(A) The following vehicles, which this section allows for, shall be defined as follows:
GOLF CART. As used in this section, is defined as any four-wheeled motor vehicle originally
and specially 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.
UTILITY TASK VEHICLE (UTV). As used in this section, is defined as any off-road vehicle that: (a) has a width greater than 51 inches but not exceeding 65 inches; (b) a dry weight of at least 1,201 pounds, but not exceeding 2,000 pounds; (c) is designed for travel on at least four non-highway or off-highway tires; (d) is designed for recreational use by one or more individuals; and (e) is designed to be steered, driven or controlled with a steering wheel. As used in the previous sentence, the term "steering wheel" shall not include handlebars. The definition for UTV shall not be construed to include all-terrain vehicles ("ATV") as currently defined in I.C. 14-8-2-5.7. No individual shall use, operate, drive, or park an ATV on the streets, alleys, and properties under the jurisdiction of the town.
(B) A person may operate, drive or park ("operate") a golf cart or UTV on the streets, alleys, and properties under the jurisdiction of the town subject to the rules and restrictions set forth herein.
(C) Operators of golf carts or UTVs must have a valid driver's license and shall obey all state, federal, and local laws, regulations, and ordinances governing passenger motor vehicles, including but not limited to laws, regulations, and ordinances pertaining to licensing of operators and traffic regulations.
(D) Golf carts or UTVs operated during darkness from dusk to dawn, or during inclement weather, when headlamps are necessary for motor vehicles, must be equipped with and use headlights, taillights with brake lights, and turn signals visible from a distance of not less than 500 feet.
(E) Golf carts or UTVs shall be driven as close to the right edge of the street or alley as possible.
(F) No person shall operate a golf cart or UTV on a sidewalk.
(G) No person shall operate or permit the operation of a golf cart or UTV without proof of financial responsibility, as further set forth in division (O) herein, which must be made available upon request by town or state officials.
(H) No person shall operate a golf cart or UTV unless any and all passengers of said golf cart or UTVs are seated in a seat attached to the golf cart or UTV as manufactured. In no event shall a person operate a golf cart or UTV unless the operator and all passengers are completely within the perimeter of the golf cart or UTV.
(I) Any golf cart or UTV shall be equipped with a rear view mirror and factory seating. The occupancy of the golf cart or UTV shall not exceed that contemplated by the factory seating. No person under the age of two years shall be allowed to ride on a golf cart or UTV and all persons under the age of ten years must only ride in the front seat of the golf cart or UTV. The driver and all passengers in the golf cart or UTV must be seated while it is in motion.
(J) No person shall operate a golf cart or UTV unless it is equipped with and displays a triangular slow moving vehicle emblem or a red, or amber, flashing lamp that is entirely visible from the rear of the golf cart or UTV at all times. In addition, no person shall operate a golf cart or UTV unless it is equipped with and displays an orange flag or pennant attached to a pole so that the flag or pennant is at least seven feet above the surface of the street.
(K) No person shall operate a golf cart or UTV so that it impedes or blocks the normal flow of traffic.
(L) The Town Council may exempt any use of a golf cart or UTV by a town employee or official from the provisions of this section when it is determined that the same is necessary to properly perform the functions of the town.
(M) Any person, firm, or corporation who violates, or permits a violation of any provisions of this section shall pay a fine not to exceed $200. Money collected for fines shall be deposited in the general fund. Any person, firm, or corporation who violates, or permits a violation of any provisions of this section commits a Class C infraction.
(N) No person shall operate a golf cart or UTV without valid registration with the town. The Town Clerk-Treasurer shall make forms available for the registration of golf carts or UTV and shall collect all fees for registration. The annual registration fee shall be $40, except that any registration which requires the issuance of plates (typically only the initial registration) shall instead cost $55. Each registration shall last from January 1 to December 31 of each year but may not be prorated for portions of the year already lapsed.
(O) Additional registration requirements. The following steps are also required for the registration of a golf cart or UTV with the Clerk-Treasurer:
(1) Prior to registration, the golf cart or UTV must have been inspected by the Town Marshal or his or her deputy to ensure it complies with the equipment requirements of this section.
(2) At the time of registration, the owner of the golf cart or UTV shall present proof of insurance for the golf cart or UTV, which must include coverage for property damage and personal liability coverage for injury or damage to property of others and for personal injury to other persons with a minimum combined single limit of $100,000. Such insurance must be maintained on the golf cart or UTV for as long as it is operated on streets, alleys, and properties under the jurisdiction of the Town of Fremont.
(Ord. 2015-03, passed 7-21-2015; Am. Ord. 2017- 03, passed 7-18-2017)