NOTICE OF ADOPTION OF AN ORDINANCE PRESCRIBING A FINE, PENALTY, OR FORFEITURE FOR VIOLATION THEREOF NOTICE IS HEREBY GIVEN that on the 7th day of November, 2016, the following Ordinance was adopted by the Board of Commissioners of the County of Elkhart, Indiana, to-wit: COMMISSIONER ORDINANCE NO. 2016-504 AN ORDINANCE AMENDING THE ELKHART COUNTY CODE IN CHAPTER 70: TRAFFIC REGULATIONS OF THE TITLE VII TRAFFIC CODE WHEREAS Indiana Code Sections 36-1-3-1 et seq. permit any county in the State of Indiana to exercise any power or perform any function necessary to the public interest in the context of its county or internal affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or pre-empted by any other law, or is not expressly granted by any other law to another governmental entity; WHEREAS the Board of Commissioners of the County of Elkhart, Indiana is the county legislative body and is by law authorized to adopt ordinances and resolutions with respect to public health, safety, and welfare; WHEREAS it has been determined that Elkhart County, Indiana is in need of a policy governing the usage of golf carts and low speed vehicles on roadways in the unincorporated area of Elkhart County; WHEREAS Indiana Code 9-21-1-3(a)(14) authorizes counties to regulate the use of golf carts and low speed vehicles on county highways, pursuant to limits imposed by State law; NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, RESOLVED, AND ORDAINED by the Board of Commissioners of the County of Elkhart, Indiana as follows: 1.Amendment of Elkhart County Code. Section 70.60 in Chapter 70: Traffic Regulations of Title VII: Traffic Code of the Elkhart County Code is hereby added as follows: ^70.60 Golf Cart AND LOW SPEED VEHICLE Usage on Certain county Roadways (A) Definitions. For the purposes of this section, the following definitions shall apply: GOLF CART shall mean 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. DRIVERS LICENSE shall mean a valid current license to operate a motor vehicle issued by the State of Indiana or any other state. FINANCIAL RESPONSIBILITY shall mean liability insurance coverage on a golf cart or a low speed vehicle in an amount not less than required by Indiana law for motor vehicles operated in the State of Indiana as provided in IC 9-25-2-3. LOW SPEED VEHICLE shall mean a four (4) wheeled electrically powered motor vehicle with a maximum design speed of not more than thirty-five (35) miles per hour and with operational and equipment specifications described in 49 CFR 571.500 that has not been privately assembled as described in IC 9-17-4-1 and that is equipped with: (1) Headlamps; (2) Front and rear turn signal lamps, tail lamps, and stop lamps; (3) Reflex reflectors; (4) Exterior or interior mirrors; (5) Brakes as specified in IC 9-19-3-1; (6) Windshield; (7) Vehicle identification number; and (8)Safety belt installed at each designated seating position. The term does not include a golf cart or an off-road vehicle. (B) Operation of golf carts and low speed vehicles. Golf carts and low speed vehicles may be operated on the roadways in the unincorporated areas of the County, except on numbered county roads and state highways, in accordance with the terms and provisions of this chapter. Operation of golf carts and low speed vehicles, while not permitted on numbered County roads or state highways, are permitted to cross a numbered County road and a state highway, at right angles, in order to travel from one (1) roadway under the jurisdiction of the County to another roadway under the jurisdiction of the County when the operation can be done safely. (C)Requirements. The operation of a golf cart or a low speed vehicle on the County roadways is prohibited unless operated and equipped and in full compliance with the following provisions: (1)Operator. Only persons sixteen (16) years of age or older and holding a drivers license may operate a golf cart or a low speed vehicle on County roadways. (2)Financial responsibility. The operator of a golf cart or a low speed vehicle must satisfy financial responsibility when operating a golf cart or a low speed vehicle. Written proof of financial responsibility must be available either on the golf cart or the low speed vehicle or carried by the operator at all times that the golf cart or low speed vehicle is operated on any County roadway. (2)Place of operation. Golf carts and low speed vehicles may be operated on roadways in the unincorporated areas of the County, except the following where operation is prohibited: (a) Any numbered County road, including but not limited to, those that are commonly referred to by another name such as: 1. Mishawaka Road County Road 20; 2. North, South, East, and West County line roads; 3. Ash Road; 4. Old county Road 17; 5. Old US 20; and 6. Old US 33. (b) All State highways. (c) All public sidewalks and public bike paths. (4)Occupancy. The number of occupants in a golf cart or a low speed vehicle is limited to the number of persons for whom the factory seating is installed and provided. The operator and all occupants must be seated in the golf cart or the low speed vehicle, and no part of the body of the operator or occupant is permitted to extend outside the perimeter of the golf cart or the low speed vehicle while in operation. Operator and occupants must wear seat belts at all times the golf cart or low speed vehicle is in motion. (5)Traffic rules. The operator of a golf cart or a low speed vehicle must comply with all traffic laws, rules, and regulations adopted by the State of Indiana and the County which govern the operation of motor vehicles. (6)Hours of operation. Golf carts and low speed vehicles may be operated on County roadways only between sunrise and sunset. (7)Safety equipment. All low speed vehicles operated on County roadways must be equipped as provided in the definition of a low speed vehicle. All golf carts operated on County roadways must be equipped with: (a) Seat belts for each designated seating position; (b) Brakes as specified in I.C.9-19-3-1; (c) Turn signal lamps, front and rear; and (d) Rear view mirror. (8)Parking. Parking is not permitted on the travel portions of a County roadway. 2.Amendment of Elkhart County Code. Section 70.99 of Chapter 70: Traffic Regulations of Title VII: Traffic Code is hereby amended to add Subsection (E) as follows: ^70.99 PENALTY (E) Golf carts and low speed vehicles. Persons disobeying the regulations contained in ^70.60 may be cited to appear in a court of competent jurisdiction by issuance of an Indiana Uniform Traffic Ticket. Upon finding by such court that a person violated any provision of ^70.60, such person will be determined to have committed an ordinance violation and subject to a civil penalty not to exceed $200.00 for each offense, along with court costs. Civil penalties will be deposited in the General Fund of the County. 3.Effective Date. This Ordinance will be effective the 1st day of December, 2016, subject to publication as required by applicable law. ORDAINED this 7th day of November, 2016. BOARD OF COMMISSIONERS OF THE COUNTY OF ELKHART, INDIANA By: Terry Rodino, President By: Mike Yoder, Vice-President By: Frank Lucchese, Member ATTEST: Pauline E. Graff, Elkhart County Auditor November 16, 23 hspaxlp
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