029-26 - AN ORDINANCE REGULATING THE USE AND OPERATION OF RECREATIONAL OFF-ROAD VEHICLES IN THE TOWN OF WINAMAC, INDIANA
AN ORDINANCE REGULATING THE USE AND OPERATION OF RECREATIONAL OFF-ROAD VEHICLES IN THE TOWN OF WINAMAC, INDIANA
Ordinance No. 1 of 2026
WHEREAS, The Town Council for the Town of Winamac, State of Indiana (the “Town Council”) is responsible for the performance of various functions for the Town of Winamac (the “Town”); and
WHEREAS, IC 14-16-1-22 provides that the Town may pass an ordinance regulating the operation of Recreational Off-Road Vehicles if the ordinance meets substantially the minimum requirements of IC 14-16-1 et seq; and
WHEREAS, The Town Council desire to clarify that this Ordinance does not preempt regulations in place outside the Corporate Town Limit of the Town of Winamac regarding the use of Recreational Off-Road Vehicles.
WHEREAS, IC 14-16-1-20 provides that except as provided in IC 9-21-1-3(a)(14) and IC 9-21-1-3.3, an individual may not operate a vehicle on a public highway without a valid motor vehicle driver’s license.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Winamac, Indiana, that the following Ordinance Regulation the Use and Operation of Recreational Off-Road Vehicles for the Town of Winamac, Indiana, is adopted as follows:
Section I.
Definitions
1. “Recreational Off-Road Vehicle” for the purpose of this Ordinance, ATV’s (All Terrian Vehicles), 3-wheelers, 4-wheelers, and slow-moving vehicles are not considered Recreational Off-Road Vehicles any may not operate within the incorporated Town of Winamac roads. All Recreational Off-Road Vehicles (commonly referred to as side-by-sides) authorized to operate within the incorporated Town of Winamac roads shall meet the state minimum standards set forth in Ind. Code §14-8-2-233.5 of motorized, off-highway vehicles that:
(1) is eighty (80 inches) or less in width when measured from outside of tire rim to outside of tire rim;
(2) has a dry weight of three thousand five hundred (3,500) pounds or less;
(3) is designed for travel on at least four (4) nonhighway or off-highway tires;
and
(4) is designed for recreational use by one (1) or more individuals
2. “Proof of Financial Responsibility” for the purpose of this Ordinance, the owner of every motorized Recreational Off-Road Vehicle operated on private roads, highways and other public rights-of-way shall furnish proof of financial responsibility, as that term is defined by Ind. Code § 9-25-2-3. Written proof of financial responsibility must be carried by the operator at all times.
Section II.
Registration and Regulation
1. Registration/Transfer Fee. A registration fee of Fifty Dollars ($50.00) for each Recreational Off-Road Vehicle registered shall be payable at the time of registration, and the registration shall be effective for a period of one (1) year. The registration shall be paid by January 31st of each year, in order to utilize a Recreational Off-Road Vehicle for the current year in which the registration is paid. All registration fees for Recreational Off-Highway Vehicles are to be deposited in the Winamac Police Department Continuing Education Fund.
2. Decals Issued Upon Registration. Prior to operation on private roads, highways, and other public-right-of-way, within the jurisdiction of the Town, a Recreational Off-Highway Vehicle shall be registered by its owner with the Winamac Police Department. Upon such registration, the Winamac Police Department shall issue town numerical identification decals to the owner and shall maintain a record of each identification number, along with the name and address of the registered owner. The identification decals shall be affixed to the front and rear fender areas of the Recreational Off-Road Vehicle so as to be fully visible when the vehicle is in operation. Registration and Decals are non-transferable.
3. Operational Regulations.
(a) Recreational Off-Road Vehicles, as defined above, shall be permitted to be operated and used on the streets and alleys within the corporate limits of the Town of Winamac.
(b) All-Terrain Vehicles, as defined in IC 14-8-2-5.7 as now enacted, supplemented or amended, shall not be permitted to be operated and used on the streets and alleys within the corporate limits of the Town of Winamac, Indiana.
(c) The ownership, use and operation of Recreational Off-Road Vehicles shall be done in strict compliance with the provisions of IC 14-16-1 et seq., as now enacted, supplemented or amended, and also in strict compliance with all other provisions and the Indiana Code applicable to the use and operation of Recreational Off-Road Vehicles.
(d) Operators of recreational off-road vehicles shall obey all the rules of the road, traffic regulations of the State of Indiana and the Town.
(e) Recreational Off-Road Vehicles shall be equipped with headlights, taillights, brake lights, and turn signals, which will allow the licensed operator to operate on non-prohibited private roads, highways, and other public rights-of-way.
(f) Recreational Off-Road Vehicles shall not be operated on any of the following listed streets within the Town’s corporate limits:
i. U.S. Highway 35;
ii. State Road 14;
iii. State Road 119.
(g) Crossing of U.S. Highway 35, Sate Road 14, and State Road 119 by Recreational Off-Road Vehicles shall be permitted only at designated crossings.
(h) Operators of all Recreational Off-Road Vehicles must yield to overtaking traffic.
(i) As required by IC 14-16-1-20(c) as now enacted, supplemented or amended, operators of Recreational Off-Road Vehicles are required to have a valid motor vehicle driver’s license.
(j) All Recreational Off-Road Vehicles to be operated on public streets and alleys shall be registered with the Town and an annual fee of $50 shall be paid to the Town of Winamac.
(k) The annual registration period is from January 1st to December 31st of the same year, at which time the annual registration shall expire. Registration and Inspection will be permitted any time during the calendar year, but the fee will not be pro-rated. The registration forms are available in the office of the Clerk-Treasurer.
(l) At the time of registration, the owner shall present proof of insurance insuring not only the Recreational Off-Road Vehicle from property damage but also carrying property damage and personal liability coverage for injury or damage to property of other persons and of personal injury to other persons with a minimum combined single limit of $100,000.00. Prior to the issuance of registration by the Clerk-Treasurer or one of his/her designees, the Recreational Off-Road Vehicle shall be inspected by an officer of the Winamac Police Department to ensure compliance with the terms of this ordinance.
(m) All provisions of this ordinance shall apply to the owner – operated Recreational Off-Road Vehicles as well as those leased or rented from a vendor.
(n) Recreational Off-Road Vehicles shall not be operated upon any sidewalk within the Town, or on any walking trail.
(o) No person under the age of two (2) years shall be allowed to ride on a Recreational Off-Road Vehicle, and all people under the age of ten (10) years must ride in the front seat of a Recreational Off-Road Vehicle.
(p) If the Recreational Off-Road Vehicle is equipped with seat belts, they shall be used by the operator and any passengers.
Section III.
Penalties
1. Violations. It shall be the policy of the Winamac Police Department to issue a uniform traffic citation to any person the officer has probable cause to believe has violated a provision of the Indiana Code, or any Town ordinance, while operating a Recreational Off-Road Vehicle, irrespective of if the offending person is a juvenile or any other person.
(a) Any unregistered Recreational Off-Road Vehicle in violation of this Ordinance shall be issued an Indiana Uniform Traffic Citation, and may be towed, at the owner’s expense.
2. Penalties. Any owner and/or operator of any Recreational Off-Road Vehicle found to be in violation of this Ordinance, shall be issued the following fine(s):
(a) First Offense. A Fifty Dollar ($50.00) fine shall be issued.
(b) Second Offense (within one year). A One Hundred Dollar ($100.00) shall be issued.
(c) Third Offense (within one year). A Five Hundred Dollar ($500.00) fine shall be issued, and the owner’s registration to operate a Recreational Off-Road Vehicle shall be revoked for a period of one (1) year from the date of the Third Offense.
(d) Any fine assessed under this Section shall be deposited in the Town’s General Fund.
3. Exemptions. An exemption may be issued for a limited time, locations, and purpose, by the Town Council, as occasion and/or conditions require. Such occasions include, but are not limited to, parade participations and festivals.
Section IV.
Miscellaneous Provisions
1. Repeal of Conflicting Ordinances. The provisions of all other ordinances in conflict with the provisions of this ordinance are of no further force or effect and are now repealed.
2. Severability. If any part of this Ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this Ordinance.
Section V.
Effective Date
1. This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code § 5-3-1-4.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA, THIS 9th DAY OF FEBRUARY, 2026.
THE WINAMAC, INDIANA, TOWN COUNCIL
APPROVED: Alvin R. Parish, President; Larry Weaver, Vice-President; Tom J. Murray, Council Member; Danyelle Weaver, Council Member; Jim Watkins, Council Member. ATTEST: Kendra Craft, Clerk-Treasurer
029-26 G 2/18