AN ORDINANCE OF THE COUNCIL OF THE VILLAGE OF JEROMESVILLE REGULATING THE USE OF UNDERSPEED VEHICLES WITHIN THE VILLAGE OF JEROMESVILLE OHIO AND SUPERSEDING ORDINANCE 2018-04

 

Adopted in Regular Session (5-0-1) 20 April 2021

WHEREAS, the use of golf carts and other underspeed vehicles on the streets of the Village has become more prevalent and members of the community have expressed a desire to operate golf carts on public roadways; and

 

WHEREAS, the use of golf carts and other underspeed vehicles on public roadways creates an issue of health, safety and public concern; and

 

WHEREAS, in order to improve the health, safety, and general welfare of the Village and its residents, the Legislative Authority deems it prudent to provide for and regulate the use of underspeed vehicles within the Village of Jeromesville, Ohio.

 

Now, therefore, be it ORDAINED by the Council of the Village of Jeromesville that—

 

(1) Definitions: for purposes of this Ordinance, a “ golf cart” shall be defined as a motor vehicle as the term is defined under O.R.C. 4501 (B). This section may also apply to other underspeed vehicles at the discretion of the Village Council based on the definitions set forth in the Ohio Revised Code, as amended from time to time.

 

(2) Restrictions: No person shall operate an underspeed vehicle on any public roadway within the Village of Jeromesville unless the underspeed vehicle owner has first passed a safety inspection by the Ashland County Sheriff Department or designee for compliance with the State of Ohio’s requirements that are applicable to motor vehicles and such underspeed vehicle contains all equipment as required by the State of Ohio and this Ordinance.

 

(3) Equipment: A list of equipment required for safe operation of a motor vehicle in traffic as set forth by Ohio Revised Code Chapter 4513 shall be kept at the Village Office in regard to this Ordinance, and shall include:

(A) Two working headlights. Headlights should be used 30 minutes before sunset and 30 minutes after sunrise; headlights should always be used during inclement weather

(B) At least one working taillight and one working brake light.

(C) Directional signals.

(D) A rearview mirror.

(E) A white light illuminating the rear license plate legible from a distance of 50 feet.

(F) A working horn.

(G) A valid license plate on the rear of the vehicle; bracketed to the vehicle.

(H) One seat belt per occupant. 

 

(4) Licensing Requirement of Operator: 

(A) No person who is less than 16 years of age shall operate an underspeed vehicle on the streets or alleys of the Village. 

(B) The operator of an underspeed vehicle on permitted streets and alleys within the Village must hold a current motor vehicle driver’ s license. 

(C) No person who is the owner or operator of an underspeed vehicle shall fail to display, in plain view on the front windshield of the underspeed vehicle, a distinctive numbered permit issued by the Village; this permit will be renewed annually and inspected by the Ashland County Sheriff Department or its designee. Initial safety inspection fee and permit fee will be posted at Village Hall.

(D) Permits are valid from January 1 – December 31, of the year in which the permit is issued.

 

(5) Safety Inspection: No person shall operate an underspeed vehicle on any public roadway within the Village unless the underspeed vehicle has been inspected for compliance with the State of Ohio statutory requirements that are applicable to motor vehicle operations including entitling the owner or operator to secure a title and license for the underspeed vehicle. The owner of the underspeed vehicle shall provide current proof of insurance at the time of the annual permit renewal.

 

(6) Usage and restriction: Waiver

(A) Per the Ohio Revised Codes, this underspeed vehicle permit is only valid within the Village of Jeromesville’s corporate limits. No other authority is permitted.

(B) Occupants of underspeed vehicles shall be seated at all times in the seat of the underspeed vehicle buckled by seat belt when the underspeed vehicle is on and in motion. Standing on any portion of the underspeed vehicle while in motion is prohibited

(C) Any child who falls under the child restraint criteria set by Ohio R.C. 4511. 81 is prohibited from being a passenger in an underspeed vehicle operated on any Village street, right of way, or public area in the Village of Jeromesville.

(D) No person shall operate underspeed vehicles on sidewalks or walking trails.

(E) Underspeed vehicles must be operated in accordance with all State of Ohio traffic laws in addition to all applicable sections of the Village of Jeromesville resolutions/ ordinances.

(F) The provision of this section may be waived during limited periods of special events for which the operators of the underspeed vehicles have received prior approval for the use of underspeed vehicles from the Village.

(G) This Ordinance is not applicable to any village owned vehicles while operated by a village employee.

 

(7) Penalty: Whoever violates the provision of this ordinance is guilty of a minor misdemeanor on each offense. 

 

(8) That Council finds and determines that all formal actions relative to the passage of this Ordinance were taken in an open meeting and that all deliberations of Council which resulted in the passage of this Ordinance were taken in meetings open to the public, in full compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.