Ordinance 2021-04

RANDOLPH COUNTY BOARD
OF COUNTY COMMISSIONERS

ORDINANCE NO. 2021-04

AN ORDINANCE TO AUTHORIZE AND REGULATE THE USE
OF OFF-ROAD VEHICLES ON ROADWAYS UNDER THE
JURISDICTION AND CONTROL OF RANDOLPH COUNTY
GOVERNMENT AND MATTERS RELATED THERETO

AN ORDINANCE to regulate the operation of Off-road Vehicles (as defined by IC 14-8-2-185) a term which includes All-terrain Vehicles (as defined by IC 14-8-2-5.7) and Recreational Off-road Vehicles (as defined by IC 14-8-2-233.5); upon the roads and highways under the authority of the Randolph County Board of Commissioners.

WHEREAS it has been determined by the Randolph County Board of Commissioners (hereafter “Commissioners”) that a need exists of an ordinance regulating the operation of All-terrain Vehicles, (hereafter “vehicles”) upon county roads and highways, and;

WHEREAS IC 14-16-1-22 authorizes a local unit of government to regulate the operation of vehicles upon county roads and highways, and;

WHEREAS all other state and local laws applicable to the operation of vehicles upon all public ways shall remain in full force and effect and be the operator’s responsibility to abide by such laws.

NOW THEREFORE BE IT ORDAINED by the Randolph County Board of Commissioners acting within their authority to permit and regulate the operation of Off-road Vehicles upon county roads and highways, to wit:

1. Subject to the regulations contained within this ordinance, and all other applicable state and local laws, Off-road Vehicles (as defined by IC 14-8-2-185) are hereby permitted to operate on the roads and highways that are under the jurisdiction of the Randolph County Board of Commissioners.  This ordinance does not apply to roads and highways within the state highway system or those roads and highways within the corporation boundaries of cities and towns within Randolph County.

2. Owners of the vehicles described herein and regulated hereby shall register the Off-road Vehicle in compliance with IC 9-18.1-14-1; IC 9-18.1-14-3; IC 9-18.1-14-4; and IC 9-18.1-14-5.

3. Owners of the vehicles described herein and regulated hereby shall comply with I.C. 14-16-1-1 et. seq., as applicable.

4. A person under the age of 18 years old shall comply with IC 9-18.1-14-11 (Youth Helmet Law) while riding or operating an Off-road Vehicle.

5. Any person who operates an Off-road Vehicle upon the roads and highways that are under the jurisdiction of the Randolph County Board of Commissioners, shall possess a valid driver license.

6. An operator of an Off-road Vehicle shall have evidence of in place and valid liability insurance issued by an insurance underwriter authorized to issue insurance in the state of Indiana in an amount equal to or greater than the insurance requirements set forth in IC 9-25-4-5 whenever the Off-road Vehicle is operated upon the roads and highways under the jurisdiction of the Randolph County Board of Commissioners.

7. No passengers are permitted on single seat Off-road Vehicles. The number of passengers permitted at any time to simultaneously occupy an Off-road Vehicles is limited to the number of manufacturer-installed passenger seats on the vehicle.

8. An operator of an Off-road Vehicle is permitted to cross a highway in the state highway system, at right angles, in order to travel from one (1) highway under the jurisdiction of the county to another highway under the jurisdiction of the county when the operation can be done safely.

9. An Off-road Vehicle may not be operated between sunset and sunrise without at least one operable headlight and one operable taillight.

10. Off-road Vehicles must travel in single file when operated upon road and highways under the jurisdiction of the Randolph County Board of Commissioners.

11. Any law enforcement agency, including but not limited to: the Randolph County Sheriff’s Department, the Indiana State Police, Indiana Conservation officers and Randolph County municipal police officers may enforce this Ordinance.

12. Should any provision of this Ordinance be declared, by a court of jurisdiction, to be invalid, such decision shall not affect the validity or impair the enforcement of the remaining provisions of this Ordinance, or any portion thereof.

13. Penalties for a violation of this Ordinance are fines up to but not exceeding the following amounts:

Violation of 1st offense shall be $100. 
               Violation of 2nd and subsequent offenses shall be $250.

14. Three or more violations of this Ordinance by a single operator occurring within a twelve- month period shall constitute grounds for the withdrawal of the registrations of any vehicles covered by this Ordinance owned by that operator, subject to the owner’s right to appeal such registration withdrawal to the Randolph County Board of County Commissioners.