§ 73.01  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   GOLF CART. A four-wheeled motor vehicle originally and specifically designed and intended to transport one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.
   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 multi-wheel drive or low pressure tire vehicle;
         (b)   An amphibious machine;
         (c)   A ground effect air cushion vehicle;
         (d)   An all-terrain vehicle as defined in I.C. 14-8-2-5.7;
         (e)   A recreational off-highway vehicle as defined in I.C. 14-8-2-233.5; and/or
         (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 by I.C. 14-8-2-261;
         (e)   A registered aircraft;
         (f)   Any other vehicle properly registered by the Bureau of Motor Vehicles;
         (g)   Any watercraft that is registered under state statutes; and/or
         (h)   A golf cart vehicle.
   RECREATIONAL OFF-ROAD VEHICLE. A motorized, off-highway vehicle that:
      (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.
   SIDE BY SIDE. A recreational off-road vehicle, as that term is defined herein, that has factory installed, side by side seating for no less than two and no more than six occupants and includes all of the following:
      (1)   A steering wheel;
      (2)   Non-straddle seating;
      (3)   Foot controls for throttle and braking (or adapted throttle and braking controls for use, uniquely, by handicapped operators); and
      (4)   Factory installed passenger restraints.
   STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel. The term includes an alley in a city or town.
(I.C. 9-13-2-175)
(Ord. 2017-1, passed 2-6-2017)