Pulaski County Ordinance No. 4 of 2016
ORDINANCE 004 - 2016 AUTHORIZING THE OPERATION OF OFF-ROAD VEHICLES ON THE TRAVELED PART OF CERTAIN DEFINED PUBLIC HIGHWAYS IN THE UNINCORPORATED PORTIONS OF
PULASKI COUNTY, INDIANA FOR DEFINED PURPOSES ONLY
WHEREAS, Ind. Code 14-16-1-1 et seq. sets forth certain definitions and standards under which “Off Road Vehicles” may be operated within the State of Indiana; and
WHEREAS, Ind. Code 14-16-1-20(a)(3) permits the operation of an Off-Road Vehicle on the “traveled part” of a highway in a county road system outside the corporate limits of a city or town if the county highway is designated for said purpose by the county highway department having jurisdiction over the highway; and
WHEREAS, Ind. Code 14-16-1-22 authorizes a county government to pass an ordinance regulating the operation of Off-Road Vehicle if the ordinance meets substantially the minimum requirements of Ind. Code 14-16-1-1 et seq. and if such ordinance does not otherwise contravene the standards of Ind. Code 14-16-1-22; and
WHEREAS, Ind. Code 36-1-3-1 et seq. permits any county in the State of Indiana to execute any power or perform any function necessary to the public interest in the context of its county or internal affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or pre-empted by other law, or is not necessarily granted by any other law to another governmental entity; and
WHEREAS, the Board of Commissioners of Pulaski County, Indiana as the executive and legislative body of Pulaski County Government and as the head of Pulaski County Highway Department having jurisdiction over the public highways in the Pulaski County road system under Ind. Code 14-16-1-20(a)(3) desires to adopt an ordinance consistent with Ind. Code 14-16- 1-1 et seq. relative to certain limited and defined uses and operations of Off-Road Vehicles on the “traveled part” of certain defined public highways only within the Pulaski County road system; and
NOW, THEREFORE, BE IT ADOPTED AND ORDAINED by the Board of Pulaski Commissioners of the County of Pulaski, Indiana as follows:
1. Definitions. For all purpose of this Ordinance, the definitions and standards set forth within Ind. Code 14-16-1-1 through 30 as currently in effect or as amended from time to time hereafter shall apply to this Ordinance. Additionally, the following definitions shall apply to this Ordinance.
a. “Agriculture Purpose” shall mean and include farming, dairying, pasturage, agriculture, horticulture, viticulture, ornamental horticulture, olericulture, pomiculture, animal husbandry, and poultry husbandry, consistent with the definition of”Agricultural Purpose” set forth in Ind. Code 14-21-1-24 as now in force and effect, and to include any subsequent alterations or amendments to Ind. Code 14-21-1-24 dealing with the definitions of “Agricultural Purpose”.
b. “Business Purpose” shall mean and include buying, selling, manufacturing, assembling, developing, hauling or processing or products, supplies, or materials or undertaking and activities associated therewith in furtherance of a business undertaking, enterprise, or other commercial activity.
c. “County Numbered Roads” shall mean, and be limited to, roads, rights-of-way, and/or highways owned, controlled, and maintained by the Board of Commissioners of Pulaski County, Indiana in the unincorporated areas of Pulaski County, for motor vehicular and other traffic uses which Numbered County Roads bear an Arabic number or comparable designation, and which Numbered County Roads were established and/or platted as part of the original platting and/or formation of Pulaski County, or subsequent activities related or associated thereto; Numbered County Roads shall not include roads or streets in platted subdivisions, bicycle or pedestrian paths, recreational trails, or any other rights of- way, dedicated roadways, or transportation corridors not part of such original platting and formation of Pulaski County or activities related thereto.
d. “Development Purpose” shall mean and include activities associated with the grading, subdividing, or development of real estate parcels, and the installation of water, sewer, and other utilities, roads, or infrastructure for the benefit of land development.
e. “Government Purpose” shall mean and include the activities of elected officials, government employees, governmental agents, independent contractors serving governmental units, and other persons in furtherance of defined governmental purposes and undertakings.
f. “Off-Road Vehicle” shall mean and include “Off-Road Vehicle” as such is defined in Ind. Code 14-8-2-185, as currently in force and effect, or as from time to time hereafter modified or amended.
g. “Professional Purpose” shall mean and include activities associated with surveying, soil testing, water testing, or other scientific, architectural, engineering, or environmental undertakings or enterprises.
h. “Travel Part” shall mean and include that portion of a Numbered County Road upon which are operated conventional motor vehicles, properly licensed and authorized for such undertakings, which Traveled Part shall include traveled areas with paved or concrete surfaces, and conventional graded lanes for gravel roads, in or upon which conventional motor vehicle travel is routinely contemplated and allowed; Traveled Part does not include additional portions of the public right-of way applicable to a Numbered County Road adjacent to the Traveled Part, within which adjacent portion of the public right-of-way the operation of Off-Road Vehicles is otherwise (as of date of adoption of the Ordinance) governed by the standards and provisions of lnd. Code 14-16-1-1 et. seq.
2. Designation of Traveled Portion of Certain Highways for Operation of Off-Road Vehicles. Consistent with Ind. Code 14-16-1-20(a)(3), the Board of Commissioners of the County of Pulaski, Indiana hereby specifically designates the Traveled Part of all County Numbered Roads in the Pulaski County highway system outside the corporate limits of a city or town as permitted areas upon which an otherwise eligible operator may operate an Off-Road Vehicle, subject to the following limitations:
a. The operation of an Off-Road Vehicle shall be for an Agricultural Purpose, a Business Purpose, a Professional Purpose, a Governmental Purpose, or a Development Purpose, or otherwise such operation on a Traveled Part of a Numbered County Road is not authorized or permitted by this Ordinance.
b. The operation of an Off-Road Vehicle shall only be permitted on the Traveled Part of the Numbered County Road if the operator has a designated or defined destination point established and to which such operator shall be proceeding or from which such operator shall be returning for such operation to be authorized or permitted by this Ordinance.
3. Other Standards to Apply. All other terms, provisions, standards, and requirements of lnd. Code 14-16-1-1 through 30, pertaining to the operation of an Off-Road Vehicle, shall, in all respects, apply as and to the operation of an Off-Road Vehicle on a Traveled Part of a Numbered County Road designated by paragraph 2 above.
4. Registration. All Off-Road Vehicles must be registered with the BMV pursuant to Ind. Code 14-16-1-8.
5. Violations. Violation of the provisions of Ind. Code 14-16-1-1 through 30, or violation of provisions of this Ordinance, by any person operating an Off-Road Vehicle upon the Pulaski County highway system outside the corporate limits of any city or town within Pulaski County, shall be subject to the sanctions and penalties set forth in Ind. Code 14-16-1-29.
6. Effective Date. This Ordinance shall be effective immediately upon its adoption. Duly adopted and enacted this 6th day of September, 2016 by the Board of Commissioners of the County of Pulaski, Indiana.
Signed and dated this 6th day of September, 2016
PULASKI COUNTY BOARD OF COMMISSIONERS
Terry L. Young, President
Larry L. Brady, Vice-President
Bud Krohn, Jr.
ATTEST: Shelia K. Garling, Auditor, Pulaski County
172-16 G 09/21