Ordinance committee tweaks proposed golf cart ordinance

Libby City Council’s ordinance committee lent its support for a third time to a proposal that would legalize golf cart usage on local streets under certain conditions.

Two previous attempts at legalization failed before the full body, but residents backing the proposed ordinance hope the third time is the charm. They are counting on tweaks to the language this go around to earn city council’s support.

When councilors considered the matter in October and January, the ordinance would have allowed any licensed driver to operate a golf cart on certain streets within city limits. Now the proposal would limit usage to people who are considered physically disabled under state code.

The idea of changing city code from the start came at the behest of a disabled local man, Oliver Orak. But examining the proposal through the lens of the Americans with Disabilities Act came after Orak’s supporters argued earlier this month that the city was violating his rights by forbidding him to drive his golf cart in town.

Orak told councilors during an April 5 meeting that the Americans with Disabilities Act guaranteed his right to choose what vehicle best suited his needs. Orak said he struggled with traditionally legal street vehicles and needed a golf cart to get around town.

City Attorney Dean Chisholm cautioned that the ADA fell short of requiring municipalities to allow any and all vehicles on city streets. Chisholm maintained that it was up to municipalities to decide if golf carts were street-legal within city limits.

When Orak said he planned to drive his golf cart with or without the city’s approval, citing his nearly yearlong push for official sanction, Chisholm urged patience.

By the April 12 committee meeting, officials had amended the proposed ordinance to apply only to persons with physical disabilities.

While discussing the ordinance, City Councilor Brian Zimmerman said he was still hung up on why Orak needed a golf cart, specifically. William Day, one of the residents who came before the council to show his support for the ordinance, said that the golf cart, with its low frame, was easier for Orak to climb in and out of.

Zimmerman countered by pointing out that the golf cart Orak planned to use was built up like a Polaris Ranger or a Can-Am utility side-by-side. Day replied that those vehicles, with price tags of around $27,000, proved too costly.

“We could go buy — if we could afford it — we could go buy a low speed car that does 27 miles per hour and register it and that would be that,” Day said.

Zimmerman said the group could have found a used side-by-side for under $10,000. This sum was still much higher than the cost of the golf cart, which Day said the group had purchased for $3,000 from one of his friends.

Day asked councilors to reconsider the wording of a clause that would require golf cart users to have a valid driver’s license or valid low speed restricted driver’s license. While Orak has a permit, Day said he has had trouble getting his full license approved. Day also said Orak has struggled to get his cart registered through the state, which is another requirement listed in the ordinance.

City Councilor Peggy Williams said the city’s hands were tied when it came to state regulations. Zimmerman noted that Hamilton allowed golf carts within city limits so there must be a way to register carts through the state Motor Vehicle Division.

The proposed ordinance requires golf cart drivers to procure liability insurance. While drivers would be able to cross U.S. Highway 2 and state Highway 37 at select intersections, carts would otherwise remain banned on the thoroughfares. Drivers also would not be allowed to take their carts on sidewalks or multiuse paths.

Zimmerman requested that the council amend the proposal to require turn signals on carts.

The full council body was expected to act on the ordinance proposal during its April 19 meeting, after The Western News’ print deadline.