GOLF CART ORDINANCE

ORDINANCE NO. 3-2020
AN ORDINANCE AMENDING AND RESTATING
ORDINANCE NO. 3-2006, AS AMENDED JANUARY 21, 2020

WHEREAS, on or about July17, 2006, Ordinance 3- 2006 regulating the use and operation of golf carts on the streets and thoroughfares in the City of Gas City (“golf cart ordinance”) was adopted by the City Council of the City of Gas City, approved by the Mayor and Clerk-Treasurer; and’

WHEREAS, on or about June 6, 2006, Ordinance 3-2006 was amended to correct a technical error in Section 2 of the said golf cart ordinance; and

WHEREAS, on or about July 20, 2010, Ordinance 3-2006 was amended to comply with mandated drivers licensing provision of Title 9 of the Indiana Code were enacted and became effective July 1, 2009 relating to local ordinances regulating the operation of golf carts

WHEREAS, Amend in Section 1; retracting the requirement of the Gas City Police Department to inspect each golf cart for equipment compliance and proof of insurance. The owner, lessee or operator will be responsible to make sure all equipment is present and functional. The Gas City Clerk’s Office will receive the payment and issue the annual Certificate of Registration (“permit”) for golf carts. Proof of Insurance will still be required at the time of registration with the City Clerk’s Office.

Amend in Section 1 raising the cost of the annual registration fee from $12.00 plus the cost of the registration fee, to a flat fee of $25.00.

Ament in Section 7: to include the wording “No operator or occupant of a golf cart may ride on the lap of, or otherwise be held by, any other person.

WHEREAS, Amend in Sections: 1 through 12 to include a Multipurpose Off-Highway Utility Vehicle (MOHUV).

WHEREAS, Amend to add definition paragraph prior to Section 1 to define Golf Cart and Motorized Off-Highway Vehicle.

NOW THEREFORE, Ordinance 3-2006, as amended, is and shall be further amended and restated as follow:

AMENDED AND RESTATED ORDINANCE NO. 3-2006
AN ORDINANCE REGULATING
THE USE AND OPERATION OF GOLF CARTS AND OR MULTIPURPOSE OFF-HIGHWAY UTILITY VEHICLES

WHEREAS, Indiana Code 36-1-3, et seq. authorizes local government units to exercise such powers necessary or desirable in the conduct of its affairs granted by statute, or otherwise, to effectively discharge duties and to undertake such actions, not inconsistent with state law, in operating and conducting affairs of local interest; and,

WHEREAS, the unregulated operation of golf carts and or Multipurpose off Highway Utility Vehicle on streets and public thoroughfares within the City of Gas City presents traffic hazards and endangers the lives, health and property of the citizens of Gas City.

NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF GAS CITY, INDIANA, that the City of Gas City Ordinance 3-2006 shall be and hereby is amended to set forth as follows

Except as hereinafter otherwise provided, the operation of vehicles originally designed for operation on a golf course, whether powered by battery, fuel engine or otherwise, and commonly referred to as “golf carts”’ on city streets and thoroughfares, is and shall be prohibited, except insofar as such golf carts are registered, equipped and operated in full compliance with the following:

DEFINITIONS:

A. Golf Cart to mean a vehicle with four wheels originally designed to operation on a golf course and powered by battery or fuel engine.

B. Driver’s License – A valid license to operate a motor vehicle issued by the State of Indiana or any other State.

C. Multipurpose Off-Highway Utility Vehicle (MOHUV) – a vehicle commoningly referred to as a side by side or mule that has: four or more wheels, a steering wheel, non-straddle seating, and maximum speeds between 25 mph and 50 mph. In addition, MOHUVs must have foot controls for throttle and braking and rollover protective structures.

SECTION 1. The owner or lessee of a golf cart must register the golf cart annually with the City Clerk’s Office of Gas City on or before May 01, and an annual registration fee of $25.00 be paid to the Clerk/Treasurer, who shall deposit the golf cart registration fee into the local Police Continuing Education Fund (CEF). The City Clerk’s office shall issue a Certificate of Registration (“permit”) and numerical tag which shall be affixed to the center of the slow moving vehicle sign of the golf cart or multipurpose off-highway utility vehicle. The Certificate of Registration must be in the golf cart or multipurpose off-highway utility vehicle or in the possession of the person operating the golf cart or multipurpose off-highway utility vehicle at all times when the golf cart or multipurpose off-highway utility vehicle is in operation on the streets or thoroughfares of Gas City. Only the current numerical tag may be displayed on the golf cart or multipurpose off-highway utility vehicle. Provided, however, all permits issued prior to the adoption of this ordinance and all numeric tags issued and placed on golf carts in compliance with the prior golf cart ordinance shall be deemed to be compliant until May 1, 2020.

Licensed golf cart or multipurpose off-highway utility vehicle dealers may purchase “dealer” stickers for the purpose of allowing “test drives” of golf carts or multipurpose off-highway utility vehicle. Such “dealer” stickers shall be placed on the golf cart or multipurpose off-highway utility vehicle in the same manner as an individual owner. The number of dealer stickers per business shall be determined by the Gas City Police Chief. “Dealers” shall be required to comply with the requirements of this ordinance in the same manner as an individual owner.

SECTION 2. Only persons holding a valid motor vehicle driver’s license may operate a golf cart or multipurpose off-highway utility vehicle on the streets or public thoroughfares within the City limits of Gas City. The owner or lessee of the multipurpose off-highway utility vehicle must also comply with all Indiana State Department of Natural Resource registration requirements.

SECTION 3. The financial responsibility of the owner, lessee or operator notwithstanding, the golf cart or multipurpose off-highway utility vehicle must be covered by liability coverage in an amount not less than that provided by Indiana Statutes for motor vehicles operated on public thoroughfares in the State of Indiana. Proof of such liability coverage must be available on the golf cart or multipurpose off-highway utility vehicle or carried by the operator at all times the golf cart or multipurpose off-highway utility vehicle is operated on the streets or thoroughfares of the City of Gas City.

SECTION 4. The golf cart or multipurpose off-highway utility vehicle must be equipped as follows: it is the responsibility of the owner, lessee and operator to make sure that the listed below equipment is installed and in working order prior to operating the golf cart or multipurpose off-highway utility vehicle on the streets or public thoroughfares within the City limits of Gas City.

a. Two operating headlights, one on each side of the front of the golf cart or multipurpose off-highway utility vehicle.

b. Tail lights, one on each side of the rear of the golf cart or multipurpose off-highway utility vehicle and must be visible for a distance of 500 feet.

c. Brake lights

d. A slow moving vehicle placard shall be prominently affixed to the rear of the golf cart or multipurpose off-highway utility vehicle in such a manner as to be visible from a distance of 500 feet.

SECTION 5. Golf carts or multipurpose off-highway utility vehicles may be operated on streets or thoroughfares within the City of Gas City on which the speed limit is 30 miles per hour or less.

SECTION 6. Golf carts or multipurpose off-highway utility vehicles may not be operated:
a. On sidewalks; or
b. On State Highway 22 (Main Street), except to cross the said State Highway 22 at intersections regulated by an automatic traffic signal (or as directed by a law enforcement officer) in a path 90 degrees to the State Highway (Main Street). Provided however, golf carts or multipurpose off-highway utility vehicles may be operated on State Highway 22 (Main Street) in connection with and during the course of such special events as may be from time to time determined and so designated by the Gas City Board of Works and Safety.

SECTION 7. Occupants of a golf cart or multipurpose off-highway utility vehicle in operation on the City Streets or thoroughfares shall be limited to the number of persons for whom factory seating is installed on the cart or vehicle. Occupants of the golf cart or multipurpose off-highway utility vehicle, including the operator, shall be seated in the cart or vehicle and no part of the body of the operator or an occupant shall extend outside the perimeter of the cart or vehicle while in operation. No operator or occupant of a golf cart or multipurpose off-highway utility vehicle may ride on the lap of, or otherwise be held by, any other person.

SECTION 8. The operation of golf carts or multipurpose off-highway utility vehicle shall be subject to all traffic rules (in addition to the requirements set forth herein), as required by Gas City Traffic Ordinances and Indiana statutes governing the operation of motor vehicles.

SECTION 9. The owner, or lessee, of a golf cart or multipurpose off-highway utility vehicle, who applies for a permit to operate the golf cart or multipurpose off-highway utility vehicle within the City of Gas City as hereinabove provided in Section 1, shall agree to re responsible, jointly and severally, with any person who is permitted to operate the golf cart or multipurpose off-highway utility vehicle, for any injury or damages the operator caused by reason of the operation of the golf cart or multipurpose off-highway utility vehicle if such operator is liable for such damages.

SECTION 10. It shall be the responsibility of the operator of the golf cart or multipurpose off-highway utility vehicle to comply with the provisions of Section 5, 6, 7 and 8 of this Ordinance (including specifically responsibility for the actions of all occupants) as set for in Section7. The failure to comply with the requirements set forth in Section 5, 6, 7 and 8 shall constitute a violation of the Ordinance by the operator. Violation of Section 5, 6, 7, or 8 of this ordinance shall constitute a Class C infraction. An owner, lessee or operator may be cited to appear in court of competent jurisdiction by the issuance of an Indiana Uniform Traffic Ticket. Upon a finding by such court that an owner, lessee or operator of a golf cart or multipurpose off-highway utility vehicle has violated any provisions of the Ordinance, such person shall be subject to a fine in an amount not to exceed $500.00, as provided in I.C. 34-28-5-4 (c) along with court cost. In addition, the permit as hereinabove provided, may be subject to suspension or revocation. A fine assessed for violation of this Ordinance shall be deposited into the general fund of the City of Gas City.

SECTION 11. It shall be the responsibility of the owner or lessee of the golf cart or multipurpose off-highway utility vehicle to comply with the provisions of Sections 1, 2, 3, 4, and 9 of this Ordinance. The failure to comply with those requirements of Section 1, 2, 3, 4 or 9 of this Ordinance shall constitute a violation of this Ordinance by the owner or lessee of the golf cart or multipurpose off-highway utility vehicle, which violation shall be subject to a fine not to exceed $100.00 for each violation.

SECTION 12. In the event that two or more offenses constituting violations of this Ordinance occur within one year of a first offense, the permit to operate the golf cart or multipurpose off-highway utility vehicle shall be revoked and may not reissued for a period of one year.

SECTION 13. In the event any provision of this Ordinance shall be deemed invalid or unenforceable, the remainder of the Ordinance shall continue to full force and effect until repealed or modified by the Common Council or otherwise determined by a court or competent jurisdiction.

This Ordinance shall become effective upon passage by the Common Council of the City of Gas City, approved by the Mayor, and attested by the Clerk/Treasurer, and publication as required by Indiana Code 5-3-1-5.

David Huffman

Michael Planck

Larry Terwillegar

Donald Clark, II

Troy Richards

Karen Wood, Clerk-Treasurer

Bill Rock, Jr.

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