(a) Definitions: As used in this chapter:
(1) “Proof of financial responsibility” has the same meaning as set forth in Ohio R.C. 4509.01 (K).
(2) “Golf cart” is a motor vehicle as that term is defined under Ohio R.C. 4501.01 (B). Most golf carts are a type of under speed vehicle (USV). A USV is a four wheeled vehicle other than a truck that is originally designed and constructed with a top attainable speed of 20 mph or less or is not originally designed or constructed for operation on a street or highway. It may not be operated on a public street or highway unless it complies with Ohio R.C. Chapter 4513.
(3) “Inspection” means that inspection that is required by Ohio Administrative Code (OAC) 4501:2-1-01 through 4501:2-1-21.
(4) “Operator” means person who drives or is in actual physical control of a vehicle Ohio R.C. 4501.01(X).
(5) “Registration” has the same meaning as set forth in Ohio R.C. 4503.10(A).
(b) Inspection of Golf Carts.
(1) No person shall operate a golf cart on those streets permitted by this chapter in the Village of Gibsonburg unless the golf cart has been inspected by the Chief of Police or his designee for compliance with the state of Ohio's statutory and administrative requirements that are applicable to motor vehicles.
(2) The inspection must be prearranged with the Chief of Police or his designee.
(3) The owner of any golf cart shall be required to pay an inspection fee of twenty dollars ($20.00). This inspection fee shall be deposited into the general fund. If the Chief of Police or his designee determines that the golf cart complies with the state of Ohio statutory requirements that are applicable to motor vehicles, the Chief of Police or his designee shall issue the owner a certificate of compliance entitling the owner to register, apply for a title and purchase license plates for the vehicle. The owner must also show the Chief of Police or his designee a valid Ohio operator's license (driver's license) and proof of financial responsibility for the golf cart before the certificate of compliance is issued.
(4) If the owner of a golf cart has had the cart inspected, registered and titled, prior to the effective date of this chapter or moves to the Village of Gibsonburg after the effective date of this chapter, but previously having had the golf cart inspected by an authorized inspection program, in order to legally operate the vehicle in the Village of Gibsonburg, the owner/operator must still provide evidence of an inspection in compliance with Ohio statutory requirements.
(c) Permissible Operation of a Golf Cart on City Streets.
(1) No person shall operate a golf cart on designated streets of the Village of Gibsonburg unless the operator is at least eighteen (18) years old and has a valid Ohio operator's license (driver's license), a valid registration for the vehicle and proof of financial responsibility.
(2) No person shall operate a golf cart on: 1(a) any state highway within the Village limits. 2(a) no person shall operate a golf cart on any Village street in the Village of Gibsonburg where the posted speed limit exceeds thirty five (35) miles per hour. Operators may cross state highways (State Route 600/Madison Street and 300/Main Street) and streets where the speed limit exceeds twenty five (25) miles per hour, provided they comply with all other applicable state and local laws. Operators may cross or traverse state highways (State Route 600/Madison Street and 300/Main Street) to get to the nearest side street.
(3) Occupants of golf carts governed by this chapter shall be seated at all times, on the seat of the golf cart when the golf cart is in motion. Standing on any portion of the golf cart when it is in motion is prohibited. The maximum occupancy of a golf cart shall be equal to the number of legitimate, designated seats, with seatbelts, on said gold cart.
(4) A person shall not operate the golf cart on sidewalks.
(5) The driver of any golf cart shall be responsible for ensuring that all passengers are in compliance with all child restraint laws in effect for motor vehicles.
(6) Lap belts shall be properly installed and available with respect to each seating position located on a golf cart. All persons shall wear lap belts while operating or riding in a moving golf cart on a public roadway.
(7) This chapter is not applicable to Village vehicles including gators, and utility vehicles.
(8) No person shall park a golf cart on the street in the designated Downtown District.
(9) No person shall operate a golf cart within any Municipal Park, except in specifically designated areas.
(10) In addition to the inspection, registration and licensing requirements contained herein, each golf cart operated within the municipal limits shall display a permit to be issued by the Chief of Police, or his designee. The permit fee structure shall be as follows:
A. Annual Permit. - $35.00
B. 7 Day Permit - $15.00
C. 3 Day Permit - $10.00
(d) Limitation. The provisions of this section may be waived during limited period of special events for which the operators of said golf carts have received prior approval for the use of golf carts from the Village Police Chief.
(e) Continued Prohibition. Except as specifically authorized herein, no person shall operate a golf cart or other Under Speed Vehicle on Village roads, streets, alleys or publicly owned property.
(f) Penalty.
(1) Whoever violates subsection (c)(10) hereof is guilty of a minor misdemeanor and shall be subject to a fine of $100.00 and an additional penalty of $35.00, which amount shall be applied to the purchase of a one (1) year permit.
(2) Whoever violates any other provisions of this chapter is guilty of a minor misdemeanor on a first offense; is guilty of a misdemeanor of the fourth degree on a second offense within one year after the first offense; and is guilty of a misdemeanor of the third degree on each subsequent offense after the second offense within one year after the first offense.
(Ord. 4-2016. Passed 5-19-16.)