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Sunday, July 06, 2008

Ind. Law - "Fore! Winchester could allow golf carts on streets"

Joy Leiker of the Muncie Star-Press reports today:

WINCHESTER -- In the wake of higher fuel prices, Hoosiers are searching for more efficient modes of transportation, and Winchester could become the next Indiana city to respond by allowing golf carts on its streets.

On Monday, the Winchester City Council will review for a second time an ordinance that would allow golf carts on most city streets.

The only exceptions would be a nine-square block section of downtown and any street with a speed limit over 20 mph, including state and federal highways.

It's a move that other towns and cities in Indiana have already made. And though in Winchester the measure has the support of Winchester Police Chief Michael Burk -- he presented the ordinance to council last month -- the support of law enforcement isn't universal.

The Indiana Bureau of Motor Vehicles doesn't license or register golf carts, and Indiana State Police Sgt. Rod Russell said that's reason enough for them not to be on the road.

"We have visited this issue many, many times about golf carts, and the bottom line is, golf carts are for golf courses or for private properties," Russell said. * * *

City Council President Larry Preston supports the ordinance, and he thinks it's good to get it on the books before more golf carts take to the road.

"It's something I support because I think we're going to need it in the near future," Preston said.

In New Castle, Deputy Police Chief Scott Ullery said there's been off-and-on discussion over the years about allowing golf carts on city streets.

But it always boils down to the fact they're not official vehicles, according to the BMV.

Still, Ullery said he sees a few on city streets. But he's also noticed people driving lawn tractors. So far, he hasn't ticketed them.

"I try not to go that route. The people that are doing that would be hard pressed to pay a citation anyway," Ullery said.

In December 2006, the Portland City Council adopted a golf cart ordinance, in part because the city is swamped with the vehicles anytime there's a large event at the Jay County Fairgrounds, especially the summertime Tri State Gas Engine and Tractor Association show.

Winchester used the Portland ordinance as its model.

Asked whether the ordinance leaves the city liable, since it allows non-licensed vehicles on the road with other regulated vehicles, Winchester City Attorney Meeks Cockerill said no.

"I don't think the city has any liability problems," Cockerill said, "if you would drive a golf cart down a city street just like driving a (car). The problems are people driving down (Ind.) 32 in a golf cart."

The Star-Press has also made available a copy of the new Winchester golf cart ordinance. Here is an ILB entry from Dec. 11, 2006 on the Portland ordinance upon which it was modeled. For many more ILB golf cart entries, type "golf cart" in the search box in the right clumn.

Posted by Marcia Oddi on July 6, 2008 10:16 AM
Posted to Indiana Law