Frequently Asked Questions

Motor Driven Cycle (MDC) Class A

Class A MDC complies with IC 9-19 and 49 CFR 571

• Financial responsibility (insurance) required.
  
• Indiana BMV registration with a MDC Class A plate.
  
• A written test and a modified motorcycle operation test are required to obtain this endorsement.
  
• Any valid driver’s license with an M/C endorsement or MC endorsement with a restriction to MDC Class A or M/C Learner’s Permit is required.
  
• Operator under 18 years of age, must wear eye protection and DOT approved helmet.
• Cannot carry package in hand.
  
• Headlamp must be illuminated while in operation.
  
• Must have headlamp, tail lamp, rear reflector and brake lamp.
  
• Driven on the far right of the roadway, except to turn left or pass.
  
• May not be driven on an Interstate Highway or sidewalk.
  
• In addition to the operator, one other passenger is permitted to be carried on the seat or saddle.

Motor Driven Cycle (MDC) Class B

Class B MDC not exceeding fifty (50) cubic centimeters

• No insurance required.
  
• Indiana BMV registration with a MDC Class B plate.
  
• A modest written BMV test is required covering traffic control devices, such as signage.
  
• Must have either a valid Indiana ID Card with a Class B MDC Endorsement OR a valid driver’s license (does not include a learner’s permit).
  
• May not be operated by a person less than 15 years of age.
  
• Operator under 18 years of age, must wear eye protection and DOT approved helmet.
  
• Headlamp must be illuminated while in operation.
  
• Must have headlamp, tail lamp, rear reflector and brake lamp.
• Cannot carry package in hand.
  
• Driven on the far right of the roadway, except to turn left or pass.
  
• May not be driven on an Interstate Highway or sidewalk.
  
• May not be operated in excess of 35 miles per hour, even if the posted speed limit is greater.
  
• No passengers may be carried on a Class B MDC.

Yes

Indiana Code 9-21-11: Bicycles & Motorized Bicycles

• A bicycle can not be used to carry more persons at one time than the number for which the bicycle is designed and equipped.
• A person upon a bicycle, a coaster, roller skates, or a toy vehicle may not attach the bicycle, coaster, roller skates, or toy vehicle or the person to a street car or vehicle upon a roadway.
• A person who rides a bicycle may not carry a package, a bundle, or an article that prevents the person from keeping both hands upon the handlebars.
• A person may not ride a bicycle unless the bicycle is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.  A bicycle may not be equipped with and a person may not use upon a bicycle a siren or whistle.
• A bicycle operated on a highway from one-half hour after sunset until one-half hour before sunrise must be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp on the rear exhibiting a red light visible from a distance of 500 feet to the rear or a red reflector visible from a distance of 500 feet to the rear.
• A bicycle must be equipped with a brake that will enable the person who operates the bicycle to make the braked wheels skid on dry, level, clean pavement.

MOVE OVER, SLOW DOWN

Do you know about Indiana's Move over Laws?

To protect emergency and highway personnel, Indiana law requires motorists to approach cautiously when an emergency vehicle is stopped on two or four lane roadways with emergency lights flashing.

Change lanes away from the emergency vehicle if you can do so safely. If not, reduce your speed 10 mph under the posted speed limit and proceed with caution. Motorists should NOT STOP in the roadway, this may cause a chain reaction rear end collision with other vehicles. Do MOVE OVER and/or SLOW DOWN. As you are driving, plan well ahead by watching for these vehicles:

• Police vehicles
• Ambulances
• Fire trucks and rescue equipment
• Highway incident-response vehicles
• Highway maintenance vehicles
• Utility service vehicles (effective July 1, 2010)
• Vehicle recovery equipment (tow trucks)

Violating the law can result in a fine and your license will be suspended up to 2 years if you cause damage to emergency equipment, injury or death to an emergency worker.

Even though Indiana's Move Over Laws state that motorists must move over and yield for only emergency vehicles, drivers should always be courteous to those who are broken down on the shoulder. Give them room so that they can safely repair their vehicles. Be a courteous driver and help prevent tragedies..

Only when passing another vehicle or preparing to turn left, otherwise a driver is required to drive in the right lane.

IC 9-21-8-2

Roadways; use of right half; exceptions; traveling at reduced speeds

Sec. 2. (a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing.
(2) When the right half of a roadway is closed to traffic under construction or repair.
(3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable to a roadway divided into three
(3) marked lanes.
(4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways, a vehicle proceeding at less than the normal speed of traffic at the time and place under the conditions then existing shall be driven:
(1) in the right-hand lane then available for traffic; or
(2) as close as practicable to the right-hand curb or edge of the roadway;
except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) Upon all roadways, a motor driven cycle shall be driven as close as practicable to the right-hand curb or edge of the roadway except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway

COUNTY ORDINANCE

DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COUNTY. All unincorporated areas of Warrick County, Indiana.
OPEN BURN. The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.
PERSON. Any individual, firm, partnership, corporation, association, society or other entity.
WOOD PRODUCTS. Material consisting of, or wholly derived from, wood or vegetation.
(BC Ord. 2008-10, passed 12-17-08)

133.02 ALLOWANCE OF OPEN BURNING BY STATE LAW.

I.C. 13-17-9 and 326 IAC 4-1-3, as amended from time to time, allow various types of open burning, and this chapter supplements, but does not replace, the state statutes and state regulations on open burning.
(BC Ord. 2008-10, passed 12-17-08)

133.03 OPEN BURNING PROHIBITED.

(A) No person may openly burn in the county, except as allowed by this chapter or otherwise allowed by state law or regulation.
(B) After giving all notice required by state law, the Board of Commissioners may act to protect the public safety and welfare by declaring an open burn emergency.
(1) The declaration of open burn emergency may contain an expiration date or be continued until revoked by the Board.
(2) The restrictions imposed by the emergency may be limited to specific portions of the county, or may be limited to particular times of the day.
(3) Subject to Indiana and federal law, no person shall set, start, or attempt to set or start, an open burn within the county during the duration of a declared emergency, unless a permit has first been obtained from a local fire department within the county, and the permit is within the possession of the person or entity attempting to set or start such open burn.
(BC Ord. 2008-10, passed 12-17-08)
Penalty, see 133.99

133.04 EXCEPTIONS.

(A) Open burning of wood products, except for leaves, shall be allowed for the following:
(1) School pep rallies;
(2) Fires used for cooking purposes;
(3) Fires used in scouting activities;
(4) Any allowed open burning of wood products as provided for by state law and state regulation; and
(5) Upon permit from a local fire department within the county.
(B) Except as allowed by state law and regulation, open burning of non-wood products shall be allowed pursuant to a permit issued by the Indiana Air Pollution Control Board, the Indiana Department of Environmental Management, and a permit by the Board of Commissioners.
(BC Ord. 2008-10, passed 12-17-08)

133.05 GENERAL REQUIREMENTS.

All allowable open burning shall conform to this section, unless exempted by the Board of Commissioners, state law or federal law:
(A) A person who open burns any material shall extinguish the fire if it creates a nuisance or fire hazard.
(B) Burning may not be conducted during unfavorable meteorological conditions such as high winds, temperature inversions, or air stagnation.
(C) All fires must be attended at all times during burning until completely extinguished.
(D) All asbestos-containing materials must be removed before the burning of a structure.
(E) Asbestos-containing materials may not be burned.
(F) All burning must comply with state and federal laws.
(BC Ord. 2008-10, passed 12-17-08) Penalty, see 133.99

133.06 ENFORCEMENT.

The county may bring an action for an injunction, as prescribed by state law, to obtain an order restraining or enjoining continuing violations of this chapter.
(BC Ord. 2008-10, passed 12-17-08)

133.99 PENALTY.

(A) Any person who violates any provision of this order shall be deemed guilty of a violation and, upon conviction, shall be fined pursuant to the following schedule:
(1) First offense in a calendar year: $50;
(2) Second offense in a calendar year: $100; and
(3) Third offense in a calendar year: $150.
(B) Each day that a violation occurs constitutes a separate offense.
(BC Ord. 2008-10, passed 12-17-08)

STATE STATUTE

IC 13-17-9
Chapter 9. Open Burning
IC 13-17-9-1
Open burning of certain vegetation and wood items; no permit
required
Sec. 1. (a) Subject to section 3 of this chapter, a person may open
burn the following for maintenance purposes:
(1) Vegetation from:
(A) a farm;
(B) an orchard;
(C) a nursery;
(D) a tree farm;
(E) a cemetery; or
(F) a drainage ditch.
(2) Vegetation from agricultural land if the open burn occurs in
an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside
by a county highway department.
(4) Wood products derived from the initial clearing of a public
utility right-of-way if the open burn occurs in an unincorporated
area.
(5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly
wooden structure originally located on real property;
located in an unincorporated area.
(b) A person who is allowed to open burn under subsection (a) is
not required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire
department before conducting the open burning

DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ATV ROADS:
All country roads and highways outside of any town or city, except “Restricted Roads”.

• OFF-ROAD VEHICLE.

(1) For purposes of I.C. 14-16-1, means a motor driven vehicle of at least four wheels capable of cross-country travel
(a) Without benefit of a road; and
(b) On or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.

• OFF-ROAD VEHICLE

(2) does not include a snowmobile, any other vehicle properly registered by the Bureau of Motor Vehicles, any watercraft that is registered under Indiana statutes, or a golf cart vehicle.

OPERATOR:
An OPERATOR of an off-road vehicle must be at least 18 years of age and possess a valid driver’s license pursuant to I.C. 14-16-1-20(c).

RESTRICTED ROADS.
(1) Those roads and highways in the following described area of the county: Starting the point of beginning, being a point at the southwestern corner of Warrick County, which is a point formed by the intersection of the Ohio River and the western boundary of the county; then running in a northernly direction along the western border of Warrick County to State Road 62; then running east along State Road 62 to State Road 61; then running south along State Road 61 to State Road 66, and then directly south to the Ohio River; then running in a westerly direction along the Ohio River to the Point of Beginning.
(2) Yankeetown Road from the Boonville city limits to State Road 66.
(3) Any road or highway posted by the Board of Commissioners or its designee for non-use by off-road vehicles.
(BC Ord. 2009-04, passed 5-18-09)

73.02 USE AND OPERATION ON COUNTY ROADS AND HIGHWAYS.
(A) Operators of off-road vehicles may use ATV roads, as those terms are defined in § 73.01, subject to the terms and conditions of this chapter.
(B) Off-road vehicles may not be operated on restricted roads, except that farmers may operate off- road vehicles, for farm production purposes, on ATV roads or restricted roads.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.99

73.03 REGISTRATION REQUIREMENTS.
Off-road vehicles must be registered under I.C. 14-16-1-8, as amended.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.99

73.04 HEADLIGHTS, TAILLIGHTS, BRAKES AND PENNANT.
The off-road vehicle must meet those standards of headlights, taillights, and brakes required under I.C. 14-16-1-21. In addition, the off-road vehicle operated on a county roadway or highway pursuant to this chapter must have an orange pennant or flag at least 12 inches but not more than 24 inches long, affixed to a staff or pole measuring at least four feet but not more than 10 feet in height. The pole or staff height shall be measured from the top of the seat.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.99

73.05 STATUTORY RESTRICTIONS ON USE.
Nothing in this chapter modifies, alters or changes the restrictions on operation established under I.C. 14-16-1-23.
(BC Ord. 2009-04, passed 5-18-09)

73.06 DUTIES IN EVENT OF ACCIDENT.
Nothing in this chapter modifies, alters or changes the duties under I.C. 14-16-1-24 placed on the operator of an off-road vehicle in the event of an accident.
(BC Ord. 2009-04, passed 5-18-09)

73.07 LIABILITY INSURANCE.
An operator operating an off-road vehicle on a county highway or roadway shall have liability insurance specifically for such off-road vehicle in accordance with the minimum insurance required for the operation of other motor vehicles on public highways, in the minimum amount of $25,000 per person/$50,000 per accident.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.99

73.08 POSSESSION OF REGISTRATION AND CERTIFICATE OF INSURANCE.
Any operator of an off-road vehicle shall carry on his or her person any registration required under I.C. 14-16-1 and the certificate of insurance required under this chapter for the off-road vehicle being operated.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.99

73.09 RESTRICTION ON OPERATION BETWEEN 10:00 P.M. AND 6:00 A.M.
In furtherance of the restriction established under I.C. 14-16-1-23(a)(7) prohibiting the operation of off- road vehicles within 100 feet of a dwelling between midnight and 6:00 a.m., an off-road vehicle may not be operated on any county roads or highways, outside the corporate limits of any town or city, between 10:00 p.m. and 6:00 a.m.
(BC Ord. 2009-04, passed 5-18-09)

73.10 OTHER LAWS AND REGULATIONS.
Nothing in this chapter modifies, alters or changes the requirements of the operation of vehicles on public roadways in Indiana, and all operators of off-road vehicles must obey and follow all rules and regulations applicable to the operation of vehicles on roadways in Indiana.
(BC Ord. 2009-04, passed 5-18-09)

73.11 DISTURBANCE OF ROADWAY.
No person shall operate an off-road vehicle on Warrick County highways in such a manner which causes damage to the roadway or highway or disturbs the surface of the roadway or highway. Any violator of this section, in addition to such penalties set forth in § 73.99 below, shall be responsible for all costs of repair of such damage or disturbance.
(BC Ord. 2009-04, passed 5-18-09) Penalty, see § 73.99

73.12 EMERGENCIES.
Any county or state law enforcement officer may prohibit operation of an off-road vehicle on a county highway or roadway during emergencies.
(BC Ord. 2009-04, passed 5-18-09)

73.13 ENFORCEMENT.
All law enforcement officers in the county shall have the power and it shall be their duty to enforce the provisions of this chapter unless otherwise prevented by state statutes regarding the enforcement of state laws.
(BC Ord. 2009-04, passed 5-18-09)

73.99 PENALTY.
(A) Any person who violates any provision of this chapter shall be deemed guilty of a violation and, upon conviction, shall be fined pursuant to the following schedule:
(1) First offense in a calendar year: $50.
(2) Second offense in a calendar year: $100.
(3) Third offense in a calendar year: $150.
(B) Each day that a violation occurs constitutes a separate offense.
(BC Ord. 2009-04, passed 5-18-09)

Warrick County has now adopted a noise ordinance prohibiting loud or excessive noise that would constitute a nuisance. Therefore, when we receive complaints of loud noise, loud music, etc., we now have options open to us to enforce the new county ordinance, including and up to a disorderly conduct type of charge potentially could be filed.

NOISE ORDINANCE

People frequently call the Sheriff's Office wanting a Deputy to accompany them to a residence to retrieve or recover personal property. This will generally consist of clothing and toiletries. We will try to assist people at the time they call in, if the property exchange or retrieval can be handled in short amount of time (15-30 minutes or less). If it will take longer than that, then the parties involved will need to get a court order so he/she may arrange for a Deputy to come in at a prearranged time to handle the matter.

The sole purpose of the Deputy will be TO KEEP THE PEACE. Any property over which ownership is in dispute will remain with the person who has it until a Judge orders otherwise, regardless of any receipts or paperwork showing who purchased the article.

If there is a protective order in place between the parties, then officers WILL NOT accompany the caller to the residence or stand by to keep the peace, unless there is a provision in the order directing the Sheriff or his Deputy to do so.

Copies of completed accident reports, case reports, etc. are available for a fee of $5.00 per report (this is a State mandated fee). Requests may be made by mail (self addressed stamped envelope are required when ordering by mail) or in person, with the fee payable prior to receipt of the copies. Cash, checks or money orders are accepted (when paying by cash please bring the exact amount of money needed to pay the fees because change cannot be given).

Only copies of those cases or accidents worked by the Warrick County Sheriff's Office are available. It would be advisable to contact the office by phone to confirm that the report is complete and available.

* Effective July 1, 2006 at the fee for report copies has increased to $5.00 per report.

The Sheriff's Office frequently receives requests to perform what we term a "Welfare Check" on another person. These generally occur when people are unable to reach a family member or close friend in Warrick County and are concerned about the personal health and welfare of that person.

A Deputy will be dispatched to the address provided by the caller to see if contact can be made with the person in question. If contact is made, and if deemed appropriate and necessary, the Deputy will conduct a brief, cursory and informal investigation to determine the physical and/or mental health and well being of the person, without violating his or her privacy rights. The Deputy or Dispatcher will then re-contact the caller to provide information on what was learned.

Another frequent request is one from a parent for a Deputy to check on the "welfare" of minor children in the permanent or temporary custody of the other parent. The Sheriff's Office will generally agree to make one (1) such welfare check on the children, provided the parent making the request can provide specific reasons based on facts that the welfare of the minor children is somehow being jeopardized. One parent WILL NOT use us, as a tool to harass or intimidate the other parent because of a custody issue or dispute that remains unresolved by the courts.

Only in cases of an EMERGENCY, such as a small child being locked inside a vehicle, can the Sheriff's Office send someone to assist with gaining entry to your personal vehicle.

Our deputies do not carry any unlocking tools in their patrol cars, and the potential liability for property damage will not allow us to unlock personal vehicles.

In non-emergency cases, you would need to call a professional locksmith or tow service to assist in gaining entry into your vehicle.

From time to time the Sheriff's Office is asked to intervene and settle real estate disputes concerning property line boundaries. These are private, civil matters between the parties involved. A Judge must settle this matter in court if the parties cannot agree among themselves.

Officers cannot examine property deeds or survey documents or landmarks to determine or settle property boundary disputes.

If for some reason a written report is required, it will be for informational purposes only, but that must be the extent of our involvement in these issues.

Of course, if a court issued orders requiring the Sheriff's Office to perform some act or function relating to a property dispute, we would follow the order of the court.

Yes.

Expired or unused medications can be brought in to the Sheriff's Office during regular business hours to be properly disposed of.
(Monday - Friday, 8:00 a.m. - 4:00 p.m.)

We will not take sharps though. (No Needles Please)