§ 71.02  OFF-ROAD VEHICLES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
      AGRICULTURE PURPOSE. Farming, dairying, pasturage, agriculture, horticulture, viticulture, ornamental horticulture, olericulture, pomiculture, animal husbandry, and poultry husbandry, consistent with the definition of AGRICULTURAL PURPOSE set forth in I.C. 14-21-1-24 as now in force and effect, and to include any subsequent alterations or amendments to I.C. 14-21-1-24 dealing with the definitions of AGRICULTURAL PURPOSE.
      BUSINESS PURPOSE. Buying, selling, manufacturing, assembling, developing, hauling or processing of products, supplies, or materials or undertaking, and activities associated therewith in furtherance of a business undertaking, enterprise, or other commercial activity.
      COUNTY NUMBERED ROADS. Roads, rights-of-way, and/or highways owned, controlled, and maintained by the County Board of Commissioners in the unincorporated areas of the county for motor vehicular and other traffic uses which COUNTY NUMBERED ROADS bear an Arabic number or comparable designation, and which COUNTY NUMBERED ROADS were established and/or platted as part of the original platting and/or formation of the county, or subsequent activities related or associated thereto; COUNTY NUMBERED ROADS shall not include roads or streets in platted subdivisions, bicycle or pedestrian paths, recreational trails, or any other rights-of-way, dedicated roadways, or transportation corridors not part of such original platting and formation of the county or activities related thereto.
      DEVELOPMENT PURPOSE. Activities associated with the grading, subdividing, or development of real estate parcels, and the installation of water, sewer, and other utilities, roads, or infrastructure for the benefit of land development.
      GOVERNMENT PURPOSE. The activities of elected officials, government employees, governmental agents, independent contractors serving governmental units, and other persons in furtherance of defined governmental purposes and undertakings.
      OFF-ROAD VEHICLE. As such is defined in I.C. 14-8-2-185, as currently in force and effect, or as from time to time hereafter modified or amended.
      PROFESSIONAL PURPOSE. Activities associated with surveying, soil testing, water testing, or other scientific, architectural, engineering, or environmental undertakings or enterprises.
      TRAVEL PART. The portion of a numbered county road upon which are operated conventional motor vehicles, properly licensed and authorized for such undertakings, which TRAVEL PART shall include traveled areas with paved or concrete surfaces, and conventional graded lanes for gravel roads, in or upon which conventional motor vehicle travel is routinely contemplated and allowed; TRAVEL PART does not include additional portions of the public right-of-way applicable to a numbered county road adjacent to the TRAVEL PART, within which an adjacent portion of the public right-of-way the operation of off-road vehicles is otherwise (as of the date of adoption of this section) governed by the standards and provisions of I.C. 14-16-1-1, et seq.
   (B)   Designation of traveled portion of certain highways for operation of off-road vehicles. Consistent with I.C. 14-16-1-20(a)(3), the County Board of Commissioners hereby specifically designates the traveled part of all county numbered roads in the county highway system outside the corporate limits of a city or town, as permitted, areas upon which an otherwise eligible operator may operate an off-road vehicle, subject to the following limitations.
      (1)   The operation of an off-road vehicle shall be for an agricultural purpose, a business purpose, a professional purpose, a governmental purpose, or a development purpose, or otherwise such operation on a traveled part of a county numbered road is not authorized or permitted by this section.
      (2)   The operation of an off-road vehicle shall only be permitted on the traveled part of the county numbered road if the operator has a designated, or defined, destination point established, and to which such operator shall be proceeding, or from which such operator shall be returning, for such operation to be authorized or permitted by this section.
   (C)   Other standards to apply. All other terms, provisions, standards, and requirements of I.C. 14-16-1-1 through 30, pertaining to the operation of an off-road vehicle, shall, in all respects, apply as, and to the operation of, an off-road vehicle on a traveled part of a county numbered road designated by division (B)(2) above.
   (D)   Registration. All off-road vehicles must be registered with the BMV, pursuant to I.C. 9-18.1-14.
   (E)   Violations. Violation of the provisions of I.C. 14-16-1-1 through 30, or violation of the provisions of this section, by any person operating an off-road vehicle upon the county highway system outside the corporate limits of any city or town within the county, shall be subject to the sanctions and penalties set forth in I.C. 14-16-1-29.
(Ord. passed 9-6-2016)  Penalty, see § 71.99