(A) For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
MOPED.
(a) Any two or three wheeled vehicle that is propelled by an internal combustion engine or a battery powered motor, or by both, and, if powered by an internal combustion engine, has the following:
1. An engine rating of not more than two horsepower and a cylinder capacity not exceeding 49 cubic centimeters (49cc);
2. An automatic transmission; and
3. A maximum design speed of no more than 25 mph on a flat surface.
(b) The term SCOOTER shall be interchangeable with the term MOPED. Specifically excluded from the definition of MOPED are the following:
1. Any two- or three-wheeled vehicle exceeding the above specifications and deemed to be a motorcycle required to be registered with and by the state’s Bureau of Motor Vehicles;
2. An electric personal assistive mobility device, presently defined in I.C. 9-13-2-49.3;
3. An off-road vehicle, otherwise known as all-terrain vehicle (ATV), presently defined in I.C. 14-8-2-185, and required to be registered by the Department of Natural Resources under I.C. 4-16-1 or any other applicable state law; and
4. A motorized vehicle manufactured as a child’s toy and that has a top speed of no more than five mph.
POCKET BIKE.
(a) Also referred to a POCKET ROCKET. Any wheeled device ridden by a person or used as transportation, powered or assisted by anyone board power source other than the rider’s own physical efforts that has a handlebar height of 30 inches or less, measured from the highest point of the handlebar, or a seat height of 24 inches or less, as measured from the highest point of the horizontal seat surface actually designed to bear the weight of the rider.
(b) Specifically excluded from the definition of POCKET BIKE are the following:
1. Any two- or three-wheeled vehicle deemed to be a motorcycle to be registered with and by a state’s Bureau of Motor Vehicles;
2. An electric personal assistive mobility device presently defined in I.C. 9-13-2-49.3;
3. An off-road vehicle, otherwise known as all-terrain vehicle (ATV), presently defined in I.C. 14-8-2-185, and required by the Department of Natural Resources under I.C. 14-16-1; and
4. A motorized vehicle manufactured as a child’s toy and that has a top speed of no more than five mph.
ROADWAY. Any highway, road, public way, street or alley and shall include any street designated as a parkway, boulevard, place, avenue or other similar designation, all of which are within the city’s corporate limits.
(B) Terms used in this subchapter not specifically defined shall have the meanings as set forth in the Uniform Act Regulating Traffic on Highways, I.C. 9-13 et seq.
(Prior Code, § 76.01) (Ord. G-12-08, passed 3-27-2012)