(A) It shall be unlawful for any person to operate a motorized golf cart on the streets, alleys, sidewalks, highways, or other public place within the town, except as provided in this section.
(B) Any and all golf carts operated on the streets, alleys, or other public places within the town must:
(1) Have a reflective “slow moving triangle” permanently affixed to the back of the cart;
(2) Have 2 operable front headlights on at all times, and have at least 1 operable red rear taillight on at all times, and have 1 operable amber flashing or strobe light atop the cart on at all times, which amber light atop the cart must be visible for 360 degrees; and
(3) Be inspected by the town marshal for compliance with this section.
(C) Any and all golf carts operated on the streets, alleys, or other public places within the town must:
(1) Be operated during daylight hours only, with daylight hours defined as the times required by Indiana statute for motorists to use headlights on motor vehicles;
(2) Have no more occupants than the number of permanent seats in such cart;
(3) Not operate on state highways or on sidewalks, provided that a cart may cross the highway or a sidewalk at a 90 degree angle, if the operator does so safely and in the manner proved by state law as if he or she were a driver of a motor vehicle;
(4) When operated in the park, remain on stone parking areas only; and
(5) Abide by all state laws and local ordinances, including all traffic laws that would otherwise apply to motor vehicles.
(D) Before operating a golf cart on the streets, alleys, or other public places within the town:
(1) The owner of that cart must register the cart with the Clerk-Treasurer of the town, or his or her designee, every 2 years;
(2) Registration shall be on such forms as the town may establish;
(3) The fee for registration shall be $50, which fee shall be deposited into the General Fund of the town; and
(4) Upon registration, the owner shall receive 2 registration stickers, which shall be permanently placed on the left and right sides of the cart in a visible place.
(E) In order to operate a golf cart on the streets, alleys, or other public places within the town:
(1) The operator must be a licensed motor vehicle driver; and
(2) Must have on his or her person a valid driver’s license recognized by Indiana law.
(F) Any person violating this section shall, upon conviction thereof:
(1) Be fined $50 if the conviction is that person’s first offense under this section;
(2) Be fined $75 if the conviction is that person’s second or subsequent offense under this section;
(3) Upon that person’s third conviction under this section, the cart will be impounded by the town; in order to retrieve the cart from impound, the owner must first pay an impound fee of $100 and a $10 per day storage charge to the town; in the event the cart is not retrieved within 7 days, it will be subject to disposal by the own in the manner set forth under Indiana law for abandoned motor vehicles;
(4) In the event a cart is operated by an unlicensed driver and there is no one else present to lawfully operate the cart, or in the event a cart is operated on a state highway other than to directly cross it, then it shall be impounded immediately and subject to the fees and potential forfeiture stated in division (F)(3) of this section: and
(5) The foregoing fines shall be in lieu of the more general traffic fines set forth in § 70.99.
(Ord. 2008-9-04, passed 9-4-2008)