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Adoption of UTV ordinance tabled by City Council
It’s wait’ll next year for the proposed City of Greencastle Utility Task Vehicle (UTV) ordinance.
After lengthy discussion at its December meeting at City Hall, the City Council voted to table Ordinance 2023-7, putting the decision to adopt or not in the hands of the new administration and four news members of the seven-person Council possibly as early as next month.
About a half-dozen UTV or side-by-side owners offered calm comment about the proposed ordinance before it became apparent the currently written ordinance was not likely to be the finished product.
Among the issues was the city’s proposed initial $100 registration fee and $35 charge the succeeding two years. The state, for example, only charges $30 for a three-year registration.
Recreational off-highway vehicles, as defined by Indiana code, would be allowable under the ordinance upon adoption on second reading and the posting of proper signage around Greencastle.
Specifically excluded by the ordinance for use on city streets are golf carts, ATVs, three-wheelers, four-wheelers and slow-moving vehicles, all of which are not recreational off-highway vehicles and not allowable by state statute.
Noting that the ordinance “looks terribly complicated” to enforce, Councilman Dave Murray, making the last regular session appearance of his eight-year Council career, called Police Chief Chris Jones to the podium to ask how easy it would be to enforce.
There will be “a learning curve to it,” Chief Jones admitted, suggesting that his officers could inspect lights, horns and tires, for example.
Murray asked point blank, “Is this aimed at all those DePauw University vehicles moving around city streets?”
“That’s not the way I take it,” Chief Jones replied.
Councilman Cody Eckert, also making his final Council appearance after a one-vote loss to Vince Aguirre in Fourth Ward, asked back in October that the city consider some kind of ordinance to regulate certain off-highway vehicles on City of Greencastle streets. “This gives us an ordinance to look at,” he said, “where we had nothing before.”
When introduced at the Council’s November meeting, Eckert noted that the proposed measure “makes it uniform and flexible for people who don’t want to use cars.” The ordinance “will allow people to do in the city what they already do in the county and other places,” Eckert explained.
Council President Mark Hammer, who at one point seemed poised for an instant to make a motion to reject the ordinance, noted that a November Banner Graphic story about passage of the measure on first reading included several readers’ comments, “all one-sided.” That would be against the proposed ordinance.
“Is this really enforceable or too cumbersome?” Hammer asked.
Before he got an answer, Murray interjected the notation that he has “those vehicles going up and down the driveway next to me all the time, DePauw vehicles. I just don’t think this is enforceable.”
It was pointed out that each road upon which the UTVs would be allowed would need to have proper signage. The posting of proper signage, Clerk-Treasurer/Mayor-elect Lynda Dunbar estimated, would likely cost $5,000 plus the time for city staff to install such signs.
“A lot of people aren’t happy about the initial $100,” Dunbar added, “but that’s the cost.”
One of the side-by-side owners in the audience asked if it would be easier just to post the streets upon which the UTVs would be prohibited (such as state roads and U.S. highways).
Unfortunately not, City Attorney Laurie Hardwick responded. “That’s not how the state statute reads.”
UTV owner Mike Curtis said he and others regularly ride over to other small towns like Mansfield and eat dinner. They always pass four or five “other buggies,” he said, noting that his Hard Razor UTV has such safety features as a rollcage and seatbelts. He has added turn signals and a horn for additional safety.
“All the talk so far has been about money,” Councilman Darrel Thomas pointed out. “What about the concept? Safety, size, speed ... is the concept worth regulating?”
Curtis indicated the city ordinance has “a good list of criteria in there.”
He also agreed that any driver who slides through an intersection, spins his tires at a stopsign or speeds deserves a ticket just like any other driver.
According to the ordinance, recreational off-highway vehicles shall:
• Be larger than 50 inches but less than 80 inches in width when measured from outside of tire rim to outside of tire rim.
• Have a dry weight of more than 1,500 pounds but less than 2,500 pounds.
• Be designed for travel on four non-highway or off-highway tires.
• Have the ability to operate at posted speed limits.
• Be equipped with such equipment as safety belts for the driver and all passengers, either side mirrors or a rear-view mirror, traditional steering wheel, two headlights, two turn signals and at least one brake light.
Driver and passenger requirements include:
• Drivers shall be at least 18 years old and possess a valid operator’s license.
• Drivers shall possess proper insurance.
• Any driver or passenger must wear a seatbelt in accordance with Indiana law.
• No children requiring use of a harness seat are allowed as passengers.
As far as operations are concerned, recreational off-highway vehicles:
• Shall be driven on city streets and alleys only and not on berms, sidewalks, pathways or city grass.
• Are not permitted on city streets from 10 p.m. to 6 a.m.
• May not travel on Veterans Memorial Highway.
• Shall not be driven on state property, except while crossing at right angles for purposes of getting from one area to another.
Violations of the ordinance will include a $100 fine for a first offense, $250 fine and 60-day suspension from using the vehicles on city streets on a second violation and $500 fine and lifetime suspension for a third offense.
Councilman Thomas made the motion to table the ordinance, delaying it for certain provisions to be rewritten. Hammer seconded with Eckert, Murray, Stacie Langdon, Veronica Pejril and Russell Harvey also voting to table. By the time the ordinance is reintroduced, Eckert, Murray, Pejril and Harvey will be former City Council members, replaced by Aguirre, Katherine Asbell, Tina Nicholson and David Masten.
The next regular session of the Council is set for 7 p.m. Thursday, Jan. 11 at City Hall.