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HomeMy WebLinkAboutD-2304-16 Regulates and Allows the Use of Golf CartsSPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell ORDINANCE D-2304-16 VERSION E Finance Committee 9-13-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING SECTION 8-43 TO CHAPTER 8, ARTICLE 4 OF THE CARMEL CITY CODE Synopsis: Ordinance allows, and regulates the use of, golf carts operated on certain Carmel streets. WHEREAS, Indiana Code § 9-21-1-3.3 authorizes municipalities, such as the City of Carmel, Indiana ("Carmel") to adopt regulations concerning the use of golf carts on public highways within its jurisdiction; and WHEREAS, certain Carmel residents have expressed a desire to operate golf carts on public highways within Carmel's jurisdiction; and WHEREAS, Carmel now desires to authorize the operation of golf carts within neighborhoods that seek alternative modes of local transportation; and WHEREAS, it is in the best interest of the public to allow golf carts to operate on public highways within City neighborhoods subject to the regulations set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Following should be and the same is hereby adopted and shall be codified as Chapter 8, Article 4, Section 8-43 of the Carmel City Code, to wit: "§ 8 — 43 Golf Cart Operation on City Highways (a) Definitions. 1) "Golf Cart" means a four (4) wheeled motor vehicle originally and specifically designed and intended to transport one (1) or more individuals and golf clubs for the purpose of playing the game of golf on a golf course. 2) "Highway" means a public road within the jurisdiction of the City. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version 13" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or. Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell 3) "Local Street" means a Highway designed to carry low volumes of traffic throughout neighborhoods and internally within non- residential developments, as defined under the Carmel Clay Comprehensive Transportation Plan ("Transportation Plan") and map, as amended. 4) "Proof of Financial Responsibility" means that pursuant to Ind. Code § 9-25-2-3, proof of ability to respond in damages for liability that arises out of the ownership, maintenance, or use of a Golf Cart in the following amounts: a. Twenty-five Thousand Dollars ($25,000) because of bodily injury to, or death of, any one (1) person; b. Subject to the limit in subdivision (a), Fifty Thousand Dollars ($50,000) because of bodily injury to, or death of, two (2) or more persons in any one (1) accident; and c. Ten Thousand Dollars ($10,000) because of injury to, or destruction of, property in any one (1) accident. 5) "Approved Neighborhood" means a neighborhood within the City of Carmel, Indiana that is controlled by a home owners association ("HOA") and the following criteria has been met: a. The HOA has submitted the following information to the City of Carmel Engineering Department ("Engineering"): i. Written verification that sixty-five percent (65%) of all members have voted in favor to allow a Golf Cart to operate upon a Highway designated as a Local Street within the neighborhood controlled by the HOA; ii. The name(s) of each street located within the jurisdiction of the HOA; iii. Proof of payment to the Carmel Street Department for street signs it installed pursuant to this Ordinance; and b. Engineering has reviewed each street within the neighborhood to determine whether each street meets the criteria of a Local Street as defined herein; c. After the review is complete, an Ordinance shall be submitted to the Council for consideration as to whether a Golf Cart may be operated on Local Streets within the jurisdiction of the HOA; d. The Council has determined that a Golf Cart may operate on Local Streets within the jurisdiction of the HOA and has passed an ordinance to amend subsection (f) herein to reflect such approval. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. 'Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell 6) "Approved Street" means a Local Street approved for Golf Cart use by Ordinance in an Approved Neighborhood. (b) Application. The regulations set forth in this Ordinance apply only to public Highways. Nothing herein shall be construed to apply to or limit the use or operation of Golf Carts upon golf courses, private property, the City's use of Golf Carts for official purposes, or the City and their designees use of Golf Carts during City sponsored events. (c) Valid Driver's License Required. Only persons possessing a valid driver's license issued by the State of Indiana, another state of the United States of America or an international agency shall be allowed to operate a Golf Cart on Approved Streets in an Approved Neighborhood. (d) Proof of Financial Responsibility. The owner of every Golf Cart operated on Approved Streets shall furnish proof of financial responsibility as it is defined and required herein and in Indiana Code § 9-25-2-3. (e) Permitted Highway Use and Operational Regulations. 1) Permitted Highway Use. a. A Golf Cart shall only be operated on an Approved Street within an Approved Neighborhood as stated in subsection (e)(1)(c). b. Notwithstanding the above, the operation of a Golf Cart on an Approved Street in an Approved Neighborhood is subject to the following conditions, as well as the operational regulations set forth in subsection (e)(2): i. A Golf Cart shall not be operated upon, or cross any Highway that is not an Approved Street in an Approved Neighborhood. ii. A Golf Cart shall not be operated upon, or cross any Highway that maintains a speed designation above twenty- five (25) miles per hour, regardless of the street classification in the Transportation Plan or whether the Highway is located in an Approved Neighborhood. iii. A Golf Cart shall not be operated on any City Sidewalk, Multi -Use Path or Bicycle Lane as defined in Carmel City Code § 6-63 even if such Sidewalk, Multi -Use Path, or Bicycle Lane is located within an Approved Neighborhood. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell c. Approved Neighborhoods and Streets: A Golf Cart bearing a properly issued and displayed permit, as required under subsection (f) of this ordinance, may be operated on the Approved Streets in the Approved Neighborhood(s) stated below, subject to all other provisions and restrictions set forth herein: i. Reserved (Name of HOA): a. Reserved (Name of Street); b. Reserved (Name of Street); ii. Reserved; iii. Reserved. 2) Operational Regulations. a. No child weighing less than 48 pounds who requires a child safety restraint seat is permitted to ride on a Golf Cart; b. The operator of a Golf Cart must yield to all overtaking traffic on Approved Streets; c. The operator of a Golf Cart must drive the Golf Cart in accordance with all Carmel City Traffic and Parking Regulations, as stated in Chapter 8 of the Carmel City Code. Failure to do so may result in a citation being issued to the registered owner and/or operator of the Golf Cart. d. If the operator of a Golf Cart is under sixteen (16) years of age and violates any subsection of this Ordinance, the citation will be written to the parent or guardian of the operator and/or the registered owner of a Golf Cart. e. The operator and all passengers of a Golf Cart shall wear a seat belt while the vehicle is in operation. One seat belt must be available per each occupant. The golf club strap is not considered a seat belt under this subsection and shall not be utilized by an occupant as a seat belt. Use of a golf club strap in any manner other than for the use of securing golf clubs will be considered a violation of this subsection. f. A Golf Cart shall be equipped with headlights, tail lamps, brake lights, seatbelts, turn signals and a rearview mirror. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.doex SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell (f) Golf Cart Permit. 1) It shall be unlawful for any person to operate a golf cart without first obtaining a permit from the Chief of the Carmel Police Department or his designee. 2) The fee for a Golf Cart permit shall be Fifty Dollars ($50.00), and any such funds collected from the issuance of a Golf Cart permit shall be deposited by the Police Department in Fund No. 210. The permit must be renewed annually and upon transfer of Golf Cart ownership. 3) The permit shall be in either a sticker or decal form, contain a registration number, and be permanently affixed in a visible location on the Golf Cart, as determined by the Carmel Police Department ("CPD"). 4) Application for a permit for the operation of a Golf Cart shall be made by the owner of a Golf Cart (the "Applicant"). Applications shall be on a form designated by the City to be used for this purpose. The application shall include the following information: a. The name, address and telephone number of the Applicant; b. The name of the Applicant's HOA; c. Proof of a valid driver's license for the Applicant; d. Proof of residency for the Applicant in an Approved Neighborhood; e. Proof of financial responsibility for the Applicant; and f. The make, model, year and serial number of the Golf Cart sought to be permitted under this ordinance. 5) Issuance of Permit: a. Subject to CPD guidelines, the Chief of Police or his designee may issue a Golf Cart permit or renewal permit to the Applicant of a Golf Cart upon: i. Inspection of the Golf Cart to determine compliance of safety regulations and requirements as set forth under subsection (d) of this ordinance; ii. Successful submission of an application in accordance with this article; and iii. Payment of the permit fee. b. If the Chief of Police or his designee determines, in his sole discretion, that the Golf Cart fails any requirement stated in subsection (f)(5)(a) herein, the permit will be denied. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell 6) Permit Denial: a. If a Golf Cart permit or renewal permit is denied, the Applicant may appeal to the Carmel Board of Public Works ("BPW"), in writing, within seven (7) days from the date the Applicant receives notice of the denial from the CPD. b. Upon receipt of a properly requested appeal, the provisions of Carmel City Code §4-14 shall apply herein. c. The BPW shall have sole discretion to affirm or reverse the denial of said permit for any reason. d. The Applicant may further appeal the decision of the BPW to the extent permitted by law. 7) Permit Suspension and or Revocation. a. The Chief of Police shall be empowered to suspend and/or revoke any Golf Cart permit issued by the CPD for any of the following causes: i. Fraud, misrepresentation, or incorrect statement contained in the application or made in furtherance of the permitted activity; ii. Conviction of any crime, misdemeanor, infraction, or ordinance violation that relates to the use of a Golf Cart; iii. Conducting any activity while operating, or allowing another individual to operate, a Golf Cart in such manner as to constitute a breach of the peace, or a menace to the health, safety or welfare of the public, or a disturbance of the peace or comfort of residents of the City; iv. Expiration or cancellation of any required insurance under this section; v. Actions unauthorized or beyond the scope of the permit granted; vi. Violation of any regulation or provision of this Code applicable to the activity for which the permit has been granted, or any regulation or law of the state so applicable; vii. Failure to continuously comply with all conditions required as precedent to the approval of the permit. b. If a Golf Cart permit or renewal permit is suspended or revoked for any reason, the holder of the permit may appeal to the BPW, in writing, within seven (7) days from the date the permit holder receives notice of the suspension or revocation from the CPD; Upon receipt of a properly requested appeal, the provisions of Carmel City Code §4-14 shall apply herein. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell d. The BPW shall have sole discretion to affirm or reverse the suspension or revocation of the permit by the CPD for any reason. e. The permit holder may further appeal the decision of the BPW to the extent permitted by law. 8) Operating a Golf Cart after Suspension or Revocation of Permit. It is a violation of this Ordinance to operate a Golf Cart after a permit has been denied, suspended or revoked. (g) Penalties. 1. The City shall issue an ordinance violation citation to any person violating any provision of this Ordinance except for those specifically set forth below, in the following amounts, which shall be processed and paid to the Carmel Ordinance Violation Bureau ("OVB") as follows: - a. First Offense: One Hundred Dollars ($100.00); b. Second Offense within the same rolling 365 day period of time: Two Hundred Fifty Dollars ($250.00); and c. Third Offense and each additional offense within the same rolling 365 day period of time: Two Hundred Fifty Dollars ($250.00) and automatic revocation of the Golf Cart permit. 2. Any person who violates subsection (f)(1) shall be subject to a $100 fine unless a golf cart permit is obtained within ten (10) days after receiving notification of the violation, provided the person has not previously received a notice of violation for same. 3. Any person who violates subsection (f)(8) shall receive a formal court citation subject to fines and costs at the discretion of Carmel City Court. 4. Failure to pay OVB citations in the manner proscribed herein, and/or pursuant to Carmel City Code § 3-58, may result in formal proceedings being initiated by the Office of Corporation Council." Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell Section 4. The Carmel Street Department is directed to promptly add the appropriate signage to fulfill the mandates contained in this Ordinance upon its passage. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as required by law. iry� PASSED by the Common Council of the City of Carmel, Indiana, this t D (day of J/f"A by a vote of —7_ ayes and © nays. C MMON COUNCIL FOR THE CITY OF CARMEL S e nkam, President i !i Presented by me to the Mayor of the City of Car , I/jin his2 day � �j{� � 2017, at g : 7 �.. �. S. Pauley/Clerk-Treasurer �7 Ap rov d by me, Mayor of the City of armel, Indiana, this day of 2017, at j AM. fAmes Brainard, Mayor This Ordinance was prepared by Jon Oberlander, Senior Assistant/Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx SPONSORS: Councilor Green, Finkam, Rider, Worrell and Campbell ATTEST Chriltine S. Pauley, Cler reasurer Ordinance D-2304-16- Version D This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/1/16 at 3:25 p.m. "Version A" revisions were drafted by Ashley M. Ulbricht, Carmel City Attorney on 8/4/16, "Version B" revisions on 8/24/17, and "Version C" revisions on 9/5/17 at 4:31 p.m, and "Version D" revisions on September 18, 2017 at 11:55 a.m.. Subsequent revisions to this Ordinance have not been reviewed by either Mr. Oberlander or Ms. Ulbricht for legal sufficiency or otherwise.S:\shared\ORDINANCES\2017\ORDINANCE D-2304-16 Version D clean with Rider proposed Amendment.docx