ORDINANCE NO. 2007-O- 6

AN ORDINANCE ESTABLISHING CHAPTER 377 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF WAKEMAN, OHIO RELATIVE TO THE OPERATION OF GOLF CARTS WITHIN THE VILLAGE OF WAKEMAN, OHIO.

WHEREAS, Council has previously adopted Part Three, Title Nine of the Codified Ordinances of the Village of Wakeman, Ohio entitled >Pedestrians, Bicycles, and Motorcycles,= relative to regulations for the pedestrians, and persons riding bicycles and motorcycles on its public streets; and

WHEREAS, the Chief of Police of the Wakeman Police Department has informed Council that there are numerous residents using golf carts on the streets of the Village of Wakeman and that there are no regulations in the Codified Ordinances of the Village of Wakeman, Ohio pertaining to the operation of golf carts on the streets within the Village; and

WHEREAS, Council has determined that it is necessary to amend Part Three, Title Nine of the Codified Ordinances of the Village of Wakeman, Ohio, entitled >Pedestrians, Bicycles, and Motorcycles,= in order to add a new section to said codified ordinances regulating the use of golf carts on the streets within the Village of Wakeman; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF WAKEMAN, STATE OF OHIO:

Section 1. That, from and after the effective date of this Ordinance, Chapter 377 of the Codified Ordinances of the Village of Wakeman, Ohio shall read as follows:

377.01 DEFINITIONS.

VEHICLE has the same meaning as set forth in R.C.'4501.01(A).

MOTOR VEHICLE has the same meaning as set forth in R.C. '4501.01(B).

OPERATOR has the same meaning as set forth in R.C. '4501.01(X).

GOLF CART is a motor vehicle as that term is defined under R.C. '4501.01(B).

377.02 INSPECTION OF GOLF CARTS.

No person shall operate a golf cart on the streets within the Village unless the golf cart has been inspected by the Chief of Police or his designee for compliance with the state of Ohio=s statutory requirements that are applicable to motor vehicles.

The owner or operator of any golf shall be required to pay an inspection fee of twenty-five dollars ($25.00). If the Chief of Police or his designee determines that the golf cart complies with the state of Ohio=s statutory requirements that are applicable to motor vehicles, the Chief of Police or his designee shall issue the owner or operator a certificate of compliance entitling the owner or operator to operate the golf cart on the streets within the Village. The owner or operator shall also show the Chief of Police or his designee proof of liability insurance for the golf cart before a certificate of compliance is issued.

377.03 PENALTY.

Whoever violates this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

Section 2. That Council hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with all applicable legal requirements, including '121.22 of the Ohio Revised Code.

Section 3. That this Ordinance shall be effective at the earliest date permitted by law.

______________________________

Mayor

Attest:

_______________________________

Village Fiscal Officer

1^st Reading: March 12, 2007

2^nd Reading: April 9, 2007

3^rd Reading: May 14, 2007

Adopted: May 14, 2007