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Monday, September 14, 2009
Ind. Law - It's the Law: "Golf carts limited to city, town streets"
Ken Kosky's "It's the Law" column in the NWI Times this week examines Indiana's new golf cart law:
Golf courses are no longer the only places where golf carts are seen zipping around. An increasing number of people use them on roadways instead of cars or trucks.Other recent golf cart stories:That's why an Indiana law, effective July 1, limits golf cart use to cities and towns, and only if the cities or towns pass a local ordinance to allow golf carts.
The law states:
-- A driver must be at least 16 years old and have a valid driver's license.
-- Operating a golf cart on any roadway, including county and state highways, is unlawful, unless it is in the jurisdiction of a city or town that has passed an ordinance permitting it. A gated community may also permit golf carts if their roads are privately maintained.
-- If a golf cart is operated on a highway when there is no ordinance permitting it, all vehicle laws apply -- including licensing, plates and equipment.
-- Golf cart operators must obey all laws.
-- Counties can't legalize golf cart use on county highways.
Valparaiso and Portage police both said they don't currently have an ordinance to address golf carts, but Chesterton Police Chief George Nelson said one is in the works to allow golf carts in the town.
"The people that use golf carts are people that have some mobility issues and are on fixed incomes and are trying to go to stores and around neighborhoods, and to get out without having to drive a car and spend gas money," Nelson said.
Nelson said there are also some people who live near golf courses who ride a cart to the course to play.
Valparaiso police Sgt. Michael Grennes said he believes Indiana law is addressing golf carts because there are so many in use in some communities, especially lake or resort communities. He said police rarely see golf carts being used in Valparaiso, so it hasn't been much of an issue. Portage police Sgt. Keith Hughes said Portage police also haven't had any problems with golf carts.
- "Golf carts currently illegal on Town of Chesterton roadways" reports Luke Nevers in the Sept. 10th Chesterton Tribune:
[Sept. 15th update] "Golf carts legal once again on town roads" reported the Chesterton Tribune on Sept. 15, in a story that began:At Wednesday’s meeting of the Police Commission, Police Chief George Nelson told members that a change in Indiana Code which took effect on July 1 effectively forbids the use of any golf cart on a municipal right-of-way unless that municipality has enacted an ordinance specifically allowing the use of golf carts.
The issue was raised at the meeting from the floor by Paul Tharp, a golf cart user himself, who noted that he’d seen a story in the Chesterton Tribune to the effect that state law now bans golf carts on municipal rights of way unless local code has been amended to provide for them. Has local code been so amended? Tharp asked Nelson.
It has not been, Nelson replied, although at his request Associate Town Attorney Chuck Parkinson is currently at work researching the issue.
Tharp observed that a number of residents--prior to July 1--used golf carts to travel through town and save gas costs, and that a business in town sells golf carts.
“The main problem we have is that not everybody is as conscientious as you,” Nelson told Tharp. “I know your golf cart is basically safe. And I know you operate it safely.”
Nelson said that Indiana Code formerly defined golf carts as low-speed vehicles and permitted their use on municipal rights-of-way so long as they met certain conditions. As of July 1, however, that law dropped golf carts from the low-speed vehicle definition.
Nelson added that, so far as he knows, no citations or warnings have been issued to residents since July 1 for violations of the new law.
It was illegal to operate golf carts on Town of Chesterton public rights-of-way for exactly 76 days.
As of 7:30 p.m. Monday, it became legal again.
At its meeting Monday night, the Town Council voted 4-0 to approve on first reading an ordinance making golf carts street-legal, 4-0 to suspend the rules, then 4-0 to approve that ordinance on final reading. Member Jeff Trout, R-2nd, was not in attendance.
- "Golf Carts May Become Street Legal In Crothersville" is the word from this report in the Sept. 9th Crothersville Times:
Golf carts as an affordable and more environmentally “green” in-town mode of transportation may get the green light from the Crothersville Town Council.
Golf cart proponent Kelly Schmelzle kept the issue in front of the council for a second straight month when they met Sept. 1. She presented ordinances from other communities for allowing the vehicles off the fairway and onto public streets. “This would help some our elderly go to the grocery and run errands. And it will save on gasoline,” said Schmelzle.
At the August meeting, councilman Bill Nagle expressed his opposition to the plan based on police concerns about safe operation of golf carts. However, Nagle’s opposition has apparently changed as he indicated that perhaps golf carts on town streets is an idea that is growing in other communities.
Council president Ardell Mitchell said the ordinance would be aimed at golf carts only, not ATV’s or side-by-side seating utility vehicles such as John Deere Gators or Kawasaki Mules. “We are only talking about golf carts. And they would have to have those safety items added to make them safe on the street,” said Mitchell.
He directed town attorney Travis Thompson to have a proposed draft of an ordinance ready for the council’s special meeting on Tuesday, Sept. 15.
Councilwoman Karen Mains added, “Our police department should have a very heavy hand in developing the rules for operating golf carts in Crothersville as well as the enforcement of those rules.”
Posted by Marcia Oddi on September 14, 2009 02:15 PM
Posted to Indiana Law