(A) Registration.
(1) The Rushville Police Department is charged with the registration and inspection of golf carts and UTV side-by-side vehicles. The Rushville Police Department shall also maintain records of the registration and inspection of golf carts and UTV side-by-side vehicles.
(2) Golf cart and UTV side-by-side owners wishing to have their vehicle registered for use on streets and alleys within the city must complete the application prescribed by the Chief of Police and comply with the other provisions outlined in this section and within applicable State law.
(3) A GOLF CART is defined as 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 the game of golf on a golf course.
(4) A UTV SIDE-BY-SIDE VEHICLE is defined in Indiana Code I.C. 14-8-2-233.5. For purposes of this section, UTVs do not include:
(a) A farm vehicle being used for farming, including, but not limited to, a farm wagon.
(b) A vehicle used for military or law enforcement purposes.
(c) A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function, including, but not limited to, a farm wagon.
(d) A snowmobile.
(e) A registered aircraft.
(f) A golf cart vehicle (addressed separately within this section.)
(g) Any other vehicle properly registered by the bureau of motor vehicles.
(h) Any watercraft that is registered under Indiana statutes.
(5) Before registration of a golf cart or UTV side-by-side vehicle, the Police Department shall inspect the vehicle to insure it is equipped with the following:
(a) Golf cart.
1. A Vehicle Identification Number (VIN);
2. A reflective "Slow Moving Vehicle" sign;
3. Rubber tires that are free from cracks or excessive wear;
4. A rearview and/or side mirror reflecting an accurate view of the area to the rear of the golf cart;
5. A muffler (if the golf cart is not electric-powered) in good, working order; and
6. A minimum of two red reflectors mounted to the rear of the golf cart if cart not equipped with working taillights and/or brake visible out to 500 feet.
(b) UTV side-by side.
1. Must meet all statutory definitions for a UTV side-by side as outlined in Indiana Code;
2. A Vehicle Identification Number (VIN);
3. Two turn signals, two headlights, and at least one brake light;
4. Seatbelts for all seating positions;
5. Valid DNR registration for off road vehicle (UTV side-by-side) obtained pursuant to Indiana DNR and BMV requirements;
6. A muffler, in good working order; and
7. A factory installed rollover protection system.
(6) Before registering of any golf cart or UTV Side-by-Side Vehicle, the owner must be able to show the Police Department proof of financial responsibility. Written proof of financial responsibility must be carried on the golf cart/UTV side-by-side vehicle or on the person of the operator of the golf cart/UTV side-by-side vehicle at all times when the vehicle is in operation.
(7) Before registration is issued, the owner/operator of the vehicle must provide to the Police Department a valid driver's license to operate a motor vehicle on the public road in the State of Indiana.
(8) The Rushville Police Department shall not register any golf cart or UTV side-by-side vehicle that does not meet each of the criteria referenced in this section.
(9) Golf Cart and UTV side-by side vehicle registrations are valid from the date of issue until April 30th of the following year. Upon conclusion of the registration period, the vehicle must again be presented to the Police Department for inspection and registration.
(B) Registration and registration sticker.
(1) The registration and inspection of golf carts and UTV side-by-side vehicles will take place by appointment at the Police Department, located at 270 W 15th Street, Rushville, IN 46173, from March 1 to April 30 of each year. Golf carts and UTV side-by-side vehicles will only be registered outside this timeframe if the owner can show proof of purchase dated May 1 or later. Registrants of golf carts and UTV side-by-side vehicles registered outside the specified window will still be responsible for associated processing fees, and they will be required to reregister again the following March 1 to April 30 to fall into compliance with the prescribed cycle.
(2) The Police Department will charge a processing fee for the registration and inspection of golf carts of $25. The processing fee will cover the production of registration stickers, educational materials to be distributed at the time of initial registration, and for the physical inspection by a Police Department Officer. The assessed processing fee will be deposited in the Rushville Police Department Law Enforcement Continuing Education (LEGE) Fund.
(3) Upon registration, the owner of the golf cart or UTV side-by-side vehicle will receive a registration sticker from the Police Department that must be displayed on the front driver's side area of the golf cart or UTV side-by-side vehicle. If the registration sticker becomes damaged or is tampered with, it must be reported to the Police Department within 24 hours for rectification.
(4) The registration of a golf cart or UTV side-by-side vehicle is not transferable to another individual nor to another golf cart or UTV side-by-side vehicle.
(5) No individual shall receive registration who has been cited and convicted of a violation of this section within the previous 12-month period.
(C) Insurance.
(1) The owner/operator of any golf cart or UTV side-by-side vehicle must be covered by liability insurance coverage in an amount and duration not less than that provided by Indiana Statutes for motor vehicles operated on public thoroughfares in the State of Indiana.
(2) If during the period of registration, the operator/owner allows the insurance to lapse, or the insurance coverage is terminated by the insurance carrier, the registration will become invalid, and the owner/operator of the golf cart or UTV side-by-side vehicle shall not operate it on public streets.
(D) Operation.
(1) Only licensed drivers shall be allowed to operate golf carts in the city. Only licensed drivers over the age of 18 shall be allowed to operate a UTV side-by-side vehicle in the city. The operator must possess on his or her person, or within the golf cart/UTV side-by-side vehicle, proof of financial responsibility. Additionally, operators of UTV side-by-side vehicles must have within the vehicle a valid certificate of registration.
(2) Only golf carts and UTV side-by-side vehicles that have obtained proper inspection and registration pursuant to this ordinance may operate in accordance with this section.
(3) Only golf carts equipped with at least two headlights, two turn signals, two taillights, and one brake light shall be allowed to operate during hours of darkness, namely between the hours of sunset and sunrise. Golf carts not equipped with these types and quantity of lights shall be restricted to daylight operation only, namely between sunrise and sunset.
(4) Only UTV side-by-side vehicles equipped with a minimum of two headlights and one taillight shall be allowed to operate between sunset and midnight. Operation of UTV side-by side vehicles between the hours of midnight and 6:00 a.m. is prohibited.
(5) Golf carts and UTV side-by-side vehicles shall have one properly installed seat belt per seating position on the vehicle. Seat belts shall be utilized while the golf cart or UTV side-by-side vehicle is in operation.
(6) Operation of golf carts and UTV side-by-side vehicles on any road, or any portion of any road, designated as a state road (US 52, SR 44, SR 3) is prohibited. These roads may be crossed at 90 degrees at any properly established intersection.
(7) Golf carts and UTV side-by-side vehicles shall travel in single-file on city streets and alleys and yield to motor vehicle traffic as required by State law.
(8) Operation of golf carts and UTV side-by-side vehicles on private property is prohibited unless the operator has the expressed consent of the property owner.
(9) Golf carts and UTV side-by-side vehicle operators shall abide by the rules of the road and comply with all state laws and local ordinances to include statutes related to open container laws, operating while intoxicated and relevant state statutes regarding cell phone use in a motor vehicle. Additionally, UTV side-by-side operators and owners must comply with State law requirements regarding usage of helmets.
(10) Golf cart and UTV side-by-side vehicle operators shall demonstrate proficiency with proper hand signals prior to registration completion if the vehicle is not equipped with turn signals and brake lights. Hand signals will be utilized during the operation of all golf carts and UTV side-by-side vehicles not equipped with turn signals and brake lights.
(11) Golf carts and UTV side-by-side vehicles shall only be operated on the drivable portion of the roadway. Operation on sidewalks or the neutral area between the sidewalk and curb are prohibited. Operation in city parks or on park trails or other areas designated as walk/run or bicycling trails is prohibited.
(12) Parking golf carts and UTV side-by-side vehicles on city streets is only allowed during the stated hours of operation.
(13) Golf carts and UTV side-by-side vehicles shall not be operated in any manner in which to impede the reasonable movement of traffic.
(14) The number of occupants on a golf cart or UTV side-by-side vehicle shall not exceed the number of persons for whom factory seating is installed. All occupants must remain seated during operation. No occupant shall be less than eight years in age.
(E) ATVs, snowmobiles, and ORVs (other than UTV side-by-side vehicles). The use of ATVs, snowmobiles, and ORVs, other than UTV side-by-side vehicles, as defined by Indiana Code is prohibited on city property and streets and alleys within the city.
(F) Exemptions.
(1) Employees, agents, and officials of the city, or individuals acting at the direction of the city administrators, while engaged in city government business, are exempt from the application of this section.
(2) Subject to the discretion of the Mayor, temporary exemptions to the rules set forth in this section may be granted to official participants in parades, festivals, or other special events.
(G) Penalty.
(1) Violation of this section shall be punishable as a Class "C" Infraction. Golf carts and UTV side-by-side vehicles found to be in violation of this chapter may be impounded at the discretion of the investigating officer.
(2) Whoever violates any provision of this title for which no specific penalty is otherwise provided, shall be subject to the penalties proscribed pursuant to Indiana Code for any violations of a traffic or criminal violation.
(H) Liability. The intent of this section shall not be construed as a representation, opinion, claim, warranty, or guarantee that operating any particular golf cart or UTV side-by-side vehicle on any city street is safe, advisable, nor that any person is competent to so operate such a vehicle. The city, the City Council, the Chief of Police, and any city employee assumes no liability after issue of a golf cart or UTV side-by-side vehicle registration. The city expressly disclaims any liability for personal injury, death, property damage, and other losses caused or alleged to be caused or incurred by any person due to, or alleged to be due to, the operation of a golf cart or UTV side-by-side vehicle on a city street.
(Ord. 2009-2, passed 8-4-2009; Am. Ord. 2017-17, passed 9-19-2017; Am. Ord. 2018-23, passed 9-4-2018; Am. Ord. 2019-10, passed 6-18-2019; Am. Ord. 2021-12, passed 4-20-2021; Am. Ord. 2021-21, passed 7-20-2021; Am. Ord. 2022-2, passed 3-15-2022)