Town of Porter ORDINANCE NO. 2010-07

AN ORDINANCE OF THE PORTER TOWN COUNCIL AMENDING ITS TOWN CODE TO PERMIT THE OPERATION OF GOLF CARTS ON PUBLIC STREETS IN THE TOWN OF PORTER

WHEREAS, the Indiana General Assembly has permitted local jurisdictions to adopt traffic regulations to allow golf carts to be operated on public streets and highways subject to traffic regulations adopted by the Town; and

WHEREAS, the Porter Town Council has considered the matter and the traffic regulations contained in this Ordinance.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Porter Town Council as follows:

SECTION ONE: the Porter Town Code, which shall hereafter read as follows:

Local Ordinance, Authority. The Town Council has the authority, pursuant to I.C. 9-21-1-3.3 to adopt by ordinance, additional traffic regulations concerning the use of golf carts on streets within the jurisdictional limits of the Town.

Definitions. “Golf cart” shall have the meaning set forth in I.C. 9-13-2-69.7, as a (4) four wheeled motor vehicle originally and specifically designed and intended to transport (1) one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course. “Financial responsibility” shall have the meaning as liability insurance coverage on a golf cart in the amount not less than required by Indiana law for motor vehicles operated on public highways in the state of Indiana. Definitions may be amended from time to time.

Use of Golf Carts on Town Streets and Highways. Subject to the regulations contained within this Article, the operation of golf carts shall be permitted on streets within the jurisdictional limits of the Town, with the exceptions of State Road 49, US 20 and US 12.

Occupants. The number of occupants in a golf cart shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart. The operator and all occupants shall be seated in the golf cart and no part of the body of the operator or occupant shall extend outside the perimeter of the golf cart while the golf cart is being operated.

Proof of Financial Responsibility. The operator of a golf cart must show financial responsibility when operating a golf cart. Written proof of financial responsibility must be available either on the golf cart or carried by the operator at all times.

License. Golf carts may not be operated on the Town’s streets by a person who has not obtained an operator’s license under I.C. 9-24.

Golf Cart Traffic Regulations.

A. Golf carts shall obey all traffic regulations applicable to motor vehicles.

B. Golf carts shall display a slow-moving vehicle emblem in accordance with Indiana Code 9-21-9.

C. Golf carts shall not be permitted to operate on State Road 49, US 20 and US 12 or at any grade crossing of State Road 49, US 20, and US 12. Golf carts shall not be permitted to operate on any sidewalks, trails, or multi-use paths in the Town.

D. The operation of golf carts on public streets shall be limited to daylight hours, unless the golf cart is equipped with headlamps, tail lamps and stop lamps. In addition, as provided under I.C. 9-21-9-4 if operated after dark, red or amber flashing lamps must be attached to the rear of the golf cart and visible from at least 500 feet.

E. No overnight parking of golf carts on public streets.

Exemptions. The use of golf carts by public safety personnel or by Town employees during special events shall be exempt from the regulations contained in this Article. All such personnel shall be clearly identified, shall be insured and shall maintain a valid operator’s permit pursuant to I.C. 9-24.

Violations. Violation of this Article VII shall be subject to a penalty in the sum of one hundred dollars ($100.00). Fines not paid within thirty (30) days shall be filed with a court of competent jurisdiction. All amounts collected pursuant to this Section shall be deposited in the General Fund.

SECTION TWO: This Ordinance shall be in full force and effect after its adoption and publication as required by law.

ALL OF WHICH IS PASSED AND ADOPTED by the Porter Town Council this 13th day of July, 2010.

PORTER TOWN COUNCIL

(July 16, 2010)