For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terms of this chapter, unless defined or otherwise apparent from the context in which they are used, shall be construed in terms of their plain and ordinary meaning. Masculine terms shall be construed so as to include the feminine and singular terms shall include the plural.
ALL-TERRAIN VEHICLE.
(1) A motorized, off-highway vehicle that:
(a) Is 50 inches or less in width;
(b) Has a dry weight of 1,200 pounds or less;
(c) Is designed for travel on at least three non-highway or off-highway tires;
(d) Is designed for recreational use by one or more individuals;
(e) Has a seat or saddle designed to be straddled by the operator; and
(f) Has handlebars for steering control.
(2) The term includes parts, equipment, or attachments sold with the vehicle.
COUNTY HIGHWAY. Any public way for vehicular traffic, including the area within the right-of-way located within the unincorporated areas of Morgan County and not maintained or owned by the State of Indiana or the United States. A public way means the entire width between the boundary lines of a way:
(1) That is publicly maintained; and
(2) When any part of the way is open to the use of the public for purposes of vehicular travel.
DEPARTMENT. The Indiana Department of Natural Resources.
OFF-ROAD VEHICLE.
(1) A motor driven vehicle capable of cross-country travel:
(a) Without benefit of a road; and
(b) On or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
(2) The term includes the following:
(a) A multiwheel drive or low pressure tire vehicle;
(b) An amphibious machine;
(c) A ground effect air cushion vehicle;
(d) An all-terrain vehicle (as defined herein);
(e) A recreational off-highway vehicle (as defined herein); and
(f) Other means of transportation deriving motive power from a source other than muscle or wind.
(3) The term does not include the following:
(a) A farm vehicle being used for farming, including, but not limited to, a farm wagon (as defined in I.C. 9-13-2-60(a)(2));
(b) A vehicle used for military or law enforcement purposes;
(c) A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function, including, but not limited to, a farm wagon (as defined in I.C. 9-13-2-60(a)(3));
(d) A snowmobile (as defined herein);
(e) A registered aircraft;
(f) Any other vehicle properly registered by the Bureau of Motor Vehicles;
(g) Any watercraft that is registered under Indiana statutes; and
(h) A golf cart vehicle.
OPERATE. To:
(1) Ride in or on; and
(2) Be in actual physical control of the operation of a vehicle.
OPERATOR. An individual who:
(1) Operates; or
(2) Is in actual physical control of an off-road vehicle or a snowmobile.
OWNER. A person, other than a lienholder, who:
(1) Has the property in or title to; and
(2) Is entitled to the use or possession of; an off-road vehicle or a snowmobile.
RECREATIONAL OFF-ROAD VEHICLE. A motorized, off-highway vehicle that:
(1) Is 64 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;
(4) Is designed for recreational use by one or more individuals;
(5) Has a nonstraddle seat or saddle; and
(6) Has a steering wheel for steering control.
SNOWMOBILE. A motor driven vehicle:
(1) Designed for travel primarily on snow or ice; and
(2) Of a type that uses:
(a) Sled type runners or skis;
(b) An endless belt tread; or
(c) Any combination of these or other similar means of contact with the surface upon which the vehicle is operated.
(Ord. 2012-6-1-15, passed 12-17-2012)