(A) Except as hereinafter otherwise provided, the operation of golf carts on city streets is and shall be prohibited, except insofar as such golf carts are registered, equipped, and operated in full compliance with this chapter.
(B) Only persons holding a valid motor vehicle driver's license may operate a golf cart within the city under this chapter. An operator of a golf cart must have the valid motor vehicle driver’s license in his or her possession at all times while operating the golf cart.
(C) Golf carts may only be operated on streets within the city on which the speed limit is 30 miles per hour or less.
(D) Golf carts may not be operated:
(1) On sidewalks;
(2) On State Highway 62 (Fourth Street), except to cross State Highway 62 (Fourth Street) at right angles at the following intersections: Wolflin Street, Munchoff Street, Pearl Street, Vine Street, Mill Street, Mulberry Street, Locust Street, Canal Street, Wood Street, and Owen Street;
(3) On Main Street, except to cross Main Street, at right angles, in order to travel from one street under the jurisdiction of the city to another street under the jurisdiction to the city when the operation can be done safely and crossings shall not occur at the following intersections: Third and Main, Fourth and Main, and Fifth and Main;
(4) On streets on which the speed limit is more than 30 miles per hour;
(5) At a speed greater than 25 miles per hour;
(6) On any unpaved surfaces of public property; and
(7) On any private property without permission of the owner.
(E) All golf carts and the operation thereof shall be subject to all traffic rules, in addition to the requirements set forth herein, as required by Indiana Statutes governing the operation of motor vehicles.
(Ord. 2021-24, passed 12-15-21; Am. Ord. 2022-09, passed 5-18-22)
(A) The owner or lessee of a golf cart desiring to operate it on the streets of the city must register the golf cart annually with the city on or before March 1, and pay an annual registration fee of $30 paid to the City Clerk/Treasurer who, after inspection by the City Police Department verifying the golf cart is insured and equipped as required by §§ 76.03 and 76.04, respectively, of this chapter, shall issue a certificate of registration ("permit" or "permit decal") which permit shall be prominently attached to and displayed on the bottom left corner of the windshield of the golf cart or, if the golf cart lacks a windshield, the front driver-side quarter panel of the golf cart.
(B) The City Clerk-Treasurer, or her designated agent, is authorized to collect the registration fees and the registration fees collected shall first be used to pay the cost of purchasing the permit decals and the balance of the registration fees collected under this section shall be deposited in the Police Education Fund.
(Ord. 2021-24, passed 12-15-21)
A golf cart operating on the streets of the city shall be insured by liability insurance coverage in an amount not less than that provided by Indiana Statutes for motor vehicles operated on public thoroughfares in the State of Indiana. Proof of such liability coverage must be available on the golf cart or carried by the operator at all times the golf cart is operated under this chapter.
(Ord. 2021-24, passed 12-15-21)
A golf cart operating on the streets of the city shall be equipped with two operating headlights (one on each side of the front of the golf cart), tail lights (one on each side of the rear of the golf cart) visible from a distance of 500 feet, brakes adequate to control the movement of and to stop and hold the golf cart; brake lights, a rear view mirror, a daylight fluorescent orange flag attached to the rear of the golf cart displayed at a height of seven feet, and, a slow moving vehicle placard shall be prominently displayed on the rear of the golf cart as provided by I.C. 9-21-9-2. Additional reference I.C. 9-21-9-3 and 9-21-9-4.
(Ord. 2021-24, passed 12-15-21)
(A) Occupants, including the operator, of a golf cart in operation on the city streets or thoroughfares shall be limited to the number of persons for whom factory seating is installed on the cart. However, in no event shall a golf cart, as manufactured, transport more than six persons.
(B) Occupants of the golf cart, including the operator, shall be seated in the cart and no part of the body of the operator or an occupant shall extend outside the perimeter of the cart while in operation.
(Ord. 2021-24, passed 12-15-21)
The owner, or lessee, of a golf cart, who applies for a permit to operate the golf cart within the city as herein above provided in § 76.02, shall agree to be responsible, jointly and severally, with any person who is permitted to operate the golf cart, for any injury or damages the operator causes by reason of the operation of the golf cart if such operator is liable for such damages.
(Ord. 2021-24, passed 12-15-21)
(A) All law enforcement officers shall have the power and it shall be their duty to enforce the provisions of this chapter unless otherwise prevented by state statutes regarding the enforcement of state laws.
(B) Any person who violates this chapter shall be subject to a penalty of $100 for the first violation in any 12-month period.
(C) Any person who violates this chapter a second time in any 12-month period shall be subject to a penalty of $200. Any additional violation in a 12-month period shall increase by $100, i.e., a third offense is $300, fourth offense is $400, and the like. In addition, the permit as herein above provided, may be subject to suspension or revocation; provided, however, in the event that more than two offenses constituting violations of this chapter occur within one year, the permit to operate the golf cart shall be revoked and may not be reissued for a period of one year. This revocation shall apply to both the person to whom the revoked permit was issued and the golf cart for which the permit was issued.
(D) If the person found responsible for violation of this chapter is a minor, the custodial parent or parents or the guardian of the minor shall be responsible for the actions of such minor and shall be liable for payment of the fine or fines imposed hereunder.
(E) A court may order compliance with the provisions of this chapter.
(F) Upon collection, all fines and penalties shall be payable to the Clerk-Treasurer. The Clerk-Treasurer is hereby authorized to accept the payment of the monetary penalties into the General Fund of the city.
(G) Ordinance violations issued pursuant to this chapter shall be referred to the City Attorney for filing with the appropriate court in Posey County, Indiana. Persons who admit or are found to have violated the provisions of this chapter shall also be responsible for the city’s legal fees incurred for filing the ordinance violation and court appearances, in addition to the fine assessed.
(Ord. 2021-24, passed 12-15-21)