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Friday, June 06, 2008

Ind. Law - More on: "Bloomfield to 'test' golf carts on the streets this weekend"

Updating this ILB entry from Thursday, first, see the photo, then the description:

To protest what he thinks is an absurdity in the state and local laws banning golf carts, Bloomfield Town Councilman Aaron Hamm drove a motorized beer cooler to the council meeting Tuesday. Since the ‘coolermobile’ has an engine that is smaller than those regulated by law, it is perfectly legal to drive anywhere in the state. (R.M. Johnson photo)
And here is the story, headed "Golf Cart Ban Suspended," from this week's Bloomfield Free Press:
While calling it a test, Bloomfield Town Council members approved lifting a ban on golf carts in the town limits for the town-wide yard sales this weekend. * * *

The golf cart measure passed in a split vote - with Councilman Aaron Hamm and Council President Jo Ann Carmichael voting for the temporary suspension and Councilman Roger Doane voting against.

However, before the council voted on allowing golf carts on town streets for Saturday and Sunday from 7:30 a.m. - 7:30 p.m., Town Attorney John Rowe had a warning for all folks who are planning on driving their golf carts on the town streets.

Rowe also added a bit of levity to the controversial topic when it was suggested that golf carts be allowed from "sunrise to sunset."

"Who determines what is sunrise and sunset?" Hamm asked.

Rowe's quick-thinking response was, "God, I think." On a more serious note, Rowe issued his warning. "Even though this ordinance is suspended as to the town, it is not affecting any state laws," he said. "So, if it is a violation of state law, then people are still going at their own risk."

He later explained that while the suspension of the town's golf cart ban would mean that local police officers could not write tickets in relation to that particular ordinance, the Indiana State Police and/or the Greene County Sheriff's Department could write tickets and impound golf carts under state law.

He also stressed that only the ban of golf carts is affected by the suspension - four-wheelers and other prohibited vehicles are still just that - prohibited.

"We want to again emphasize that it is only this one particular ordinance in town," he said. All golf cart drivers will be subject to all other town ordinances and state laws, just like other motorist.

"If there is a golf cart out there that runs a stop sign, I would encourage our police officers to write them a ticket, tow it, confiscate it, whatever they have to do," Carmichael said.

In order to be able to operate golf carts on the town streets, the council also set some stringent rules:

1. All golf carts must be registered with Town Hall. If Town Hall is closed, Carmichael and Hamm said drivers could call their cell phones at 381-3585 or 381-5270, respectively.
2. All golf carts must have proper lighting in the front and rear.
3. All golf carts must be driven by licensed drivers, only.
4. Golf carts can only be operated between 7:30 a.m. and 7:30 p.m. on Saturday and Sunday.
5. All golf carts must have insurance and proof of insurance with the cart at all times.
6. No golf carts will be allowed on Main or Washington streets - as they are state highways.
While the discussion was lengthy and somewhat controversial, one woman in attendance asked why the council was considering the temporary suspension of the rules. "If this is such a controversial subject, why do it?" Amber Branstetter asked.

"Because a lot of people want it," was Hamm's response.

Lt. Shane Smith and Deputy Marshal Jordan Hasler both expressed some trepidation in dealing with the fall-out of allowing golf carts - even if for only a couple of days. "If we let golf carts on the streets, we're going to have four-wheelers and it's going to be an argument with the guy on the four-wheeler," Smith said.

Carmichael instructed Smith to give the hypothetical four-wheeler driver her cell phone number and she would "handle that situation."

In voting against the suspension of the ordinance, Doane said he was concerned with a number of safety issues - something he has said since before he was elected to the council last year.

Adding to Doane's safety fears with suspending the ordinance is the fact that during the town-wide yard sales - a time when traffic increases more than five-fold in town - there will be no Bloomfield police officers on duty, since one is in the police academy and one is in Indianapolis at training.

Posted by Marcia Oddi on June 6, 2008 08:40 AM
Posted to Indiana Law