Lebanon — The controversy surrounding golf carts on city streets continues.
Superior Court II Judge Rebecca McClure ruled this week that only the Indiana General Assembly can decide whether golf carts are exempt from the state’s motor vehicle laws.
McClure denied a motion to dismiss a traffic ticket given March 27 by Indiana State Police Trooper Troy Sunier to Nadine Urban for driving a golf cart on city streets. The citation ticketed Urban for driving a motor vehicle — in this case, a golf cart — without a registration plate. The motion said the case should be dismissed because golf carts, while classified a motor vehicle, can’t be registered.
Urban’s attorney, Larry Giddings, also argued that other motor vehicles that can’t be registered can legally be allowed to drive on Indiana roads, so golf carts should be allowed, too.
Traffic violations are heard in Lebanon City Court or other town courts. But Urban appealed her ticket, which moved the case to Superior Court II.
“The impossibility of registration does not necessitate a dismissal of this case,” McClure wrote in her decision.
Only the General Assembly can change state law.
“I agree with the judge completely,” Giddings said. “It is for the legislature to say whether you can operate golf carts (on pubic streets).” Giddings said it is coincidental that he is representing Urban and that he is the Lebanon City Attorney.
Giddings said the “impossibility” of registration is the base of his defense. “We can’t comply with the requirement, so we shouldn’t be required to,” he said.
A trial has been set for Nov. 13, unless Urban decides to pay the ticket, Giddings said.
If Urban wins the case, “it means (she) doesn’t have to pay a ticket,” Giddings said. “The city ordinance is not at issue; it’s never been raised.”
Other cities concerned with safety issues have passed golf cart control ordinances, Giddings said.
“Our ordinance excludes the operation of carts on state highways,” Giddings said. “I think that is something the state police should legitimately be concerned with.”
But Giddings believes state police are not enforcing the law equally.
In June, the Indiana State Police questioned the city ordinance’s legality and said troopers would ticket anyone driving a golf cart on a public street.
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.
Local News
Golf cart issue still in court
- Local News
-
-
VIDEO: Wells fourth-graders go back in time
Fourth-grade students at Granville Wells Elementary School got a firsthand taste of pioneer life Friday during the school's annual Pioneer Day. The event wraps up the fourth-graders' year-long study of Indiana history.
For more of the story, see Saturday's Lebanon Reporter or subscribe to our eEdition.
-
Fourth-graders go back in time
Fourth-grade students at Granville Wells Elementary School got a firsthand taste of pioneer life Friday during the school’s annual Pioneer Day.
-
Churches, groups plan observations of Memorial Day
Several area veterans’ organizations have made plans to mark the Memorial Day Holiday with observances and services.
-
ISTEP scores available online
Parents of Lebanon School Corporation students in grades 3 through 8 will be able to obtain spring 2012 ISTEP+ results for their student online.
-
County official suffers injury in trail mishap
Boone County Councilman and Zionsville Community High School Government Teacher David Rodgers is recovering from major injuries after an accident Wednesday on the Rail Trail. Rodgers was apparently riding his bike on the trail during his lunch break.
-
Commissioners offer to buy former Elks Lodge building
Believing they’ve found an affordable answer to a crushing office space problem, the Boone County Commissioners Monday signed an agreement to buy the former Elks Lodge, 220 W. Washington St., a block from the Boone County Courthouse.
-
Right of way for trail donated to Lebanon
Right of way for a walking and biking trail on the south side of urban Lebanon has been donated by the county for the project.
-
Burning semi shuts down I-65
Traffic was snarled for hours on Interstate 65, U.S. 52 and Indiana 47 Tuesday after a semi-truck’s load of hay caught fire.
-
County planner will assist city too
Rachel Cardis, executive director of the Boone County Area Plan Commission, will spend some of her time helping the city of Lebanon with planning issues under an interlocal agreement approved by the Boone County Commissioners Monday.
-
Donaldson makes Fourth of July sweet
Lifelong Boone County resident George Donaldson claims he isn’t sweet.
- More Local News Headlines
-
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
Raw Video: Fight Erupts in Ukrainian Parliament
Texan Ranchers Remain Wary of Drought
Raw Video: Soldiers Plant Flags at Arlington
Police: Man Arrested in Etan Patz Disappearance
NYC Protests: the Revolution Will Be Scripted
Chicago U.S. Attorney Fitzgerald Resigns
Neighbors of Etan Patz's Suspect: It's Shocking
Gulf Fishermen Reel From Seafood Troubles
Stuntman Makes Skydive Without Parachute in UK
Raw Video: Bride Who Faked Cancer Released
