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As used in this article, as amended from time to time, the following terms shall mean, as follows, unless the context clearly indicates otherwise:

Dealer means any person engaged in the commercial sale of off-road vehicles.

Department means the Department of Natural Resources (DNR).

Director means the director of the State Department Natural Resources (DNR).

Highway, street or right-of-way means the entire width between the bound.ary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Off-road vehicle means a motor driven vehicle capable of cross country 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 driving motive power from a source other than muscle or wind. It does not include a farm vehicle being used for farming, 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 for registration any other vehicle properly registered by the State Bureau of Motor Vehicles, and any water craft which is registered pursuant to applicable Indiana statutes.

Operate means to ride in or on and to be in actual physical control of the operation of an off-road vehicle.

Operator means any person who operates or is in actual physical control of an off-road vehicle.

Owner means any person, other than a lien-holder, having the property in or title to an off-road vehicle, and entitled to the use or possession thereof.

Person means an individual, partnership, corporation, the state and any of its agencies or subdivisions, and any body of persons whether incorporated or not.

Public property means land and waters which are owned or leased and subject to the control of the State of Indiana, the Town of St. John, or any political subdivisions, or entities thereof.

Snowmobile means any motor driven vehicle designed for travel primarily on snow or ice of a type which utilizes sled type runners or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated.

Vehicle means an off-road vehicle.

(Ord. No. 0976, § 4, 12-19-94)