City of New Haven, Indiana

CHAPTER 73:   SNOWMOBILES AND OFF-ROAD VEHICLES

Section

                                                              General Provisions

73.01               State Law

73.02               Definitions

                                          Administration and Enforcement of Chapter

                                                               Division l.  Generally

73.03               Prohibited Operation

73.04               Permitted Operation

73.05               Emergency Operation

                                                   Division 2.  Penalties and Procedure

73.06               Penalty

                                                        GENERAL PROVISIONS

'73.0l              STATE LAW

This Ordinance is enacted pursuant to IC 14-16-1-22 and is supplemental to and shall be construed in conjunction with IC 14-16-1-22 as from time to time hereafter amended.

[Ord. G-00-13, passed 12-12-00]

'73.02 DEFINITIONS

As used in this Chapter the term:

(A)  Operator. Means any person who operates or is in actual physical control of a snow-mobile or an off-road vehicle.

(B)  Owner.  Means any person, other than a lienholder, having the property in or title to a snowmobile or an off-road vehicle entitled to the use or possession thereof.

(C)  Operate.  Means to ride in or on and to be in actual physical control of the operation of a snowmobile or an off-road vehicle.

(D)  Person.  Means an individual, partnership, corporation, the State and any of its agencies, or subdivisions, and any body or persons whether incorporated or not.

(E)  Snowmobile.  Means any motor driven vehicle designed for travel primarily on snow or ice or a 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.

(F)  Off-Road Vehicle.  Means a motor driven vehicle capable of cross country travel, without benefit of a road or trail, on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain.  It includes, but is not limited to, a multi-wheel drive or low pressure tire vehicle, amphibious machine, ground effect air cushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind.  It does not include a lawn mower while being used for mowing, a farm vehicle being used for farming, a vehicle used for military or law enforcement purposes, construction, mining, or other industrial related vehicles used in performance of its common function or a registered aircraft.

(G)  Highway, Street or Right-of-Way.  Means the entire width between the boundary lines of every right-of-way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

[Ord. G-00-13, passed 12-12-00]                                                      

                          ADMINISTRATION AND ENFORCEMENT OF CHAPTER

                                                              Division 1.  Generally

'73.03 PROHIBITED OPERATION

An "Off Road Vehicle" may not be operated:

(A)  On the public right-of-way adjacent to the traveled portion of the public highway, except as provided herein;

(B)  On the private property of another without the express permission to do so by the owner or lawful occupant of said property;

(C)  On public school grounds, park property, playgrounds, recreation areas and/or golf courses, without the express permission to do so by the proper public or other authority;

(D)  In any manner so as to create a loud, unnecessary, or unusual noise, so as to disturb or interfere with the peace and quiet of other persons;

(E)  In a careless, reckless, or negligent manner so as to endanger the safety of any person or the property of any other person.

[Ord. G-00-13, passed 12-12-00]

'73.04 PERMITTED OPERATION

Between the hours of 7:00 a.m. and 11:00 p.m., an Off Road Vehicle may be operated along the edge of streets, highways or alleys within the City Limits of the City of New Haven at a speed not in excess of the maximum speed at which licensed motor vehicles may be operated at such place for the sole and only purpose of transporting said Off Road Vehicle from the place of residence of the person operating said Off Road Vehicle or the place of storage of said vehicle to the nearest point where said Off Road Vehicle may be lawfully operated outside the City Limits of the City of New Haven or at such place within the City Limits of New Haven as provided herein.

[Ord. G-00-13, passed 12-12-00]