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August 19, 2008

Golf carts may be allowed on Middlebury streets

By Dave Martin

MIDDLEBURY, Ind. — Two weeks ago, Town Council members asked for public input on the issue of whether an ordinance should be drafted to allow the use of golf carts on the public streets in Middlebury.

Councilman Jack Kortie, who favors the use of carts on the town’s streets, told his council cohorts Monday that he received a response on the issue greater than any other matter since joining the council.

Council President Gary O’Dell also indicated Monday that he favors the golf cart proposal, with certain restrictions aimed at safety. Councilman Dan Shoup also indicated at the last meeting that he was concerned about safety.

The council took no action Monday and set no timetable for resolving the issue.

The council had said that if significant response were received, the panel would hold a public hearing on the golf cart issue. However, Kortie said after Monday’s meeting that the council is continuing to study the issue and is awaiting a court decision on an Indiana case involving a golf cart, so the issue won’t likely be decided soon in Middlebury.

Earlier this summer, resident Pete Fore asked the council if operating a golf cart on Middlebury’s streets would be legal. He said that he would like to use his cart in place of his car to get around town and save gasoline.

Then, on Aug. 4, town Manager Lowell Miller reported to the council on research he had done on the issue and added that only one person had inquired on the issue at the town offices this summer.

However, since council members issued a call for comments two weeks ago, the response has definitely increased, according to Kortie.

Miller had looked at golf cart use in other Indiana towns and at Indiana statutes related to the issue. He told the panel two weeks ago that golf carts are considered moving vehicles and state statutes place “significant restrictions” on what must be included in any town ordinances relating to golf cart use on streets and highways, he said.

For example, before carts can be used on streets and highways, they must be registered as moving vehicles and undergo safety inspections.

Councilman Jack Kortie had said that golf cart drivers must have a driver’s license to operate a cart on the public streets.

Council President Gary O’Dell cautioned that Middlebury’s ordinances on the issue would not apply to Ind. 13, since it is a state highway.

Councilman Dan Frederick quoted a state statute prohibiting the operation of golf carts on state highways where the speed limit is at least 35 miles per hour.

Miller said that a Nov. 13 trial date had been set on a golf cart case in Lebanon where a cart driver was ticketed by the Indiana State Police for having no registration for his cart while operating it on a city street there as opposed to a state highway. The driver is challenging the state police officer’s authority in that situation.

At Monday’s council meeting, Fore again spoke in favor of golf carts on Middlebury’s streets, promising that he would be willing to stay off of Ind. 13, U.S. 20, busy Warren Street and to even accept whatever other restrictions the council sees fit.

Miller said that a state law allows carts on city streets but with many restrictions imposed.

Resident James Markley said that carts would be much safer to operate on the streets than “low-slung bicycles,” as long as the carts have proper lights and signals installed.

Parks and Recreation Manager John Stout said he opposes golf carts, or any motorized vehicles, on the town’s bicycle and pedestrian path.

Councilman Dan Frederick assured Stout that the council would not allow carts on the path.

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