« Ind. Law - More on "City considers allowing golf carts on streets" | Main | Ind. Courts - "Probable cause affidavit gives details of Allen County judge's arrest" »

Tuesday, July 22, 2008

Ind. Law - Still more on "City considers allowing golf carts on streets"

Referencing the ILB item posted earlier this afternoon on the proposed Vincennes golf cart ordinance, Kevin R. Patmore, an attorney in Santa Claus, IN, writes (quoted with permission):

I have read your blog rather regularly, and noted your entry (again) today on golf carts. In connection with my representation of the Town of Santa Claus, I have dealt with this issue in the past, not as a question of legality on Town streets, but in enforcement of Town Ordinances on gated community (i.e. private) streets.

This is a recurrent issue, as the gated community (which includes a golf course) allows golf carts, but only if the person is on their way to or from the course, a rather difficult probable-cause distinction for our Town Marshals to make when seeing a golf cart driving down the roadway.

One thing I keep noticing is that towns adopting ordinances allowing golf cars have been inserting this crazy "you must have the cart inspected by the police department" requirement. Since our local police officers generally are not hired based upon their mechanical acumen, am I not the only attorney who cringes at the exposure to liability that some of these municipalities may be assuming with this inspection requirement for mechanical failures which might occur on carts approved by the municipal police?

Posted by Marcia Oddi on July 22, 2008 06:58 PM
Posted to Indiana Law