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GOLF CARTS AND OFF-ROAD VEHICLES
(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)
(A) Any person who violates any provision of §§ 71.16 through 71.18 shall be subject to the parking fines and fine procedures provided in § 33.16. Fines are set by Town Council and subject to amendment by Council from time to time. The current fines are available for public inspection at town offices during normal business hours. ('80 Code, § 10.24.110) (Ord. 1988-24, passed 9-26-88)
(B) Any person who violates any provision of this chapter or Chapter 74 for which no other penalty is set forth shall be subject to the penalty provided in § 70.99.