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Wednesday, November 11, 2009

Ind. Law - "Linton golf cart ordinance still on the table; changes suggested"

The ILB has entries on Linton's consideration of allowing cart carts on city street that go back more than a year. Nick Schneider of the Greene County Daily World had this story yesterday that begins:

The operation of golf carts on the streets of Linton drew discussion from the city council members again on Monday night, but no action was taken on a pending ordinance that has been on the table for several months.

Council member Linda Bedwell presented a revised draft of the ordinance for the council's review and said she hoped action might be taken at next month's meeting.

Linton Police Chief Troy Jerrell was asked by council member Bedwell to look over the ordinance and said his department will inspect the carts, if the ordinance is adopted.

"To the best of my knowledge, it (the proposed ordinance) goes by state law and regulations," he said.

Councilman Charlie Cox said there's still some uncertainty in the draft ordinance whether operators will be allowed to cross the intersections of State Roads 54 (A-Street) and State Road 59 (South Main Street).

As written, the ordinance states that no person may operate a golf cart for any reason on any street where operation is prohibited by a posted sign; State Roads 54 and 59 on their entire length; any of the above streets except State Road 54 and 59 may be driven across from one side to the other at the intersection.

Cox suggested striking the last part of that statement saying, "You have to be able to cross it."

He pointed out that an ordinance drafted by the city of Bristol allows for the crossing of a state roads at designated and marked golf cart crossings.

"I think law has allowed for it personally, Cox said.

Council member Bedwell sided with Cox and said, "I just don't think that when the state says the cities and towns could make their own ordinances that they just made the law so you can't cross the highway. I just don't think that is what the state intended for them to do."

City Attorney Tim Shonk disagreed and said he had some question about whether this is legal.

"I don't think we have the authority to allow them onto the state highway," Shonk told the council. "That's not our (the city's) highway, that's the state's highway."

He continued, "I didn't find anything that will allow you to run across. It is not our highway, it's the state's highway. I didn't see anything that will allow us to give people permission to run across it."

Bedwell speaking to Shonk said, "That is what we pay you for, you find it out for us."

To that Shonk replied, "There isn't anything to find out about what they intended. If you want to go against my advice, put it in there and say they can go across (the intersection), but I am not going say they can cross it because I can't find anything that clearly says they can."

Here is a long list of all ILB entries relating to golf carts.

Posted by Marcia Oddi on November 11, 2009 08:41 AM
Posted to Indiana Law