« Ind. Decisions - Interesting procedural decision in Illinois case by Judge Tinder | Main | Law - Prof. Dawn Johnsen to teach course this semester at IU Maurer School of Law »
Monday, August 17, 2009
Ind. Law - Golf carts update
Starting off with this eye-catching story from the August 15th Gary Post Tribune, reported by Jon Seidel:
GARY -- Police arrested a man this week for driving a golf cart down a city street while intoxicated.Adding to the long list of earlier ILB golf cart reports, here a some recent stories:Cpl. Gabrielle King said officers discovered John P. O'Hara, 23, driving a white golf cart at Ironwood Avenue and Lawrence Street on Wednesday, blocking the path of a truck that was trying to pass.
King said an officer activated a siren and followed the golf cart, but the driver wouldn't pull over. She said an officer saw the cart's three occupants dump a beverage from red plastic cups.
Police said they noticed a strong odor of alcohol on O'Hara's breath and clothing, and they noticed his eyes were watery and bloodshot.
O'Hara then told officers he had a little to drink, "maybe a 12-pack."
An officer asked O'Hara to take a portable breathalyzer test, on which he registered a 0.289 percent blood alcohol content. The legal driving limit in Indiana is 0.08 percent.
- Ashley - "Golf Cart Ordinance Passed In Ashley" - An Aug. 11th story re WLKI.com reported:
(ASHLEY) - Ashley has become the latest community to allow the driving of golf carts. The Ashley Town Council passed an ordinance Monday night which allows golf carts to be driven on most streets in town. Ashley Town Council member Paul Kennedy says the ordinance was passed after the subject came up during their July meeting. The ordinance allows the golf carts to be driven by those with a valid drivers license and proof of insurance. They can only be driven between April 1st and November 1st within the town limits. Golf carts will not be allowed on some streets such as State Street and H.L. Thompson Drive. The ordinance only covers golf carts, it does not include such vehicles as four wheelers or A.T.V.'s. Kennedy says the Ashley ordinance is in line with state law. Unlike the Hamilton golf cart law, Kennedy says Ashley residents will not have to register their vehicles.
- Linton - A somewhat confusing Aug. 11th story in the Greene County Daily World, reported by Timberly Ferree, begins:
Talk turned to golf carts during the Linton City Council's August monthly meeting.
Linton City Attorney Tim Shonk provided the details and answered several questions about the city's working document that is tied to Indiana code.
"The problem in drafting the ordinance is that the Senate has added to the original House (of Representatives) bill," Shonk explained.
In April, the state approved legislation allowing golf carts to be driven in towns and cities beginning July 1 if there is a local ordinance allowing it.
Provisions within the current legislation require the driver of the golf cart to have a valid driver's license and the vehicle to have insurance as well as a revolving red or amber light or slow-moving-vehicle sign.
- Berne - The Decatur Daily Democrat and their reporter J Swygard has had consistently good coverage of this topic. This August 11th story begins:
Proposed regulations governing the legal operation of golf carts in Berne were unofficially introduced at Monday evening's meeting of Berne City Council when council members and city residents in attendance received copies of a draft ordinance outlining restrictions on the use of the popular four-wheeled vehicles.
Included in the draft legislation, which council intends to adopt in two weeks, were restrictions on the maximum speed, hours of legal operation, and the number and minimum age of golf cart passengers.
The Indiana General Assembly in its recent session adopted a statute giving municipalities across the state the ability to draft ordinances governing golf cart use in their respective communities. Until such ordinances are adopted, the use of golf carts technically remains illegal on city streets.
At its July 27 meeting, council listened as a handful of local residents offered their thoughts about legislation that ultimately will govern the use of golf carts on city streets. Council members vowed to act quickly to adopt some type of ordinance that addresses necessary safety issues without being overly restrictive on golf cart operators. The towns of Monroe and Geneva and the city of Decatur have adopted guidelines governing the use of those motorized vehicles.
The proposed Berne ordinance restricts the use of golf carts to secondary streets within the city. The vehicles may cross U.S. 27 and State Route 218 at any intersection, but cannot legally be operated on those highways.
- Etna Green - This snippet from an Aug. 12th story in the Warsaw Times-Union:
Town attorney Jay Rigdon brought to the council's attention the rising popularity among towns concerning the new golf cart ordinances. After several minutes of discussion the council remained undecided on the matter. Rigdon then suggested he draft an example ordinance based on other ordinances of the same matter and present it at the next meeting.
- Berne - In Berne:
Several residents supporting the legislation indicated that they were hoping that the ordinance would have been passed on Tuesday evening. Biberstein said that at the next council meeting (Aug. 24), council members would have the option of passing the proposed ordinance in emergency or take it through its usual course of legislation.
That is part of a detailed story by Jim Langham in the Aug. 12th Berne News.
Council member Ron Dull said that he is in favor of pushing the legislation through in emergency fashion and passing it at the next meeting. Other council members agreed with Dull, to the applause of the supportive residents.
Posted by Marcia Oddi on August 17, 2009 01:25 PM
Posted to Indiana Government | Indiana Law