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Town/City Ordinance - Golf Carts

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  • #16
    Originally posted by CharlieFox1630 View Post


    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.
    My community has local ordinances related to golf carts (my state law says that local ordinances can by written to permit/restrict them being driven in the right of way if we choose...spectacularly stupid, IMHO, but that's a different conversation), but nothing that would apply to OVI...that would still fall under our state OVI laws and that's what we enforce when we get one.

    It sounds like you have a problem at the prosecutorial/judicial level, not necessarily at the level of the law. If they're already doing it under your state laws, I wonder if your judges and prosecutors would find reasons to s***can cases even if you had a specific ordinance...
    "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
    -Friedrich Nietzsche

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    • #17
      Originally posted by Bing_Oh View Post


      It sounds like you have a problem at the prosecutorial/judicial level, not necessarily at the level of the law.
      Yup.

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      • #18
        Originally posted by CharlieFox1630 View Post
        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.
        I want to suggest you not only disassociate yourself from such a project, but that you run as fast and as far away as possible from it. Here’s why.

        First, you’re interjecting yourself in HOA business and allowing yourself to be made the HOA Police. Unless the six o’clock TV news is screaming “10 people killed in multi-golf cart OUI pile up – the 5th this month,” safety of this type within the HOA is the responsibility of their board and not the police.

        Next, your ordinance will have to establish a level at which a person is presumed to be OUI. What will that level be? Will it meet legislative an court satisfaction as being reasonable?

        How will the responding officer determine to the court’s satisfaction that the standard for being private property golf cart OUI has been met by a driver – FST, breath, blood, urine?

        Can a local ordinance mandate the taking of breath, blood or urine? Can it impose penalties for refusals? What will those penalties be?

        If a person refuses any tests, will it be necessary to call in a DRE to establish objective symptoms to establish the required level of intox?

        Once an intox level is established, what will be done with the suspect? If he is too drunk to drive, civil liability suggests he may be too drunk to cite release and a physical arrest may be mandated. Are you prepared to book OUI golf cart/private property drivers in your jail?

        What will be done with the arrestee’s golf cart? It has value, so a tow or impound for safekeeping may be necessary, just like a regular vehicle. Is your agency prepared to do that?

        Now, sit back and think about all these things. Handling one of these calls will take one or more officers out of the field for as much time, and require them to prepare as much paperwork as they would for a regular OUI arrest, yet this will all be done for a minor city ordinance violation that at best, is going to result in a fine. In this time of limited budgets, is your agency willing to allocate that many resources for such a minor issue that was never a police responsibility in the first place ?

        Repeat this over and over out loud 10 times. I DO NOT WANT MY NAME EVEN REMOTELY ASSOCIATED WITH THIS PROJECT OTHER THAN TO DISAVOW IT.
        Going too far is half the pleasure of not getting anywhere

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        • #19
          What about your state and local disorderly conduct, criminal trespass and public intoxication ordinance / laws say?

          Our golf cart ordinance / law basically only covers where it can be operated and what's required to operate it.

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          • #20
            This entire thing is an HOA issue. I’m betting there’s more to it.
            Now go home and get your shine box!

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