ORDINANCE   2005-03   OF THE TOWN COUNCIL OF
LEO-CEDARVILLE, INDIANA

PERTAINING TO THE REGULATION OF THE RECREATIONAL PATH ALONG GRABILL ROAD WITHIN LEO-CEDARVILLE, INDIANA

WHEREAS, the Town Council for the Town of Leo-Cedarville has constructed an eight foot (8′) cement, recreational path along Grabill Road as part of the Grabill Road project; and

WHEREAS, this path was constructed as part of a larger recreational path which connects Leo-Cedarville to the Town of Grabill, and was intended to allow for safe pedestrian and bicycle traffic between the two towns; and

WHEREAS, the Town Council for the Town of Leo-Cedarville has determined that it is necessary to provide regulations concerning the use of the Grabill Road Recreational Path.

NOW, THEREFORE, IT IS ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEO-CEDARVILLE, ALLEN COUNTY, INDIANA:

Section 1.       Grabill Road Recreational Path Defined:   The Grabill Road Recreational Path, for purposes of this ordinance, is defined to mean the eight foot (8′) sidewalk constructed along Grabill Road from the bridge to the Eastern boundary of the Town of Leo-Cedarville.

Section 2.       Use of Recreational Path:   Within the Town of Leo-Cedarville, the Grabill Road Recreational Path (commonly known as the Grabill Road Sidewalk) shall be reserved exclusively for use by pedestrians, bicycles, and other non-motorized vehicles, except as otherwise provided in this ordinance.

Section 3.       Motorized Vehicles Prohibited:   The use of motorized vehicles of any type (except as allowed below for ADA compliance), including but not limited to mopeds, motorized bikes, go carts, snowmobiles, motorcycle, and golf carts, is prohibited on the Grabill Road Recreational Path.

Section 4.       Exception for ADA Compliance:   The sole exception to the ban on motorized vehicles on the bike path is for persons with a disability as defined by the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq., provided that such person complies with the following strictures:

a) Disabled individuals must provide a doctor’s certification of the need for a motorized device to allow for mobility or proof of registration from the Indiana Bureau of Motor Vehicles for a handicapped license plate.
b) Upon production of such doctor’s certification or BMV handicapped registration, the Town Clerk-Treasurer shall issue a permit imprinted with the seal of the Town of Leo-Cedarville
c) Such person shall affix the permit on the motorized device in a location where the permit shall be readily visible from outside the device.
d) When operating the motorized device on the Grabill Road Recreational Path the disabled person shall operate the device in a safe and reasonable manner; shall yield the right-of-way to pedestrian and bicycle traffic on the path; shall not operate their motorized device into any residential yard or the unpaved right-of-way, but shall remain on the paved path.

Section 5.       Riding Mounts and Animals Used for Transportation Prohibited:   The use of mounts or other riding animals, and the use of animals for transportation, including drawn buggies, carts and wagons is prohibited on the Grabill Road Recreational Path Within the Town of Leo-Cedarville, Indiana.

Section 6.       Pets:   Persons may walk their pets on the recreational path provided that the pets are kept on a leash. Pet owners are responsible for controlling their pets at all times, and shall not allow their pets to touch other persons or animals on the path without the consent of such other person or animal owner. Animals which are prone to barking, growling or otherwise threatening unknown people shall not be permitted on the path. Pet owners are responsible for cleaning up any feces left by their animals.

Section 7.       Incorporation of I.C. 9-21-11-1 et. seq.:   The Town of Leo-Cedarville hereby adopts and incorporates by reference the provisions of I.C. 9-21-11-1 et. seq. as if fully set forth herein pertaining to the use of bicycles along the Grabill Road Recreational Path. It shall be a violation of this ordinance to operate a bicycle on the Grabill Road Recreational Path in any manner inconsistent with the provisions of I.C. 9-21-11-1 et. seq.

Section 8.       Non-Motorized Vehicles Must be Operated in a Safe Manner:   Non-Motorized vehicles, including bicycles, tri-cycles, unicycles, skate-boards, roller blades, roller skates, scooters, spring-boards or other device or mechanism used for transportation shall be operated or used only in a safe and reasonable manner. Use of any such device or vehicle in an unsafe manner or in any manner that creates an unreasonable risk of causing damage to person (including the person operating the device or vehicle) or property shall constitute a violation of this ordinance.

Section 9.       Violations:   Any person violating any provision of this ordinance shall be subject to a fine of not more than one hundred dollars ($100) for each violation.

Section 10.    Placement of Appropriate Signs:   No person shall be subject to any fine pursuant to Section 7, hereof, until a proper traffic control device or sign has been erected on the Grabill Road Recreational Path. Any such sign shall comply with the requirements of the Indiana Uniform Traffic Control Devices Manual, if applicable.

Section 11.    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 12.    In the event any section, subsection, clause, phrase or portion of this chapter is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this chapter. It is the legislative intent of the council that this chapter would have been adopted if such illegal provision had not been included or any illegal application had not been made.

Section 13.     This ordinance shall be in full force and effect from and after its passage and approval by the Town Council, and after publication required by State law.

 

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this   18   day of   October  , 2005.

 

  Cindy J. Kimm      
Cindy Kimm
Council member

  Matthew A. Akins  
Matthew Akins
Council Member

  Paul Steffens        
Paul Steffens
Council Member

  Jan Linn                
Jan Linn
Council President

  John Clendenen    
John Clendenen
Council Member