(A) Subject to the regulations contained within this section, and all other applicable state and local laws, off-road vehicles (as defined by I.C. 14-8-2-185), snowmobiles (as defined by I.C. 14-8-2-261) and golf carts (as defined by I.C. 9-13-2-69.7) are hereby permitted to operate on the roads and highways that are under the jurisdiction of the Wayne County Board of Commissioners. This section does not apply to roads and highways within the state highway system or those roads and highways within the corporation boundaries of cities and towns within Wayne County.
(B) Owners of the vehicles described herein and regulated hereby shall register the off-road vehicle or snowmobile in compliance with I.C. 9-18.1-14-1; I.C. 9-18.1-14-3; I.C. 9-18.1-14-4; I.C. 9-18.1-14-5; and I.C. 9-18.1-14-32.
(C) Owners of the vehicles described herein and regulated hereby shall comply with I.C. 14-16-1-1 et seq., as applicable.
(D) A person under the age of 18 years old shall comply with I.C. 9-18.1-14-11 (Youth Helmet Law) while riding or operating an off-road vehicle.
(E) Any person who operates an off-road vehicle, snowmobile or golf cart upon the roads and highways that are under the jurisdiction of the Wayne County Board of Commissioners, shall possess a valid Indiana driver license.
(F) An operator of an off-road vehicle, snowmobile or golf cart shall have evidence of in place and valid liability insurance issued by an insurance underwriter authorized to issue insurance in the state of Indiana in an amount equal to or greater than the insurance requirements set forth in I.C. 9-25-4-5 whenever the off-road vehicle, snowmobile or golf cart is operated upon the roads and highways under the jurisdiction of the Wayne County Board of Commissioners.
(G) No passengers are permitted on single seat off-road vehicles. The number of passengers permitted at any time to simultaneously occupy an off-road vehicles, snowmobiles and golf carts is limited to the number of manufacturer-installed passenger seats on the vehicle.
(H) An operator of an off-road vehicle, snowmobile or golf cart is permitted to cross a highway in the state highway system, at right angles, in order to travel from one highway under the jurisdiction of the county to another highway under the jurisdiction of the county when the operation can be done safely.
(I) An off-road vehicle, snowmobile and golf cart may not be operated between sunset and sunrise without at least one operable headlight and one operable taillight.
(J) Golf carts must have a "Slow Moving Vehicle" sign pursuant to the authority granted under I.C. 9-21-9-0.5 and I.C. 9-21-9-2, if the golf cart is operated at less then 25 miles per hour.
(K) Off-road vehicles, snowmobiles and golf carts must travel in single file when operated upon road and highways under the jurisdiction of the Wayne County Board of Commissioners.
(L) Any law enforcement agency, including but not limited to: the Wayne County Sheriffs Department, the Indiana State Police, Indiana Conservation officers and Wayne County municipal police officers may enforce this section.
(M) Should any provision of this section be declared, by a court of jurisdiction, to be invalid, such decision shall not affect the validity or impair the enforcement of the remaining provisions of this section, or any portion thereof.
(N) Penalties for a violation of this section are fines up to but not exceeding the following amounts:
(1) Violation of first offense shall be $100.
(2) Violation of second and subsequent offenses shall be $250.
(O) Three or more violations of this section by a single operator occurring within a 12- month period shall constitute grounds for the withdrawal of the registrations of any vehicles covered by this section owned by that operator, subject to the owner's right to appeal such registration withdrawal to the Wayne County Board of County Commissioners.
(Ord. 2019-010, passed 8-7-2019)