(A) As defined in I.C. 14-8-2-185, RECREATIONAL OFF-ROAD VEHICLE means a motorized off-road vehicle that is manufactured, advertised or sold as a recreational off-road vehicle and:
(1) Is 65 inches or less in width;
(2) Has a dry weight of 2,000 pounds or less;
(3) Is designed for travel on at least four non-highway or off-highway tires; and
(4) Is designed for recreational use by one or more individuals.
(B) Recreational off-road vehicles, as defined above, shall be permitted to be operated and used on the streets and alleys within the corporate limits of the town.
(C) All-terrain vehicles, as defined in I.C. 14-8-2-5.7 as now enacted, supplemented or amended, shall not be permitted to be operated and used on the streets and alleys within the corporate limits of the town.
(D) Go-carts or any vehicle resembling or similar to a go-cart, whether factory manufactured or home-made, shall not be permitted to be operated and used on the streets and alleys within the corporate limits of the town.
(E) The ownership, use and operation of recreational off-road vehicles shall be done in strict compliance with the provisions of I.C. 14-16-1 et seq., as now enacted, supplemented or amended, and also in strict compliance with all the other provisions of the Indiana Code applicable to the use and operation of recreational off-road vehicles.
(F) Operators of recreational off-road vehicles shall obey all of the rules of the road, traffic regulations of the state and the town.
(G) As required by I.C. 14-16-1-20(c) as now enacted, supplemented or amended, operators of recreational off-road vehicles are required to have a valid motor vehicle driver's license.
(H) All recreational off-road vehicles to be operated on the public streets and alleys shall be registered with the town.
(I) The annual registration is for a period of time from January 1 to December 31 of the same year, at which time the annual registration shall expire. The registration forms are available in the office of the Clerk-Treasurer.
(J) At the time of registration the owner shall present proof of insurance insuring not only the recreational off-road vehicle from property damage but also carrying property damage and personal liability coverage for injury or damage to property of other persons and of personal injury to other persons with a minimum combined single limit of $100,000. Prior to the issuance of the registration by the Clerk-Treasurer, the recreational off-road vehicle shall be inspected by the Town Marshal to insure compliance with the terms of this section.
(K) All provisions of this section shall apply to owner-operated recreational off-road vehicles as well as those leased or rented from a vendor.
(L) Recreational off-road vehicles and go-carts shall not be operated upon any sidewalk within the town.
(M) No person under the age of two years shall be allowed to ride on a recreational off-road vehicle, and all persons under the age of ten years must ride in the front seat of a recreational off-road vehicle.
(N) If the recreational off-road vehicle is equipped with seat belts they shall be used by the operator and any passengers. All children under the age of 18 years are required to wear a helmet on or in any recreational off-road vehicle as provided by Indiana House Enrolled Act 1200 which amended I.C. 9-18.1-14-11 as it currently provides and as amended from time to time.
(O) An recreational off-road vehicle lawfully registered in another city, town or county shall be deemed registered in the town, provided, however, that the other registering agency has an ordinance with the same requirements as this section.
(P) No recreational off-road vehicle shall be operated in inclement weather, such as fog, ice, snow, rain or other weather conditions, when such weather conditions make it unsafe for the driver, passengers or other vehicles or pedestrians.
(Q) Any person operating a recreational off-road vehicle within the town not in compliance with the terms of this section shall be ordered by the Town Marshal or any other law enforcement agency to immediately cease operation until compliance with this section is accomplished.
(R) The Town Council may exempt from the provisions of this section the use of recreational off-road vehicles by safety personnel.
(Ord. 2018-2, passed 3-5-18)