Linton golf cart ordinance still on the table; changes suggested

Council member Linda Bedwell presented a revised draft of the ordinance for the council's review and said she hoped action might be taken at next month's meeting.

Linton Police Chief Troy Jerrell was asked by council member Bedwell to look over the ordinance and said his department will inspect the carts, if the ordinance is adopted.

"To the best of my knowledge, it (the proposed ordinance) goes by state law and regulations," he said.

Councilman Charlie Cox said there's still some uncertainty in the draft ordinance whether operators will be allowed to cross the intersections of State Roads 54 (A-Street) and State Road 59 (South Main Street).

As written, the ordinance states that no person may operate a golf cart for any reason on any street where operation is prohibited by a posted sign; State Roads 54 and 59 on their entire length; any of the above streets except State Road 54 and 59 may be driven across from one side to the other at the intersection.

Cox suggested striking the last part of that statement saying, "You have to be able to cross it."

He pointed out that an ordinance drafted by the city of Bristol allows for the crossing of a state roads at designated and marked golf cart crossings.

"I think law has allowed for it personally, Cox said.

Council member Bedwell sided with Cox and said, "I just don't think that when the state says the cities and towns could make their own ordinances that they just made the law so you can't cross the highway. I just don't think that is what the state intended for them to do."

City Attorney Tim Shonk disagreed and said he had some question about whether this is legal.

"I don't think we have the authority to allow them onto the state highway," Shonk told the council. "That's not our (the city's) highway, that's the state's highway."

He continued, "I didn't find anything that will allow you to run across. It is not our highway, it's the state's highway. I didn't see anything that will allow us to give people permission to run across it."

Bedwell speaking to Shonk said, "That is what we pay you for, you find it out for us."

To that Shonk replied, "There isn't anything to find out about what they intended. If you want to go against my advice, put it in there and say they can go across (the intersection), but I am not going say they can cross it because I can't find anything that clearly says they can."

Cox noted that a clarification needs to be made in the final ordinance.

"The point of the ordinance is so that the ordinance is written and if they violate this ordinance they are subject to fines and tickets. So we shouldn't say we should allow them to do something that is illegal in my opinion," Cox said.

In April, the state General Assembly approved legislation -- House Bill 1483 -- allowing golf carts to be driven in towns and cities beginning July 1 -- if there is a local ordinance allowing it.

Provisions within the current legislation require the driver of the golf cart to have a valid driver's license and the vehicle to have insurance as well as a revolving red or amber light or slow-moving-vehicle sign.

All of the state provisions are included in the city's working document -- which also notes additional details such as insurance coverage minimums and guidelines on placement of slow-moving-vehicle signs and revolving red or amber lights.

The document prohibits use of golf carts on sidewalks and pedestrian walkways as well as in the city park, city cemetery, any property owned or leased in the city and anywhere on the grass skirt between street and sidewalk in the city.

According to the draft ordinance, carts are to be operated on "the extreme right side of the roadway and travel with the flow of traffic; carts shall be operated in single file with headlights and taillights in operation at all times of the day or night; if a trailer is towed behind a cart, the trailer must conform to all lighting requirements for carts; cart operators shall yield right of way to all other vehicular traffic and pedestrians".

In addition, carts -- under terms of the proposed ordinance -- will only be allowed to be operated during daylight hours -- which will consist of one-half hour after sunrise and one-half hour prior to sunset.

The working document also includes:

* Golf carts are required to have head and tail lights on when in operation.

* No person shall operate a golf cart that is not equipped with a rearview mirror.

* A golf cart must have a permit in order to be driven in the city. Permits will be issued on a yearly basis with a fee of $25 valid from Jan. 1 through Dec. 31.

* Golf carts will be inspected prior to any permit being issued by the Linton Police Department. The permits will be issued by the clerk-treasurer's office.

The ordinance also spells fines -- which will be deposited in the city's general fund -- for violation of its provisions.

* $100 for the first offense within a two-year period.

* $250 for the second offense within a two-year period.

* $500 for the third offense within a two-year period.

Councilman Cox also took exception to a provision in the ordinance that states a golf cart shall be impounded if a person violates any portion of the ordinance more than four times in a two-year period.

"I think that is too many. If they violate it more than two times (it should be impounded)," Cox said.

The council agreed to amend the ordinance to two violations.

The proposed ordinance does not regulate the operation of "Electric Personal Assistance Mobility Devices" or restrict the use of golf carts by law enforcement agencies, fire departments, municipalities or state agencies.