Mark Webber | The Republic Bartholomew County Commissioners Tony London, left-right, Larry Kleinhenz and Carl Lienhoop are shown during a recent meeting.
The Bartholomew County commissioners finalized an ordinance Monday to permit certain utility terrain vehicles to operate on county roads, and allow golf carts on streets within residential county subdivisions.
The commissioners passed the second reading of an ordinance amending county code to do so by a 3-0 vote. The ordinance officially goes into effect on Aug. 28. The ordinance was approved on first reading Aug. 4.
County officials, including Bartholomew County Sheriff Chris Lane, encouraged residents to make sure to read the ordinance themselves in advance of it becoming active. Lane said there will be no cutting slack once the ordinance is in effect, and that his department will be ready to enforce it and issue citations if people skirt the rules.
“It spells out what you can and what you can’t do,” said Lane, who worked in conjunction with the commissioners on the ordinance. “And if you’re not doing what’s you’re supposed to be doing, I have zero sympathy if you get a ticket.”
“I’m not going to say that there’s not going to be an issue here and there and we’ll address those issues,” Lane also said. “And if there’s issues and it gets overwhelming, I’ll be the first person to come over here and talk to all three of you and say, ‘We need to make some tweaks and we need to make some changes because obviously people aren’t doing what they need to be doing.’”
Bartholomew County was one of only eight Indiana counties that did not allow off-road vehicles on county roads, according to a map by the Indiana Department of Natural Resources that was current as of March 27.
A utility terrain vehicle, or UTV, is typically equipped with two side-by-side seats and enclosed in a roll cage. Depending on use and configuration, UTVs are also sometimes known as recreational off-highway vehicles.
UTVs and golf carts have been prohibited on public roads in Bartholomew County. Under Indiana law, the vehicles are not permitted on county and city roads unless a local community passes an ordinance that explicitly allows it.
The city, for its part, is going to address the same topic as well sometime in the next couple of months, according to the commissioners.
County officials have said they aimed to balance requests from constituents in favor of an ordinance with concerns about public safety, as well as the added responsibilities for law enforcement.
The commissioners also pointed out they can always amend the ordinance later on if anything comes up once it’s put into practice.
Commissioners Larry Kleinhenz, R-District 1, and Carl Lienhoop, R-District 2, have said they were previously opposed to such an ordinance, but felt as though UTVs have advanced in such a way that they are now comfortable supporting it. They also said it’s been something they’ve been asked about continually by constituents.
The ordinance states that UTVs of a specific type can be used on county roads within unincorporated Bartholomew County, and allows the operation of golf carts on internal neighborhood roads within unincorporated Bartholomew County. The ordinance would not apply to state highways in the county or city streets in Columbus.
The usage of UTVs and golf carts would still be prohibited in incorporated areas of the county like Hartsville, Elizabethtown and Jonesville, for example, unless those respective town councils pass their own ordinance.
In addition ATVs, like four-wheelers, are still prohibited.
All recreational off-road vehicles and UTVs authorized to operate within unincorporated Bartholomew County via the proposed ordinance must meet the following minimum state standards outlined by Indiana Code, that a given recreational off-road vehicle:
- Is 80 inches or less in width when measured from outside of tire rim to outside of tire rim
- Has a dry weight of 3,500 pounds or less
- Is designed for travel on at least four non-highway or off-highway tires
- Is designed for recreational use by one or more individuals
All recreational off-highway vehicles must also meet the following requirements added by the commissioners, that they:
- 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 no more than 2,500 pounds
- Shall be required to ride single file and not side by side
- Be designed for travel on at least four non-highway or off-highway tires
- Have the ability to operate at 35 miles per hour or greater to keep up with traffic
- Golf carts, UTVs and recreational off-highway vehicles must have insurance as well.
A given individual must have a valid driver’s license to operate golf carts or UTVs, according to the ordinance.
It also states a given recreational off-highway vehicle must have: safety belts for the driver and all passengers; either side mirrors or a rear-view mirror; a traditional steering wheel; two headlights; two turn signals; at least one brake light; and a roll cage.
One of the chief concerns on behalf of the commissioners, constituents and law enforcement has been children operating the vehicles. Anyone younger than 18 driving or riding in a UTV is also required to wear a helmet.
If someone’s child, for example, is found operating a UTV, their guardian could be subject to fines, according to law enforcement.
“If you let your 10-year old child drive your golf cart in the neighborhood, you’re going to get a ticket,” Commissioner Tony London, R-District 3, remarked. “The kid’s not going to get a ticket, you’re going to get the ticket.”
Violations of the proposed ordinance would result in a $100 fine on first offense, $200 fine for a second offense within one year, and a fine of $300 for a third offense and any additional offense within one year.
UTVs must receive a registered sticker at the BMV through the Indiana Department of Natural Resources that is $30 and lasts for three years, similar to getting a boat registered.
The commissioners opted to not have a specific Bartholomew County sticker or some sort of additional registration through the sheriff’s department. London said they may be the only county with such an ordinance not to require that.
“We talked a lot about this, and the reason was, people are taxed to death,” London said “… And quite frankly, the amount of revenue it would raise is negligible compared to the amount cost with checking all these vehicles.”
The draft ordinance goes on to restrict the usage of golf carts, UTVs and recreational off-highway vehicles in any public right-of-way, and includes limits on the number of passengers in the vehicles as defined by the manufacturer.
If someone operating a UTV wants to cross a state road to go from one county road to another, it must be done at 90 degrees, Lane said.
“They can cross directly across the highway, but you can’t drive down the highway to get to the nearest road,” Lane said on Aug. 4. “… If they want to go out and ride, they need to get their map out and make sure that they’re crossing (correctly).”
More information, including safety tips, can be found on the DNR’s website.
