July 23, 2014 at 2:10 p.m.
Golf cart issue complicating efforts (08/25/2008)
Jay County Commissioners
By By STEVE GARBACZ-
A new ordinance for off-road vehicles should be pretty straightforward, but the golf cart side of it continues to present problems.
Attorney Lon Racster presented research to the Jay County Commissioners this morning on the off-road vehicle and golf cart ordinance which has been proposed to allow these vehicles to travel on county roadways.
Off-road vehicles, Racster said, should be no trouble, since the county can state that as long as drivers follow the provisions in the Indiana Code, those vehicles will be allowed to ride the roadways. The commissioners continued to support that an additional requirement should be added that drivers under 18 years of age will need to wear a helmet.
And then the discussion turned to the muddled golf cart debate.
The Indiana State Police said last week that golf cart usage is illegal on roads despite any ordinances since they are motor vehicles by definition and cannot be licensed. Golf carts cannot be licensed since there is no section defining them in the Indiana Code and no procedure for doing so with the Bureau of Motor Vehicles.
"They've tried to handle the problem piecemeal," Racster said, stating that the code has definitions of vehicles seemingly as they are needed. There is no definition for golf carts. Whether the county could legally regulate golf cart usage, therefore, is unclear.
"Subdivisions cannot pass statutes that are less restrictive than the state," Racster said and added, "Golf carts are not something the state has decided to regulate."
Racster informed the commissioners, however, that the power of the home rule, a rule that allows local governments to regulate the unregulated in their jurisdiction, might allow the county to pass such an ordinance since there is no state statute barring it.
"In my opinion, until such a time as (the state) chooses to regulate (golf carts), the home rule says we could," Racster said.
The lack of clarity leaves options open. A golf cart could fall under the defined sections of a low-speed vehicle. Those are defined as four-wheel, electric vehicles that have certain safety implements non-standard on most golf carts such as mirrors, turn signals and a windshield among others. The definition was likely formed to cover electric cars which have started to appear, but could possibly cover a modified golf cart.
There were questions, though, about whether the county would be liable if someone were injured in an accident while on a golf cart. The county could be liable if they authorize the non-state-regulated carts on the roadways.
There are no clear answers with golf carts since the information isn't complete.
"It's just not addressed," Racster said. "The state legislature has got to address the problem."
Whether the ordinance is passed or not, the commissioners took some relief that local authorities likely wouldn't start hassling golf cart drivers.
"If you see a golf cart, just look the other way," joked commissioner Faron Parr.
"They've got too many other things to keep them busy, hopefully," said commissioner Gary Theurer.
Racster said he will continue to write up an ordinance for the commissioners to review, which would allow the easy-to-handle off-road vehicle allowance but would likely state that golf carts can be operated on county roads as long as they comply with state codes.
As to what state codes, Racster said, like most information surrounding golf carts, that's going to be open for determination.
In other business this morning, the commissioners:
•Met in their capacity as Jay County Drainage board with county surveyor Brad Daniels.
The board discussed ongoing wetland destruction claims at the former XPLEX site. The commissioners, Daniels, and Jay County Soil and Water Conservation District educator Bettie Jacobs discussed the county's role in drainage work at the site. Daniels said the only work the county was responsible for in the area was repairing a broken tile in the wooded area at the site.
The board also discussed some drainage impact of a proposed heifer operation that may be established near the Adams County line and county road 350 East. The proposed operation would require some county drainage lines to be rerouted.
The commissioners were also informed by Daniels that some machinery used by the surveyor's office was vandalized. Daniels said he would file an insurance claim.
•Spoke with county engineer Dan Watson on three separate business matters.
Watson required two appointed members for a wage commission. Parr and Portland resident Jim Sanders volunteered to fill the open spots.
Watson presented the commissioners with a cost estimate to expand the Jay County Jail's parking lot and repave it at a total cost of $17,000. The possible parking lot project would add eight new spaces and repave the lot, which hasn't been worked on since the jail was built. The commissioners, however, were not pleased with the large price tag.
The commissioners also discussed with Watson options to repair the roof of the courthouse annex building at 504 W. Arch St.[[In-content Ad]]
Attorney Lon Racster presented research to the Jay County Commissioners this morning on the off-road vehicle and golf cart ordinance which has been proposed to allow these vehicles to travel on county roadways.
Off-road vehicles, Racster said, should be no trouble, since the county can state that as long as drivers follow the provisions in the Indiana Code, those vehicles will be allowed to ride the roadways. The commissioners continued to support that an additional requirement should be added that drivers under 18 years of age will need to wear a helmet.
And then the discussion turned to the muddled golf cart debate.
The Indiana State Police said last week that golf cart usage is illegal on roads despite any ordinances since they are motor vehicles by definition and cannot be licensed. Golf carts cannot be licensed since there is no section defining them in the Indiana Code and no procedure for doing so with the Bureau of Motor Vehicles.
"They've tried to handle the problem piecemeal," Racster said, stating that the code has definitions of vehicles seemingly as they are needed. There is no definition for golf carts. Whether the county could legally regulate golf cart usage, therefore, is unclear.
"Subdivisions cannot pass statutes that are less restrictive than the state," Racster said and added, "Golf carts are not something the state has decided to regulate."
Racster informed the commissioners, however, that the power of the home rule, a rule that allows local governments to regulate the unregulated in their jurisdiction, might allow the county to pass such an ordinance since there is no state statute barring it.
"In my opinion, until such a time as (the state) chooses to regulate (golf carts), the home rule says we could," Racster said.
The lack of clarity leaves options open. A golf cart could fall under the defined sections of a low-speed vehicle. Those are defined as four-wheel, electric vehicles that have certain safety implements non-standard on most golf carts such as mirrors, turn signals and a windshield among others. The definition was likely formed to cover electric cars which have started to appear, but could possibly cover a modified golf cart.
There were questions, though, about whether the county would be liable if someone were injured in an accident while on a golf cart. The county could be liable if they authorize the non-state-regulated carts on the roadways.
There are no clear answers with golf carts since the information isn't complete.
"It's just not addressed," Racster said. "The state legislature has got to address the problem."
Whether the ordinance is passed or not, the commissioners took some relief that local authorities likely wouldn't start hassling golf cart drivers.
"If you see a golf cart, just look the other way," joked commissioner Faron Parr.
"They've got too many other things to keep them busy, hopefully," said commissioner Gary Theurer.
Racster said he will continue to write up an ordinance for the commissioners to review, which would allow the easy-to-handle off-road vehicle allowance but would likely state that golf carts can be operated on county roads as long as they comply with state codes.
As to what state codes, Racster said, like most information surrounding golf carts, that's going to be open for determination.
In other business this morning, the commissioners:
•Met in their capacity as Jay County Drainage board with county surveyor Brad Daniels.
The board discussed ongoing wetland destruction claims at the former XPLEX site. The commissioners, Daniels, and Jay County Soil and Water Conservation District educator Bettie Jacobs discussed the county's role in drainage work at the site. Daniels said the only work the county was responsible for in the area was repairing a broken tile in the wooded area at the site.
The board also discussed some drainage impact of a proposed heifer operation that may be established near the Adams County line and county road 350 East. The proposed operation would require some county drainage lines to be rerouted.
The commissioners were also informed by Daniels that some machinery used by the surveyor's office was vandalized. Daniels said he would file an insurance claim.
•Spoke with county engineer Dan Watson on three separate business matters.
Watson required two appointed members for a wage commission. Parr and Portland resident Jim Sanders volunteered to fill the open spots.
Watson presented the commissioners with a cost estimate to expand the Jay County Jail's parking lot and repave it at a total cost of $17,000. The possible parking lot project would add eight new spaces and repave the lot, which hasn't been worked on since the jail was built. The commissioners, however, were not pleased with the large price tag.
The commissioners also discussed with Watson options to repair the roof of the courthouse annex building at 504 W. Arch St.[[In-content Ad]]
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