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Town/City Ordinance - Golf Carts

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  • Town/City Ordinance - Golf Carts

    I am looking for any agencies out there that deal with and enforce the use of electric golf carts within their municipality. We have a problem with reckless and OUI operation of carts in a private community where the roads are not town maintained. There is a debate on if they are considered public ways.. There are no laws in my state that cover golf carts... I am thinking of drafting a proposal for a new town ordinance concerning the use of golf carts. If anyone has ran in to similar issues please reach out. Thank you.

  • #2
    What does your state law say? What does your local prosecutor say? In Ohio, reckless op and OVI are enforced on private property, so they don't get a free pass.

    Comment


    • #3
      Originally posted by just joe View Post
      What does your state law say? What does your local prosecutor say? In Ohio, reckless op and OVI are enforced on private property, so they don't get a free pass.
      THIS.....................


      Your prosecutor will make those calls for the most part
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

      Comment


      • #4
        State law has nothing that covers electric golf carts. They don’t meet the criteria to be considered an LSV “low speed vehicle”. Our local prosecutors have no answers for us because it deals mostly with civil infractions. Criminal recreational vehicle offenses are very rarely used in this area.

        Comment


        • #5
          I have never seen a state that didn't have laws applicable to golf carts.
          What state are you in?

          In my state, golf carts, side-by-sides, quads, go-karts, motorized skateboards, battery-powered Barbie Jeeps, and any other self-propelled vehicle with more than three wheels, fits the legal definition of "motor vehicle", just like a car or truck would be.

          And in my state, OUI and Reckless Driving are enforceable anywhere.

          Comment


          • PeteBroccolo
            PeteBroccolo commented
            Editing a comment
            Same in Canada; suspects have been arrested, charged, and convicted, while operating farm equipment, or while on a electric-assist bicycle, or, as happened in my city several years ago, while seated in an electric propelled wheelchair, going down a public road.

        • #6
          The OP's profile says he's in Massachusetts.

          Massachusetts General Law Part I, TItle 14, Chapter 90, Section 1 Definitions:

          "
          Motor vehicles'', all vehicles constructed and designed for propulsion by power other than muscular power
          …"
          Sounds like that covers golf carts to me, buddy...

          Comment


          • #7
            Massachusetts General Law Part I, Title XIV, Chapter 90, Section 24:

            Driving while under influence of intoxicating liquor, etc.

            Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
            Buddy, it looks to me like you're good to go- where's the problem here?

            Comment


            • #8


              Originally posted by Aidokea View Post
              The OP's profile says he's in Massachusetts.



              Sounds like that covers golf carts to me, buddy...
              You would think... but that is not the case. Welcome to Massachusetts.

              The definition of motor vehicle is broken down into several other specific vehicle types. Mopeds, scooters, ATV’s, UTV’s and LSV’s. Each has specific criteria to determine the vehicle type. A golf cart, unless powered by a gas engine, does not fit any of the above. If you do not work in MA it is difficult to explain.

              To further complicate things, the area we have the issues are usually not considered public ways. It had depended on the judges opinion in the past.

              Comment


              • #9
                Originally posted by CharlieFox1630 View Post



                You would think... but that is not the case. Welcome to Massachusetts.

                The definition of motor vehicle is broken down into several other specific vehicle types. Mopeds, scooters, ATV’s, UTV’s and LSV’s. Each has specific criteria to determine the vehicle type. A golf cart, unless powered by a gas engine, does not fit any of the above. If you do not work in MA it is difficult to explain.
                The fact that other categories of vehicles exist other than "motor vehicle", does not exclude golf carts from the legal definition of "motor vehicle" in your state, at least according to your state laws. And your state's legal definition of a motor vehicle makes no mention of a "gas engine".

                To further complicate things, the area we have the issues are usually not considered public ways. It had depended on the judges opinion in the past.
                Your OUI law does not contain the words "public way". What it does say, is "...in any place to which the public has a right of access...or in any place to which members of the public have access as invitees..."

                Your state law IS what it says. Are you saying that your state laws don't apply in your state, or is this just somebody's POLICY not to apply the existing state laws to golf carts?




                I have no problem doing DUI arrests with golf carts. Not all of my co-workers realize that our state laws apply to golf carts, but I do.
                Last edited by Aidokea; 05-13-2019, 08:45 PM.

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                • #10
                  https://bostonduiattorney.wordpress....massachusetts/

                  Comment


                  • #11
                    Try contacting Palm Springs PD. 19 golf courses in and immediately around the city. Numerous housing tracts have their own golf cart garages. Designated golf cart crossings on many roadways. They have to have things wired pretty good.

                    Comment


                    • #12
                      Originally posted by Aidokea View Post

                      The fact that other categories of vehicles exist other than "motor vehicle", does not exclude golf carts from the legal definition of "motor vehicle" in your state, at least according to your state laws. And your state's legal definition of a motor vehicle makes no mention of a "gas engine".



                      Your OUI law does not contain the words "public way". What it does say, is "...in any place to which the public has a right of access...or in any place to which members of the public have access as invitees..."

                      Your state law IS what it says. Are you saying that your state laws don't apply in your state, or is this just somebody's POLICY not to apply the existing state laws to golf carts?




                      I have no problem doing DUI arrests with golf carts. Not all of my co-workers realize that our state laws apply to golf carts, but I do.

                      The problem is the courts have no interest in pursuing violations on golf carts, civil or criminal. The reason I posted was to see if anyone had specific by-laws or ordinances related to golf carts. I know the definitions and elements after doing this job full time for nearly 15 years.

                      Comment


                      • #13
                        Originally posted by BetteNoireX View Post
                        Try contacting Palm Springs PD. 19 golf courses in and immediately around the city. Numerous housing tracts have their own golf cart garages. Designated golf cart crossings on many roadways. They have to have things wired pretty good.

                        Will do. Thank you

                        Comment


                        • #14
                          Originally posted by CharlieFox1630 View Post


                          The problem is the courts have no interest in pursuing violations on golf carts, civil or criminal.
                          In that case any "ordinance" you draft will be dealt with the same way as your state law.........................................


                          I again point you toward your local prosecutor
                          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                          Comment


                          • #15
                            Is there an HOA? What do the current by-laws say regarding rule/traffic enforcement within the private community? Does the community as a whole even WANT to have traffic rules enforced or are they happy with the status quo? If it's the latter, then just leave it be. If it's the former, then they need to adopt a resolution/amendment to the by-laws that specify rules and enforcement. If I'm understanding your posts correctly, that's basically what you're looking to do and are asking for sample policies. I can't help you with that. However, it is not your responsibility as a LEO to re-write their by-laws. Have them contact an attorney...preferably the one that drafted the original by-laws.

                            Comment

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