§ 32.02 TOWN VEHICLE POLICY.
   (A)   Scope of policy. This policy is inclusive of all departments, employees and vehicles under the direct administration or control of the Town Council. Police or applicable Fire Department vehicles not owned or leased by the town are excluded from this policy.
   (B)   Vehicle markings. All vehicles owned or leased by the town shall be clearly marked with bilateral markings or decals in a form approved by the Clerk-Treasurer that identifies the vehicle as owned by the town. Vehicles designated as unmarked police vehicles are excluded from this requirement.
   (C)   Eligible employees.
      (1)   Individuals holding the following positions are considered “eligible employees” under this policy and may be granted the possession and use of a take home vehicle: Town Manager, Director of Administration, Director of Public Works, WWTP Superintendent, Water Superintendent, Street Superintendent, Director of Community Development, Director of Engineering, law enforcement officers, and any other official of the town designated by the Town Council. However, with the exception of law enforcement officers, no person shall qualify as an eligible employee under this section unless the employee is a resident of and domiciled in the town or within a 15-mile radius of the town.
      (2)   Only eligible employees who have executed a “Take Home Vehicle Responsibility Form” may be assigned a take home vehicle. No person not a full-time employee of the town may operate any town owned vehicle except for necessary test rides by representatives of an authorized vendor to affect any maintenance or repairs to the vehicle.
   (D)   Use of town vehicles.
      (1)   Each eligible employee assigned a take home vehicle shall use the vehicle to commute to and from work and for all authorized town business.
      (2)   Except for use by law enforcement officers, personal use of town vehicles by any person or employee is prohibited. However, eligible employees may use their assigned vehicle for personal errands during and along their commute to and from work or travel for town business. Additionally, law enforcement officers may use their take home vehicle as permitted by ordinance and Lowell Police Department General Order.
      (3)   All employees shall execute a form approved by the Clerk-Treasurer that shows the accurate beginning and return mileage, date and beginning and ending time of each trip made outside the corporate limits of the town with a town vehicle. A copy of each such form shall be filed with the employees’ immediate supervisor and the original form shall be filed with the Clerk-Treasurer by the next business day after returning to the town from the trip. This reporting requirement shall not apply to police vehicles operated within the State of Indiana in accordance with town ordinance and Lowell Police Department General Order or to any vehicle use that is specifically exempted by the Town Council.
      (4)   An accident or collision occurring with a town vehicle may be cause to limit or eliminate use of a town vehicle by an employee. The occasion of any accident or collision attributable to the fault of an employee may be cause for disciplinary action including, but not limited to, a verbal or written reprimand or dismissal from employment.
      (5)   The transport, use or possession of any amount of alcohol or illegal drugs or substance by an employee or passenger in a town vehicle or the operation of any town vehicle while under the influence of any alcohol, drug, narcotic or intoxicant is strictly forbidden and shall be cause for revocation of all town vehicle privileges or immediate dismissal from employment. No employee shall use or operate any town vehicle or permit any other person to use or operate any town vehicle, for any purpose that may be deemed illegal under any state, federal or local law.
      (6)   Each employee involved in an accident attributable to his or her fault shall reimburse the town 50% of any applicable insurance deductible amount due under the town’s insurance policy and 100% of the deductible for any subsequent accidents thereafter.
      (7)   No employee shall operate any town vehicle without having in his or her possession a valid driver’s license of the category, classification and type required for the operation of the vehicle under Indiana law. Each employee shall immediately report to his or her supervisor and the Clerk-Treasurer any changes in his or her driving record or driving privileges, including, but not limited to, each traffic violation and any suspension, restriction or limitation of his or her driving privileges imposed by any law, rule or regulation.
(Ord. 1997-9, passed 4-28-97; Am. Ord. 1999-10, passed 6-14-99; Am. Ord. 2007-14, passed 6-25-07; Am. Ord. 2021-05, passed 2-22-21)