§ 71.02 ALLOWING FOR CERTAIN UTV SIDE BY SIDE VEHICLE USAGE ON ROADWAYS.
   (A)   Subject to the regulations contained in this section, UTV side by side vehicles, as defined by I.C. 14-8-2-233.5, are hereby allowed on the streets of the town, excluding state highways, subject to the conditions set forth in this section. Four-wheelers are not allowed on the streets of the town.
   (B)   (1)   UTV side by side vehicles must be registered annually with the town by the Avilla Police Department to operate on town streets. To register, each operator must present a VIN, the make and model number of the UTV side by side vehicle, proof of address and contact phone number, proof of insurance, and proof of registration through the Department of Natural Resources, and pay a processing fee in the sum of $35. This processing fee shall be paid annually. Processing fees shall be paid to the town. Each vehicle will be visibly inspected for compliance with all Indiana laws and ordinances. Inspections shall occur at the Avilla Police Department at a date and time to be determined by the Avilla Town Marshall and posted at the Avilla Police Station. Upon registration and inspection, the operator will be provided with a sticker or decal specific to that vehicle. The sticker or decal provided by the Avilla Police Department shall always be displayed prominently on the vehicle while on town streets.
      (2)   All funds received from registration and issuance of license plate shall be deposited into the General Fund for the town and allocated to recoup costs of the UTV license registration process and other public safety projects.
   (C)   UTV side by side vehicles operators must have proof of valid insurance covering his or her vehicle in an amount greater than or equal to the Indiana state automotive insurance minimums, as set forth in I.C. 9-25-4-5, when operated on town streets.
   (D)   All UTV side by side vehicle operators on town streets must comply with the following:
      (1)   The operator must be at least 18 years of age or older and have a valid Indiana operator's license;
      (2)   No passengers are permitted on a single seat UTV side by side vehicle; passengers on all other UTV side by side vehicles are limited to the number of passenger seats on the vehicle. Any passenger under the age of 18 years of age shall wear a safety helmet in accordance Indiana state law;
      (3)   UTV side by side vehicles must have working turn signals, two operating headlights, and one tailbrake light when in operation on town streets;
      (4)   No UTV side by side vehicles are permitted on town streets from midnight to 6:00 a.m.; and
      (5)   UTV side by side vehicles must travel single-file on town streets.
   (E)   Failure to abide by any of the above conditions when a UTV side by side vehicle is in use on town streets shall constitute a violation of this section. Fines and penalties for violations of this section are as follows:
      (1)   First violation: $100;
      (2)   Second violation: $250 and a 60-day suspension from using UTV side by side vehicles on town streets;
      (3)   Third and subsequent violations: $500 fine and a lifetime suspension from using UTV side by side vehicles on town streets;
      (4)   Any conviction for criminal trespass involving UTV side by side vehicle, as defined by I.C. 14-8-2-185 , subsequent to the passage of this section, shall result in an automatic lifetime suspension from the operation of UTV side by side vehicles on town streets;
      (5)   The violation of a 60-day or lifetime suspension shall result in a $1,000 fine for each offense;
      (6)   All fines shall be paid through Town of Avilla or may be contested in court.
      (7)   Court costs, as set by the state schedule, and applicable attorney's fees shall apply to all cases contested in court.
   (F)   Enforcement of this section shall be conducted pursuant to I.C. 34-28-5.
(Ord. 1638-4-22, passed 4-20-2022)