Golf cart ordinance passes muster
Oliver Orak poses with his golf cart. Orak and a group of supporter have pressed Libby City Council to allow carts on city streets for nearly a year. (Photo courtesy of William Day)
The third time’s the charm for an ordinance allowing golf carts on Libby streets under certain circumstances.
Libby City Council unanimously supported the proposed change to city code on April 19. Local lawmakers had twice before nixed slightly different versions of the ordinance.
The ordinance will return to the council for a second reading and passing at an upcoming meeting.
Unlike the past golf cart proposals the council reviewed in January and October, the favored ordinance would only allow people considered physically disabled under state code to operate the vehicles on city streets. Councilors also supported an amendment to the ordinance requiring carts to have turn signals.
Residents began petitioning councilors to change city code last year to help a local disabled man. After the ordinance failed to pass for the second time, the group argued the city was violating Oliver Orak’s rights under the Americans with Disabilities Act.
City Attorney Dean Chisholm said during an April 5 council meeting that the ADA did not require municipalities to allow all types of vehicles on city streets.
But city officials agreed to take another look at the proposal. By an ordinance committee meeting the following week, officials had reworked the wording of the proposed code to apply exclusively to people with physical disabilities. Following the committee’s approval, the ordinance went before the full council body.
“We’re looking forward to seeing Oliver with a bit of freedom,” said resident Ken Krendall, one of Orak’s supporters, after the council lent its support to the ordinance.
There are still a few more hurdles for Orak to clear before he can take to the streets in his cart. William Day, an advocate for the ordinance, said supporters have found registering Orak’s cart to be a challenge. Despite petitioning county and state officials, Day said the group has failed to register the vehicle.
Officials indicated that it should be possible to register the cart under Montana State Code.
Orak also has yet to get a driver’s license, another requirement laid out in the ordinance. While Orak said he has a learner’s permit, he is waiting to get his cart registered before getting his license. Orak said officials have asked him to register his cart before he could use it to pass his license test.
Orak and other golf cart drivers must procure liability insurance under the city ordinance. Although drivers will be able to cross U.S. Highway 2 and state Highway 37 at certain intersections, carts will otherwise be prohibited on the thoroughfares. The city will not allow carts on sidewalks or multiuse paths.
Along with turn signals, carts will need other safety features including headlamps, stop lamps, reflectors and mirrors.
Libby Police Chief Scott Kessel said officers would take an education first approach to enforcing the ordinance. A violation of the city code would trigger a civil action. If an offender were to violate state law — by for example driving their cart without a license or the proper safety features — they could be subject to an $85 fine.
Kessel voiced his support for the ordinance saying that he was in favor of providing more access for disabled residents.
After a second reading of the ordinance, there will be a 30-day period before it goes into effect.