Starting Jan. 1, persons driving around Oldenburg may want to be on the alert for some smaller vehicles. Ordinance 2009-4 permitting golf carts on town roads was passed by the council Dec. 7.
Before the vote, Deputy Scott Barnhorst said, “I'm all for golf carts coming, but I think ... (the ordinance) is open to a lot of interpretation.”
He asked, “You’re not going to require them to be registered?” Town attorney Tom O’Connor said registering carts would be a problem with no regular town hall hours.
Barnhorst wanted to visually inspect vehicles for the required equipment, then issue stickers. Dan Weigel said the state statute about golf carts, on which the Oldenburg ordinance is based, didn't mention registration.
The deputy pointed out, “You don't give a driver's plate without proof of insurance.” He questioned, “If someone doesn't have proof of insurance in that golf cart, does that mean we impound that cart?” “Sure,” replied the attorney.
Deputy Steve Yorn said carts cannot be stopped without probable cause. O’Connor noted, “I have nothing to indicate to me either as an attorney or ex-judge that you have any problem with ... (asking to see an insurance card).” However, if a deputy stops the same driver frequently, “then it becomes harassment.”
O’Connor said a person without proof of insurance on him- or herself or in the cart would be issued a civil penalty. “Civil penalties are entirely different than criminal ... for civil penalties, it does not require probable cause.”
Yorn said, “Police officers can't enforce civil law,” but the lawyer believed they could.
“We'll check with the prosecutor on that one,” Barnhorst vowed.
“Your points are well taken and probably could be examined," O’Connor admitted. He added that time will tell whether Indiana State Police will ticket golf cart drivers who cross State Road 229, where they are not allowed.
Clerk-Treasurer Cindy Laker wondered, “If we see this doesn't work in a year's time, can we revoke this ordinance?” O’Connor said it could be scrapped or amended at any time. “The committee wanted to see how many golf carts materialize. If it’s just three or four, there’s not much of a concern.”
Debbie Blank can be contacted at 812-934-4343, Ext. 113; or debbie.blank@ batesvilleheraldtribune.com.
