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Monday, September 07, 2009

Ind. Law - Time for another golf carts update

The most recent ILB golf carts update was August 17th, so it is certainly time for another:

• Berne - "Berne joins golf cart parade " reported Eric Mann in the August 25th Decatur Daily Democrat:

  Berne has formally joined the golf cart parade. By a 5-0 vote on Monday night, the Berne City Council approved, with two changes, a golf cart regulation ordinance that will be in effect as soon as it is published in the Berne Tri-Weekly News. The new law will allow golf cart use on city streets and alleys if a cart is "registered, operated, insured, and equipped" as required by the ordinance. Among Berne's golf cart requirements are the following:

  • No golf cart may be operated on a highway except for the purpose of crossing a highway perpendicularly at an intersection with a city street.
  • Golf carts must obey posted speed limits and may not be operated in excess of 30 mph.
  • Golf carts shall be operated as closely to the right edge of the street or alley as possible and may not impede the flow of normal traffic.
  • No golf cart may be operated or parked on city sidewalks.
  • No golf cart shall be operated on a street between [midnight] and 5 a.m.
  • Only a person with a valid driver's license shall be authorized to operate a golf cart on a street and the driver of a cart must have that license with him or her while driving.
  • All golf carts must be insured for a period of not less than 12 months.
  • Golf carts must have "factory seating for all occupants, a rearview mirror, headlights, tail lights, brake lights, front and back turn signals, and a slow-moving vehicle sign attached to the rear." The lights must be visible for at least 500 feet.
  • No golf cart may be operated on a street until [it] is registered with the city. Registration must be done by the city police and will cost $25. One of the two changes reduced that fee from the originally-proposed $30.

  Police Chief Tim Taylor said at the meeting that golf cart owners should contact the police, who will come to the owners' homes to register their carts. Each registration expires on December 31 of that year. * * * The penalty for violating the new law is a fine of $50 to $100, plus court costs. If a golf cart owner has two violations in a calendar year, the registration of that cart will be revoked if that same golf cart was involved in the first violation If a golf cart is impounded by the police, it will not be released until "the basis of the violation has been corrected" and until the towing and impoundment fees have been paid by the owner or operator of the cart.

• Franklin and Bargersville - Sarah Michalos reported ($$) Aug. 25th in the Johnson County Daily Journal:

  Franklin and Bargersville are drafting new rules for people with golf carts, such as requiring the carts to be registered, insured and equipped with headlights, turn signals and seat belts. A new state law effective last month bans golf carts on both public and private streets, but cities and towns can draft their own laws if they want to allow carts. Golf carts are used regularly by the Franklin parks department, Franklin College and the Franklin United Methodist Community, and should be allowed as long as certain rules are followed, Mayor Fred Paris said. The carts also have become more popular since fuel prices spiked, and for some residents are a less costly way to get around, Bargersville Police Chief Lin Hunt said. Safety and visibility will be the focus of both communities' local laws, which haven't been approved yet. Golf carts are banned on public streets in Greenwood, and the city doesn't have any plans to draw up local rules to allow them, Police Chief Joe Pitcher said. * * *

  As part of the new rules, golf carts wouldn't be allowed to travel down streets where the speed limit is higher than 30 mph, McCarty said. Carts also wouldn't be allowed to travel along certain busy streets, such as U.S. 31 and Jefferson Street, but would be able to cross the streets on their way somewhere else.

• Adams County - "Adams County has golf cart proposal " reported Eric Mann in the September 1st Decatur Daily Democrat:

  The Adams County Commissioners have officially spoken on the golf cart issue. A vote of 3-0 on Monday passed a golf cart use ordinance on first reading, after which the measure was tabled until next Tuesday's meeting.

  The ordinance notes that the state legislature this year "passed legislation authorizing the regulation of golf carts by a local authority" and that the commissioners "recognize that residents of the county desire to operate their golf carts on and across the roads and streets under the jurisdiction of the county."

  Initial interpretations of the law said that counties did not have the option that cities and towns had, to make legal the use of golf carts. Other counties have approved the use of golf carts on county roads, apparently citing the "regulation of golf carts by a local authority."

• Decatur - "Golf carts back...again" reports Bob Shraluka in the Sept. 3rd Decatur Daily Democrat:

  The issue of golf carts — legalized on July 21 in Decatur — simply won't go away. The matter was back before city council once again Tuesday night for some "tweaking" of the ordinance. Not only was the tweaking not a accomplished, but some new questions were raised. One tweak involved Bunge North America's use of 20 to 25 golf carts to move employees around on its complex. City officials are willing to exempt the carts from the city ordinance when the carts are being used on the portion of Second St. at the Bunge complex. In addition, some residents of Deer Run and Grey Goose subdivisions seek the same exemption which allows city residents using their carts to travel to and from the Cross Creek course, only the former would involve the Grey Goose Golf Club. Again, council members are prepared to give the okay. City Attorney Tim Baker prepared an amendment to the golf cart ordinance to cover the issues above. Before long, however, it was questioned whether city officials want Bunge carts exempt from the provision which bars golf carts on city streets from midnight to 5 a.m., and whether the same carts should be exempt from the same law which requires lights on golf carts. Baker also brought up the fact that the federal Occupational Safety & Health Administration (OSHA) requires golf carts with seat belts to also have a roll bar. Decatur's ordinance does not require seat belts except for children who fall under the state law requiring safety restraints. So would that come under the OSHA seat belt provision requiring the roll bar? Eventually, at the suggestion of Mayor John Schultz, the amendment of the ordinance was taken under advisement — meaning golf carts will be return once again at a future meeting.

• Crothersville - "Golf carts may get green light" reports Brandy Emily in the Sept. 7th Seymour TribTown:

  CROTHERSVILLE — Change may be coming to the streets of Crothersville if town council members approve golf carts as a means of transportation on the town roads. Council members Ardell Mitchell, Karen Mains and Bill Nagle reached a consensus at their monthly meeting Tuesday night for an ordinance allowing golf carts to be driven on streets in Crothersville to be drafted for consideration next month. The ordinance will include golf carts only, not ATVs. Council members made it clear they want the ordinance to include the state minimum requirements for drivers as well as adding reflectors to golf carts driven on town streets. Council also briefly discussed including operating hours for the vehicles to be on the roads. The ordinance will also include a provision that those wanting to drive their golf carts would need a Crothersville city sticker and pay a registration fee to ride in town.

Posted by Marcia Oddi on September 7, 2009 01:00 PM
Posted to Indiana Law