Chapter 10.25
OFF-ROAD VEHICLES AND MOTORIZED BICYCLES
Sections:
Article I. General Provisions
10.25.010 Definitions and interpretation.
10.25.020 Regulations for snowmobiles and off-road vehicles.
Article II. Motorized Bicycles
10.25.030 Traffic regulations for motorized bicycles.
10.25.050 Application for license.
Article I. General Provisions
10.25.010 Definitions and interpretation.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Motorized bicycle” means a two- or three-wheeled vehicle that is propelled by an internal combustion engine or battery powered motor and, if powered by an internal combustion engine, having the following:
(1) An engine rating of no more than two horsepower and a cylinder capacity not exceeding 50 cubic centimeters.
(2) An automatic transmission.
(3) A maximum design speed of not more than 25 miles per hour on a flat surface.
“Off-road vehicle” means a motor driven vehicle capable of cross-country travel:
(1) Without benefit of a road or trail; and
(2) On or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
(3) 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) Other means of transportation deriving motive power from a source other than muscle or wind.
(4) The term does not include the following:
(a) A farm vehicle being used for farming.
(b) A vehicle used for military or law enforcement purposes.
(c) A construction, mining, or other industrial-related vehicle used in performance of the vehicle’s common function.
(d) A snowmobile.
(e) A registered aircraft.
(f) Any other vehicle properly registered by the Bureau of Motor Vehicles.
(g) Any watercraft that is registered under Indiana Statutes.
(h) A golf cart vehicle.
“Operate” means to ride in or on, and to be in actual physical control of the operation of an off-road vehicle.
“Operator” means an individual who operates or is in actual physical control of an off-road vehicle.
“Owner” means, except as otherwise provided by this chapter, when used in reference to an off-road vehicle:
(1) A person who holds the legal title of an off-road vehicle;
(2) A person renting or leasing an off-road vehicle and having exclusive use of the off-road vehicle for more than 30 days; or
(3) If an off-road vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee, or in the event a mortgagor with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession of an off-road vehicle is entitled to possession, the conditional vendee or lessee or mortgagor.
“Pedestrian” means any person afoot.
“Snowmobile” means an off-road vehicle designed for travel primarily on snow or ice, of any type, which utilizes sled type runners or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated.
(B) The provisions of this title, which are not contained in this chapter, shall not apply to this chapter. [Ord. 1399 § 1, 2008. Code 2000 § 73.01].
10.25.020 Regulations for snowmobiles and off-road vehicles.
(A) It shall be unlawful for any person to operate a snowmobile or off-road vehicle under the following circumstances:
(1) On private property of another without the express permission to do so by the owner or occupant of said property.
(2) On public school grounds, park property, playgrounds and recreational areas without express provision or permission to do so by the proper public authority.
(3) On any street or sidewalk within the town; provided, however, that the police department may authorize use of a snowmobile or off-road vehicle on the public streets, highways, and rights-of-way within its jurisdiction during emergencies when conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.
(4) In a manner so as to create loud, unnecessary, or unusual noise so as to disturb or interfere with the reasonable peace and quiet of other persons.
(5) In a careless, reckless, or negligent manner so as to endanger the safety of any person or the property of any other person.
(6) While under the influence of intoxicating liquor, fermented malt beverages, or controlled substances or drugs.
(B) All snowmobiles and off-road vehicles operated within the town shall have the following equipment:
(1) Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cut-out, bypass, or similar device on said vehicle.
(2) Adequate brakes in good working condition and at least one headlight and one taillight.
(3) A safety or so-called “deadman” throttle in operating condition; a “safety or deadman throttle” is defined as a device which when pressure is removed from the accelerator or throttle causes a motor to be disengaged from driving tract.
(C) It is unlawful for the owner or operator of a snowmobile or off-road vehicle to leave or allow said vehicle to be or remain unattended on public property while the motor is running or with the keys for starting the vehicle left in the ignition. [Ord. 1399 § 1, 2008. Code 2000 § 73.02].
Article II. Motorized Bicycles
10.25.030 Traffic regulations for motorized bicycles.
(A) Operators of motorized bicycles on a public highway or public path shall be subject to the provisions of traffic laws of the state and the town applicable to the operation of motor vehicles generally, subject to the special regulations in this section, and excepting those provisions of the traffic laws which by their nature can have no application.
(B) A motorized bicycle shall not be operated by any person under the age of 15 years.
(C) Operators of a motorized bicycle shall obey the directions and instructions of official traffic-control devices and signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(D) Whenever authorized signs are erected indicating that no right or left or U-turns are permitted, no persons operating a motorized bicycle shall disobey the direction of any such sign, except where such person dismounts from the vehicle to make such turn, in which event the person shall obey the regulations applicable to pedestrians.
(E) A person operating a motorized bicycle shall not drive, other than upon the permanent and regular seat attached thereto, nor shall the operator permit any passengers in excess of the number allowed for by the design and number of seats of the vehicle.
(F) No person shall operate a motorized bicycle at a speed greater than is reasonable and prudent under the conditions then existing, and the operator of a motorized bicycle may not exceed the speed of 25 miles per hour or the speed limit, whichever is lesser.
(G) Every person operating a motorized bicycle shall drive as near to the right hand side of the roadway as is possible, and in single file when passing other vehicles, parked or moving, or any other considerable object on the highway.
(H) The operator of a motorized bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles on the roadway close enough to constitute a hazard.
(I) No person operating a motorized bicycle shall attach the same or himself to any vehicle upon a public highway or public path.
(J) No person operating a motorized bicycle shall carry any package, bundle, or article which prevents the operator from keeping both hands upon the handlebars.
(K) Trick riding is prohibited. The hands of the operator of a motorized bicycle shall be on the handlebars at all times, except while in the act of signaling.
(L) No operator of a motorized bicycle shall cause or permit a motorized bicycle to curve side to side.
(M) No person shall park a motorized bicycle in such a manner as to interfere with the normal flow of pedestrian traffic, vehicular parking or vehicular flow of traffic.
(N) The operation of motorized bicycles upon interstate highways and sidewalks is prohibited.
(O) Every motorized bicycle, operated on a public highway, during the period from one-half hour after sunset until one-half hour before sunrise, shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 500 feet to the rear, or a red reflector visible from a distance of 500 feet to the rear.
(P) No person shall ride a motorized bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet or more. A motorized bicycle may not be equipped with and a person may not use upon a motorized bicycle a siren or whistle.
(Q) Every motorized bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, or clean pavement.
(R) Every person operating a motorized bicycle shall employ the use of hand signals in the manner provided by state law for turning or changing lanes if such vehicle is not equipped with a lighted turn signal device.
(S) A person less than 18 years of age who operates or rides a motorized bicycle on a street or highway shall:
(1) Wear protective headgear meeting the minimum standards set by the Indiana Bureau of Motor Vehicles or a helmet that meets standards established by the United States Department of Transportation under 49 CFR 571.218 in effect January 1, 1979; and
(2) Wear protective glasses, goggles or a transparent face shield. [Ord. 1399 § 1, 2008. Code 2000 § 73.15].
10.25.040 License required.
(A) Every motorized bicycle, either owned by a resident of the town, or stored within the town (excepting motorized bicycles held primarily for resale in the ordinary course of business), shall be registered and licensed with the police department within 10 days after becoming the owner of said motorized bicycle, or commencing the storage of said motorized bicycle.
(B) The license shall expire annually on December 31st of the year of registration and issuance of the license. Each motorized bicycle shall be reregistered and relicensed on or before the expiration of any existing license, and the renewal shall be on an annual basis. [Ord. 1399 § 1, 2008. Code 2000 § 73.16].
10.25.050 Application for license.
Every person required to register a motorized bicycle shall complete such registration forms as are adopted from time to time by the police department. [Ord. 1399 § 1, 2008. Code 2000 § 73.17].
10.25.060 Persons eligible.
(A) Any person 15 years of age or older owning a motorized bicycle shall obtain a license for each motorized bicycle from the police department according to the provisions of this code.
(B) No license shall be issued to a person who has not obtained an identification card under IC 9-24, a permit under IC 9-24, an operator’s license under IC 9-24, a chauffeur’s license under IC 9-24, or a public passenger chauffeur’s license under IC 9-24. [Ord. 1399 § 1, 2008. Code 2000 § 73.18].
10.25.070 Fee.
Each person filing an application for registration and issuance of a license for a motorized bicycle shall pay a licensing and local registration fee based upon the age of the operator for each motorized bicycle so registered and licensed as follows:
(A) If the motorized bicycle is to be operated by an operator at least 15 years of age but under 18 years of age, the fee is fixed at $100.00;
(B) If the motorized bicycle is to be operated by an operator at least 18 years of age or more, the fee is fixed at $25.00;
(C) If the motorized bicycle is to be operated by operators from both age groups, the fee is fixed at $100.00. [Ord. 1399 § 1, 2008. Code 2000 § 73.19].
10.25.080 Issuance.
The police department shall issue a motorized bicycle license to each eligible applicant who has completed the registration form and paid the required license fee. The license shall contain the number assigned to the vehicle and the name of the town, subject to HMC 10.25.120. [Ord. 1399 § 1, 2008. Code 2000 § 73.20].
10.25.090 Transfer.
A motorized bicycle license is not transferable. [Ord. 1399 § 1, 2008. Code 2000 § 73.21].
10.25.100 Display.
(A) A motorized bicycle license shall be affixed to and maintained upon the motorized bicycle registered for license and in such position as to be plainly visible from the rear.
(B) A motorized bicycle license shall be distinguished in some fashion so as to conspicuously identify the authorized licensed operator(s) as being at least 15 but under 18 years of age or being at least 18 years of age.
(C) No person shall remove a license from a motorized bicycle during the period for which issued, except upon a transfer of ownership, or when so removed by the police department. Upon the sale or other transfer of a licensed motorized bicycle, the licensee shall remove the license. [Ord. 1399 § 1, 2008. Code 2000 § 73.22].
10.25.110 Records.
The police department shall keep on file a list of registrations of motorized bicycles for official use and the license application shall include the name of the owner, address, telephone number, make of motorized bicycle, type, size, color, and manufacturer serial number, if any. [Ord. 1399 § 1, 2008. Code 2000 § 73.23].
10.25.120 Violations.
(A) No parent or guardian shall authorize or knowingly permit his or her child or ward to violate any of the provisions of this chapter relating to motorized bicycles.
(B) It shall be a violation for an operator who is at least 15 years of age but under 18 years of age to be operating a motorized bicycle licensed for an operator who is at least 18 years of age.
(C) It shall be the duty of the police department to furnish a copy of all violations to the clerk-treasurer within 24 hours after the issuance of the violation. [Ord. 1399 § 1, 2008. Code 2000 § 73.03].
10.25.130 Penalty.
(A) Any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk or ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.
(B) If such persons, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and shall be subject to a fine of not less than $250.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 1399 § 1, 2008. Code 2000 § 73.99].