§ 70.04. OFF-ROAD VEHICLES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEPARTMENT. The Department of Natural Resources.

DIRECTOR. The Director of Natural Resources.

HIGHWAY, STREET or RIGHT-OF-WAY. The entire width between the boundary lines every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicle travel.

OFF-ROAD VEHICLE. A motor driven vehicle capable of cross county 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 golf carts, 2 wheel dirt bikes, a farm vehicle being used for farming, a vehicle used for military or law enforcement purposes, construction, mining or other industrial related vehicles used in performance of its common function or a registered aircraft and does not include for registration any other vehicle properly registered by the Bureau of Motor Vehicles, and any watercraft which is registered pursuant to Indiana Statutes.

OPERATE. To ride in or on, and to be in actual physical control of the operation of an off-road vehicle.

OPERATOR. Any person who operates or is in actual physical control of an off-road vehicle.

OWNER. A person, other than a lien-holder, who has the property in or title to an off-road vehicle and is 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.

(B) Highways designated. From and after the effective date of this section, all highways within the Cass County road system, excepting such highways as may be located within the corporate limits of a city or town, may be utilized for travel by off-road vehicles, subject to the rules and regulations now existing or hereafter enacted by the Department of Natural Resources of the State of Indiana and applicable state laws.

(C) Restrictions on operation. No person shall operate an off-road vehicle on a county highway within the Cass County Road System pursuant to I.C. 14-16-1-23 as amended:

(1) At a rate of speed greater than is reasonable and proper, having due regard for conditions then existing.

(2) While under the influence of intoxicating liquor or under the influence of a narcotic or other habit-forming or dangerous depressant or stimulant drug.

(3) Without displaying a lighted headlight and a lighted taillight.

(4) In any forest nursery, planting area or public lands posted or reasonably identified as an area of forest or plant reproduction and when growing stock may be damaged.

(5) On frozen surface of public water within 300 feet of a person not in or upon a vehicle or within 300 feet of a fishing shanty or shelter, except at a speed of 5 miles per hour or less.

(6) Unless it is equipped with a muffler in good working order and in constant operation to prevent excessive noise and annoying smoke.

(7) Within 300 feet of a dwelling except on his or her own property or property under his or her control or as an invited guest.

(8) On any property without the consent of the landowner or tenant thereof.

(9) While transporting thereon a bow unless unstrung or a firearm unless unloaded. This subsection does not apply to a person who is carrying a handgun if the person (1) has been issued an unlimited hand gun license to carry a handgun under I.C. 35-47-2 or (2) does not require to possess a license to carry a handgun under I.C. 35-47-2-2.

(10) On or across a cemetery or burial ground.

(11) Within 300 feet of a slide, ski, or skating area, except for the purpose of servicing the area.

(12) On a railroad track or railroad right-of-way, except personnel in performance of their duties.

(13) In or upon any flowing river, stream, or creek, except for the purpose of crossing by the shortest possible route, unless of sufficient water depth to permit movement by floatation of this vehicle at all times.

(14) An individual shall not operate a vehicle while a bow is present in or on the vehicle if the nock of an arrow is in position on the string of the bow.

(15) Under the age of 16.

(D) An off-road vehicle shall not be operated unless it has at least 1 headlight, 1 taillight and adequate brakes capable of producing deceleration at 14 feet a second on level ground at a speed of 20 miles per hours.

(E) Penalty. Any operator who violates this section except § 70.04(C)(1) and (2) shall commit a Class C Infraction.