(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTORIZED CART.
(a) A conveyance that is:
1. Motor driven, either by gas or electricity;
2. Used to carry passengers or equipment; and
3. Smaller than the types of motor vehicles required to be registered by the Bureau of Motor Vehicles such as a:
a. Passenger motor vehicle (as defined in I.C. 9-13-2-123);
b. Recreational vehicle (as defined in I.C. 9-13-2-150); or
c. Truck (as defined in I.C. 9-13-2-188).
(b) A motorized cart may be characterized as a golf cart, utility cart, or similar form of motor vehicle.
(c) The term does not include:
1. An electric personal assistive mobility device (as defined in I.C. 9-13-2-49.3);
2. A motorcycle (as defined in I.C. 9-13-2-108);
3. A motor scooter (as defined in IC 9-13-2-104);
4. A motorized bicycle (as defined in I.C. 9-13-2-109); or
5. An off-road vehicle (as defined in I.C. 14-8-2-185).
(B) Operations and limitation.
(1) Motorized carts may be operated within the corporate limits of Milan by those persons who have a valid motor vehicle drivers license or are at least 16 years of age and 180 days and hold a valid Indiana ID card.
(2) No person whose driving privileges are suspended for the commission of a crime (including operating while intoxicated) shall be permitted to operate a motorized cart on any public street within the corporate limits of the town.
(3) All operators of motorized carts shall abide by all traffic regulations applicable to vehicular traffic and shall only traverse public highways as defined in I.C. 9-25-2-4 (a street, an alley, a road, a highway, or a thoroughfare in Indiana, including a privately owned business parking lot and drive that is used by the public or open to use by the public).
(4) Motorized carts shall not be operated on sidewalks or in the town park other than in parking areas or recognized vehicle traffic areas.
(5) Motorized carts may not traverse streets and highways under the jurisdiction of the Indiana Department of Transportation. Motorized carts may cross these streets to access other streets at street intersections only. The specific streets and highways referenced include Indiana 101 and Indiana 350. Crossings must be made at a right angle.
(6) Motorized carts shall be operated only if such carts are equipped with functional headlights, taillights, windshield, and a brake light, turn signals, and seat belts.
(7) Any children under eight years of age must be properly restrained in a child safety seat or booster seat according to the child restraint system manufacturers instructions under the same terms and conditions as Indiana’s Child Restraint Laws for Motor Vehicles (I.C. 9-19-11 et. seq.). All other passengers are required to wear seatbelts.
(8) No motorized cart shall be permitted to carry more occupants than designed by the manufacturer.
(C) Slow moving vehicle emblem. Before any motorized cart may be operated within the corporate limits of Milan, the cart must have affixed thereto a "Slow Moving Vehicle" emblem as required by I.C. 9-21-9-2. The emblem shall conform with those standards and specifications adopted for slow-moving vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway and shall be maintained at all times in a clean and reflective condition.
(D) Registration. Before any motorized cart may be operated within the corporate limits of Milan, the cart must be registered, inspected, and receive a decal from the Police Department signifying the registration process has been properly completed. A person desiring to register a motorized cart shall bring documentation (including but not limited to bills of sale or DNR registrations) setting forth a description of said cart to the Police Department and complete an application for the registration of said cart. Upon completion of the application, passage of the inspections as to the safety of the cart and all required equipment functioning to the approval of the Police Department, and the payment of a registration fee of $30, a decal will be issued to the applicant. This decal will be applied to the designated areas of the Slow Moving Vehicle Sign. The decal, when issued, shall be non-transferable from the cart for which it is issued. The registration shall be effective for one calendar year. Carts must be re-registered each year on or before December 31 for the ensuing year. There will be no prorating of the registration fee. If a cart is sold, the new owners must register the cart at a cost of $30 before it can be operated within the town limits.
(E) Liability insurance coverage. Each person operating a motorized cart shall show proof of financial responsibility as outlined in I.C.-9-25-2-3.
(F) Exceptions.
(1) Nothing in this section shall apply to any self-propelled vehicle.
(2) Nothing in this section shall apply to motorized carts operated by the Town of Milan or carts being operated for special events with permission of the Town Board or the Chief of Police.
(G) Enforcement. The Police Department shall be charged with enforcement of this section.
(Ord. 4-11-11-1, passed - -2011; Ord. 6-12-17-1, passed 6-12-2017) Penalty, see § 70.99
Editor’s note:
I.C. 9-13-2-104 and 9-13-2-109 were repealed by P.L.221-2014, Sec. 10.