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Thursday, July 09, 2009

Ind. Law - Enthusiasm builds over use of golf carts in smaller communities

"Big crowd discusses golf carts" is the headline to this July 8th story by Bob Shraluka in the Decatur Daily Democrat. Some quotes:

An overflow crowd packed City Hall's council chambers for Tuesday night's meeting of Decatur City Council, most of the people on hand interested in getting a local ordinance that will allow golf carts to be legally driven on city streets.

The last session of the Indiana Legislature passed a state law — which became effective July 1 — banning golf carts from all roadways in Indiana. However, the law allows cities to adopt an ordinance approving the use of golf carts and also regulating them.

In Adams County, Geneva adopted such an ordinance some time ago, before the new state law came into being, and Monroe did so on July 2.

The one requirement in the state law that cities may not supersede says that all operators of golf carts must have a driver's license. And that was what brought out some of of the people attending last night's meeting: people with disabilities that do not allow them to obtain a driver's license.

Another firm aspect of the law concerns the fact that county governments do not have the opportunity to make the use of golf carts legal. The vehicles are illegal on county roads and state highways and will remain that way unless the state statue is changed. Now they are refining their ordinance, according to this July 7th story by Mark Stalcup in the Greene County daily World, headed "Golf carts now have curfew in Bloomfield

A number of people spoke out last night and, in the end, Mayor John Schultz vowed that the administration and council will delve further into the issue, seek answers to some questions, and eventually produce an ordinance.

"But we can't rush into this, we need to research this," and allow other people the opportunity to express their opinions, the mayor said. "But we do want to do this as quickly as possible." In closing, he added, "We will do the best we can, but we probably won't be able to satisfy everyone."

Assistant Police Chief Greg Cook began the lengthy discussion by talking about the new state law. In the past, he pointed out, the city has allowed the use of golf carts under the definition of a slow-moving vehicle.

One of the major hangups is the provision in the law requiring a driver's license. It was continually stressed by the mayor and council members that there is nothing the city can do to supersede that provision.

Bob Brown of Decatur said, "A lot of people drive golf carts because they can't get a license because of disabilities." Later, Brown, who have devices replacing the hands and feet he lost in an accident years ago, said he opposes requiring seat belts "because with these hooks" he cannot hook and unhook them.

Jack Tussing of Decatur said his wife, Ruth, "is handicapped and will never be able to get a license. She uses a golf cart and follows all the rules of the road."

Another Decatur resident, Jim Coyne, who said he cannot walk, spoke against seat belts on golf carts. "If I got hit (by another vehicle), I'd rather not have it on. I could at least fall out," he said.

Bryce Hoffman of rural Decatur, who sells golf carts and accessories for them, said he considers seat belts "a safety hazard unless you have a roll bar." If a golf cart would roll over, the person would be pinned in, he pointed out. Art Ehinger of rural Decatur agreed.

Larry Isch of Decatur said a number of Woodcrest people use golf carts to travel the grounds there. Greg Cook said those golf carts wouldn't fall under the law because they are being used on private property. * * *

Several people said if golf carts are legalized, the ordinance should have an age limit, and Kay Jauregui of Decatur said she thought the ordinance Monroe adopted "is a very good guideline" for Decatur.

Ralph Smith of Monmouth said he drives his golf cart to Decatur and expressed his unhappiness with the General Assembly's passage of the new law which now prohibits that.

State Rep. Matt Lehman of Berne and State Senator Travis Holdman of Markle represent Adams County in the legislature and should be contacted by those who want to change the law, the mayor said at one point.

Peggy Vlerebome reported in the Madison Courier July 8th, under the headline "Committee to draft ordinance allowing golf carts on streets":
A City Council committee will work with the city attorney and the police chief to write a proposed ordinance allowing golf carts to be driven on city streets.

Council President Damon Welch appointed council members Darrell Henderson, Rick Berry and Jim Lee to the committee after a council discussion Tuesday night where the consensus appeared to be that Madison should have such an ordinance.

An amendment to a state law went into effect July 1 that says cities can pass an ordinance allowing golf carts on their streets, but otherwise the practice is illegal. If the City Council does not pass an ordinance, city police will be obligated to write tickets, Police Chief John Wallace said.

"I believe the state has put the ball directly in the cities' courts," Wallace said.

Lee brought up the idea of the city's specifically allowing golf carts on its streets.

State law requires drivers of golf carts on streets to be adults who have a driver's license and proof of insurance, and the carts must be marked with a slow-moving-vehicle sign or lights.

An ordinance should have some restrictions, such as prohibiting golf carts from being driven up and down the hills and on some busy streets such as Clifty Drive, council members said. Wallace said golf carts would have to be driven in the same direction as the traffic in the lane they were in.

Until an ordinance is in place, drivers of golf carts on streets are in violation of the state law, as they have been for years. Wallace agreed with Lee that police have ignored enforcing the law for a long time, but won't be able to if an ordinance is not passed. Last fall, the Indiana State Police notified cities that its officers would ticket golf cart drivers. The new state law followed.

"Either we take one stand (by passing an ordinance) or I feel law enforcement is going to have to," Wallace said.

Bloomflied was ready for the new law on May 7th, per this ILB entry. Now they are refining their ordinance, according to this July 7th story by Mark Stalcup in the Greene County Daily World, headed "Golf carts now have curfew in Bloomfield." Some quotes:
Golf carts are now barred from Bloomfield's streets between 9 p.m. and 7 a.m.

Carts must also stay off state highways inside the town limits unless they're crossing.

The changes, passed Tuesday by the Bloomfield Town Council, came in the wake of a new July 1 law passed by the Indiana General Assembly which allows cities and towns greater say in registering the carts.

As gas prices have risen, the carts have become an increasingly popular mode of transportation, particularly across short distances inside cities, leading to a need for increased regulation.

In many ways, the town's new ordinance parallels state law: The cart's driver must have a valid license and proof it is insured for use on the roadways.

At least one of two options for safety devices are also required. Cart drivers must utilize a triangular slow moving vehicle emblem like the ones used on farm equipment.

A flashing light which glows amber in front and either amber or red in back, and which can be seen for at least 500 feet, may also be utilized, per the ordinance.

The measure expands slightly on state law. Bloomfield Town Marshall Kenny Tharp successfully sought an addition to the ordinance barring the carts from travel on highways.

"You've got to look at it this way: At 20 mph, a golf cart is not going to be a match for a car going 45 or 50 mph," he said.

Carts must cross the highways at a direct, 90-degree angle under the new ordinance.

See also this ILB entry from July 2, detailing action by other communities.

Posted by Marcia Oddi on July 9, 2009 09:25 AM
Posted to Indiana Law