(A) All operators of off-road vehicles under the terms of this chapter shall be subject to all other county traffic ordinances, in addition to the rules of the road as set forth in state traffic regulations and statutes.
(B) A person who operates an off-road vehicle in areas not authorized by this chapter or who does not comply with any requirements of the foregoing provisions may be issued a citation for chapter violation by any law enforcement officer of the state. Thereafter, the following enforcement procedures shall apply.
(1) Such citation shall be filed in a Clark Circuit or Superior Court and the person cited shall be required to appear for an initial hearing and advisement of the nature of the ordinance violation charged.
(2) Thereafter, the court may schedule such pre-trial conferences or trial as the court shall determine.
(3) At any trial, the citation shall be civilly prosecuted as an ordinance violation, and not as a crime, by an attorney designated by the Board of Commissioners for such duties.
(4) Upon the county’s attorney proving a violation of the ordinance by a preponderance of evidence, the person cited shall pay a judgment in an amount not less than $100, nor more than $500, plus costs of the action and attorney’s fees incurred by county for legal services to prosecute the action.
(C) Monies collected under the terms hereof shall be directed to the Office of the Auditor of the county to be managed and used as determined by the Board in a separate ordinance creating the “Off-Road Vehicle Fund of Clark County, Indiana”.
(D) The term of this chapter shall be until May 20, 2008 to complete the pilot program authorized hereby. Prior to that time, the Sheriff of the county is requested to issue a written report of comments and recommendations as to whether this Board should extend this program for future years.
(E) Notwithstanding any other provision hereof, this Board retains exclusive jurisdiction to amend, rescind or revoke this chapter at any time for any reason during the one-year term hereof.
(Ord. 7-2007, passed 5-17-2007)