§ 73.08 GOLF CARTS.
   (A)   This section is enacted under the town's authority under I.C. 9-21-1-3 and 9-21-1-3.3. For purposes of this section, a GOLF CART has the definition set forth in I.C. 9-13-2-69.7, and means a four-wheeled motor vehicle originally and specifically designed and intended to transport one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course; and includes Utility Task Vehicles (UTV), which are motor vehicles with four or more wheels that are gas powered, originally and specifically designed to be used for moving, hauling or other tasks. This section does not include electric personal assistive mobility devices. Nothing in this section shall be construed to permit operation of a golf cart on any state highway.
   (B)   In order to operate a golf cart on any street, alley, road, or walkway within the limits of the Town of Akron, a driver of such a golf cart must be a licensed driver under Indiana law and have such license on his or her person at all times during the operation of said golf cart.
   (C)   All golf carts must have insurance on said golf cart and have proof of such insurance in the golf cart at all times during the operation of said golf carts in the Town of Akron.
   (D)   All golf carts must display an amber flashing light at all times, which light must be visible from a distance of no less than 500 feet from the rear of the golf cart or vehicle. In addition, if said golf cart is operated at times when headlamps are necessary, said golf cart must be equipped with both headlights and taillights that are in working order. In addition, all golf carts must be equipped with a rear view mirror.
   (E)   While operating said golf cart within the Town of Akron, any operator of the same must abide by all state traffic laws in the operation of said golf cart.
   (F)   All golf carts shall adhere to the provisions of the slow moving vehicle statute of the State of Indiana, being I.C. 9-21-9-2, such that each golf cart shall display a triangular slow moving vehicle emblem mounted as near as is practicable to the center of mass and at an approximate height of not less than three and not more than five feet from level ground or pavement surface. The emblem shall be mounted so as to be entirely visible from the rear, day or night. The emblem and the emblem's position of mounting on the vehicle must meet the specifications established by rules adopted by the Indiana criminal justice institute.
   (G)   Any person who wishes to operate a golf cart in the Town of Akron must register the same with the Clerk-Treasurer's office and pay a registration fee of $25 each calendar year thereafter and have attached to said golf cart a sticker provided by said town noting said vehicle has been properly registered with the town. This registration fee shall not be applicable to Utility Task Vehicles (UTVs). Each such golf cart shall be presented for inspection by the Marshal or Clerk-Treasurer prior to issuance of the registration sticker.
   (H)   While in operation, such golf carts must carry no more passengers than such golf carts are equipped to handle, and all passengers must be seated at all times. Drivers must make reasonable efforts to restrain minors who are passengers.
   (I)   No golf cart shall be allowed on any recreational path or trail without the prior approval of the Board of Parks and Recreation.
   (J)   In the event that a person cannot meet any of the above criteria, that person may make a written request with the Town Council for an exception to the provisions of this section. Such written request shall set forth the item or items that cannot be met by said person, and the reasons for that, and shall state why the Town Council should allow an exception to any of the terms and provisions of this section. The Town Council shall have the authority to grant or deny any such exceptions following the receipt of such a written request and the appearance of the person making such request at a Town Council meeting, by establishing in writing the reasons for the granting or denying of the exception(s) so requested.
   (K)   Anyone violating any of the provisions of this section shall be subject to a fine of $25 for a first violation, $50 for a second violation, and $75 for a third violation. If a person is cited for a violation of this section more than three times, the registration shall be revoked and said golf cart shall no longer be allowed to operate in the limits of the Town of Akron.
(Ord. 10-19-2010, passed 9-19-10; Am. Ord. 07-16-2018, passed 7-16-18; Am. Ord. 04-19-2021A, passed 4-19-21; Am. Ord. 09-19-2022, passed 9-19-22)