ORDINANCE NO. 2008-35

AN ORDINANCE ENACTING SECTIONS 377.01, 377.02, 377.03 AND 377.04 OF THE CODIFIED ORDINANCES OF THE CITY OF DELPHOS, OHIO RELATIVE TO THE OPERATION OF GOLF CARTS WITHIN THE CITY OF DELPHOS, OHIO

WHEREAS, Council has previously adopted PART THREE, TITLE NINE of the Codified Ordinances of the City of Delphos, Ohio entitled “Pedestrians, Bicycles and Motorcycles”, relative to regulations for pedestrians, persons riding bicycles and motorcycles on its public streets; and

WHEREAS, citizens of the City of Delphos have informed Council while it was in session that they wish to operate golf carts on the streets of Delphos and Council is aware that there are no regulations in the Codified Ordinances of the City of Delphos pertaining to the operation of golf carts on the streets within the City of Delphos; and

WHEREAS, Council has determined that it is necessary to amend PART THREE, TITLE NINE of the Codified Ordinances of the City of Delphos, Ohio entitled “Pedestrians, Bicycles and Motorcycles”, in order to add a new chapter to said codified ordinances regulating the use of golf carts on the streets of the City of Delphos; therefore

BE IT ORDAINED by Council for the City of Delphos, Allen and Van Wert Counties, State of Ohio that, from and after the effective date of this Ordinance, Chapter 377 of the Codified Ordinances of the City of Delphos, Ohio shall read as follows:

SECTION ONE:  Sections 377.01, 377.02, 377.03, and 377.04 of the codified ordinances of the City of Delphos be enacted to read as follows:

CHAPTER 377 GOLF CARTS

Section 377.01 DEFINITIONS.

(a)   PROOF OF FINANCIAL RESPONSIBILITY has the same meaning as set forth in R.C. 4509.01 (K).

(b)   GOLF CART is a motor vehicle as that term is defined under R.C. 4501.01 (B).  Most golf carts are a type of under speed vehicle (USV).  A USV is a four wheeled vehicle other than a truck that is originally designed and constructed with a top attainable speed of 20 mph or less or is not originally designed or constructed for operation on a street or highway.  It may not be operated on a public street or highway unless it complies with R.C. 4513.

(c)    INSPECTION means that inspection that is required by Ohio Administrative Code (OAC) 4501:2-1-01 through 4501:2-1-21.

(d)   OPERATOR means person who drives or is in actual physical control of a vehicle R.C. 4501.01 (X).

(e)    REGISTRATION has the same meaning as set forth in R.C. 4503.10 (A).

Section 377.02 INSPECTION OF GOLF CARTS.

(a)   No person shall operate a golf cart on those streets permitted by this chapter in the City of Delphos unless the golf cart has been inspected by the Chief of Police or his designee for compliance with the state of Ohio’s statutory requirements that are applicable to motor vehicles.

(b)   The inspection must be prearranged with the Chief of Police or his designee.

(c)    The owner of any golf cart shall be required to pay an inspection fee of twenty dollars ($20.00).  This inspection fee shall be deposited into the general fund. If the Chief of Police or his designee determines that the golf cart complies with the state of Ohio statutory requirements that are applicable to motor vehicles, the Chief of Police or his designee shall issue the owner a certificate of compliance entitling the owner to register, apply for a title and purchase license plates for the vehicle.  The owner must also show the Chief of Police or his designee a valid Ohio operator’s license (driver’s license) and proof of financial responsibility for the golf cart before the certificate of compliance is issued.

(d)   If the owner of a golf cart has had the cart inspected, registered and titled, prior to the effective date of this chapter or moves to the city of Delphos after the effective date of this chapter, but previously having had the golf cart inspected by an authorized inspection program, in order to legally operate the vehicle in the city of Delphos, the owner/operator must still provide evidence of an inspection in compliance with Ohio statutory requirements.

Section 377.03 PERMISSIBLE OPERATION OF A GOLF CART ON CITY STREETS.

(a)   No person shall operate a golf cart on designated streets of the city of Delphos unless the operator has a valid Ohio operator’s license (driver’s license), a valid registration for the vehicle and proof of financial responsibility.

(b)   No person shall operate a golf cart on any state highway within the city limits.  Moreover, no person shall operate a golf cart on any city street in the city of Delphos where the posted speed limit exceeds twenty five (25) miles per hour.  Operators may cross state highways and streets where the speed limit exceeds twenty five (25) miles per hour, provided they comply with all other applicable state and local laws.

(c)    Occupants of golf carts governed by this chapter shall be seated at all time, on the seat of the golf cart when the golf cart is in motion.  Standing on any portion of the golf cart when it is in motion is prohibited.  No matter how many seats a golf cart may have, the maximum seating capacity will be two (one driver and one rider).

(d)   This chapter is not applicable to city vehicles including gators, and utility vehicles.

Section 377.04 PENALTY

Whoever violates this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense after the second offense within one year after the first offense the person is guilty of misdemeanor of the third degree.

SECTION TWO:  This ordinance shall take effect and be in full force from and after the earliest period allowed by law.

PASSSED this 22^nd day of July 2008.

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