Ordinance no

ORDINANCE NO. 6-12-17-1

AN ORDINANCE AMENDING THE ORDINANCE REGULATING THE USE OF MOTORIZED CARTS WITHIN THE TOWN OF MILAN

WHEREAS, the Milan Code of Ordinances currently allows for the operation of off-road vehicles within corporate limits; and
WHEREAS, the use of off-road vehicles on town streets creates a potential safety hazard for the occupants of the off-road vehicle and a potential traffic hazard for the community; and
WHEREAS, the Milan Code of Ordinances allows for the operation of motorized carts on town streets wherein more passengers than those intended for the motorized cart to haul is allowed, creating a potential safety hazard for the occupants of the motorized cart and a potential traffic hazard for the community; and
WHEREAS, the Milan Code of Ordinances currently allows for the operation of motorized carts on town streets wherein children are being transported in child restraints that are improperly secured to the motorized cart, creating a potential safety hazard for the occupants of the motorized cart and a potential traffic hazard for the community; and
WHEREAS, the ordinance regulating the use of motorized carts within the Town of Milan should be amended to address these potential safety hazards and dangers.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MILAN:
Section 1. Ordinance 4-11-11-1, AN ORDINANCE REGULATING THE USE OF MOTORIZED CARTS WITHIN THE TOWN OF MILAN, shall be amended as follows:
Section 1.b. shall be amended to read as follows:
“b. The term does not include:

1. 
   An electric personal assistive mobility device (as defined in IC 9-13-2-49.3):
   
2. 
   A motorcycle (as defined in IC 9-13-2-108);
   
3. 
   A motor scooter (as defined in IC 9-13-2-104);
   
4. 
   A motorized bicycle (as defined in IC 9-13-2-109); or
   
5. 
   An off-road vehicle (as defined in IC 14-8-2-185).”
   

Section 2.a. shall be amended to read as follows:
“a. Motorized carts may be operated within the corporate limits of Milan by those persons who have a valid motor vehicle drivers license or are at least 16 years of age and 180 days and hold a valid Indiana ID card.”

Section 2.b. shall be repealed.
Section 2. Operations & Limitations shall be amended to add the following paragraphs:
“h. Any children under eight years of age must be properly restrained in a child safety seat or booster seat according to the child restraint system manufacturers instructions under the same terms and conditions as Indiana’s Child Restraint Laws for Motor Vehicles. (IC 9-19-11, et seq.) All other passengers are required to wear seatbelts.

1. 
   No motorized cart shall be permitted to carry more occupants than designed by the manufacturer.”
   

Section 2. All other provisions of Ordinance 4-11-11-1 not in conflict with this amendment shall remain in full force and effect.

This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper.

Primarily adopted by the Common Council of the Town of Milan, under suspension of rules this 12^th day of June, 2017.
Ayes:
Nays:

Whole number of Council being three.

_____________________________________ __________________________________

Noel Houze, Jr., President and Council Person Melissa Baker, Council Person

__________________________________

Don Call, Council Person

Attest _______________________________

Debra Fugate-Hackman, Clerk- Treasurer