(A) Prohibition. No person shall operate on any public land or park land of the county, any type of off-road vehicle, including, but not limited to, those operating on fuel, electricity, or solar power.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OFF-ROAD VEHICLES. Includes, but is not limited to:
(a) All-terrain vehicle, as defined by I.C. 14-8-2-5.7;
(b) Dirt bike;
(c) Go-cart;
(d) Golf cart;
(e) Moped;
(f) Motorized cart, as defined by I.C. 14-8-2-169.5;
(g) Motor scooter;
(h) Off-road vehicle as defined by I.C. 14-8-2-185;
(i) Recreational off-road vehicle, as defined by I.C. 14-8-2-233.5;
(j) Scooters;
(k) Snowmobile, as defined by I.C. 14-8-2-261; and
(l) Trail Bike.
(C) Exclusions for law enforcement, emergency and county purposes. Specifically excluded from this section are the following off-road vehicles:
(1) Vehicles of the Lake County Parks and Recreation Department are exempt from the provisions of this section;
(2) Off-road vehicles of the Lake County Sheriff's Department for law enforcement or other valid governmental purposes;
(3) Off-road vehicles of federal, state and valid Lake County political subdivisions, including those of fire departments, for law enforcement or other valid governmental purposes;
(4) Off-road vehicles of third-party emergency providers for medical or other valid emergency purposes;
(5) Off-road vehicles of Lake County for carrying out the functions of county government;
(6) Off-road vehicles of third-parties for purposes of carrying out Lake County Parks and Recreation Department business, including, but not limited to, vendors' and delivery vehicles; and
(7) For Lake County park lands, off-road vehicles with previously obtained written consent of the Lake County Parks and Recreation Department.
(D) Signage. For Lake County park lands, the Parks and Recreation Department shall post signage in each of its parks consistent with this section, including off-road vehicles that have not been prohibited in the park, if any, pursuant to division (C)(1) and for any other Lake County public land the Board of Commissioners shall post signage on each parcel consistent with this section, including off-road vehicles that have not been prohibited on the land, if any, pursuant to division (C)(1).
(E) Enforcement. For Lake County park lands, this section shall not be enforceable until the Parks and Recreation Department has posted the appropriate signage as required by division (D).
(F) Penalties. A person violating any provision of this section shall, upon conviction, be fined not less than $100 and not more than $1,000; and upon conviction of a second or subsequent violation shall be fined not less than $250 and not more than $2,500.
(G) Seizure and impoundment.
(1) Any off-road vehicle violating this section shall be subject to immediate seizure and impoundment.
(2) Any seized and impounded off-road vehicle belonging to a violator under the age of 18 shall be given to the parent(s) or guardian of the minor upon request after a full explanation of the reason for impounding the off-road vehicle and after payment is received for all outstanding citations issued. The county shall give a copy of all rules and regulations prohibiting the off-road vehicles at the time the vehicle is returned to the parent or guardian.
(3) Any seized and impounded off-road vehicle belonging to the violator who is 18 years of age or older shall be given to him or her upon request and receipt of payment for all outstanding citations issued. The county shall give a copy of all rules and regulations prohibiting the use of off-road vehicles at the time the vehicle is returned to the violator.
(4) Penalty separate action. Removal, impounding, and storage of a vehicle, pursuant to this section's provisions, shall in no way supersede, bar, excuse, or prevent a prosecution of any person or in any way relieve him from the penalty prescribed for his violation of this section or any other county ordinance or state law, for the violation of which the vehicle has been removed, impounded, and stored, but remedies and penalties are declared to be distinct and separate as means of enforcing obedience to this section.
(Ord. 1427C, passed 12-11-2018)