ORDINANCE NO. 1181 18 AN ORDINANCE ENACTING NEW TITLE FOURTEEN, UNDER-SPEED VEHICLES, UTILITY VEHICLES, MINI-TRUCKS, AND LOW-SPEED VEHICLES, OF THE TRAFFIC CODE OF THE CODIFIED ORDINANCES OF THE VILLAGE OF PUT-IN-BAY REGARDING THE USE OF UNDER-SPEED VEHICLES, UTILITY VEHICLES, MINI- TRUCKS, AND LOW SPEED VEHICLES ON VILLAGE STREETS, AND DECLARING AN EMERGENCY. WHEREAS, for the past several years, the Village has permitted the use of golf carts and side-by-sides (e.g. Rangers, Razors, Gators, etc.) on Village streets, and WHEREAS, Substitute Senate Bill 114 which was passed by the 129 th General Assembly of the State of Ohio and signed into law by Governor Kasich in 2013, imposes certain requirements on municipalities that authorize the use of under-speed vehicles (i.e., golf carts), utility vehicles (i.e. Gators), mini-trucks and low speed vehicles on municipal streets; and WHEREAS, Substitute Senate Bill 114 was codified in Title 45 of the Ohio Revised Code, and the relevant provisions thereof became effective on January 1, 2017; and WHEREAS, the Village desires to enact regulations regarding the use of under-speed vehicles, utility vehicles, mini-trucks, and low-speed vehicles on Village streets, consistent with the authority and restrictions placed upon municipalities by Substitute Senate Bill 114; and NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Put-in-Bay, County of Ottawa, State of Ohio, that: SECTION 1: New Title Fourteen, Under-Speed Vehicles (including non-modified golf carts), Utility Vehicles, Mini-Trucks, and Low-Speed Vehicles of the Traffic Code of the Codified Ordinances of the Village of Put-in-Bay is hereby enacted and shall read in its entirety as follows: TITLE FOURTEEN Under-Speed Vehicles (including non-modified golf carts), Utility Vehicles, Mini-Trucks, and Low-Speed Vehicles CHAPTER 490 Under-Speed Vehicles (including non-modified golf carts), Utility Vehicles, Mini-Trucks, and Low-Speed Vehicles {02516040-1} Page 1
490.1 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning: (a) Low-speed vehicle means a three or four-wheeled motor vehicle with an attainable speed in one mile on a paved level surface of more than twenty miles per hour but not more than twenty-five miles per hour and with a gross vehicle weight rating less than three thousand pounds. Low-speed vehicle includes a vehicle commonly known as a golf cart when the golf cart is capable of attaining a speed in one mile on a paved level surface of more than twenty miles per hour but not more than twenty-five miles per hour. (b) Mini-truck means a vehicle that has four wheels, is propelled by an electric motor with a rated power of seven thousand five hundred watts or less or an internal combustion engine with a piston displacement capacity of six hundred sixty cubic centimeters or less, has a total dry weight of nine hundred to two thousand two hundred pounds, contains an enclosed cabin and a seat for the vehicle operator, resembles a pickup truck or van with a cargo area or bed located at the rear of the vehicle, and was not originally manufactured to meet federal motor vehicle safety standards. (c) Multi-use vehicles means under-speed vehicles (including vehicles commonly known as golf carts when the golf cart does not attain a speed greater than twenty miles per hour), utility vehicles, and mini-trucks. (d) Under-speed vehicle means a three or four-wheeled vehicle, including a vehicle commonly known as a golf cart, with an attainable speed on a paved level surface of not more than twenty miles per hour and with a gross vehicle weight rating less than three thousand pounds but does not include a golf cart modified to attain a speed of more than twenty miles per hour. (e) Utility vehicle means a self-propelled vehicle designed with a bed, solely for the purpose of transporting material or cargo in connection with construction, agriculture, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities. Examples of utility vehicles include Rangers, Razors, and Gators. 490.02 MULTI-USE VEHICLES PERMITTED ON VILLAGE STREETS. (a) Subject to the requirements of this chapter, the use of Multi-Use Vehicles shall be permitted on Village streets where the speed limit is thirty-five (35) miles per hour or less. {02516040-1} Page 2
490.03 TITLE AND REGISTRATION REQUIRED. (a) Prior to the operation of a Multi-Use Vehicle on the Village streets, the vehicle must be titled in accordance with Ohio Revised Code Chapter 4505 and registered in accordance with ORC Chapter 4503. (b) Out of state Multi-Use Vehicles are not permitted on Village streets. 490.04 VEHICLE INSPECTION (a) Before the owner of the Multi-Use Vehicle may obtain a new or transferred title for the Multi-Use Vehicle, the Multi-Use Vehicle must pass an inspection conducted by the Village of Put-in-Bay Police Department or other local law enforcement agency. The inspection fee shall be $20.00. (b) At the time of the inspection, the owner of the Multi-Use Vehicle must present all of the following: (1) A valid driver s license. If the owner of the Multi-Use Vehicle is a business, the business must require that all persons operating its Multi-Use Vehicles have a valid driver s license; (2) Proof of insurance; (3) Proof of ownership; (4) If the Multi-Use Vehicle is an under-speed vehicle, the owner/operator also must provide proof of the gross vehicle weight. If the Multi-Use Vehicle is a mini-truck, the owner/operator must provide proof of the unladen weight; and (5) Payment for the inspection fee. (Check payable to Village of Put-in-Bay.) 490.05 COMPLIANCE WITH TRAFFIC LAWS. All Multi-Use Vehicles must be operated on Village streets in accordance with all applicable state and local traffic laws, including but not limited to the following: 1. Anyone who operates a vehicle on the Village streets must have a valid driver s license. 2. A vehicle must have the required license plates. 3. A vehicle must have at least minimum liability insurance coverage as required by the State of Ohio. {02516040-1} Page 3
490.06 REQUIRED EQUIPMENT. (a) A Multi-Use Vehicle, at a minimum, must have all of the following: (1) Brake lights (2 lights); (2) Head lights (2 lights); (3) Tail lights (2 lights); (4) Turn signals (2 front, 2 rear); (5) A horn; (6) A rearview mirror; (7) A windshield; (8) Brakes and a brake system; (9) A steering mechanism; (10) Appropriate tires that are free of major bumps, bulges, breaks, or any other unsafe conditions; (11) Seat belts sufficient for the maximum occupancy of the vehicle; and (12) A properly placed inspection sticker issued by the Put-in-Bay Police Department. 490.07 LOW SPEED VEHICLES. In accordance with applicable provisions of the Ohio Revised Code, the use of Low-Speed Vehicles shall be permitted on Village streets where the speed limit is thirty-five (35) miles per hour or less. All such use must also be in compliance with Sections 490.03, 490.05 and 490.06 of this ordinance. 490.99 PENALTY. A violation of this ordinance shall be a minor misdemeanor, subject to the penalties stated in Section 408.01 of this Traffic Code. Each day of non-compliance shall constitute a separate violation. Individuals, corporations, companies so named on the title of said vehicle shall be responsible for all safety equipment and shall also be responsible for all penalties set forth in this section. SECTION 2. All Village legislation inconsistent herewith, including but not limited to ordinances, is hereby repealed. SECTION 3. The Fiscal Officer is authorized and directed to send a certified copy of this Ordinance to the Director of the State of Ohio Department of Public Safety to notify the State that Village Council has expressly permitted the operation of Multi-Use Vehicles on Village streets. {02516040-1} Page 4
SECTION 4. All formal actions of the Council of the Village of Put-in-Bay concerning and relating to the adoption of this ordinance were taken in open meetings in compliance with all requirements of Section 121.22 of the Ohio Revised Code. SECTION 5. This ordinance is deemed an emergency measure necessary for the health, safety, and welfare of the residents of the Village of Put-in-Bay, Ohio, because the Village must amend its local laws to comply with substitute Senate Bill 114 as soon as possible. Therefore, it shall take effect and be in force immediately from and after its passage. Passed:, 2018 Attest: Fiscal Officer Approved, 2018 Bernard M. McCann, Mayor {02516040-1} Page 5