SILVER LAKE ATV ORD 08-01-17
August 10, 2017 at 3:00 p.m.
By -
AN ORDINANCE OF SILVER LAKE, INDIANA REGULATING THE
OPERATION OF OFF-ROAD VEHICLES (ATV) ON THE PUBLIC WAYS WITHIN THE TOWN OF SILVER LAKE.
WHEREAS, the Silver Lake Town Council is the legislative body of the Town of Silver Lake; and
WHEREAS, effective January 1, 2014 the State of Indiana amended IC 9-21-1-3.3 to include "off road vehicles", Section 3.3 (a) a city, county or town may adopt by ordinance traffic regulations concerning the use of off-road vehicles, on a highway under the jurisdiction of the city, county, or town.
NOW THEREFORE, BE IT ORDAINED by the Silver Lake Town Council, Kosciusko County, Indiana as follows:
Section 1. All other forms of recreational vehicles including Go Carts, Snowmobiles, mini bikes and all other illegal street vehicles are prohibited from use in Town limits. Golf cart use within Town limits is governed by Ordinance 09-01-10 of the Silver Lake Code and individuals operating golf carts are obligated to abide by the regulations of Ordinance 09-01-10.
Section 2. Each owner of an off road vehicle operated on the streets and alleys in Silver Lake shall:
a) Annually complete an application for submission to the Silver Lake Town Marshal's office.
b) Provide proof of insurance to the Town of Silver Lake
c) Pay a registration/inspection fee of $25.00 which shall be deposited in the following manner:
1. One-half of all registration fees collected will be deposited into the Town's MVH Fund.
2. One-half of all registration fees collected will be deposited into the Town's Law Enforcement Continuing Education Fund.
Section 3. The Town of Silver Lake shall provide to the owner of a registered off road vehicle a decal, which shall be affixed to the left rear comer (driver's side). The decal shall display the month and year of the expiration of the registration and an assigned number for registration purposes.
Section 4. No persons shall operate or park an off road vehicle or permit to be operated or parked on Main St. (State Road 14) and Jefferson St. (State Road 15) within the Town of Silver Lake. State Highways can only be crossed at 90 degrees from any intersection within Town limits.
Section 5. A person may operate an off road vehicle on the remaining streets and alleys within the Town of Silver Lake subject to rules and regulations with regard to traffic Jaws, speed limits and traffic signs.
Section 6. Off road vehicles are prohibited from traveling at speeds higher than 20 miles an hour on any street within Town limits and prohibited from going higher than 10 miles per hour down any alley within Town limits.
Section 7. A person may NOT park an off road vehicle on any street or alley within the Town of Silver Lake.
Section 8. No persons shall operate or park an off road vehicle or permit to operate or park on any sidewalk or tree lawn within the Town of Silver Lake.
Section 9. Operators of off road vehicles must be 16 years of age and have a valid driver's license and shall obey all State, Federal and Local laws, regulations and ordinances governing passenger motor vehicles including but not limited to laws, regulations and ordinances pertaining to licensing of operators and traffic regulations.
Section 10. Off road vehicles shall be driven as close to the right edge of the street or alley as possible and will yield to vehicular traffic in order to not impede or block the normal flow of traffic.
Section 11. No person shall operate or permit the operation of an off road vehicle on the streets and alleys of the Town of Silver Lake without proof of financial responsibility and a certificate of insurance shall be provided at the time of application. A copy of proof shall be carried upon the off road vehicle at all times during operation.
Section 12. Off road vehicles are required to have head lights, taillights, brake lights, turn signals and a rear view mirror to operate during night time hours. Off road vehicles are required to have amber flashing light and a regulation slow moving vehicle sign during daylight hours, said emblem shall comply with requirements established by the State of Indiana. During daylight hours of operation and no turn signals
or brake lights are working on the off road vehicle the operator is required to use hand signals to indicate their intention/direction to other traffic.
Section 13. Operation of off road vehicles is prohibited between the hours of 10:00 pm and 7:00 am, Sunday through Thursday and 11:00 pm and 7:00 am Friday and Saturday.
Section 14. No person shall operate an off road vehicle unless any and all passengers of said vehicle are seated in a seat attached to the off road vehicle as manufactured. All children under the age of 14 MUST be seated, secured by a seat belt and not on another individuals lap.
Section 15. Each off road vehicle registered will be provided a copy of Ordinance 08-01-17 and will sign a receipt indicating that they have received the Ordinance, read and understand the regulations and will comply with said Ordinance.
Section 16. Each off road vehicle MUST be registered with the Indiana Department of Natural Resources (IDNR), paid the IDNR applicable fees and received a registration number from IDNR prior to registration approval from the Town of Silver Lake. IDNR registration number MUST be provided on the Silver Lake registration form.
Section 17. Off road vehicle operations are prohibited on the Friday and Saturday ofthe Silver Lake Day weekend for the safety and enjoyment of those in attendance. Off road vehicles that are registered to be in the Silver Lake Day parade are ONLY allowed to travel to and from the parade registration, line-up and during the parade procession.
Section 18. Off road vehicles are prohibited from use on the grounds of Rambler Park, located at 202 S. High St. and the grounds of Memory Park located at 114 S. Jefferson St.
Section 19. Any persons, firm or corporation who violates or permits a violation of any provision of this Ordinance shall pay a minimum fine of fifty dollars ($50.00) and a second violation, during a single registration period, of one hundred dollars ($100.00) and each offense thereafter during the registration period, of one hundred dollars ($1 00.00). Said fines will be deposited into the General Fund of the Town of Silver Lake.
Section 20. If a person, firm or corporation violates or permits a violation of any of the provisions of the Ordinance for a third time during a single registration period the Silver Lake registration will be revoked and operation of the off road vehicle will NOT be permitted for a period of one (1) year from the revocation date. Each violation for operating with a revoked registration will be a two hundred dollar ($200.00) fine.
Section 21. This Ordinance shall be in full force from and after its passage and 30 days after its publication dated 12th day of August, 2017 as provided by law.
ADOPTED BY THE SILVER LAKE TOWN COUNCIL this 9th day of August, 2017.
Chad Miner, Council President
Phil Shalley,Council Member
Dana Owens, Council Member
Attest: Tonya Conley,
Clerk-Treasurer
8-12 hspaxlp
AN ORDINANCE OF SILVER LAKE, INDIANA REGULATING THE
OPERATION OF OFF-ROAD VEHICLES (ATV) ON THE PUBLIC WAYS WITHIN THE TOWN OF SILVER LAKE.
WHEREAS, the Silver Lake Town Council is the legislative body of the Town of Silver Lake; and
WHEREAS, effective January 1, 2014 the State of Indiana amended IC 9-21-1-3.3 to include "off road vehicles", Section 3.3 (a) a city, county or town may adopt by ordinance traffic regulations concerning the use of off-road vehicles, on a highway under the jurisdiction of the city, county, or town.
NOW THEREFORE, BE IT ORDAINED by the Silver Lake Town Council, Kosciusko County, Indiana as follows:
Section 1. All other forms of recreational vehicles including Go Carts, Snowmobiles, mini bikes and all other illegal street vehicles are prohibited from use in Town limits. Golf cart use within Town limits is governed by Ordinance 09-01-10 of the Silver Lake Code and individuals operating golf carts are obligated to abide by the regulations of Ordinance 09-01-10.
Section 2. Each owner of an off road vehicle operated on the streets and alleys in Silver Lake shall:
a) Annually complete an application for submission to the Silver Lake Town Marshal's office.
b) Provide proof of insurance to the Town of Silver Lake
c) Pay a registration/inspection fee of $25.00 which shall be deposited in the following manner:
1. One-half of all registration fees collected will be deposited into the Town's MVH Fund.
2. One-half of all registration fees collected will be deposited into the Town's Law Enforcement Continuing Education Fund.
Section 3. The Town of Silver Lake shall provide to the owner of a registered off road vehicle a decal, which shall be affixed to the left rear comer (driver's side). The decal shall display the month and year of the expiration of the registration and an assigned number for registration purposes.
Section 4. No persons shall operate or park an off road vehicle or permit to be operated or parked on Main St. (State Road 14) and Jefferson St. (State Road 15) within the Town of Silver Lake. State Highways can only be crossed at 90 degrees from any intersection within Town limits.
Section 5. A person may operate an off road vehicle on the remaining streets and alleys within the Town of Silver Lake subject to rules and regulations with regard to traffic Jaws, speed limits and traffic signs.
Section 6. Off road vehicles are prohibited from traveling at speeds higher than 20 miles an hour on any street within Town limits and prohibited from going higher than 10 miles per hour down any alley within Town limits.
Section 7. A person may NOT park an off road vehicle on any street or alley within the Town of Silver Lake.
Section 8. No persons shall operate or park an off road vehicle or permit to operate or park on any sidewalk or tree lawn within the Town of Silver Lake.
Section 9. Operators of off road vehicles must be 16 years of age and have a valid driver's license and shall obey all State, Federal and Local laws, regulations and ordinances governing passenger motor vehicles including but not limited to laws, regulations and ordinances pertaining to licensing of operators and traffic regulations.
Section 10. Off road vehicles shall be driven as close to the right edge of the street or alley as possible and will yield to vehicular traffic in order to not impede or block the normal flow of traffic.
Section 11. No person shall operate or permit the operation of an off road vehicle on the streets and alleys of the Town of Silver Lake without proof of financial responsibility and a certificate of insurance shall be provided at the time of application. A copy of proof shall be carried upon the off road vehicle at all times during operation.
Section 12. Off road vehicles are required to have head lights, taillights, brake lights, turn signals and a rear view mirror to operate during night time hours. Off road vehicles are required to have amber flashing light and a regulation slow moving vehicle sign during daylight hours, said emblem shall comply with requirements established by the State of Indiana. During daylight hours of operation and no turn signals
or brake lights are working on the off road vehicle the operator is required to use hand signals to indicate their intention/direction to other traffic.
Section 13. Operation of off road vehicles is prohibited between the hours of 10:00 pm and 7:00 am, Sunday through Thursday and 11:00 pm and 7:00 am Friday and Saturday.
Section 14. No person shall operate an off road vehicle unless any and all passengers of said vehicle are seated in a seat attached to the off road vehicle as manufactured. All children under the age of 14 MUST be seated, secured by a seat belt and not on another individuals lap.
Section 15. Each off road vehicle registered will be provided a copy of Ordinance 08-01-17 and will sign a receipt indicating that they have received the Ordinance, read and understand the regulations and will comply with said Ordinance.
Section 16. Each off road vehicle MUST be registered with the Indiana Department of Natural Resources (IDNR), paid the IDNR applicable fees and received a registration number from IDNR prior to registration approval from the Town of Silver Lake. IDNR registration number MUST be provided on the Silver Lake registration form.
Section 17. Off road vehicle operations are prohibited on the Friday and Saturday ofthe Silver Lake Day weekend for the safety and enjoyment of those in attendance. Off road vehicles that are registered to be in the Silver Lake Day parade are ONLY allowed to travel to and from the parade registration, line-up and during the parade procession.
Section 18. Off road vehicles are prohibited from use on the grounds of Rambler Park, located at 202 S. High St. and the grounds of Memory Park located at 114 S. Jefferson St.
Section 19. Any persons, firm or corporation who violates or permits a violation of any provision of this Ordinance shall pay a minimum fine of fifty dollars ($50.00) and a second violation, during a single registration period, of one hundred dollars ($100.00) and each offense thereafter during the registration period, of one hundred dollars ($1 00.00). Said fines will be deposited into the General Fund of the Town of Silver Lake.
Section 20. If a person, firm or corporation violates or permits a violation of any of the provisions of the Ordinance for a third time during a single registration period the Silver Lake registration will be revoked and operation of the off road vehicle will NOT be permitted for a period of one (1) year from the revocation date. Each violation for operating with a revoked registration will be a two hundred dollar ($200.00) fine.
Section 21. This Ordinance shall be in full force from and after its passage and 30 days after its publication dated 12th day of August, 2017 as provided by law.
ADOPTED BY THE SILVER LAKE TOWN COUNCIL this 9th day of August, 2017.
Chad Miner, Council President
Phil Shalley,Council Member
Dana Owens, Council Member
Attest: Tonya Conley,
Clerk-Treasurer
8-12 hspaxlp
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