ORDINANCE AMENDING TRAFFIC RULES ON ATVs and GOLF CARTS in Dearborn County:
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
ORDINANCE 2015--_____
ORDINANCE AMENDING CHAPTER 70 OF THE
DEARBORN COUNTY CODE OF ORDINANCES
An Ordinance to amend Chapter 70 of the Dearborn County Code of Ordinances dealing with Traffic Rules.
WHEREAS, changes in State statutes have given local governments the authority to regulate the operation of golf carts on county maintained public roads;
WHEREAS, Dearborn County has previously regulated off-road vehicles and has prohibited their operation on certain county maintained public roads pursuant to State statute;
WHEREAS, in the interests of public safety, the Board of Commissioners believe that Chapter 70 of the Dearborn County Code of Ordinances should be updated address the operation of golf carts on county maintained public roads and the continued operation of off-road vehicles on county maintained public roads; and
WHEREAS, the Board of Commissioners desire to amend the Chapter 70 of the Dearborn County Code of Ordinances to best protect the citizens of Dearborn County, Indiana.
THEREFORE, BE IT ORDAINED that the pertinent portions of Chapter 70 of the Dearborn County Code of Ordinances shall be amended as follows (removed language struck through; added language underlined):
§ 70.04 OFF-ROAD VEHICLES
(A) Off-road vehicles, as defined by state law Indiana Code § 14-8-2-185, may use county roads, outside of the corporate limits of any city or town in accordance with the laws of the State as Indiana as prescribed in Indiana Code § 14-16-1 with the exceptions of:
(1) Stateline Road;
(2) Jamison Road;
(3) North Dearborn Road east of State Road 1;
(4) Georgetown Road;
(5) Bond Road;
(6) Sand Run Road;
(7) Cole Lane;
(8) Whites Hill Road;
(9) Harrison-Brookville Road;
(10) Salt Fork Road;
(11) Jackson Ridge;
(12) Pribble Road; and
(13) Wilson Creek Road;
(B) The prohibited roads listed in subsection (A), above, may be crossed at a ninety degree (90°) angle by an off-road vehicle for agricultural and/or recreational purposes;
(C) No person shall operate an off-road vehicle on a county maintained public highway without a valid motor vehicles driver’s license pursuant to Indiana Code § 14-16-1-20(c);
(D) No other use otherwise prohibited by Indiana law shall be permitted on county roads, including, but not limited to, the prohibitions found under Indiana Code § 14-16-1-23;
(E) A person who operates an off-road vehicle on county roads shall comply with all the conditions of Indiana Code § 14-16-1, et seq., and, specifically, with the requirements of Indiana Code § 14-16-1-20; and
(F) A person who operates a snowmobile on county roads shall comply with all conditions and requirements of State law.
§ 70.07 GOLF CARTS
(A) This section is not intended to promote the operation of golf carts on county maintained public roads. Dearborn County does not recommend or even endorse the operation of golf carts on its roads. However, many of the citizens of Dearborn County want to operate golf carts on county roads. All persons operating golf carts must be attentive to the safety of themselves and others, including passengers, other motorists, bicyclists, and pedestrians. All persons who operate or ride golf carts on county streets do so at their own peril. Dearborn County assumes no liability for the operation of golf carts within Dearborn County based upon this section;
(B) For the purposes of this section, a golf cart is a commercially manufactured four wheeled motor vehicle originally and specifically designed and intended to transport one or more individuals for the purpose of playing the game of golf on a golf course and that has not been modified in any fashion to increase speed;
(C) The operation of a golf cart on any public roadways in Dearborn County is hereby prohibited except as outlined in this section;
(D) The operation of a golf cart is permitted between the hours of 7:00 A.M. and 11:00 P.M. only in the following situations:
(1) Within the municipal boundaries of a city or town that has specifically authorized
the operation of golf carts and only in accordance with the municipal ordinance authorizing the operation of golf carts; and
(2) Within platted subdivisions wherein the speed limit is twenty-five miles per hour (25 MPH) or less;
(E) No person shall operate a golf cart within Dearborn County unless the operator holds a valid driver’s license;
(F) No person shall operate a golf cart with Dearborn County without financial responsibility. Financial responsibility shall have the same meaning in this section as it is defined in Indiana Code Title 9. Proof of financial responsibility shall be in the same manner as provided in Indiana Code § 9-25-4;
(G) No person shall operate a golf cart in the unincorporated areas of Dearborn County unless it is equipped with head lights, tail lights, brake lights, turn signals, and a slow-moving vehicle placard;
(H) No more than two (2) persons, including the operator, may be on a golf cart while it is in use unless the golf cart is specifically manufactured to transport more than two (2) occupants;
(I) No person shall operate a golf cart within Dearborn County unless the golf cart is registered with Dearborn County. To register a golf cart, the owner shall present proof of financial responsibility to the Dearborn County Highway Department, and pay the registration fee of Fifty Dollars ($50.00) to Dearborn County through the Highway Department. The owner must affix the registration sticker issued by the Highway Department upon the back of the golf cart so that it is clearly visible from behind. All registrations expire December 31st of each year. If an owner of a golf cart resides in a municipality that has authorized the operation of golf carts, they shall register their golf cart with that municipality;
(J) At the time of registration, the owner of the golf cart being registered must swear or affirm, under penalties for perjury, that the golf cart they are registering is in compliance with this section. Failure to maintain compliance with this section shall result in penalties in accordance with § 70.99(F);
(K) Monies collected for golf cart registration shall be deposited in the Highway Department MVHA Fund.
§ 70.99 PENALTY
(E) Any person violating any portion of § 70.04 shall be guilty of a Class D infraction and shall be fined up to Twenty Five Dollars ($25.00). Any person found to have violated any portion of § 70.04 more than once in a calendar year shall be guilty of a Class C infraction and shall be fined up to Five Hundred Dollars ($500.00); and
(F) Any person violating any portion of § 70.07 shall be guilty of a Class D infraction and shall be fined up to Twenty Five Dollars ($25.00). Any person found to have violated any portion of § 70.07 a second time in a calendar year shall be guilty of a Class C infraction and shall be fined up to Five Hundred Dollars ($500.00). If a person is cited for a violation of § 70.07 for a third time in any calendar year, he or she shall be guilty of a Class C infraction and shall be fined up to Five Hundred Dollars ($500.00). Additionally, the registration for the golf cart the person was operating at the time of the citation and the registration for any golf cart registered by that person shall be revoked and the golf cart(s) may not be registered for a period of one (1) year.
ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2015.
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
______________________________ ______________________________
SHANE MCHENRY, President KEVIN LYNCH, Member
______________________________
ATTEST: ART LITTLE, Member
______________________________
GAYLE PENNINGTON
County Auditor
No comments:
Post a Comment