For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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; and
(d) Is designed for recreational use by one or more individuals.
(2) The term includes parts, equipment or attachments sold with the vehicle.
BUREAU. The Indiana Bureau of Motor Vehicles
COUNTY HIGHWAY. Any public way for vehicular traffic, including the area within the right-of-way located within the unincorporated areas of the county and is not maintained or owned by the state or the United States. Nothing in this subchapter permits the operation of off-road vehicles within the limit of the Town of Spencer or any other incorporated area in the county. 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 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 herein);
(e) A RECREATIONAL OFF-HIGHWAY VEHICLE (as defined herein);
(f) Other means of transportation deriving motive power from a source other than muscle or wind; or
(g) SNOWMOBILE (as defined herein).
(3) The term does not include the following:
(a) A farm vehicle being used for farming, included but not limited to, a farm wagon (as defined in I.C. 9-13-2-60(2));
(b) A vehicle used for military or law enforcement purposes;
(c) A construction, mining, or other industrial related vehicle used in the performance of the vehicle’s common function, including, but not limited to, a farm wagon (as defined in I.C. 9-13-2-60(2));
(d) A registered aircraft;
(e) Any other vehicle property registered by the Bureau of Motor Vehicles;
(f) Any watercraft that is registered under state statutes; or
(g) A golf cart.
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 the 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 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.
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 or tread; or
(c) Any combination of these or other similar means of contact with the surface upon which the vehicle is operated.
(BC Ord. 2019-0032, passed 9-16-2019)