(A) Definitions. For purposes of this section, the following definitions shall apply:
GOLF CART or CART. A four-wheeled motor vehicle originally and specifically designed and intended to transport one or more individuals for the purpose of playing the game of golf on a golf course.
HIGHWAY. A road included in city's road inventory and for which the city has primary responsibility for maintenance and oversight.
PROOF OF FINANCIAL RESPONSIBILITY. Pursuant to IC 9-25-2-3, proof of ability to respond in damages for liability that arises out of the ownership, maintenance, or use of a golf cart in the following amounts:
(a) $25,000 because of bodily injury to or death of any one person;
(b) Subject to the limit in division (A)(1)(a) above, $50,000 because of bodily injury to or death of two or more persons in any one accident; and
(c) Before July 1, 2018, $10,000 because of injury to or destruction of property in any one accident. Beginning July 1, 2018, $25,000 because of injury to or of property in any one accident.
(B) Application. This section applies to city highways and other public ways and sidewalks. Nothing herein shall be construed to apply to or limit the use of golf carts on:
(1) Golf courses;
(2) Private property; or
(3) The city’s use of golf carts on the city’s municipal property for official purposes.
(C) Designated highways - neighborhood approval. To protect the safety of city residents, golf carts shall only be operated on highways within neighborhoods where all of the following conditions have been met:
(1) The city has determined, in is sole judgment, that golf carts may be safely operated on some highways within the neighborhood; and
(2) The neighborhood’s home owners association (“HOA”) or the developer of the neighborhood, as applicable, has conducted a survey of lot owners within the neighborhood, and at least 75% of all lot owners have voted in favor of allowing golf carts to operate on highways within the neighborhood by voting in the affirmative to the following question:
“Shall golf carts be used on designated roads within the [insert name of neighborhood]?”;
(3) The HOA or developer, as applicable, has certified the result of the election described in division (C)(2) the city; and
(4) Standard signs approved by the city have been conspicuously located designating those highways within the neighborhood that are available for golf cart use (collectively “designated highways”).
(D) Designated highways - public service exemption. In limited circumstances, a resident may receive approval to operate a golf cart on highways within neighborhoods where all of the following conditions have been met:
(1) The resident has completed an Application for Public Service Exemption, as provided by the Police Department;
(2) The city has determined, in its sole judgment, that golf carts may be safely operated on some highways within the neighborhood for a public service purpose; and
(3) Proof of financial responsibility. After reviewing a completed Application for Public Service Exemption, and satisfaction of divisions (D)(1) through (3) above, the Chief of Police, in his sole discretion, may designate a resident with a public service exemption, allowing a resident to utilize a golf cart in a designated highway for a particular public service. The exempted resident shall receive verification of exempt status that must be carried by the resident at all times when utilizing a golf cart for public service. The Chief of Police, in his sole discretion, may remove the public service exemption at any time with or without cause.
(E) Prohibition against operation; time of operation. Golf carts shall only be operated on designated highways from sunrise to sunset unless such golf cart is equipped with headlights, taillights, brake lights, seatbelts, tarn signals, and rearview mirror.
(F) Valid license required. Only persons possessing a valid driver’s license issued by the State of Indiana, another state of the United States of America or an international agency shall be permitted to operate a golf cart on city highways.
(G) Public ways. Golf carts shall not be operated on city sidewalks or non-designated public ways or highways.
(H) Penalties.
(1) The city shall issue a uniform ordinance violation citation to any person violating a provision of this section in the following amounts which shall be processed by and paid to the city Ordinance Violation Bureau as follows:
(a) First offense: $50;
(b) Second offense within one year: $100; and
(c) Third offense and each additional offense within one year: $250.
(2) Unpaid violations shall be referred to the City Court.
(Ord. 090214D, passed 10-6-14; Am. Ord.091718E, passed 9-17-18)