Published: August 29, 2007 11:26 pm      

Golf cart issue still in court

Lebanon — The controversy surrounding golf carts on city streets continues.

Superior Court II Judge Rebecca McClure ruled this week that only the Indiana General Assembly can decide whether golf carts are exempt from the state’s motor vehicle laws.

McClure denied a motion to dismiss a traffic ticket given March 27 by Indiana State Police Trooper Troy Sunier to Nadine Urban for driving a golf cart on city streets. The citation ticketed Urban for driving a motor vehicle — in this case, a golf cart — without a registration plate. The motion said the case should be dismissed because golf carts, while classified a motor vehicle, can’t be registered.

Urban’s attorney, Larry Giddings, also argued that other motor vehicles that can’t be registered can legally be allowed to drive on Indiana roads, so golf carts should be allowed, too.

Traffic violations are heard in Lebanon City Court or other town courts. But Urban appealed her ticket, which moved the case to Superior Court II.

“The impossibility of registration does not necessitate a dismissal of this case,” McClure wrote in her decision.

Only the General Assembly can change state law.

“I agree with the judge completely,” Giddings said. “It is for the legislature to say whether you can operate golf carts (on pubic streets).” Giddings said it is coincidental that he is representing Urban and that he is the Lebanon City Attorney.

Giddings said the “impossibility” of registration is the base of his defense. “We can’t comply with the requirement, so we shouldn’t be required to,” he said.

A trial has been set for Nov. 13, unless Urban decides to pay the ticket, Giddings said.

If Urban wins the case, “it means (she) doesn’t have to pay a ticket,” Giddings said. “The city ordinance is not at issue; it’s never been raised.”

Other cities concerned with safety issues have passed golf cart control ordinances, Giddings said.

“Our ordinance excludes the operation of carts on state highways,” Giddings said. “I think that is something the state police should legitimately be concerned with.”

But Giddings believes state police are not enforcing the law equally.

In June, the Indiana State Police questioned the city ordinance’s legality and said troopers would ticket anyone driving a golf cart on a public street.

Golf cart rules

Lebanon’s golf cart ordinance requires that:

Owners pay an annual fee of $30, by May 1; have proof of insurance on themselves or on the cart at all times; carts are allowed on city streets between 6 a.m. and 9 p.m. from May 1 to Sept. 30, and from 9 a.m. to 5 p.m. from Oct. 1 to April 30; only licensed drivers may operate a golf cart; carts must have rear view mirrors, are banned from Lebanon Street, Indianapolis Avenue and South Street because they are also state highways, and are prohibited from Lafayette Avenue. Violators can be fined up to $100; if they are ticketed twice in a calendar year, their golf cart permit will be suspended.