§ 71.47  MOTORIZED VEHICLES PROHIBITED FROM USING TRAILS AND SIDEWALKS.
   (A)   Motorized vehicles prohibited from operating, parking, or obstructing the use of public trails or sidewalks within rights-of-way or easements maintained, operated or located within by the city of shall include the following types:
      (1)   Golf cart (or any modified version), as defined in IC 9-13-2-69.7.
      (2)   Motor scooter, as defined in IC 9-13-2-104.1.
      (3)   Motor vehicle, as defined in IC 9-13-2-105.
      (4)   Motorcycle, as defined in IC 9-13-2-108.
      (5)   Off-road vehicle, as defined in IC 9-13-2-117.3.
      (6)   Farm tractor, as defined in IC 9-13-2-56.
      (7)   Farm truck, as defined in IC 9-13-2-58.
      (8)   Farm vehicle loaded with a farm product, as defined in IC 9-13-2-59.
      (9)   Low speed vehicle, as defined in IC 9-13-2-94.5.
      (10)   Bicycle powered with engine or motor.
      (11)   Any motorized piece of equipment or machinery, such as a garden tractor, operated with a two-cycle engine or larger, that is being used for transportation or travel purposes.
   (B)   Also included in this section shall be any vehicle determined by a duly appointed officer of the police department to be operated or parked in a manner detrimental to the safety and well being of pedestrians and bicyclists, and that restricts normal use of a trail or sidewalk.
      (1)   This section shall not restrict use by personal mobility devices, operated in accordance with the needs and requirements of the Americans with Disabilities Act (ADA), from operating on public trails or sidewalks.
      (2)   This section shall not restrict the use of trails by manually powered bicycles.
      (3)   This section shall not restrict any vehicle defined above from crossing a trail or sidewalk while using an existing driveway or entrance to access a private or public property.
      (4)   The use of trails, multi-use paths and walks by publicly owned emergency or maintenance vehicles is not restricted by the section.
      (5)   Provisions of this section may be waived under the provisions of an encroachment permit or an improvement location permit issued by the duly appointed city department and/or the Board of Public Works and Safety.
      (6)   Any person who violates the provisions of this section commits an infraction and may be fined a minimum of $100, or up to an amount and subject to the provisions contained in § 70.99.
   (C)   Enforcement powers granted to the police department shall include the authority to cite parents or legal guardians of a minor or other parties operating a motorized vehicle in violation of this section.
   (D)   The police department is hereby granted the power and authority by this section to seize or impound any motorized vehicle operating in violation of this section.
   (E)   Vehicles specifically exempted by this section, not previously expressly stated, include golf carts and other similar-sized golf course maintenance equipment crossing in the tunnel under Union Chapel Road at Sagamore Golf Course.
   (F)   Violations and prosecution of violations in this section. Any person receiving a notice of violation of this section may appear at the Noblesville City Court (“city court”) and pay the fine indicated on the notice, or deny the violation and contest the matter in the city court, which shall be the proper venue for any such challenge.
      (1)   If a person appears at the city court and denies the violation, the city court shall cause the matter to be docketed with the clerk of the city court.
      (2)   The case shall then proceed according to the rules and procedures of the city court pertaining to ordinance violations.
      (3)   Violators shall, upon conviction, be subject to any penalties listed in this section as well as § 70.99, and will have court costs attached.
(Ord. 49-10-17, passed 11-7-17)