Auburn - SNOWMOBILES AND OFF-ROAD VEHICLES

     

      
    CHAPTER 77: SNOWMOBILES AND OFF-ROAD VEHICLES
        
    Section
    77.01 Statutory authorization
    77.02 Definitions
    77.03 Restrictions upon operation
    77.04 Permitted operation
    77.05 Police Chief may authorize emergency use
    77.06 Authority of Department of Parks and Recreation
    77.99 Penalty
                
    77.01 STATUTORY AUTHORIZATION
    This chapter is enacted pursuant to IC 14-16-1-22 and IC 14-16-2-23, and is supplemental to and shall be construed in conjunction with IC 14-16-1-1 et seq. and IC 14-16-2-1 et seq. as from time to time hereafter amended.
    77.02 DEFINITIONS
    As used in this chapter, the following terms shall have the meanings given.
    HIGHWAY, STREET, or RIGHT-OF-WAY  
    The entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
    OFF-ROAD VEHICLE  
    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 farm vehicle being used for farming, a vehicle used for military or law enforcement purposes, or a construction, mining, or other industrial-related vehicle used in performance of its common function, or a registered aircraft.
    OPERATE  
    To ride in or on and to be in actual physical control of the operation of a snowmobile or an off-road vehicle.
    OPERATOR  
    Any person who operates or is in actual physical control of a snowmobile or an off-road vehicle.
    OWNER 
    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.
    PERSON 
    An individual, partnership, corporation, the state and any of its agencies or subdivisions, and any body of persons whether incorporated or not.
    SNOWMOBILE  
    Any motor-driven vehicle designed for travel primarily on snow or ice, of 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.
    VEHICLE  
    A snowmobile or an off-road vehicle.
    77.03 RESTRICTIONS UPON OPERATION
    A 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 express permission to do so by the owner or lawful occupant of that property.
    C) On public school grounds, park property, playgrounds, recreation areas, or golf courses, without 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.
      
    77.04 PERMITTED OPERATION
    Between the hours of 7:00 a.m. and 11:00 p.m., a vehicle may be operated along the edge of streets, highways, or alleys within the city limits 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 the vehicle from the place of residence of the person operating the vehicle or from the place of storage of the vehicle to the nearest point where the vehicle may be lawfully operated outside the city limits or at such place within the city limits as provided herein.
     
        
     
    77.05 POLICE CHIEF MAY AUTHORIZE EMERGENCY USE
    The City Police Chief may authorize use of a vehicle on the public highways, streets, and the right-of-way within the city during emergencies pursuant to IC 14-16-2-21(a)(4).
    77.06 AUTHORITY OF DEPARTMENT OF PARKS AND RECREATION
    The Department of Parks and Recreation of the city, or its designee, shall have authority to supervise and regulate programs in connection with events conducted by the Department of Parks and Recreation in which vehicles are used. The Department of Parks and Recreation, or its designee, shall have authority to designate city park areas which are available for the use of vehicles.
     

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