(A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      HORSE-DRAWN VEHICLE. A buggy, carriage, dray, or wagon designed or intended to use one or more horses as motive power. The term does not include horse-drawn agricultural implements.
      OWNER. Owner of a horse-drawn vehicle includes any individual, firm, corporation, or association that rents, leases, or has exclusive use of a horse-drawn vehicle for a period of at least 30 days in any calendar year.
   (B)   The County Auditor shall make available for sale a numbered metallic tag bearing the legend “Switzerland County, Indiana”, the year of issue, and a consecutive number. The Auditor shall change the coloring scheme each year providing for a white or light background and black or dark numerals and legends.
   (C)   There is imposed upon each horse-drawn vehicle using the highways or roads in the county a license fee in the sum of $25.
   (D)   Each owner of each horse-drawn vehicle shall pay the license fee attributable to horse-drawn vehicles as set forth by this section to the County Auditor, after January 1 and before March 31 of each year and shall receive from the Auditor a numbered metallic tag for each horse-drawn vehicle. The owner shall thereafter permanently affix the numbered metallic tag to such horse-drawn vehicle.
   (E)   Each numbered metallic tag shall be valid from January 1 to March 31 of the following year for a maximum period of 15 months only, and all numbered metallic tags shall expire at midnight on March 31 of the year following the date stamped on said numbered metallic tag.
   (F)   All license fees collected shall be deposited by the Auditor in the County General Fund unless and until the County Council provides by ordinance for the funds collected by the Auditor to be deposited in the County Highway Fund.
   (G)   It shall be unlawful to use or operate a horse-drawn vehicle upon a public highway in the county, unless the metallic tag required by this section is attached to the vehicle.
   (H)   It shall be unlawful to use or operate a horse-drawn vehicle upon a public highway in the county, with an expired metallic tag required by this section.
   (I)   Only one metallic tag required by this section shall be attached to any horse-drawn vehicle at any time.
   (J)   It shall be unlawful to transfer the numbered metallic tag from one horse-drawn vehicle to another horse-drawn vehicle, or from one owner to another.
   (K)   The Auditor shall issue a registration receipt for each numbered metallic tag purchased. The registration receipt shall be counter-signed by the owner of the horse-drawn vehicle. The registration receipt shall be carried in or on the horse-drawn vehicle at all times of operation upon the public highways.
   (L)   It shall be unlawful to operate a horse-drawn vehicle upon a public highway in the county unless the registration is in the possession of the operator or contained within the vehicle.
   (M)   A violation of this section shall be a Class C infraction as defined by the State Code.
   (N)   (1)   It shall be the duty of the County Sheriff’s Department to enforce this section, and any duly qualified and acting law enforcement officer may enforce the terms of this section. Procedures for arrest and court appearances shall be in accordance with I.C. 9 and proceedings for ordinance enforcement shall be in accordance with I.C. 34-28-5 et seq.
      (2)   No part of this section shall be deemed to conflict with the statutes of the state regulating horse-drawn vehicles, but any conflict as far as possible shall be reconciled under the statutory presumptions in I.C. 36.
   (O)   Each provision of this section shall be deemed to be separate from every other section. If any one or more section shall be found to be illegal, unconstitutional, or unenforceable, such findings shall not affect any other section.
   (P)   This section shall take effect May 1, 2008, or as soon thereafter as publication is had according to law.
(Ord. 03-03-08-6, passed 3-3-2008)  Penalty, see § 34.99