(A) Definitions. As used in this section, these terms shall have the following meanings.
OFF-ROAD VEHICLE. A motor-driven vehicle capable of cross-county 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 deriving motor power from a source other than muscle or wind. It does not include a farm vehicle being used for farming or a vehicle used for military or law enforcement purposes, a construction, mining, or industrial-related vehicle used in the performance of its common function, a snowmobile, or a registered aircraft. Nor does not include any other vehicle properly registered by the Indiana Bureau of Motor Vehicles or any watercraft registered pursuant to Indiana statutes.
OPERATE. To ride in or on and to be in actual physical control of the operation of an off-road vehicle.
OPERATOR. Any person at least 18 years old, holding a valid Indiana driver’s license to operate a motor vehicle, or holding a valid license from another state to operate a motor vehicle.
STREET. The entire width between the boundary lines of every street or alley maintained by and within the jurisdiction of the city, when any part thereof is open to the use of the pubic for vehicular travel. Nothing in this section permits the operation of off-road vehicles on any county road of state highway.
(B) Purposes. The purpose of this section is to:
(1) Authorize persons a holding valid Indiana driver’s license (or a valid motor vehicle license from another state) to operate off-road vehicles registered with the Indiana Department of Natural Resources over and upon city streets.
(2) Establish rules and regulations for the operation of off-road vehicles on city streets; and
(3) Promote the safety of persons and property, the responsible enjoyment in and connected with the use and operation of off-road vehicles, and understanding consistent with the rights of all citizens of this city.
(C) Persons authorized to operate off-road vehicles on city streets.
(1) All persons at least 18 years old who hold a valid motor vehicle driver’s license are hereby authorized to operate an off-road vehicle over and upon city streets, under the conditions set forth in this section, and solely for the purpose of reaching a predetermined destination.
(2) No person shall operate an off-road vehicle on any city street without a valid motor vehicle driver’s license.
(D) Insurance.
(1) Any person who operates an off-road vehicle over and upon city streets shall maintain recreational vehicle liability insurance in the minimum amounts of $100,000 per person, and $300,000 per occurrence, insuring against injury to persons and damage done to property arising from the use and operation of an off-road vehicle upon city streets.
(2) Any person who operates an off-road vehicle over and upon city streets shall carry proof of such insurance on his or her person at all times when operating an off-road vehicle on city streets.
(E) Registration/compliance with state law. An off-road vehicle shall not be operated on a city street unless it is duly registered with the Indiana Department of Natural Resources, and meets all the requirements and standards and regulations set forth in I.C. 14-16-1-1 et seq.
(F) Restrictions on operation. A person shall not operate an off-road vehicle:
(1) At a rate of speed greater than is reasonable and proper, having due regard for conditions then existing;
(2) While under the influence of intoxicating liquor or unlawfully under the influence of a narcotic or other habit-forming or dangerous depressant or stimulant drug;
(3) During the hours from one-half hour after sunset to one-half hour before sunrise, without displaying a lighted headlight and a lighted tail-light.
(4) On or across a cemetery or burial ground;
(5) On a railroad track or railroad right-of-way, except for limited railroad personnel in performance of their duties;
(6) In a forest nursery, a planting area, or public land posted or reasonably identified as an area of forest or plant reproduction, when growing stock may be damaged;
(7) On the frozen surface of public waters located within the city;
(8) Unless the vehicle is equipped with a muffler in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke;
(9) Within 100 feet of a dwelling between midnight and 6:00 a.m., except on the individual’s own property, on property under the individual’s control, or as an invited guest;
(10) On any property without the consent of the landowner;
(11) While transporting on or in the vehicle a firearm, unless the firearm is unloaded and securely encased or equipped with, and made inoperative by, a manufactured, key-locked, trigger-housing mechanism;
(12) An individual shall not operate a vehicle while a bow is present in or on the vehicle, if the nock of an arrow in is in position on the string of the bow.
(G) Operation on city streets. A person shall comply with the following rules when operating an off-road vehicle on a city street.
(1) The operator of an off-road vehicle shall abide by all traffic laws governing the operation of motor vehicles in the state set forth in I.C. Titles 9 and 14.
(2) The operator of an off-road vehicle may not cross or enter upon a city street other than at right angles.
(3) The operator of an off-road vehicle shall bring it to a complete stop before proceeding onto or across a city street, and shall yield the right-of-way to all traffic.
(H) Right to restrict off-road vehicle traffic on designated city streets.
(1) The City Board of Public Works and Safety may restrict the operation of off-road vehicles on any city streets by designating streets as unsuitable for off-road vehicles, and by posting signs on the designated streets.
(2) It shall be a violation of this section to operate an off-road vehicle on any city street so designated and posted.
(Ord. 8-2019-3, passed 9-17-2019) Penalty, see § 70.99