(A) The term OFF-ROAD VEHICLE shall be as set forth in I.C. 14-8-2-185, as the same may be amended from time to time, with the exception that all off-road vehicles must possess a steering wheel (as opposed to handle-bars or any other steering device), a foot pedal to engage the engine for movement of the off-road vehicle (as opposed to any other throttle mechanism), must be equipped with headlights, taillights, brake lights and turn signals that are in working order and illuminated during all times of operation, and which are visible from a distance of not less than 500 feet. In addition, all off-road vehicles must be equipped with a rear view mirror, and an original equipment manufacturer (OEM) exhaust system. Any off-road vehicle that does not satisfy all of the above requirements does not meet the definition of an off-road vehicle for purposes of this § 70.61 of the Argos Town Code.
(B) The classification and definition of an off-road vehicle will be determined by the Argos Chief of Police. Any person who owns and wishes to operate an off road vehicle in the town must annually register the same with the Town of Argos Police Department by completing an application for the same. Owners and/or operators shall cause to be affixed on the rear of the vehicle a registration sticker issued by the town upon successful registration.
(C) In order to operate an off-road vehicle on any street, alley or road within the corporate limits of the town, the operator of such vehicle must be a valid licensed driver. Additionally, no off-road vehicle may be operated at a speed greater than 20 mph on any street, alley or road, and further, every owner or operator shall obey any posted speed limit which is less than 20 mph.
(D) All off-road vehicles must have liability insurance for operation upon public roadways, and have proof of such insurance in the vehicles or on the person of the operator at all times during the operation of the off-road vehicle in the town.
(E) Any and all owners and/or operators of an off-road vehicle, by registering a vehicle or by operation of said vehicle, thereby agree, consent and understand that they are responsible to follow and obey all laws, statutes and ordinances of the United States, the State of Indiana, and the Town of Argos. All owners and/or operators shall acknowledge on the application described above that it is their responsibility to know, understand, be familiar with and follow all applicable laws, statutes and ordinances, regardless of whether or not they are set forth in this section.
(F) An off road vehicle must carry no more passengers than recommended and permitted by the manufacturer of the vehicle during operation. The operator and all passengers must be seated at all times during operation of the vehicle.
(G) No off-road vehicle shall be allowed in any area of town designated as a walking trail in a park area without the prior written approval of the Park Department.
(H) Exceptions to the registration requirements may be made by written request to the Argos Town Council regarding the provisions of this section. Such written request shall set forth exception requested, and the reasons for such exception, and shall state why the Town Council should allow an exception to any of the terms or provisions of this section. The Town Council shall have the authority to grant or deny any such exceptions following the receipt of such a written request and the personal appearance of the person making such request at a Town Council meeting.
(I) A law enforcement officer of the town may authorize use of an off-road vehicle on the public highways, streets, and rights-of-way within the officer's jurisdiction during emergencies when conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.
(J) Any use of electronic devices that possess a visual screen, interactive screen or keypad that present any sort of audio/visual output is prohibited for use while in operation of any off-road vehicle.
(K) Any owner and/or operator violating any of the provisions of this section shall be subject to the penalties specified in § 70.99 of the Argos Code of Ordinances, along with any additional applicable state and Federal statutes.
(Ord. 2019-6, passed 5-1-2019)