(A) (1) Every person riding a moped on a roadway in the city shall be subject to all of the duties applicable to the operator of a vehicle by the laws of this state declaring sections of the road applicable to vehicles or by the traffic ordinances of the city applicable to the driver of a vehicle, in addition to special regulations in this subchapter and except as to those provisions of laws and ordinances, which by their nature can have no application.
(2) Any person disobeying the traffic control devices or signs, or violating state statutes while operating a moped shall receive a citation for an infraction.
(B) A moped may not be operated:
(1) By a person less than 15 years of age;
(2) By a person who has not obtained a state-issued identification card, learner’s permit, operator’s license, chauffeur’s license or a public passenger chauffeurs’s license;
(3) On an interstate highway or a sidewalk; or
(4) At a speed greater than 25 mph.
(C) (1) A police officer having probable cause to believe a person has violated division (B)(1) or (B)(2) above may immediately impound the moped as evidence.
(2) If no action has been filed in court to enforce the violation of this section, or if there is proof that the fine has been paid, or unless proof is provided that no violation has occurred, the Police Department shall allow the owner to retrieve the moped bicycle within 45 days of its seizure.
(3) The Police Department shall also allow the owner to retrieve the moped bicycle if accompanied by the legal guardian in the case of an underage operator.
(Prior Code, § 76.03) (Ord. G-12-08, passed 3-27-2012) Penalty, see § 73.99
Statutory reference:
Related provisions, see I.C. 9-21-11-12