HomeMy Public PortalAbout2002-10 - OPERATION OF UNLICENCED VEHICLESORDINANCE 2002 -10
AN ORDINANCE GOVERNING THE
OPERATION OF UNLICENCED VEHICLES
WHEREAS, a number of citizens of Greencastle, Indiana, are
desirous of operating unlicensed vehicles on the city streets; and
WHEREAS, it is in the public interest to establish reasonable rules for
the operation of such vehicles on city streets.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF GREENCASTLE, INDIANA, AS FOLLOWS, TO -WIT:
Section 1: Short title. This ordinance shall be known as the
Unlicensed Vehicle Ordinance.
Section 2: Definitions. As used in this Ordinance the term:
® (a) "Operator" means any person holding a valid Indiana
license to operate a motor vehicle or a valid license to
operate a motor vehicle for another state.
(b) "Unlicensed Vehicle" means a motor driven vehicle
capable of travel without benefit of a comhnstion eneire.
It includes electric vehicles manufactured for highway
use which meets Federal Motor Vehicle Safety Standard
f No. 500 or other means of transportation deeming motive
power from a source other than muscle or wind. It does
not include farm vehicle being used for farming or a
vehicle used for military or law enforcement purposes, a
construction, mining, or other industrial related vehicle
used in performance of its common function, a
snowmobile, or a registered aircraft and does not include
any other vehicle properly registered by the Indiana
Bureau of Motor Vehicles, and any watercraft which is
registered pursuant to Indiana statutes.
(c) "Highway, Road or Right -of -Way" means the entire
width between the boundary lines of every way
maintained by and within the jurisdiction of Greencastle,
Indiana when any part thereof is open to the use of the
public for the purpose of vehicular travel.
Section 3: Pu ose. The purpose of this Ordinance is:
(a) To authorize persons holding a valid Indiana motor
vehicle driver's license (or a valid motor vehicle license
form another state) to operate unlicensed vehicles over
and upon city streets.
(b) To establish rules and regulations for the operation of
unlicensed vehicles over and upon city streets.
(c) To promote the safety for persons and property,
responsible enjoyment in and connected with the use and
operation of unlicensed vehicles, and understanding
consistent with the rights of all the citizens of this city.
0
Section 4: Persons Authorized to Operated Unlicensed
Vehicles on City Streets.
(a) All persons who hold a valid motor vehicle driver's
license are hereby authorized to operate an unlicensed
vehicle over and upon city streets under the conditions
set forth in this Ordinance, and solely for the purpose of
reaching a predetermined destination.
(b) No person shall operate an unlicensed vehicle on any city
street without a valid motor vehicle driver's license.
Section S: Insurance.
(a) Any person who operates an unlicensed vehicle over and
upon city streets shall maintain recreational vehicle
liability insurance in the minimum amount of One
hundred Thousand Dollars ($100,000) per person and
Three Hundred Thousand Dollars ($300,000) per
occurrence insuring against injury to persons and damage
to property arising from the use of such an unlicensed
vehicle upon city streets.
(b) Any person who operates and unlicensed vehicle over
and upon city streets shall carry proof of such insurance
on his or her person at all times when operating an
unlicensed vehicle of city streets.
Section 6: Registration/Compliance with State Law An
unlicensed vehicle shall not be operated on city
streets unless it is duly registered with the city of
Greencastle Police Department.
* Registration fee will be a thirty-five dollar ($35.00)
charge. Registration must be completed with in 30
days of purchase and will be renewable each year
in January.
Section 7: Restrictions on Operation. A person shall not
operate an unlicensed vehicle:
(a)
At a rate of speed greater than is reasonable and proper
having due regard for conditions when existing and in no
case greater than the posted speed limit.
(b)
While intoxicated or unlawfully under the influence of
narcotic or other habit forming or dangerous depressant
or stimulated drug.
(c)
During the hours for one -half (1/2) hour after sunset to
one -half hour before sunrise without displaying lighted
headlights and a lighted taillight.
(d)
Within one hundred (100) feet of a dwelling between
midnight and 6:00 am. Except on the individuals own
property or property under the individual's control or as
an invited guest.
(e)
While transporting on or in the vehicle a firearm unless
the firearm is:
(1) Unloaded; and
(2) Securely encased or equipped with and made
inoperative by a manufactured key locked trigger -
housing mechanism.
Section 8: Operating on n City Streets. A person shall comply
with the following when operating an unlicensed
vehicle on city streets.
(a) The operator of an unlicensed vehicle shall abide by all
traffic laws governing the operation of motor vehicles in
the State of Indiana, set forth in Titles 9 and 14 of the
Indiana Code.
(b) The operator of an unlicensed vehicle may not cross a
city street or enter upon city streets other than at a 90°
angle.
(c) The operator of an unlicensed vehicle shall bring his
vehicle to a complete stop before proceeding onto or
across a city street and shall yield the right -of -way to all
traffic.
Section 9: Right to restrict Unlicensed Vehicle Traffic on
Designated Citv Streets.
(a) The Common Council may restrict unlicensed vehicular
traffic on city streets by designating such streets as
unsuitable for unlicensed vehicular traffic and by posting "
signs on such designated streets.
S (b) It shall be violation of this Ordinance to operate an
unlicensed vehicle on any city streets so designated and
posted.
#- Section 10: Enforcement. Unless otherwise prohibited by State
Law, all law enforcement officers having
jurisdiction in Greencastle, Indiana, have authority
y to enforce the provisions of this Ordinance.
Section 11: Penalties for Violations.
(a) All persons who violate section 7b of this ordinance shall
be subject to punishment in accordance with Title 9 of
the Indiana Code.
(b) Pursuant to Indiana Code, a person who violates any
other section of this Code commits a Class D ordinance
Violation.
(c) An unlicensed person that operates an unlicensed vehicle
in violation of this Ordinance shall be fined an amount no
less than $100.00, but not to exceed $2,500.00.
A Section 12: SevembilityCL4odifcation. Each section,
subsection, sentence, clause and phrase of this
Ordinance is declared to be an independent
section, subsection, sentence, clause and phrase,
and the finding or holding of any section,
subsection, sentence, clause and phrase to be
unconstitutional, void, or ineffective for any cause
shall not effect another section, subsection,
sentence, clause or phrase or part hereof. The
Greencastle Common Council may modify this
Ordinance as deemed necessary.
Section Applicability and Effective Date.
i
(a)
This Ordinance shall apply only to incorporated areas in
the city of Greencastle, Putnam County, Indiana.
(b)
Drivers shall not operate vehicles on State Highway
Systems with in the limits of Greencastle. 3
(c)
This Ordinance shall become in full force and effective
from and after its adoption by the Common Council and
its publication in accordance with I.C. 5 -3 -1.
(d)
Any violations of State Law that occurred prior to the
enactment of this Ordinance shall not be exempted for
enforcement.
(e)
This ordinance shall remain in effect until July 1" 2003
from the date of its adoption, at which time the Common
j
Council will reconsider it.
r.
® PASSED AND ADOPTED by t e Common qouncil of the City of
Greencastle, Indiana this 10" of 2002
Attest:
Pamela S. Jones, Cl (rk- asurer
Nancy Michael, Mayor
Presidit Officer
Presented by rjie to the Mayor of Greencastle, Indiana this day of
002 at q;6& o'clock /- m. 3
•
f
Pamela S. Jones,
Approved and signed by me this /)L �d ay of , 2002 at
o'clock M.
Nancy A. thael, Mayor