Golf cart ordinance moves forward
Monterey Town Council members are moving forward with a golf cart ordinance but some changes are underway.
During a special meeting on May 26, council members met to hold a public hearing regarding a grant application and old business that included the proposed golf cart ordinance and the removing of the demolished building on Main Street.
Monterey Town Attorney Crystal Brucker said she has met with Pulaski County Sheriff Jeff Richwine and county attorney Kevin Tankersley regarding the proposed golf cart ordinance.
“Sheriff Richwine indicates that they are willing to enforce the golf cart ordinance, if you want to do that,” she said. “The issue is that you have to make some decisions about how you are going to enforce that which typically is going to be by fine.”
Other questions include what funds the fines will be collected in and how those fines will be handled. Clerk-treasurer Linda McCune said it would be collected in the general fund but moved to different categories — one for the fines and one for the permits.
In the proposed ordinance, violation fees start at $50 and increase with each violation. Brucker suggested that the fee may be decreased to $25, $50 and $75 such as Culver fees.
Brucker also said that the ordinance only allows permits for golf carts and utility vehicles, not all-terrain vehicles or mopeds.
“The other thing that I think the council needs to be aware of, is I have been informed that the Indiana State Police do not recognize golf cart ordinances because if you look at the statute it indicates that we can create an ordinance for golf carts so long as it doesn’t conflict with other state statutes regarding vehicles,” she said.
There are several towns that have golf cart ordinances, but at times there could be conflicts.
“One of the concerns with the sheriff was if they are going to enforce it then they are going to enforce it across the board,” Brucker said. “They want to ensure that if you are going to ask that the ordinance be enforced that everyone understands they are going to enforce it across the board.”
The officers could enforce the golf cart ordinance when they visit town, not necessarily making extra trips to check the carts.
There could also be a cost for the sheriff’s deputies to enforce ordinances. The town makes an annual donation to the sheriff’s office each year in the amount of $1,500.
Brucker said she could work with the county attorney and sheriff regarding the details of enforcing the proposed ordinance.
Because there are substantial changes being made to the ordinance, a first reading will need to be done again.
The next meeting will be on June 10.
In other business:
• A public hearing was held before the meeting in regards to the wastewater improvement project. The town is applying for a $275,500 grant to cover the costs of upgrades. This is the second time the town has applied for the grant. Wording in the grant will be changed for those who may not be familiar with engineering terms. Fleury said the town may have to look at the project and eliminate some items because of the matching portion of the grant. The town is required to make a 20-percent match.
• Minutes from May 7 and May 13 meetings were approved during the special meeting that followed the public hearing.
• Clerk-treasurer Linda McCune said the town has been sprayed for mosquitoes.
• Brucker said building inspector Dave Dare has sent out an order regarding the cleanup of the portion of The Sportsman’s Bar and Grill that has collapsed. “The town council has the authority to appoint the hearing authority. I met with Kevin Tankersley and he agrees with that. There is not a resolution in place that names the hearing authority. The commissioners have always just done it but they do not have a resolution with the Town of Monterey.” She said the council needs to decide if they are alright with the commissioners being the hearing authority. Fleury said he believes there are some advantages by letting the county commissioners be the hearing authority. As the hearing authority, commissioners are not required to report to the town council regarding the removing of the building. The council approved to make the county commissioners the hearing authority in regards to the removal of the collapsed building. A public hearing with the commissioners to address the order was set for Monday, June 1. Because there is not a resolution in place appointing the commissioners as the hearing authority, Brucker suggested that a resolution be approved in case of future incidents. She said it would move the process more quickly if a resolution was established.