ORDINANCE NO. 2016-03 – OFF-ROAD VEHICLES AND SNOWMOBILES
ORDINANCE NO. 2016-03
AMENDMENT TO TITLE SEVEN (VII), TRAFFIC CODE, CHAPTER 71 NOW TITLED “OFF-ROAD VEHICLES AND SNOWMOBILES” OF THE CLINTON COUNTY, STATE OF INDIANA, CODE OF ORDINANCES
WHEREAS, Clinton County, State of Indiana (hereinafter referred to as “Clinton County”), has an Ordinance to address the usage of snowmobiles on county roads; and
WHEREAS, a number of citizens of Clinton County are desirous of operating off-road vehicles on county highways such as all-terrain vehicles and utility task vehicles (hereinafter referred to as “Vehicle(s)”); and
WHEREAS, these types of Vehicles are important for residents, sportsman and farmers to move around the County; and
WHEREAS, it is in the public interest to establish reasonable rules for the safe and responsible operation of such Vehicles on county highways; and
WHEREAS, Indiana Code § 14-16-1 governs the use of Vehicles;
NOW, THEREFORE,
BE IT ORDAINED BY THE CLINTON COUNTY COMMISSIONERS, OF THE
STATE OF INDIANA, THAT TITLE SEVEN (VII), CHAPTER 71 OF THE CLINTON
COUNTY CODE OF ORDINANCES IS NOW AMENDED AS FOLLOWS:
1. Chapter 71 shall be renamed to “OFF-ROAD VEHICLES AND SNOWMOBILES”.
2. Section 71.01 (§ 71.01) DEFINITION. As prescribed by Indiana Code § 14-16-1-7, “Vehicle” refers to an off-road vehicle or a snowmobile.
3. Section 71.02 (§ 71.02) PURPOSE. This Ordinance is adopted pursuant to Indiana Code § 14-16-1-22. The purpose of this chapter is to:
A. Establish rules and regulations for the operation of off-road vehicles and snowmobiles over and upon county roads, and
B. Promote safety of persons and property and responsible enjoyment in and connected with the use of off-road vehicles.
4. Section 71.03 (§ 71.03) GENERAL PROVISIONS.
A. AGE. In accordance with Indiana Code § 14-16-l-20(b), an individual less than fourteen (14) years of age may not operate a Vehicle without immediate supervision of an individual at least eighteen ( 18) years of age, except on land owned or under the control of the individual or the individual’s parents or legal guardian.
B. VALID DRIVER’S LICENSE. In accordance with Indiana Code§ 14-16-1- 20( c ), an individual may not operate a Vehicle on a public highway without a valid motor vehicle driver’s license.
C. INSURANCE.
i. Any person who operates a Vehicle over and upon county roads shall maintain recreational vehicle liability insurance in the minimum amount of $25,000 per person and $100,000 per occurrence insuring against injury to persons and damage to property arising from the use and operation of such Vehicle upon county roads.
ii. Any person who operates a Vehicle over and upon county roads shall carry such proof of insurance upon his or her person at all times while operating said Vehicle on county roads.
D. REGISTRATION/COMPLIANCE WITH INDIANA STATE LAW. A Vehicle shall not be operated on a county road unless it is properly registered as Vehicle pursuant to Indiana Code § 14-16-1-9.
E. RESTRICTIONS ON OPERATION. A person shall not operate a Vehicle:
i. Between the hours of 10:00 p.m. and 6:00 a.m.
ii. Without displaying a lighted headlight and tail light between the hours from one-half hour before sunrise and one-half hour after sunset.
iii. At a speed greater than 40 miles per hour or a lower posted speed limit.
iv. Unless the Vehicle is equipped with a muffler in good working order.
v. On any private property without the consent of the landowner.
vi. Contrary to any traffic laws governing the operation of motor vehicles in the State of Indiana set forth in Titles nine (9) and fourteen ( 14) of
the Indiana Code.
vii. Without yielding to “overtaking” vehicles by, when safe to do so, pulling over to the shoulder of the roadway.
viii. While doing ‘donuts” or other intentional practices that pose a high probability of causing damage to county roads.
F. RIGHT TO RESTRICT VEHICLE TRAFFIC ON DESIGNATED COUNTY ROADS.
i. The Board of Commissioners may restrict Vehicle traffic on certain county roads by designating such roads as unsuitable for off-road vehicular traffic.
ii. It shall be a violation of this ordinance to operate a Vehicle on any county road so designated.
iii. Designated Roads are: Michigantown Road and Mulberry-Jefferson Road.
iv. This subsection does not prevent Vehicles from crossing these roads at 90-degree angles or traveling in the right-of-way as allowed by Indiana Code.
5. Section 71.04 (§ 71.04) PENALTY FOR VIOLATIONS.
A. A person who operates a Vehicle in violation of this Ordinance shall be fined as follows: First offense $100.00, second offense $250.00 and third and subsequent offenses $500.00.
B. A violation under Section (E) subsection (viii) of this Ordinance may result in the Vehicle being impounded in addition to any fines that may apply.
This Ordinance shall be effective after advertising as required by law.
ADOPTED this 7th day of March, 2016.
THE CLINTON COUNTY COMMISSIONERS, STATE OF INDIANA
