AN ORDINANCE REGULATING THE USE OF GOLF CARTS ON COUNTY ROADS

WELLS COUNTY
ORDINANCE NO. 2012- 04
AN ORDINANCE REGULATING THE USE OF GOLF CARTS ON COUNTY ROADS
WHEREAS, the Board of Commissioners of Wells County has authority under the Acts of the Indiana General Assembly to make all necessary regulations for the preservation of the rights, property, health, safety and welfare of its citizens; and
WHEREAS, the Indiana General Assembly has passed a statute regulating the operation of golf carts on county roads and highways within the County; and
WHEREAS, the Board of Commissioners of Wells County has determined that it is in the best interests of the citizens of Wells County to enact an ordinance regulating the operation of golf carts on roads and highways within the County.
THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF WELLS COUNTY INDIANA AS FOLLOWS:
1.  There shall be added to the Code of Ordinances of Wells County, Indiana an Ordinance regulating the operation of golf carts on roads and highways within Wells County, Indiana, set forth in Exhibit A attached hereto.
This Ordinance shall be in force upon adoption and publication as required by law.
Passed by the Board of Commissioners of Wells County, Indiana this 18th day of June, 2012.
WELLS COUNTY
COMMISSIONERS:
Kevin Woodward
Paul Bonham
C. Scott Mossburg
ATTEST:
Beth Davis, Auditor
“EXHIBIT A”
GOLF CARTS
Section 1.  Definitions
A. “Golf Cart ” shall mean a four (4) wheeled motor vehicle originally and specifically designed and intended to transport one (1) or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.
B. “Financial Responsibility” shall have the meaning expressed in IC 9-25-4-1, et seq (as it now reads or may be amended in the future).
C. “County Road” shall mean the entire width between the boundary lines of every county way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel within Wells County, Indiana.  The term includes, but is not necessarily limited to, streets, alleys, roads, highways, or thoroughfares within unincorporated towns.
D. “Operate” shall mean to exercise any control over the function or movement of a golf cart.
Section 2.  Unlawful Operation of a Golf Cart
It shall be unlawful to operate a golf cart on any county road or highway except as specifically authorized by this Ordinance.  Any person who operates a golf cart in violation of the regulations set forth in this Ordinance may be punished by a fine of up to $100.00 plus costs of this action and attorney fees, with the fine to go into the County’s General Fund.
Section 3.  Requirement of Local Registration
Any golf cart to be operated on a county road or highway shall be registered annually at the Wells County Sheriff’s office located at the Wells County Jail.  Each registrant shall provide the Vehicle Identification Number and proof of financial responsibility with respect to each golf cart to be registered and shall pay a registration fee of Thirty Dollars ($30.00) for each golf cart to be registered. The registration certificate shall be maintained on or about the golf cart at all times that it is in operation.
All monies collected shall go into the County’s General Fund and any expenses with regard to the registration shall be paid out of the registration fee and the County’s General Fund.
Section 4.  Requirement of Driver’s License
The operator of a golf cart on a county road or highway must have a valid driver’s license and must have the driver’s license in his or her possession while operating a golf cart.
Section 5. Requirement of Financial Responsibility
No person may operate a golf cart on county road or highway unless financial responsibility is in effect with respect to the golf cart as provided under IC 9-25-4-4 (as it now reads or may be amended in the future).
Section 6.  Time of Operation and Nighttime Restrictions
No golf cart shall be operated on a county road or highway between one-half (½) hour after sunset and one-half (½) hour before sunrise unless the golf cart is equipped with two (2) headlamps, two (2) tail lamps, front and rear turn lamps, and rear brake lamps, all of which must be visible from a distance of at least five hundred feet (500’).
Section 7.  Requirement of Red or Amber Flashing Lights
No golf cart shall be operated on a county road or highway unless the golf cart is equipped with red or amber flashing lights mounted at a height as low as practicable that are visible from a distance of not less than five hundred (500) feet to the rear. The red or amber flashing lamp may be used at times other than when lighted lamps are required. A double-faced flashing lamp may be used, displaying amber light to the front and red or amber light to the rear.
Red or amber lights shall be used under all circumstances during which the use of lighted lamps on vehicles is required.
Section 8.  Place of Operation
No golf cart shall be operated on or at any of the following
A. Any county road or highway or any portion of any county road or highway where the speed limit in effect at the place of operation is greater than fifty-five (55) miles per hour;
B. Any county road or highway designated as a State Highway, except to cross any State Highway by traveling on a county road or highway perpendicular to the State Highway at a location where the county road or highway intersects with the State highway.
C. Any sidewalk, trail, or greenway path not specifically designated for use by a motor vehicle.
Section 9.  Traffic Laws and Ordinances
The operator of a golf cart on a county road or highway shall comply with all traffic laws and rules adopted by the State of Indiana and/or Wells County.
Section 10.  Occupants
The number of occupants of a golf cart shall be limited to six (6) persons if the golf cart is constructed for six (6) persons.  If not, the number of occupants shall be limited to the number of people the cart was designed to seat.
The operator and occupants shall be properly seated at all times and no part of the body of the operator or occupants shall extend outside the perimeter of the golf cart while the golf cart is in operation; provided however, the operator shall use proper traffic hand signals when required.  No one under the age of two (2) years shall be permitted to be an occupant of a golf cart.
Section 11.  No Towing
No golf cart shall be used to tow any type of trailer or other vehicle of any type.
nb & oj 6/21, 28

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