(A) Authority. The Town Council has the authority to regulate the use and operation of golf carts and off-road vehicles on state highways (including State Road 2), local roads, rights-of-way, and public parking lots in the Town of Lowell upon the enactment of an ordinance under IC 9-21-1-3 and 9-21-1-3.3.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GOLF CART. 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 golf on a golf course. (See IC 9-13-2-69.7, as amended from time to time.)
OFF-ROAD VEHICLE. A motor driven vehicle capable of cross-country travel without benefit of a road, over land, water, snow, ice, marsh, swampland, or other natural terrain. This term does not include a farm vehicle, farm wagon, industrial-related vehicle, snowmobile, aircraft, watercraft, golf cart, electric bicycle, or any vehicle properly registered by the bureau of motor vehicles. (See IC 14-8-2-185, as amended from time to time.)
(C) Golf cart use and operation.
(1) Golf carts permitted on state highways and local roads for official business by the Town of Lowell. A golf cart may be used and operated on a public highway (including State Road 2), local street, right-of-way, and public parking lot in the town under the following conditions, only:
(a) The operator of the golf cart shall be an employee of the town on official business for the town;
(b) The golf cart shall be owned or leased by the town;
(c) The town employee shall hold a valid motor vehicle driver's license, and shall carry the license with him or her at all times while operating the golf cart;
(d) A town employee less than 18 years of age who is operating or riding on a golf cart in accordance with this section shall wear a helmet at all times; and,
(e) Any person operating a golf cart in the town in accordance with this section shall comply with the traffic code of the town and the applicable provisions of IC 9-21, et seq., as amended from time to time. (See IC 9-21-1-3 and IC 9-21-1-3.3)
(2) Golf carts prohibited on local roads, rights-of-way, and public parking lots. Except as provided in division (C)(1), it shall be unlawful for an individual to use or operate a golf cart on a public street, right-of-way, or public parking lot in the town.
(a) Any person who violates divisions (C)(1) or (C)(2) commits an ordinance violation. (See IC 9-21-1-3.3)
(b) Penalty. Each violation of divisions (C)(1) or (C)(2) shall, in addition to any other penalty that may be applicable, be punishable by a penalty of a fine of $100.
(c) All fines assessed for a violation of divisions (C)(1) or (C)(2) shall be deposited into the general fund of the town. (See IC 9-21-1-3.3)
(D) Off-road vehicle use and operation.
(1) Off-road vehicles permitted on state highways and local roads for official business by the Town of Lowell. In addition to the exceptions set forth in IC 14-16-1-20, an off-road vehicle may be used and operated on a public highway (including State Road 2), local street, right-of-way, and public parking lot in the town under the following conditions, only:
(a) The operator of the off-road vehicle shall be an employee of the town on official business for the town;
(b) The off-road vehicle shall be owned or leased by the town;
(c) The town employee shall hold a valid motor vehicle driver's license, and shall carry the license with him or her at all times while operating the off-road vehicle; and,
(d) Any person operating an off-road vehicle in the town in accordance with this section shall comply with the traffic code of the town and the applicable provisions of IC 9-21, et seq., as amended from time to time. (See IC 9-21-1-3.3)
(2) Any person who violates division (D)(1) commits an ordinance violation. (See IC 9-21-1-3.3)
(a) Penalty. Each violation of division (D)(1) shall, in addition to any other penalty that may be applicable, be punishable by a penalty of a fine of $100.
(b) All fines assessed for a violation of division (D)(1) shall be deposited into the general fund of the town. (See IC 9-21-1-3.3)
(3) An individual less than 18 years of age who is operating or riding on an off-road vehicle shall wear a helmet at all times, per IC 9-18.1-14-11. An individual who violates this section of the Indiana Code commits a Class C infraction. (See IC 9-18.1-14-11)
(4) Notwithstanding this section of the town traffic code and IC 14-16-1-20, the use and operation of an off-road vehicle upon a public highway, street, right-of-way, or public/private parking lot is prohibited, per IC 14-16-1-20. An individual who violates this section of the Indiana Code commits a Class C infraction. (See IC 14-16-1-20)
(5) An off-road vehicle owned or leased by the town and used for official business by the town is not required to be registered with the Bureau of Motor Vehicles. (See IC 9-18.1-14.1)
(E) Posting signs. The Town Manager, or his or her designee, shall post signs upon State Road 2 giving notice of the local traffic regulations set forth herein, to wit: golf carts and off-road vehicles permitted for town business only.
(Ord. 2020-08, passed 4-13-20)