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Town/City Ordinance - Golf Carts

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  • PeteBroccolo
    commented on 's reply
    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.

  • CCCSD
    replied
    This entire thing is an HOA issue. I’m betting there’s more to it.

    Leave a comment:


  • westside popo
    replied
    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.

    Leave a comment:


  • L-1
    replied
    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.

    Leave a comment:


  • Aidokea
    replied
    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.

    Leave a comment:


  • Bing_Oh
    replied
    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...

    Leave a comment:


  • not.in.MY.town
    replied
    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.

    Leave a comment:


  • Iowa #1603
    replied
    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

    Leave a comment:


  • CharlieFox1630
    replied
    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

    Leave a comment:


  • CharlieFox1630
    replied
    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.

    Leave a comment:


  • BetteNoireX
    replied
    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.

    Leave a comment:


  • Aidokea
    replied
    https://bostonduiattorney.wordpress....massachusetts/

    Leave a comment:


  • Aidokea
    replied
    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.

    Leave a comment:


  • CharlieFox1630
    replied


    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.

    Leave a comment:


  • Aidokea
    replied
    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?

    Leave a comment:

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