Goshen follows state ban for off-road vehicles on highways
GOSHEN — Council was forced to scale back a law allowing golf carts and off-road vehicles on city streets after learning that state highways are still off-limits.
Goshen Common Council on Monday voted to update the rules enacted last summer that allow the use of carts and off-road vehicles within city limits. They originally passed laws in July giving carts and ORVs use of the roads, following similar action by county officials.
The rules that went into effect Nov. 1 allow carts on streets with a speed limit of 30 mph or less while spelling out specific segments of state roads that ORVs could or couldn't use. Drivers must be 16 or older and must have a valid license and insurance.
Goshen legal counsel Bodie Stegelmann said Monday that state law does not allow the use of any part of state highways, even if they're within city limits.
'Basically what happened is, it came to our attention that we may have exceeded the city's authority by allowing off-road vehicles on state highways,' he told council. 'The statute that allows the city to adopt an ordinance like this talks about allowing off-road vehicles on streets under the city's jurisdiction. Going beyond that and allowing vehicles on the state highway system would exceed our authority under that statute.'
He said for example that Plymouth Avenue is part of the state highway system because it's also S.R. 119, so it's not under the city's jurisdiction. The city legal department introduced an amended version of the law that includes a blanket ban on using off-road vehicles on S.R. 119, S.R. 15 and U.S. 33.
Councilman Brett Weddell said efforts were made last year to get state lawmakers to change the rules, but those fizzled out. He said it's unfortunate because off-road vehicles will be forced to go through neighborhoods instead of sticking to the main roads.
'Everything that Bodie said absolutely is true, unfortunately,' Weddell said. 'It was written the way it was written because we felt like we had jurisdiction on those state highways within the corporate city limits to allow it, but as Bodie has said, it doesn't sound like that.'
He suggested entirely removing the section of the city law that addresses the use of state highways. Other board members agreed to the amendment before passing the replacement ordinance on first and second reading.
Golf carts and off-road vehicles are still able to cross state highways.
Goshen resident Kyle Richardson encouraged council to look for ways they could improve the connectivity of the routes that off-road vehicles are able to use.
'Any transportation system, whether it's off-road vehicles or bicycles or trains, are only as valuable as the connectivity of the system,' he said. 'I know the streets that are legal for off-road vehicles already struggle with some connectivity issues. This will increase those.'
Mayor Gina Leichty later gave a reminder that the city is hosting a golf cart registration and inspection day from 9 a.m. to 2 p.m. on May 31 at Central Fire Station, 209 N. 3rd St. City officials will inspect carts and issue permits to those that pass.
There is a $50 registration fee.
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