Fishers Police Reminds Residents to Adhere to City Golf Cart Ordinance

The Fishers Police Department would like to remind residents of the city’s local ordinance concerning the use and operation of golf carts. Fishers’ City Ordinance No. 090214D (codified at §94.02 of the Code of Ordinances) authorizes the use of golf carts on some neighborhood streets if the following conditions have been met:

1. Fishers has determined that golf carts may be safely operated on the streets within the specific neighborhood;

2. A threshold amount (75 percent or higher) of property owners in the neighborhood have voted in favor of allowing golf carts within the neighborhood and the results of the election have been certified; and

3. The proper signage in the designated locations has been placed.

Golf carts shall not be operated on the public streets of Fishers except in full compliance with the provisions of this section. Currently, Britton Falls, Thorpe Creek, Intracoastal at Geist and Graystone are the only neighborhoods, in Fishers, to be in full compliance with the provisions of this section.

Operation Regulations

a) Hours of Operation. Golf Carts shall only be operated on designated streets from sunrise to sunset unless such golf cart is equipped with headlights, taillights, brake lights, seatbelts, turn signals, and rearview mirror.

b) Right-of-Way. The operator of a golf cart shall yield the right-of-way to overtaking motor vehicles.

c) Streets. Golf carts may only be used on streets designated within the establish neighborhood or other Fishers’ approved neighborhood areas. Nothing in this policy shall be construed to apply to or limit the use of golf carts on golf courses or private property.

d) Fishers Property and Sidewalks. Golf carts shall not be operated on any sidewalk, pedestrian walkway, multi-use path, or trail or any other non-designated public ways. The only exception to this use is of golf carts on Fishers’ municipal property for official purposes.

e) Golf Cart Capacity. The seating capacity, normally no more than four (4) passengers, shall not be exceeded nor shall the operator or any passenger be permitted to stand while the golf cart is in operation.

f) Parking. Golf carts may only be parked in the same manner and at the same places designated for parking of motor vehicles. The stopping, standing, or parking of golf carts in areas where parking is not allowed or in any place that impede the flow of traffic, pedestrian walkways, or a passageway is prohibited.

g) Alcohol Use. No person under the influence of an alcoholic beverage shall operate or be in control of any golf cart operated within the neighborhood. No golf cart shall have an open alcoholic beverage container aboard while in operation.

h) Valid License Required. Only persons possessing a valid driver’s license issued by the State of Indiana, another state of the United States, or an international agency shall be permitted to operate a golf cart on Fishers streets.

Disclaimer, Liability, and Insurance

a) Disclaimer. Golf carts are not designed for or manufactured to be used on public streets, and Fishers neither advocates nor endorses the golf cart as a safe means of travel on public streets. Fishers in no way shall be liable for accidents, injuries, or death involving the operation of a golf cart.

b) Assumption of Risk. Any person who owns, operates, or rides upon a golf cart on a public street within the designated use area does so at his/her own risk and peril and assumes all liability resulting from the operation of the golf cart.

c) “Proof of Financial Responsibility”. Shall mean, pursuant to Ind. Code §9-25-2-3, proof of ability to respond in damages for liability that arises out of the ownership, maintenance, or use of a Golf Cart in the following amounts:

1) Twenty-five thousand dollars ($25,000) because of bodily injury to or death of any one (1) person;

2) Subject to the limit in subdivision (1), fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident; and

3) Ten thousand dollars ($10,000) because of injury to or destruction of property in any one (1) accident.

Penalties

Fishers shall issue a uniform ordinance violation citation (as outlined in the golf cart ordinance) to any person violating a provision of this policy in the following amounts which shall be processed by and paid to Fishers’ Ordinance Violation Bureau as follows:

a) First Offense: Fifty Dollars ($50.00);

b) Second Offense within one (1) year: One Hundred Dollars ($100.00); and

c) Third offense and any additional offense within (1) year: Two Hundred and Fifty Dollars ($250.00)