Staff report
Lebanon – The city attorney issued a strongly worded letter citing state statutes that asserts Lebanon’s right to pass an ordinance regulating golf cart traffic on city streets.
In the meantime, the prosectuor’s office said it will begin reviewing cases on Wednesday, pending a clarification from the city about its interpretation of the law.
In a June 12, 2006, letter sent to Boone County Prosecutor Todd Meyer, Larry Giddings claims that Lebanon’s ordinance meets Home Rule statutory guidelines in cases where local ordinances do not conflict with state law.
Additionally, Giddings also cites the Motor Vehicle Code – specifically IC 9-21-1-3(a)(14) – which allows a local authority to regulate or prohibit the operation of low speed vehicles on highways.
The low speed vehicle definition includes golf carts, in Giddings’ opinion, which means it is subject to local regulation.
“Our Council has chosen to regular golf cart traffic on City streets and in my opinion they have the power pursuant to Indiana law to do so,” Giddings writes.
In a June 21 written response to Giddings’ letter, Meyer believes the increased golf cart traffic since the ordinance’s passage constitutes a public safety issue. He cited a recent incident in Indianapolis where a 12-year-old girl suffered a brain injury after being thrown from a cart during an accident.
Along those lines, Meyer said his office on Wednesday will being reviewing and, if necessary, prosecuting traffic violations involving golf carts anywhere in Boone County.
He also noted that the prosectuor’s office was not consulted during the ordinance’s discussion phase.
The city passed an ordinance in March requiring that golf carts meet minimum requirements for use on city streets. The document also required users to register their vehicles for a fee, and banned use on state highways and major traffic corridors.
The ordinance golf cart rules
Lebanon’s golf cart ordinance requires that:
Owners pay an annual fee of $30, by May 1; have proof of insurance on themselves or on the cart at all times; carts are allowed on city streets between 6 a.m. and 9 p.m. from May 1 to Sept. 30, and from 9 a.m. to 5 p.m. from Oct. 1 to April 30; only licensed drivers may operate a golf cart; carts must have rear view mirrors, are banned from Lebanon Street, Indianapolis Avenue and South Street because they are also state highways, and are prohibited from Lafayette Avenue.
Violators can be fined up to $100; if they are ticketed twice in a calendar year, their golf cart permit will be suspended.
But earlier this month, the Indiana State Police questioned the ordinance and said its troopers would ticket any golf carts seen on city streets.
The action by ISP angered city officials, who wondered why the agency didn’t issue their concerns when met about the ordinance over several months.
