Goshen council considering golf carts, ORVs on some roads

May 15—GOSHEN — Goshen is considering an ordinance which would allow golf carts and off-road vehicles on some city streets.

Goshen Mayor Gina Leichty explained that the consideration came from Elkhart County's recent ordinance of the same topic, but did ask the Goshen City Council during Monday night's meeting to hold off on a second reading of the ordinance until June, so as many people as possible could hear about and have conversations about the possibility. The first reading occurred during that meeting.

The council instead voted to table the ordinance and form a task force to further explore the ordinance.

Councilor Brett Weddell noted that the county's ordinance prohibits off-road vehicles on any street with a posted speed limit of 35 mph or higher and said he would like to see that in the city's ordinance as well. He noted that it would also limit the ordinance to mostly only residential and neighborhood streets.

"I do think we need to have some consistency," Weddell said. "It gets very confusing when you go from community to the next community in our county and they all have different rules."

Goshen Police Chief Jose Miller posed concerns about the speeds and capabilities of off-road vehicles.

"There's a reason they're not on highways right now in the state," he said.

He also said on the south end of town, officers do interact with some off-road vehicles and the result is often people flee.

"It is going to be one more thing that we have to monitor and keep up on," he said. "My preference would be if we're going to do something ... I would sure like to see, maybe starting off with golf carts ... and maybe we can look at off-road vehicles in the future."

Golf carts, at least, aren't as fast as off-road vehicles which will more easily allow officers to adjust.

Leichty said part of the reason they wanted to include both golf carts and off-road vehicles is because the county did, and Nappanee's ordinance does.

CHRONIC DISORDERLY PROPERTIES ORDINANCE

The council is also exploring an ordinance that would fine landlords for failing to manage disorderly tenants. On Monday, they approved the first reading of the ordinance.

Leichty explained that the ordinance came about after discussions with some residents about landlords knowingly and willingly allowing their tenants to wreak havoc upon neighbors without consequence.

Now the city is asking what can be done to provide incentives to landlords who cooperate with the city and what can be done when police have visited properties many times for serious chronic criminal activity or common nuisance.

"We have ordinances in place to address things like leaving couches on your front porch, that is not what this is about," Leichty commented. "This is about a broader issue where we have repetitive issues over and over again that currently there is no recourse to addressing."

City Attorney Bodie Stegelmann and Assistant Mayor Mark Brinson researched how other cities handled it and legal pathways to address similar problems.

"I definitely feel for the people who have been suffering next to this particular property and I certainly agree that we need a tool for dealing with that, we just need to ensure that there are no unintended consequences and people aren't unfairly victimized," Councilor Linda Gerber said.

Councilman Matt Schrock said he would support an ordinance that would hold landlords and their tenants to the same standards as homeowners.

The issue was brought up specifically from one property in Councilor Megal Peel's district.

"People should be able to do what they want to do but not when it infringes on the quality of life of your neighbor, the safety, the hygiene nature of trash being on the porch," Peel said, noting that residents don't feel safe with friends coming over and are concerned that others have left the neighborhood because of it.

Goshen city Assistant Police Chief Shawn Turner spoke to the council, following a meeting with the landlord.

"For too long the PD has felt that there are certain landlords that operate with impunity within the city," he said. "They allow less reputable tenants, involved in criminal lifestyles to move into their rental properties, which are poorly maintained and considered neighborhood eye sores, and because of their activities, a threat to the neighborhood. This becomes a quality of life issue for the residents of these neighborhoods and statistically will increase the number of police-related calls to these properties."

Turner said the problem impacts not just police but also neighbors, as the likely result is an increase in criminal activity, including drug usage and theft. Turner said by the time the problems make their way to the police department, there are many issues involved including ongoing drug usage, blight, ordinance violations, and building department calls.

Gerber said she had concerns about residents misusing the ordinance to settle disputes or get back at each other and suggested stronger language in order to discourage that.

Residents also expressed concerns about the ordinance, but overall, they supported it.

"It feels like there's a lot of ordinances and regulations that these landlords are also ignoring, which is why their properties are in this state, to begin with," Corey Martin told the council during public comment.

He questioned what the enforcement method would be, and if fines or consequences would even be a deterrent.

Leichty noted that the ordinance is not aimed at tenants, but at landlords who do nothing to prevent the problems on their properties.

Neighbor Brandon Rhodes said he was happy with the schedule of fines built into the ordinance.

"These people, while they victimize others, are in a situation where they clearly lack support, they lack structure, they lack the ability to help themselves have peaceful lives," Rhodes said. "I feel that the landlords will begin, thanks to this fee structure, to have to pay the social services that they have been relying on at the rest of our expense."

"This is kind of next-level enforcement compared to what we're doing currently," Stegelmann said.

Neighbor Lisa Jordan said the home in question has affected her quality of life to such an extent that she's afraid to do many things.

"As a mother, I feel very unsafe living by this property," Jordan said. "I have felt completely powerless in fighting against it. I would appreciate anything you can do to help keep me and my family safe. This isn't about loud music. This isn't even about trash for me. This is about me feeling like I can't let my kids get their bikes out. I don't feel safe taking my bike out without my husband there. I had a garden that I had to remove and plant trees because I don't feel safe out there. I've had to train my children that when things are happening at that house, they are to run into the house and get me immediately."

Jordan said that the nearly 80 police calls to the area didn't reflect the incidents occurring, and suggested concerns much more often, stating she herself had only called less than a handful of times.

"It's just unbelievable to me the amount of crime that lives there and all of us neighbors just feel powerless," she said. "Please help us."

Leichty said in the case of the home that brought about the discussion, the landlord claimed that the residents had threatened them, and he was afraid to do anything about it, but continued to accept rent.