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(A) No person in a park or on public lands belonging to the town shall:
(1) Fail to comply with all applicable provisions of the state motor vehicle laws with regard to equipment and operation of a vehicle, together with such regulations as are contained in this chapter and other ordinances.
(2) Operate a motor vehicle in parks or on public lands of the town except where there is a road.
(3) Operate a motor vehicle on any road located in any park or public lands of the town unless:
(a) The operator of a motor vehicle has a valid driver's license if the vehicle by law requires an operator's license.
(b) The operation occurs during the times the parks or public lands are open to the public. The hours of operation shall be determined by the Board of Directors of the Department of Parks and Recreation or any designated agency of the town. Operation of a motor vehicle in any park or on any public lands of the town after the parks and public lands are closed to the public for the day shall be deemed a violation of this section.
(B) The parks and public lands are not to be used for any type of motorized recreation at any time. To do so shall be deemed a violation of this section.
(C) No person shall ride, drive, or operate a motor vehicle in the parks or on public lands of the town at a speed in excess of 15 miles per hour.
(Ord. 91-3-1, passed 12-2-91; Am. Ord. 07-2023, passed 9-5-23) Penalty, see § 91.99
(A) The Fish Creek Trail will be closed from dusk to dawn.
(B) Users of the Trail shall remain on the trail property and are prohibited from entering adjacent properties, which is considered trespass and subjects the individual to liability.
(C) Climbing on trees is prohibited.
(D) Swimming, wading, or any other entry into the waters of Fish Creek is prohibited.
(E) Hunting of all types is prohibited.
(F) The damage to, defacement of or destruction of any of the components of Fish Creek Trail is prohibited and is hereby declared an infraction.
(G) Motorized vehicles, except authorized emergency vehicles and maintenance vehicles, are prohibited.
(H) Horses are prohibited.
(I) The use and possession of alcohol, illegal substances, smoking products, vaping products, fires, or fireworks on Fish Creek Trail property is prohibited.
(J) Camping is prohibited, including the pitching of tents and building of fires.
(K) No trees shall be harvested or trimmed within the area composing the Fish Creek Trail Project unless specific permission is given by the Hamilton Town Council with the advice of the Hamilton Park Board.
(L) No field tile shall be located under, along and through the area comprising the Fish Creek Trail Project except with specific permission from the Hamilton Town Council with the advice of the Hamilton Park Board, and in the event permission for tiling is given, tiling shall be restricted to a solid tile and located in a specific easement as granted by the town. The permission that must be obtained from the town is in addition to any other permits or authorizations required from Steuben County and the State of Indiana and any agencies thereof.
(M) Signs shall be posted at the Bellefountain Road and Ball Lake Road entrances to the trail and trailhead rule signs shall be posted at various locations along the trail.
(N) This chapter shall be enforced by the Town of Hamilton and the County of Steuben.
(Ord. 2002-01, passed 4-15-02; Am. Ord. 07-2023, passed 9-5-23) Penalty, see § 91.99
(A) Any person violating any of the provisions of this chapter for which another penalty is not specifically provided shall be punished as set forth in § 10.99.
(B) A violation of § 91.04 shall be declared a crime and will be punishable by a fine prescribed by § 10.99, plus court costs. The fine may not be suspended. In addition, any person convicted of violating any provision of § 91.04 shall pay for any damage done to town property that is associated with the violation. The damage shall include the costs of time, labor, equipment and materials needed to repair any damage.
(C) Any violation of § 91.06 shall be punishable by a fine of $50.
(Ord. 91-3-1, passed 12-2-91; Am. Ord. 2002-01, passed 4-15-02; Am. Ord. 07-2023, passed 9-5-23)