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OFF-ROAD VEHICLES
(A) This subchapter adopts and implements the provisions of IC 14-16-1-1 et seq. as amended from time to time, as specifically permitted by the provisions of IC 14-16-1-22 as amended from time to time.
(B) It is the general intent and purpose of the Town Council, in enacting this subchapter, to promote safety for persons and property, responsible enjoyment in and connected with the use and operation of off-road vehicles, and understanding consisting with the rights of all the residents of the town.
(Ord. 637, passed 2-7-94)
As used in this chapter, as amended from time to time, the following terms shall mean as follows, unless the context clearly indicates otherwise:
“DEALER.” Any person engaged in the commercial sale of off-road vehicles or snowmobiles.
“DEPARTMENT.” The Department of Natural Resources (DNR).
“DIRECTOR.” The Director of the State Department of Natural Resources (DNR).
“HIGHWAY,” “STREET” or “RIGHT-OF-WAY.” The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
“OFF-ROAD VEHICLE.” A motor driven vehicle capable of cross country travel, without benefit of a road or trail, on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a multi-wheel drive or low pressure tire vehicle, amphibious machine, ground effect air cushion vehicle or other means of transportation driving motive power from a source other than muscle or wind. It does not include a farm vehicle being used for farming, a vehicle used for military or law enforcement purposes, a construction, mining, or other industrial related vehicle used in performance of its common function, a snowmobile, or a registered aircraft, and does not include for registration any other vehicle properly registered by the State Bureau of Motor Vehicles, and any water craft which is registered pursuant to applicable state statutes.
“OPERATE.” To ride in or on and to be in actual physical control of the operation of an off-road vehicle or snowmobile.
“OPERATOR.” Any person who operates or is in actual physical control of an off-road vehicle or snowmobile.
“OWNER.” Any person, other than a lien-holder, having the property in or title to an off-road vehicle or snowmobile, and entitled to the use or possession thereof.
“PERSON.” An individual, partnership, corporation, the state and any of its agencies or subdivisions, and any body of persons, whether incorporated or not.
“PUBLIC PROPERTY.” Land and waters which are owned or leased and subject to the control of the state, the town or any political subdivisions, or entities thereof.
“SNOWMOBILE.” Any motor driven vehicle designed for travel primarily on snow or ice of a type which utilizes sled type runners or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated.
“VEHICLE.” An off-road vehicle or snowmobile.
(Ord. 637, passed 2-7-94; Am. Ord. 638, passed 2-7-94)
(A) Except as otherwise provided herein, as amended from time to time, no off-road vehicle shall be operated on public property unless registered in accordance with the provisions of this subchapter, as amended from time to time, or IC 14-16-1-1 et seq., as amended from time to time.
(B) Registration is not required for vehicles which are exclusively operated in a special event of limited duration which is conducted according to a prearranged schedule under a permit from the town or governmental unit having jurisdiction.
(C) The required certificate of registration issued by the Department shall accompany the off-road vehicle at all times and shall be available for inspection upon demand by any Enforcement Officer of the town or Police Department, or any other authorized law enforcement officer.
(D) Any owner of an off-road vehicle who has been issued a certificate of registration shall paint on or attach in a permanent manner to each side of the forward half of the vehicle the identification number in block characters of good proportion, not less than three inches in height, reading from left to right, in conformance with the rules and regulations of the Department, applicable state law, and this subchapter, each as amended from time to time.
(E) A person shall not possess or operate a vehicle with an altered, defaced or obliterated vehicle number.
(Ord. 637, passed 2-7-94) Penalty, see § 76.99
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