For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
All country roads and highways outside of any town or city, except “Restricted Roads”.
(1) For purposes of I.C. 14-16-1, means a motor driven vehicle of at least four wheels 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) does not include a snowmobile, any other vehicle properly registered by the Bureau of Motor Vehicles, any watercraft that is registered under Indiana statutes, or a golf cart vehicle.OPERATOR:
An OPERATOR of an off-road vehicle must be at least 18 years of age and possess a valid driver’s license pursuant to I.C. 14-16-1-20(c).RESTRICTED ROADS.
(1) Those roads and highways in the following described area of the county: Starting the point of beginning, being a point at the southwestern corner of Warrick County, which is a point formed by the intersection of the Ohio River and the western boundary of the county; then running in a northernly direction along the western border of Warrick County to State Road 62; then running east along State Road 62 to State Road 61; then running south along State Road 61 to State Road 66, and then directly south to the Ohio River; then running in a westerly direction along the Ohio River to the Point of Beginning.
(2) Yankeetown Road from the Boonville city limits to State Road 66.
(3) Any road or highway posted by the Board of Commissioners or its designee for non-use by off-road vehicles.
(BC Ord. 2009-04, passed 5-18-09)73.02 USE AND OPERATION ON COUNTY ROADS AND HIGHWAYS.
(A) Operators of off-road vehicles may use ATV roads, as those terms are defined in § 73.01, subject to the terms and conditions of this chapter.
(B) Off-road vehicles may not be operated on restricted roads, except that farmers may operate off- road vehicles, for farm production purposes, on ATV roads or restricted roads.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.9973.03 REGISTRATION REQUIREMENTS.
Off-road vehicles must be registered under I.C. 14-16-1-8, as amended.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.9973.04 HEADLIGHTS, TAILLIGHTS, BRAKES AND PENNANT.
The off-road vehicle must meet those standards of headlights, taillights, and brakes required under I.C. 14-16-1-21. In addition, the off-road vehicle operated on a county roadway or highway pursuant to this chapter must have an orange pennant or flag at least 12 inches but not more than 24 inches long, affixed to a staff or pole measuring at least four feet but not more than 10 feet in height. The pole or staff height shall be measured from the top of the seat.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.9973.05 STATUTORY RESTRICTIONS ON USE.
Nothing in this chapter modifies, alters or changes the restrictions on operation established under I.C. 14-16-1-23.
(BC Ord. 2009-04, passed 5-18-09)73.06 DUTIES IN EVENT OF ACCIDENT.
Nothing in this chapter modifies, alters or changes the duties under I.C. 14-16-1-24 placed on the operator of an off-road vehicle in the event of an accident.
(BC Ord. 2009-04, passed 5-18-09)73.07 LIABILITY INSURANCE.
An operator operating an off-road vehicle on a county highway or roadway shall have liability insurance specifically for such off-road vehicle in accordance with the minimum insurance required for the operation of other motor vehicles on public highways, in the minimum amount of $25,000 per person/$50,000 per accident.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.9973.08 POSSESSION OF REGISTRATION AND CERTIFICATE OF INSURANCE.
Any operator of an off-road vehicle shall carry on his or her person any registration required under I.C. 14-16-1 and the certificate of insurance required under this chapter for the off-road vehicle being operated.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.9973.09 RESTRICTION ON OPERATION BETWEEN 10:00 P.M. AND 6:00 A.M.
In furtherance of the restriction established under I.C. 14-16-1-23(a)(7) prohibiting the operation of off- road vehicles within 100 feet of a dwelling between midnight and 6:00 a.m., an off-road vehicle may not be operated on any county roads or highways, outside the corporate limits of any town or city, between 10:00 p.m. and 6:00 a.m.
(BC Ord. 2009-04, passed 5-18-09)73.10 OTHER LAWS AND REGULATIONS.
Nothing in this chapter modifies, alters or changes the requirements of the operation of vehicles on public roadways in Indiana, and all operators of off-road vehicles must obey and follow all rules and regulations applicable to the operation of vehicles on roadways in Indiana.
(BC Ord. 2009-04, passed 5-18-09)73.11 DISTURBANCE OF ROADWAY.
No person shall operate an off-road vehicle on Warrick County highways in such a manner which causes damage to the roadway or highway or disturbs the surface of the roadway or highway. Any violator of this section, in addition to such penalties set forth in § 73.99 below, shall be responsible for all costs of repair of such damage or disturbance.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.9973.12 EMERGENCIES.
Any county or state law enforcement officer may prohibit operation of an off-road vehicle on a county highway or roadway during emergencies.
(BC Ord. 2009-04, passed 5-18-09)73.13 ENFORCEMENT.
All law enforcement officers in the county shall have the power and it shall be their duty to enforce the provisions of this chapter unless otherwise prevented by state statutes regarding the enforcement of state laws.
(BC Ord. 2009-04, passed 5-18-09)73.99 PENALTY.
(A) Any person who violates any provision of this chapter shall be deemed guilty of a violation and, upon conviction, shall be fined pursuant to the following schedule:
(1) First offense in a calendar year: $50.
(2) Second offense in a calendar year: $100.
(3) Third offense in a calendar year: $150.
(B) Each day that a violation occurs constitutes a separate offense.
(BC Ord. 2009-04, passed 5-18-09)