No person shall operate an off-road vehicle on a town highway and/or road system pursuant to I.C. 14-16-1-23 as follows:
(A) An individual shall not operate a vehicle under any of the following conditions:
(1) At a rate of speed greater than is reasonable and proper having due regard for existing conditions or in a manner that unnecessarily endangers the person or property of another;
(2) While:
(a) Under the influence of an alcoholic beverage; and/or
(b) Unlawfully under the influence of a narcotic or other habit forming or dangerous depressant or stimulant drug.
(3) During the hours from 30 minutes after sunset to 30 minutes before sunrise without displaying a lighted headlight and a lighted taillight;
(4) In a forest nursery, a planting area, or public land posted or reasonably identified as an area of forest or plant reproduction and when growing stock may be damaged;
(5) On the frozen surface of public waters within:
(a) One hundred feet of an individual not in or upon a vehicle; or
(b) One hundred feet of a fishing shanty or shelter; except at a speed of not more than five mph.
(6) 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;
(7) Within 100 feet of a dwelling between 12:00 a.m. and 6:00 a.m., except on the individual’s own property or property under the individual’s control or as an invited guest;
(8) On any property without the consent of the landowner or tenant;
(9) While transporting on or in the vehicle a firearm, unless the firearm is:
(a) Unloaded; and
(b) Securely encased or equipped with and made inoperative by a manufactured key locked trigger housing mechanism.
(10) On or across a cemetery or burial ground;
(11) Within 100 feet of a slide, ski, or skating area, except for the purpose of servicing the area;
(12) On a railroad track or railroad right-of-way, except railroad personnel in the performance of duties;
(13) In or upon a flowing river, stream, or creek, except for the purpose of crossing by the shortest possible route, unless the river, stream, or creek is of sufficient water depth to permit movement by flotation of the vehicle at all times;
(14) An individual shall not operate a vehicle while a bow is present in or on the vehicle if the nock of an arrow is in position on the string of the bow; and/or
(15) Under the age of 16.
(B) Division (A)(9) above does not apply to a person who is carrying a firearm:
(1) If:
(a) The firearm is a handgun; and
(b) The person is not otherwise prohibited from possessing a firearm under state or federal law.
(2) If the person carrying the firearm is operating the vehicle on property that the person:
(a) Owns;
(b) Has a contractual interest in;
(c) Otherwise legally possesses; or
(d) Has permission from a person described in divisions (B)(2)(A) through (B)(2)(C) above to possess a firearm on.
(Ord. 2023-02, passed 1-9-2023) Penalty, see § 72.99