(A) Definitions.
(1) As used in this section OFF-ROAD VEHICLE has the definition contained in I.C. 14-8-2-185. It means a motor driven vehicle capable of cross-country travel:
(a) Without benefit of a road or trail; and
(b) On or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
(2) The term OFF-ROAD VEHICLE includes the following:
(a) A multi-wheel drive or low-pressure tire vehicle;
(b) An amphibious machine;
(c) A ground effect air cushion vehicle;
(d) An all-terrain vehicle (as defined in I.C. 14-8-2-5.7);
(e) A recreational off-highway vehicle (as defined in I.C. 14-8-2-223.5); and
(f) Other means of transportation deriving motive from a source other than muscle or wind.
(3) (a) The term OFF-ROAD VEHICLE does not include the following:
1. Any vehicle including an off-road vehicle being used for agricultural purposes;
2. A vehicle being used for military or law enforcement purposes;
3. A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function;
4. A snowmobile;
5. A registered aircraft;
6. Any other vehicle properly registered by the bureau of motor vehicles;
7. Any water craft that is registered under Indiana statutes; or
8. A golf cart vehicle.
(b) In addition, the term does not include any vehicle including an off-road vehicle that is being used by a person suffering from a handicap or disability, if the handicapped or disabled person is using the vehicle as a necessary means of transportation.
(4) As used in this section TOWN STREET or RIGHT-OF-WAY means the entire width between the boundary lines of any way that is publicly maintained by the Town of Darlington and open for purposes of vehicular traffic located anywhere in the Town of Darlington, except federal interstates and highways, state roads and highways, and County Roads.
(B) An individual may operate an off-road vehicle on a town street or right-of-way within the town limits of Darlington only if:
(1) The individual is at least 18 years old;
(2) The individual's driving privileges are not currently suspended by any state;
(3) The individual has proof of liability insurance in at least the minimum amount required by the State of Indiana;
(4) The off-road vehicle is properly registered and displays any plates or decals required by state law; and
(5) The off-road vehicle meets all equipment requirements under state law.
(C) In addition, an individual may operate an off-road vehicle:
(1) As authorized by a law enforcement officer on the town street or right-of-way during emergencies; or
(2) On a town street or right-of-way for a special event if a prearranged schedule has been approved by the appropriate county, city or town law enforcement agency.
(D) Any individual operating an off-road vehicle within the incorporated limits of the Town of Darlington shall operate the vehicle at a reasonable and safe speed and obey all traffic rules of the State of Indiana, Montgomery County, and the Town of Darlington.
(E) This section authorizes the operation of off-road vehicles only within the incorporated limits of the Town of Darlington and its rights-of-way; it does not authorize the operation of an off-road vehicle on any federal interstate or highway, any state roads or highways, any Montgomery County roads, or upon any other property without the owner's consent.
(F) Violation of this section is a Class A infraction. This section shall be enforced in the same manner as other traffic ordinances.
(Ord. 1-2019, passed 1-17-2019)