about 400 mo-peds in his fleet, operates seven locations and has about 20 full-time employees.

The revised ordinance strikes a provision requiring rental agencies to maintain $300,000 of insurance on each conveyance, which Scoville said went beyond any state requirement and would have cost his client a fortune.

Ellenburg said the intent of the ordinance was not to harm businesses, but to partner with agencies to help the city make sure the roads are safe for all. Rental agencies are required to inspect and certify that each of their rental vehicles are safe and road-worthy under the ordinance. Agencies will also be required to train renters to operate vehicles before they leave their lots.

The proposed legislation still requires rental agencies to certify a renter’s competency to operate the vehicles and not rent to anyone they believe to be incompetent due to “drunkenness, drugs, age or mental or physical incapacity.” Scoville previously noted that provision could raise potential issues with laws like the Americans with Disabilities Act.

The revised ordinance does clear up the definition of a mo-ped that appeared to conflict with the state definition two weeks ago.

Ellenburg noted in the ordinance mo-peds have conflicting definitions in state statutes. But the new definition under the city’s proposed ordinance matches a majority of state statutes that define a mo-ped as a cycle with or without pedals, with a motor of not more than 50 cubic centimeters that produces no more than two brake horsepower and is not capable of propelling the vehicle at a speed greater than 30 mph.

A provision in the ordinance’s first draft would have required all mo-peds, golf carts, scooters and low-speed vehicles to be registered with the city at a fine of $50 for each conveyance in its first year. The fees were dropped in the ordinance’s second draft after businesses raised concerns in a recent meeting with city leaders.

This story was originally published March 22, 2016 at 1:02 PM with the headline "Myrtle Beach moves forward with mo-ped, golf cart ordinance."