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Thursday, March 02, 2006

Ind. Law - Golf cart ordinance is an issue in Lebanon, and also other communities

Rod Rose of the Lebanon Reporter writes today:

A golf cart control ordinance skidded off the city council’s agenda Monday after running into daylight-saving time.

The ordinance, up for final reading, would allow golf carts only on city streets during daylight hours, among other restrictions. After lengthy discussion, the council voted to table a vote until its 7:30 p.m. March 13 meeting.

Last July, a “great influx of golf carts” flooded the city after someone rented dozens of them to residents. Police said reckless use of the carts led to “innumerable complaints” during the Fourth of July celebration.

State law bans golf carts from streets, but City Attorney Larry Giddings interprets the law to mean golf carts are allowed on roads not maintained by the Indiana Department of Transportation. Police Chief Tom Garoffolo said he just wanted some guidance for his officers. * * *

The committee that wrote the ordinance wanted to allow golf carts on some streets only between dawn and dusk. Councilman Steve Large said he’s heard from cart owners who want extended hours, so they can ride to and from golf courses. “I’ve not had one comment against golf carts,” Large said.

The only comment she’s received, said Councilwoman Emmadell Sturgis, “was totally against golf carts on the streets at all.” Sturgis was a member of the committee that wrote the ordinance. “We thought dawn to dusk was specific enough,” Sturgis said. * * *

Blake Wilson, the golf pro at Ulen Country Club, said the council should consider “month by month” hours. Wilson said the country club would like its members exempt from the golf cart ordinance, or “ ... to see the restrictions broadened a lot, at least for Ulen members,” he said.

During the summer, some Ulen members who have driven to the course on a cart and finish a round in late afternoon or early evening stay to eat dinner, Wilson said. “It’s a business issue for us,” he said. “If they have to be home by 8 o’clock they might not come back to eat dinner,” he said.

Several citizens lobbied for the right to drive cars after dark. Tim Cote, who is wheelchair-bound, said he uses a golf cart “to get places.” His cart has taillights, headlights, side lights and flashers, he said. “I can’t get a license; no way,” Cote said.

Kathy Anderson said her husband, who is disabled, uses a golf cart to get around their neighborhood. “I don’t see any problem,” she said. “He’s not hurting anybody.” Her husband does have a driver’s license, she said.

A quick search via Google turned up two stories from the Greencastle Banner Graphic. Unfortunately they are undated. They are both written by Jason Moon, assistant editor. The first reports:
The subject of new ordinances came up at the Cloverdale Town Council's regular monthly meeting Tuesday. * * *

The possible ordinance would curb activities such as skateboarding, playing basketball with movable goals and using golf carts on streets within the town limits, to a reasonable limit.

[Cloverdale Town Marshal Charlie] Hallam told the council his department had received several calls about the use of golf carts on streets in the town. "We do have an increase of use in that," he told the board. "We want to emphasize it is a safety issue."

But a handful of residents at Tuesday's meeting did not agree with Hallam's assessment. One resident in the crowd asked the council for permission to use a golf cart due to disabilities, pointing to the Fair Housing Act of 1988.

Council President John Davis said he would have [town attorney Michael] Van Treese look into the act, and several council members agreed. "I think some common sense needs to be used in all of this," council member Dennis Padgett said.

Another town resident, James Coy, said he also used a golf cart because of a disability. He told the board he approached Hallam to ask for use of the golf cart within the Stardust Hills addition, but there were no sidewalks for use.

The council passed a 5-0 motion to have town attorney Michael Van Treese look into creating the ordinance.

Here is a follow-up story, also undated:
The subject of using golf carts appeared in front of the Cloverdale Town Council at its monthly meeting on Tuesday, and once again, the council tabled the issue.

Several community members approached the town council in September, expressing a desire to use golf carts on streets within town boundaries, to a reasonable limit. Several of the community members told board members the carts were used by disabled people. * * *

On Tuesday, council member Dennis Padgett told the other four members in attendance he had researched the subject, checking the Fair Housing Act and the Americans with Disabilities Act. "Some townships have ordinances, and some don't," Padgett told board members. "This is a very touchy subject."

[Town attorney] Van Treese told council members an ordinance might not help the issue. "This is a subject of ongoing controversy, and not just here," he said.

"In my personal opinion, I want to leave it alone," Padgett chimed in. "I say we use some common sense with this."

But the issue of liability came up in regard to the use of golf carts on town streets.

"My concern is the safety issue, as well as liability," board vice president Judy Whitaker said.

Hallam told board members that the state statute clearly said the carts are not allowed on the road.

However, Padgett told board members that the use of lawnmowers on streets would have to be watched, among other items. He again asked the council to leave the issue alone. But board president John Davis asked Padgett what his suggestion to Hallam would be if the use of the carts continued to be an issue.

Padgett responded that if the carts started to create a nuisance, Hallam should give a ticket or even impound the cart.

The topic of state statute reared its ugly head again, as Whitaker said the town could not supersede state regulation, pointing back to what Hallam had told board members earlier.

Following an agreement to table the issue, several community members had the opportunity to express their opinions, hoping to receive an answer. But the board agreed to attempt to gather more information on the issue.

Posted by Marcia Oddi on March 2, 2006 04:32 PM
Posted to Indiana Law