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§ 75.01 ENACTMENT.
   This chapter is enacted pursuant to I.C. Title 36.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010)
§ 75.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   HORSE-DRAWN TRAILER. A wagon or trailer, which itself is pulled behind or attached as a supplemental vehicle to horse-drawn vehicle. The term HORSE-DRAWN TRAILER does not include horse-drawn agricultural implements.
   HORSE-DRAWN VEHICLE. A buggy, carriage, dray or wagon designed or intended to use one or more horses as motive power. The term does not include horse-drawn agricultural implements.
   OWNER OF A HORSE-DRAWN VEHICLE OR HORSE-DRAWN TRAILER. Any individual, firm, corporation, company, partnership, association or other entity that, for a period of at least 30 days in any calendar year, owns, rents, leases or has exclusive use of a horse-drawn vehicle or a horse-drawn trailer.
   RESIDENT OF ELKHART COUNTY, INDIANA. A person who has his or her principal place of residence in Elkhart County, Indiana, or who owns or operates a business within Elkhart County.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010)
§ 75.03 ANNUAL FEE FOR HORSE-DRAWN VEHICLES.
   (A)   There is hereby imposed upon each resident of the county who is the owner of a horse-drawn vehicle, which horse-drawn vehicle is used upon the highways or roads of the county, an annual license fee in the sum of $100. The annual license fee of $100 shall apply to each horse-drawn vehicle for the owner thereof. By way of example, a county resident who is the owner of four horse-drawn vehicles used upon the highways or roads of the county shall be charged an annual license fee in the sum of $100 for each vehicle, for a total of $400 for the four horse-drawn vehicles.
   (B)   Each county resident who owns a horse-drawn vehicle used upon the highways or roads of the county shall pay the license fee attributable to the horse-drawn vehicle or vehicles as set forth by this chapter to the County Treasurer. The required license fee or fees required under this chapter shall be paid after January 1 and before May 15 of each year. Upon payment of the license fee, the owner of a horse-drawn vehicle shall receive a numbered metallic tag bearing the legend “Elkhart County, Indiana,” the year of issue and a consecutive number. With respect to subsequent renewal years for a horse-drawn vehicle previously licensed under this chapter, the owner of a horse-drawn vehicle may receive a self-adhesive label tag bearing the year of issue. The form of the plate shall be with a color scheme providing for a white or light background and black or dark numerals and legends. The owner shall thereafter affix the numbered metallic tag to the horse-drawn vehicle and keep and reserve the metallic tag on the vehicle so long as the metallic tag is effective and has not expired. With respect to subsequent renewal years for a horse-drawn vehicle previously licensed under this chapter for which a self-adhesive label tag was received, the owner shall thereafter affix the self-adhesive label tag to the existing numbered metallic tag.
   (C)   Each numbered metallic tag shall be valid from January 1 to May 15 of the following year for a maximum of 16.5 months only, and all numbered metallic tags shall expire at midnight on May 15 of the year following the date stamped on the numbered metallic tag; provided, however, the expiration date shall be extended an additional year for a horse-drawn vehicle properly licensed under this chapter for which a self-adhesive label tag was received and which is affixed to the metallic tag. Only one metallic tag provided by this chapter may be attached to any horse-drawn vehicle at any time.
   (D)   At time of collection of the annual license fee, and the issuance of the number of metallic tags or self-adhesive label tags for subsequent renewal years aforedescribed, a registration receipt shall be issued for each numbered metallic tag or self-adhesive label tag so purchased. The registration receipt shall be countersigned by the owner of the horse-drawn vehicle. The registration receipt shall be carried in or on the horse-drawn vehicle at all times of operation upon the highways or roads of the county.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010; Ord. CO-2021-38, passed 12-6-2021)
§ 75.04 ANNUAL FEE FOR HORSE-DRAWN TRAILERS.
   (A)   There is hereby imposed upon each resident of the county, who is the owner of a horse-drawn trailer, which horse-drawn trailer is used upon the highways or roads of the county, an annual license fee in the sum of $50. The annual license fee of $50 shall apply to each horse-drawn trailer for the owner thereof. By way of example, a county resident who is the owner of four horse-drawn trailers used upon the highways or roads of the county shall be charged an annual license fee of $50 for each trailer, for a total of $200 for the four horse-drawn trailers.
   (B)   Each county resident who owns a horse-drawn trailer used upon the highways or roads of the county shall pay the license fee attributable to a horse-drawn trailer as set forth by this chapter to the County Treasurer. The required license fee or fees required under this chapter shall be paid after January 1 and before May 15 of each year. Upon payment of the license fee, each owner of a horse-drawn trailer shall receive a numbered metallic tag bearing the legend “Elkhart County, Indiana,” the year of issuance and a consecutive number. With respect to subsequent renewal years for a horse-drawn trailer previously licensed under this chapter, the owner of a horse-drawn trailer may receive a self-adhesive label tag bearing the year of issue. The form of the plate shall be with a color scheme providing for a white or light background and black or dark numerals and legends. The owner shall thereafter affix the numbered metallic tag to the horse-drawn trailer and keep and preserve the metallic tag on the horse-drawn trailer so long as the metallic tag is effective and has not expired. With respect to subsequent renewal years for a horse-drawn trailer previously licensed under this chapter for which a self-adhesive label tag was received, the owner shall thereafter affix the self-adhesive label tag to the existing numbered metallic tag.
   (C)   Each numbered metallic tag shall be valid from January 1 to May 15 of the following year for a maximum period of 16.5 months only, and all numbered metallic tags shall expire at midnight on May 15 of the year following the date stamped on the numbered metallic tag; provided, however, the expiration date shall be extended an additional year for a horse-drawn trailer properly licensed under this chapter for which a self-adhesive label tag was received and which is affixed to the metallic tag. Only one metallic tag provided by this section may be attached to any horse-drawn trailer at any time.
   (D)   At time of collection of the annual license fee, and the issuance of the number of metallic tags or self-adhesive label tags for subsequent renewal years aforedescribed, a registration receipt shall be issued for each numbered metallic tag or self-adhesive label tag so purchased. The registration receipt shall be countersigned by the owner of the horse-drawn trailer. The registration receipt shall be carried in or on the horse-drawn trailer at all times of operation upon the highways or roads of the county.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010; Ord. CO-2021-38, passed 12-6-2021)
§ 75.05 UNLAWFUL.
   (A)   It shall be unlawful for any person to use or operate a horse-drawn vehicle and/or a horse-drawn trailer, the owner of which vehicle and/or trailer is a resident of the county, upon a public highway or road in the county unless the metallic tag required by this chapter is attached to the vehicle and/or trailer for which the license fee required has in fact been paid.
   (B)   It shall be unlawful for any person to use or operate a horse-drawn vehicle and/or horse-drawn trailer, the owner of which vehicle and/or trailer is a resident of the county, upon a public highway or road in the county with an expired metallic tag required by this chapter.
   (C)   It shall be unlawful for any person to transfer the numbered metallic tags required by this chapter from one horse-drawn vehicle and/or horse-drawn trailer to another horse-drawn vehicle and/or trailer, or from one owner to another owner.
   (D)   It shall be unlawful for any person to operate upon a public highway or road in the county a horse-drawn vehicle and/or horse-drawn trailer, the owner of which vehicle and/or trailer is a resident of the county, unless the registration receipt required by this chapter is in the possession of the operator or contained on or within the vehicle and/or trailer.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010; Ord. CO-2021-38, passed 12-6-2021) Penalty, see § 75.99
§ 75.06 NONRESIDENTS.
   Nothing contained in this chapter shall levy a license fee on or require the registration of a horse-drawn vehicle or a horse-drawn trailer owned by a nonresident of the county, even if the vehicle or trailer is from time to time used or operated upon the public highways or roads of the county.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010; Ord. CO-2021-38, passed 12-6-2021)
§ 75.07 ENFORCEMENT.
   It shall be the duty of the County Sheriff's Office to enforce this chapter, and any duly qualified and acting law enforcement officer serving in the county may enforce the terms of this chapter. Procedures for court appearances shall be in accordance with I.C. 9-30-3-6, as amended. Proceedings for ordinance violation enforcement shall be in accordance with I.C. 34-28-5, as amended.
(Prior Code, § 8-17-15-1) (Res. passed 10-10-1955, 27 COM REC 361; Ord. 83-681, passed 12-27-1983, 83 COM REC 681–685; Ord. 86-935, passed 11-17-1986, 86 COM REC 934–936; Ord. 89-350, passed 4-3-1989, 89 COM REC 349–351; Ord. 94-118, passed 2-14-1994, 94 COM REC 117–122; Ord. 95-107, passed 2-6-1995, 95 COM REC 106A–114; Ord. 03-409, passed 9-15-2003, 2003 COM REC 408–414; Ord. 05-765, passed 12-19-2005, 2005 COM REC 764A–771; Ord. 09-37, passed 2-2-2009; Ord. 2010-420, passed 12-20-2010; Ord. CO-2021-38, passed 12-6-2021)
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