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Greencastle Common Council set to debate proposed UTV ordinance again Thursday

In what has been a constant theme dating back to last year, the Greencastle Common Council is set to take up a proposed ordinance pertaining to the use of recreation utility terrain vehicles on city streets. 
The measure was first proposed by former Councilman Cody Eckert last November. In introducing the proposed ordinance, Eckert said there was no uniform enforcement within the city and he had hoped the ordinance would provide uniformity and flexibility for residents who did not want to use cars. 

What has ensued since has been two months of several residents coming to city hall to voice concerns over the proposal and city council tabling the matter twice. In December it was tabled so the new council and mayor could take up the matter, and last month, a new council that features four new councilmembers pushed the ordinance to this Thursday's meeting, which will take place at 7 p.m. at City Hall. 

One of those new councilmembers who voted on the measure last month was Vincent Aguirre, who represents the Fourth Ward. Aguirre voted against tabling the matter in January and admits he has not heard from anyone new in his ward. 

"One person did reach out to reiterate her support for small government and disappointment with how the meeting took place. I also have heard from a resident in another ward who does not feel they are being heard and is against the ordinance. I listened to their feedback and discussed the issue with them. One 4th Ward business is excited to host UTV nights to get more customers in the door," Aguirre told The Putnam County Post. 

Aguirre admits he was surprised the motion was not voted on one way or the other, especially since there had been prior discussion.

"I found the time to reach out to city employees, residents, local businesses and UTV sellers to be prepared. I don't see why we weren't prepared as a whole to make a decision," Aguirre said. 

Under the proposed measure, the UTV vehicles would be allowable to navigate city streets and would require proper signage around the city. According to the proposed ordinance, the UTV must have a dry weight of no more than 2,500 pounds, be designed for travel on at least four non highway or off highway tires, be designed for recreational use by one or more individuals, have the ability to operate at the posted speed limit and be equipped with safety belts for all passengers, have side mirrors or a rear view mirror, a traditional steering wheel, two headlights and turn signals and a brake light. 

In addition, all drivers shall meet the following requirements: Be at least 18 years of age or older, possess an Indiana driver's license, have insurance, wear a seatbelt and all passengers must wear a seatbelt. Furthermore, the ability to use the UTV on city streets comes with a $100 registration fee for inspection and processing. The permit may be renewed for additional one year periods upon payment of a renewal fee of $35, which shall be paid annually. The permit cannot be transferred to other vehicles or owners. 
The ordinance also states the vehicles cannot be used on city streets from 10 p.m. to 6 a.m., cannot be driven on sidewalks, pathways or city grass and cannot be driven on Veterans Memorial Highway. 

The proposed ordinance also comes with punishment for those who do not comply with the first offense coming with a $100 fine. A second fine would be $250 and a 60 day suspension from using UTV vehicles on city streets. A third violation results in a $500 fine and a lifetime suspension. 
The ordinance does not include golf carts, ATVs, three or four wheelers and slow moving vehicles. 

Aguirre said he is not sure if the ordinance will pass or not, but admits there are only two options. 

"First pass it, or two, don't pass it and carve out exceptions for the city and DePauw. I am not going to support something that carves out exemptions," he said. 

And, Aguirre still welcomes input from constituents.

"I think it's important for people to get involved. At the first reading, as an audience member, I was against the idea. After talking to 4th Ward residents and other stakeholders, I came around to it. If there are people in the 4th Ward who are against this, I would love to hear their perspective still. I also encourage people to show up Thursday. I can't speak for everyone on council, but I get the sense that everyone is going to give more weight to those in attendance versus anonymous comments online. If anyone wants to be heard, but for some reason is afraid of repercussions or other consequences, I want them to know that I am here to listen, without judgement and with confidentiality, if they feel that is important," Aguirre said.  

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