ORDINANCE NO. 2009-7-1 AN ORDINANCE AUTHORIZING THE USE OF GOLF CARTS ON THE STREETS AND ALLEYS OF THE TOWN OF WINONA LAKE, 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 WHEREAS the Indiana legislature adopted HB 1483 and HB 1001ss hereinafter sometimes called the "ACTS" which, among other things prohibit a golf cart from being operated on a highway on and after July 1, 2009, except in Cities and Towns that adopt an Ordinance permitting Golf Carts to be operated on streets and highways within the municipality, and WHEREAS Indiana Code (hereinafter identified as IC 9-24-1-7(b) now requires that any ordinance adopted under IC 9-21-1-3(a)(14) or IC 9·21-1-3.3(a) that permits a golf cart to be operated upon streets or highways within a Town must require the operator to have a valid driver's license, and WHEREAS the IC 9-21-1-3(a)(14) and the ACTS further permit the Town to require a Slow Moving Emblem as provided by IC 9-21-1-9·3 or a red or amber flashing lamp as provided IC 9-21-9-4, and to adopt additional regulations that do not duplicate state law, and Whereas the Town Council of the Town has determined to enact an ordinance permitting the operation of a Golf Cart upon the streets and highways in the Town pursuant to IC 9-21-1-3.3, and to adopt regulations as provided by IC 9-21-1-3(a) (14), including but not limited to requiring financial responsibility in the same minimum amounts as required by state law for automobiles, NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Winona Lake, Indiana, as follows: Section 1. The use of a golf cart upon a public highway in the Town of Winona Lake is permitted. As used herein the term "public highway" shall have the same meaning as its definition set forth at IC 9-25-2-4, which includes a street, an alley, a road, a highway or a thoroughfare in Indiana, including a privately owned business parking lot and drive that is used by the public or open to use by the public. Section 2, 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 as is more particularly defined by IC 9-13-2-69.7. Section 3. A golf cart operated on a public highway in the Town of Winona Lake shall at all times display either a slow moving vehicle emblem in accordance with IC 9-21-9-3 or a red or amber flashing lamp in accordance with IC 9-21-9-4. Section 4. A golf cart operated on a public highway in the Town of Winona Lake shall at all times be operated by an individual who possesses a valid state issued driver's license. Section 5. A person shall not operate a golf cart on a public highway in the Town of Winona Lake unless financial responsibility is in effect with respect to the golf cart and its operation for bodily injury and property damage in the same minimum amounts and in the same manner as is required by the State of Indiana for motor vehicles. Financial Responsibility shall have the same meaning in this Ordinance as it is defined in Title 9 of the Indiana Code. Financial responsibility shall be in effect and proved by in the same manner as is provided by IC 9-25-4 Currently minimum amount of financial responsibility required for the operation of a motor vehicle in the State of Indiana is in the following amounts: (a) Subject to the limit set forth in subdivision (b), twenty-five thousand dollars ($25,000) for bodily injury to or the death of one (1) individual. (b) Fifty thousand dollars ($50,000) for bodily injury to or the death of two (2) or more individuals in anyone (1) accident. (c) Ten thousand dollars ($10,000) for damage to or the destruction of property in one (1) accident. Section 6. A person who violates this ordinance shall on the first offense be fined One hundred dollars ($100). A person who violates this ordinance a second time within a calendar year of the first offense shall be fined the sum Two hundred fifty dollars ($250). A person who violates this ordinance a third time, or more, shall be fined a sum not to exceed Two thousand five hundred dollars ($2,500), together with the reasonable attorney's fees incurred by the Town in enforcing this Ordinance. Each day of violating this ordinance shall be construed as a separate violation. Section 7. All fines collected pursuant to Section 6 shall be deposited in the general fund of the Town of Winona Lake. Section 8. All parts of Ordinances in conflict herewith are hereby repealed, but those parts of Ordinances not in conflict herewith shall remain in full force and effect. Section 9. This ordinance shall be in full force and effect from and after the date of its passage and duly publication notice. Section 10. Each and every part of this ordinance is severable, so that if one part is determined unenforceable, the remainder of the ordinance shall remain in full force and effect. UPON MOTION DULY MADE, SECONDED AND PASSED BY UNANIMOUS VOTE, this Ordinance is considered for final passage upon its first presentation. This Ordinance is effective upon passage and signing by the Winona Lake Town Council. Adopted by the Town Council of the Town of Winona Lake, IN, this 28th day of July, 2009, by a vote of 5 ayes and 0 nays. AYES NAYS ATTEST: Retha S. Hicks, Winona Lake Clerk-Treasurer s2 [[In-content Ad]]
