NAPPANEE - GOLF CARTS
July 28, 2016 at 4:25 p.m.
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AN ORDINANCE AMENDING ORDINANCE NO. 1442,
AN ORDINANCE AUTHORIZING THE USE OF GOLF CARTS ON THE STREETS AND ALLEYS OF THE CITY OF NAPPANEE, AND IMPOSING THE REQUIREMENTS OF A SLOW MOVING VEHICLE SIGN, A DRIVER’S LICENSE, AND LIABILITY INSURANCE COVERAGE, AND ESTABLISHING THE PENALTY FOR VIOLATION THEREOF
Statement of Intent and Purpose
The Indiana legislature adopted HB 1483, which among other things, clarified the status of golf carts being used on public streets and highways. The bill itself made amendments to several statutes that focuses on the general subject of motor vehicles. In essence, effective July 1, 2009, an individual is prohibited from operating a golf cart on a highway, except when a city has adopted an ordinance authorizing the use on city streets. If this Council approves by ordinance the use of golf carts, then it may require the use of a slow moving vehicle signs, and shall require a valid driver’s license and a minimum amount of financial responsibility.
The intent and purpose of this ordinance is to authorize golf cart use on the City of Nappanee’s streets and alleys; require the operator to be licensed; and require financial responsibility in the same minimum amount as required by state law for automobiles.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Nappanee, Indiana, as follows:
Section 1. The use of a golf cart upon the streets and alleys of the City of Nappanee is permitted upon satisfaction or the terms and requirements of this Ordinance with the specific exception that a golf cart shall not be operated on any highway within the corporate boundaries of the City of Nappanee which is designated as part of the Indiana State Highway System other than to cross any such state highway at its intersection with a local street under the jurisdiction of the City of Nappanee.
Section 2. For purposes of this ordinance, the term “golf cart” means 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.
Section 3. A golf cart operated on the streets and alleys of the City of Nappanee shall at all times display either a slow moving vehicle emblem in accordance with IC 9-21-9-3 as amended from time to time or an amber flashing lamp in accordance with IC 9-21-9-4, as amended from time to time.
Section 4. A golf cart operated on the streets and alleys of the City of Nappanee shall at all times be operated by an individual who possesses a valid state issue driver’s license.
Section 5. A person shall not operate a golf cart on the streets and alleys of the City of Nappanee if financial responsibility is not in effect with respect to the golf cart. Proof of financial responsibility shall be in accordance with IC 9-25-4-4, as amended from time to time. A person who operates a golf cart on the streets and alleys of the City of Nappanee shall at all times maintain the state required minimum amount of financial responsibility for the operation of a motorized vehicle on public rights of way.
Section 6. While operating a golf cart on the streets and alleys of the City of Nappanee, the operator of such cart must follow and obey all traffic laws, whether federal, state or local, including traffic signs.
Section 7. No golf cart shall be operated on the streets and alleys of the City of Nappanee during any time period when visibility is limited, whether due to darkness, fog, rain, snow or otherwise, unless it is fully equipped with operational headlamps, tail lamps, turn signals and brake lights.
Section 8. No person shall operate a golf cart unless any and all passengers of said golf cart are seated in a seat attached to the golf cart as manufactured and the number of such passengers shall not exceed the limit of passengers designated by the manufacturer of such golf cart for normal use.
Section 9. No person shall operate a golf cart so that it impedes or blocks the normal flow of traffic.
Section 10. No person shall operate a golf cart on any bicycle path or on any sidewalk in the City of Nappanee.
Section 11. No golf cart shall be operated within the City of Nappanee unless the owner of such golf cart shall have applied for and obtained a valid golf cart permit from the City of Nappanee. Application for such a permit shall be made to the City of Nappanee Police Department utilizing the application form as approved from time to time by the City of Nappanee’s Board of Public Works and Safety. The fee for such application shall be Twenty Dollars and 00/100 ($20.00) made payable to the City of Nappanee. Such permit shall have an effective length of two (2) years from the date of issuance. In connection with the application for such permit, the owner of the golf cart must present the golf cart for inspection by a member of the Nappanee Police Department. Upon issuance of a golf cart permit, the golf cart owner shall be provided a decal which must be affixed to the left rear of the golf cart at all times so as to be visible from the rear of the vehicle and left front side quarter panel.
Section 12. A person or entity may apply for a variance from the application of this ordinance involving the use of a golf cart or golf carts during or in connection with parades and festivals authorized by the City of Nappanee by presenting a petition for such variance to the City of Nappanee’s Board of Public Works and Safety which shall have authority pursuant to this ordinance to determine whether a variance authorizing specific use of such a golf cart or golf carts in connection with such a parade or festival should be issued and to issue such a variance. In the event that the City’s Board of Public Works and Safety shall determine that a variance for such a use should be issued, the City’s Board of Public Works and Safety shall issue a variance for such use with such limitations as the City’s Board of Public Works and Safety shall determine provided that any such variance shall have an effective period of not longer than five (5) days from the effective start date of such variance, as determined by the City’s Board of Public Works and Safety.
Section 13. A person who violates this ordinance shall on the first offense be fined an amount of One Hundred Dollars ($100.00). A person who violates this ordinance a second time within a calendar year of the first offense shall be fined the sum of Two Hundred Fifty Dollars ($250.00). For each violation over two (2) times in a two (2) year period, a person shall be fined a sum not to exceed Two Thousand
Five Hundred Dollars ($2,500.00). Each day of violating this ordinance shall be construed as a separate violation.
Section 14. All fines collected pursuant to Section 12 of this Ordinance shall be deposited in the general fund of the City of Nappanee.
ADOPTED, PASSED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NAPPANEE, INDIANA THIS 21st DAY OF May, 2012.
Kimberly A. Ingle, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 21st DAY OF May, 2012.
Larry L. Thompson, Mayor
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AN ORDINANCE AMENDING ORDINANCE NO. 1442,
AN ORDINANCE AUTHORIZING THE USE OF GOLF CARTS ON THE STREETS AND ALLEYS OF THE CITY OF NAPPANEE, AND IMPOSING THE REQUIREMENTS OF A SLOW MOVING VEHICLE SIGN, A DRIVER’S LICENSE, AND LIABILITY INSURANCE COVERAGE, AND ESTABLISHING THE PENALTY FOR VIOLATION THEREOF
Statement of Intent and Purpose
The Indiana legislature adopted HB 1483, which among other things, clarified the status of golf carts being used on public streets and highways. The bill itself made amendments to several statutes that focuses on the general subject of motor vehicles. In essence, effective July 1, 2009, an individual is prohibited from operating a golf cart on a highway, except when a city has adopted an ordinance authorizing the use on city streets. If this Council approves by ordinance the use of golf carts, then it may require the use of a slow moving vehicle signs, and shall require a valid driver’s license and a minimum amount of financial responsibility.
The intent and purpose of this ordinance is to authorize golf cart use on the City of Nappanee’s streets and alleys; require the operator to be licensed; and require financial responsibility in the same minimum amount as required by state law for automobiles.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Nappanee, Indiana, as follows:
Section 1. The use of a golf cart upon the streets and alleys of the City of Nappanee is permitted upon satisfaction or the terms and requirements of this Ordinance with the specific exception that a golf cart shall not be operated on any highway within the corporate boundaries of the City of Nappanee which is designated as part of the Indiana State Highway System other than to cross any such state highway at its intersection with a local street under the jurisdiction of the City of Nappanee.
Section 2. For purposes of this ordinance, the term “golf cart” means 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.
Section 3. A golf cart operated on the streets and alleys of the City of Nappanee shall at all times display either a slow moving vehicle emblem in accordance with IC 9-21-9-3 as amended from time to time or an amber flashing lamp in accordance with IC 9-21-9-4, as amended from time to time.
Section 4. A golf cart operated on the streets and alleys of the City of Nappanee shall at all times be operated by an individual who possesses a valid state issue driver’s license.
Section 5. A person shall not operate a golf cart on the streets and alleys of the City of Nappanee if financial responsibility is not in effect with respect to the golf cart. Proof of financial responsibility shall be in accordance with IC 9-25-4-4, as amended from time to time. A person who operates a golf cart on the streets and alleys of the City of Nappanee shall at all times maintain the state required minimum amount of financial responsibility for the operation of a motorized vehicle on public rights of way.
Section 6. While operating a golf cart on the streets and alleys of the City of Nappanee, the operator of such cart must follow and obey all traffic laws, whether federal, state or local, including traffic signs.
Section 7. No golf cart shall be operated on the streets and alleys of the City of Nappanee during any time period when visibility is limited, whether due to darkness, fog, rain, snow or otherwise, unless it is fully equipped with operational headlamps, tail lamps, turn signals and brake lights.
Section 8. No person shall operate a golf cart unless any and all passengers of said golf cart are seated in a seat attached to the golf cart as manufactured and the number of such passengers shall not exceed the limit of passengers designated by the manufacturer of such golf cart for normal use.
Section 9. No person shall operate a golf cart so that it impedes or blocks the normal flow of traffic.
Section 10. No person shall operate a golf cart on any bicycle path or on any sidewalk in the City of Nappanee.
Section 11. No golf cart shall be operated within the City of Nappanee unless the owner of such golf cart shall have applied for and obtained a valid golf cart permit from the City of Nappanee. Application for such a permit shall be made to the City of Nappanee Police Department utilizing the application form as approved from time to time by the City of Nappanee’s Board of Public Works and Safety. The fee for such application shall be Twenty Dollars and 00/100 ($20.00) made payable to the City of Nappanee. Such permit shall have an effective length of two (2) years from the date of issuance. In connection with the application for such permit, the owner of the golf cart must present the golf cart for inspection by a member of the Nappanee Police Department. Upon issuance of a golf cart permit, the golf cart owner shall be provided a decal which must be affixed to the left rear of the golf cart at all times so as to be visible from the rear of the vehicle and left front side quarter panel.
Section 12. A person or entity may apply for a variance from the application of this ordinance involving the use of a golf cart or golf carts during or in connection with parades and festivals authorized by the City of Nappanee by presenting a petition for such variance to the City of Nappanee’s Board of Public Works and Safety which shall have authority pursuant to this ordinance to determine whether a variance authorizing specific use of such a golf cart or golf carts in connection with such a parade or festival should be issued and to issue such a variance. In the event that the City’s Board of Public Works and Safety shall determine that a variance for such a use should be issued, the City’s Board of Public Works and Safety shall issue a variance for such use with such limitations as the City’s Board of Public Works and Safety shall determine provided that any such variance shall have an effective period of not longer than five (5) days from the effective start date of such variance, as determined by the City’s Board of Public Works and Safety.
Section 13. A person who violates this ordinance shall on the first offense be fined an amount of One Hundred Dollars ($100.00). A person who violates this ordinance a second time within a calendar year of the first offense shall be fined the sum of Two Hundred Fifty Dollars ($250.00). For each violation over two (2) times in a two (2) year period, a person shall be fined a sum not to exceed Two Thousand
Five Hundred Dollars ($2,500.00). Each day of violating this ordinance shall be construed as a separate violation.
Section 14. All fines collected pursuant to Section 12 of this Ordinance shall be deposited in the general fund of the City of Nappanee.
ADOPTED, PASSED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NAPPANEE, INDIANA THIS 21st DAY OF May, 2012.
Kimberly A. Ingle, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 21st DAY OF May, 2012.
Larry L. Thompson, Mayor
m31
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