TITLE VII: TRAFFIC CODE

(1) Vehicles of the Fire Department, police vehicles, and ambulances and other emergency vehicles operated by or for hospitals, or health and hospital corporations under to IC l6-l2-2l.

(2) Vehicles other than ambulances which are owned by persons, firms, or corporations other than hospitals, and are used in emergency service, may be designated as emergency vehicles if such vehicles are authorized to operate as such by the State Department of Highways.

(3) Motor vehicles that are approved by the Indiana Emergency Medical Services Commission that are:

(a) Ambulances that are owned by persons, firms, or corporations other than hospitals; or

(b) Not ambulances and provide emergency medical services as defined in IC l6-l-39-2.

(IC 9-4-l-2(d))

"BOULEVARD." Any legally designated street at which cross traffic is required to stop before entering or crossing such boulevard.

"BUSINESS DISTRICT." The territory contiguous to and including a highway when 50% or more of the frontage thereon for a distance of 500 feet or more is occupied by buildings in use for business. (IC 9-4-l-l8(a))

"CHIEF POLICE OFFICER." The Chief of Police, Marshal, or other person or persons authorized by the legislative body to direct the implementation and enforcement of the provisions of this traffic code.

"CROSSWALK."

(l) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway;

(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

(IC 9-4-l-l6)

"CURB." The boundary of that portion of the street used for vehicles whether marked by curbstones or not.

"INTERSECTION."

(l) The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart then every crossing of two roadways of such highway shall be regarded as a separate intersection.

(IC 9-4-l-l5)

"OFFICIAL TRAFFIC-CONTROL DEVICES." All signs, signals, warnings, directions, markings, and devices placed or erected or maintained by authority of the chief police officer.

"ONE-WAY STREET." A street on which vehicles are permitted to move in one direction only.

"OPERATOR." Every person who drives or is in actual physical control of a vehicle. (IC 9-4-l-ll(c))

"PARK." When applied to vehicles, to leave a vehicle standing, whether occupied or not, for a period of time longer than is necessary to receive or discharge passengers or property.

"PEDESTRIAN." Any person afoot. (IC 9-4-l-ll(b))

"PLAY STREET." Any street or portion thereof so designated by the chief police officer and reserved as a play area for children, from which all traffic is barred, except vehicles to and from abutting properties.

"POLICE DEPARTMENT." The Police Department or other persons or agency authorized to perform the duties of ' 70.03 or any other acts necessary to implement and enforce this traffic code.

"PUBLIC WAY." The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"REVERSE TURN." To turn a vehicle on any street in such a manner as to proceed in the opposite direction.

"RIGHT-OF-WAY." The privilege of the immediate use of the highway.

"ROADWAY." That portion of a highway improved, designed, or ordinarily used for vehicular travel.

"SIDEWALK." That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

"STOPPING." As applied to vehicles, to stop a vehicle longer than is actually necessary to receive or discharge passengers.

"STREET" or "HIGHWAY." The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (IC 9-4-l-l4(a))

"TRAFFIC." Pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together while using any street for the purposes of travel. (IC 9-4-l-20)

"VEHICLE." Every device in, on, or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. (IC 9-4-l-2(a))

' 70.02 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.

(A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction given by a

uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic code.

(B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of the United States government, this state, county, or municipality, and it shall be unlawful for any such driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by state statute.

(C) Every person propelling any pushcart or riding a bicycle or an animal on any roadway, and every person driving any animal on any roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application.

Penalty, see ' 70.99

' 70.03 POWERS AND DUTIES OF POLICE DEPARTMENT.

It shall be the duty of the Police Department to direct all traffic in conformance with this traffic code and to enforce the traffic regulations as set forth in this traffic code, to make arrest for traffic violations, to investigate accidents, and to cooperate with other officers of the municipality in the administration of the traffic laws, and in developing ways and means to improve traffic conditions.

' 70.04 AUTHORITY FOR ENFORCEMENT.

Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic code and to make arrests for traffic violations is given to the Police Department, and, except in case of emergency, it shall be unlawful for any other person to direct or attempt to direct traffic by voice, hand, whistle, or any other signal.

Penalty, see ' 70.99

' 70.05 TEMPORARY REGULATIONS.

When required for the convenience and safety of the public and to alleviate unusual traffic problems, the chief police officer shall, at his discretion, have authority to impose such traffic regulations as he may deem necessary for temporary periods not to exceed two weeks. If these temporary regulations are necessary for a period longer than two weeks, the Clerk-Treasurer shall be notified in writing of the extended order.

' 70.06 AUTHORITY TO ERECT SIGNS.

(A) The chief police officer is authorized and required to mark with proper signs and signals such major and through streets as have been or may hereafter be so designated by ordinances enacted by the legislative body.

(B) The chief police officer is authorized and required to erect and maintain suitable signs for the designation of one-way streets.

TRAFFIC-CONTROL DEVICES

' 70.l5 SIGNAL LEGENDS.

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored lighted arrows successively, one at a time or in combination, only the colors green, red, or yellow may be used, except for special pedestrian signals under IC 9-4-l-36, and the lights indicate and apply to drivers of vehicles and pedestrians as follows:

(A) Green indication:

(l) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left, unless a sign at such place prohibits either turn;

(2) Vehicular traffic, including vehicles turning right or left, shall yield right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent sidewalk at the time such signal is exhibited;

(3) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time;

(4) Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; and

(5) Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(B) Steady yellow indication:

(l) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated and that a red indication will be exhibited immediately thereafter; and

(2) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian may start to cross the roadway at that time.

(C) Steady red indication:

(l) Vehicular traffic facing a steady circular red signal alone shall stop at clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in division (C) (2);

(2) Except when a sign is in place prohibiting such a turn, vehicular traffic facing a steady red signal, after coming to a complete stop, may cautiously enter the intersection to:

(a) Make a right turn; or

(b) Make a left turn if turning from the left lane of a one-way street into another one-way street with the flow of traffic; but such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection; and

(3) Unless otherwise directed by a pedestrian-control signal under IC 9-4-l-36, pedestrians facing a steady circular red signal alone shall not enter the roadway.

(D) No indication or conflicting indications:

(l) Vehicular traffic facing an intersection having a signal that displays no indication or conflicting indications, where no other control is present, shall stop before entering the intersection; and

(2) After stopping, vehicular traffic may proceed with caution through the intersection and shall yield the right-of-way to traffic within the intersection, or approaching so closely as to constitute an immediate hazard.

(E) Nonintersection installations: the provisions of this section apply to traffic-control signals located at a place other than an intersection except those provisions which by their nature have no application. Any stop required under this division must be made at the signal except when the signal is supplemented by a sign or pavement marking indicating where the stop must be made.

(IC 9-4-l-35)

' 70.l6 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.

The chief police officer shall determine the character of all official traffic-control devices and shall have the exclusive right to establish and maintain all official traffic-control devices in the municipality when and as required under this traffic code, and may place and maintain such additional traffic-control devices as he may deem necessary. All traffic-control devices shall be the same

general type and all such traffic devices employed to indicate one particular warning or regulation shall be uniform and as far as possible shall be placed uniformly.

' 70.17 OBEDIENCE TO SIGNALS.

(A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the municipality, or any electric signal, gate, or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for such barrier or sign shall be approved by the chief police officer.

(B) Such sign, signal, marking, or barrier shall have the same authority as the personal direction of a police officer.

Penalty, see ' 70.99

' 70.18 INTERFERENCE WITH SIGNALS.

No person shall without authority attempt to or in fact alter, deface, injure, knock down, or remove any official control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any part thereof.

Penalty, see ' 70.99

' 70.19 UNAUTHORIZED SIGNALS OR MARKINGS.

(A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal. No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal bearing any commercial advertising.

Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign whose placing has been approved by the chief police officer.

(B) Every such prohibited sign, signal, or marking is declared to be a public nuisance and the chief police officer is empowered forthwith to remove it or cause it to be removed.

Penalty, see ' 70.99

' 70.20 DEFECTIVE DEVICES.

No provision of this traffic code for which signs are required shall be enforceable against an alleged violator if at the time and

place of the alleged violation the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily observant person. However, when any particular section of this traffic code does not state that signs are required, such section shall be effective without signs being placed to give notice thereof.

' 70.21 TEMPORARY CONTROL OF DEVICES.

In any emergency any police officer may at his discretion disregard traffic-control lights or signals or established regulations in order to facilitate the movement of traffic.

' 70.99 GENERAL PENALTY.

Whoever violates any provision of this traffic code where no other penalty is specifically provided shall be fined not more than $100. Citations issued for violations of any parking ordinance shall provide a penalty of $25 if paid within 72 hours of the issuance of said citation and $50 if paid later than 72 hours after the issuance of said citation.

(Ord. 0001, passed 8-14-00)

CHAPTER 7l: TRAFFIC RULES

Section

Operation Generally

7l.0l Obstructing traffic

7l.02 Reverse or U turns

7l.03 Backing vehicles

7l.04 Vehicles crossing sidewalks

7l.05 Interference with fire equipment and operations

7l.06 Complete stops at stop signs

7l.07 Mufflers; unnecessary noises; horns

7l.08 Weight restrictions on highways

71.09 Vehicles on town property

Parades

7l.20 Definitions

7l.2l Permit required

7l.22 Application for permit

7l.23 Standards for issuance of permit

7l.24 Notice of rejection of permit

7l.25 Appeal procedure when permit denied

7l.26 Alternative permit

7l.27 Notice to city and other officials when permit issued

7l.28 Contents of permit

7l.29 Duties of permittee

7l.30 Public conduct during parades

7l.3l Revocation of permit

7l.99 Penalty

OPERATION GENERALLY

' 7l.0l OBSTRUCTING TRAFFIC.

(A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to create an obstruction thereof.

(B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be located at the intersection or crosswalk.

(C) Any intersection deemed by the chief police officer to be of special or critical importance to the movement of traffic shall be caused by him to be marked in such distinctive manner as to indicate such importance. Should the operator of any vehicle enter any intersection so marked when there is insufficient room on the other

side of the intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he shall be deemed to have violated this division rather than division (B) above.

Penalty, see ' 70.99

' 7l.02 REVERSE OR U TURNS.

No vehicle shall be turned so as to proceed in the opposite direction within an intersection or upon any street in a business district or where authorized signs are erected to prohibit the movement or at any other location unless the movement can be made with reasonable safety to other users of the street and without interfering with the safe operation of any traffic that may be affected by such movement.

Penalty, see ' 70.99

' 7l.03 BACKING VEHICLES.

It shall be unlawful for the operator of any vehicle to back the vehicle at any intersection for the purpose of executing a turning movement. A vehicle from any parking position shall be backed by the operator in such manner as to proceed on the same side of the roadway in the lawful direction of travel.

Penalty, see ' 70.99

' 7l.04 VEHICLES CROSSING SIDEWALKS.

(A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent or temporary driveway or by special permit from the chief police officer.

(B) It shall be unlawful for the operator of any vehicle to drive the vehicle out of any alley, driveway, building, or lot and across a sidewalk, or its extension across the alley, unless the vehicle has been brought to a complete stop immediately prior to crossing the sidewalk or its extension. On entering the roadway from the alley, driveway, or building the operator shall yield the right-of-way to all vehicles approaching on the roadway. The operator of any vehicle intending to cross a sidewalk and turn into an alley from the roadway may do so at low speed and with caution.

Penalty, see ' 70.99

' 7l.05 INTERFERENCE WITH FIRE EQUIPMENT AND OPERATIONS.

(A) No person shall drive any vehicle over fire hose except upon specific orders from the Chief of the Fire Department or other officers in charge where the hose is used.

(B) No person shall park any vehicle or otherwise cause any obstruction to be placed within l00 feet of the entrance to any fire

station or other place where fire apparatus is stored, or within ten feet of any fire hydrant or cistern.

(C) No unauthorized person with any vehicle shall follow within 600 feet of any apparatus belonging to the Fire Department, nor park any vehicle within 300 feet of a fire.

(Ord. 80l7, passed l-l2-8l) Penalty, see ' 7l.99

Cross-reference:

Voluntary Fire Department, see '' 33.30 through 33.35

' 7l.06 COMPLETE STOP AT STOP SIGNS.

It shall be unlawful for any person operating a motor vehicle to drive into or across any public street or highway in the town, along which there is erected a sign bearing the word "STOP" or words "STOP THRU STREET" without coming to complete stop before entering into or across the street or highway.

(Ord. passed l0-l3-3l) Penalty, see ' 7l.99

' 7l.07 MUFFLERS; UNNECESSARY NOISES; HORNS.

(A) Every motor vehicle using and being operated upon the streets and public ways of the town shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. No person shall use a muffler cut-out, by-pass, or similar device upon a motor vehicle using or being operated on the streets or public ways of the town.

(B) No person shall operate a motor vehicle on the streets or public ways of the town in such manner as to make, create, or maintain any loud, unnecessary, excessive, or unusual noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, quiet, or safety of others, whether such noise is caused by the unreasonable or unnecessary acceleration or racing of the engine of such motor vehicle or results from any other cause incident to the unreasonable operation of a motor vehicle.

(C) The sounding of any horn or signaling device on any automobile, motorcycle, motor vehicle, or other vehicle on any street or public place or other place within the corporate limits of the town except as a necessary warning of danger to persons or property is declared to be a nuisance and is thereby prohibited.

(Ord. 223, passed 2-9-59) Penalty, see ' 7l.99

' 7l.08 WEIGHT RESTRICTIONS ON HIGHWAYS.

(A) No vehicle or combination of vehicles, shall be operated or moved on any public highway within the town, when the total gross weight with load of such vehicle or combination of vehicles exceeds 24,000 pounds (l2 tons gross).

(B) (l) The Town Council, acting by and through the Town Clerk-Treasurer, is authorized upon proper application in writing upon good cause shown to grant permits for transporting heavy vehicles and loads or other objects, not conforming to the provisions of division (A) whenever in the discretion of the Clerk-Treasurer, the highway would not be seriously damaged thereby.

(2) Any such permit shall be issued for a single trip or for a definite period of time, not exceeding seven days; and such permit shall designate the route to be traversed and shall contain any other restrictions or conditions deemed necessary by the authority granting such permit for the proper protection of the highways within the town.

(3) Before such permit shall be issued, the applicant shall satisfy the Clerk-Treasurer or the Town Council of his responsibility to respond in damages for any injury to the highways or shall furnish satisfactory bond or other security in an amount and to the satisfaction of such issuing officer or body and such applicant shall agree to pay for all damage to the highways, if any such damage occurs as a result of any trip.

(4) Every such permit shall be carried in or on the vehicle or other object to which it refers and shall be open to inspection by any peace officer and it shall be a misdemeanor for any person to violate any terms or conditions of such permit.

(Ord. passed 3-l3-50) Penalty, see ' 7l.99

' 71.09 VEHICLES ON TOWN PROPERTY.

(A) No person shall operate a motor vehicle upon any public park, playground or any other property owned by the town, other than dedicated public roads, alleys or areas specifically designated for parking.

(B) The appropriate town officials shall give notice of the prohibition of operation of motor vehicles in areas prohibited by division (A) by posting signs as determined to be needed by the appropriate officials.

(C) The prohibition set forth in division (A) shall not apply to the lawful operation of police, fire, ambulance and/or other emergency or maintenance vehicles by the appropriate operators of such vehicles in their performance of their respective official duties.

(Ord. 0603, passed 6‑12‑06) Penalty, see ' 71.99

PARADES

' 7l.20 DEFINITIONS.

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

"CRUISING." The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.

"PARADE." Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the municipality, or "CRUISING" as defined herein.

"PARADE PERMIT." A permit required by this subchapter.

"PARKING LOT." Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers.

' 7l.2l PERMIT REQUIRED.

(A) No person or persons shall engage in, participate in, aid, form, or start any parade unless a parade permit has been obtained from the chief police officer.

(B) This subchapter shall not apply to:

(l) Funeral processions;

(2) Students going to and from school classes or participating in educational activities, providing the conduct is under the immediate direction and supervision of the proper school authorities;

(3) A governmental agency acting within the scope of its functions.

Penalty, see ' 70.99

' 7l.22 APPLICATION FOR PERMIT.

A person seeking issuance of a parade permit shall file an application with the chief police officer on forms provided by such officer.

(A) Filing period. An application for a parade permit shall be filed with the chief police officer not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade.

(B) The application for a parade permit shall set forth the following information:

(l) The name, address, and telephone number of the person seeking to conduct the parade;

(2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;

(3) The name, address, and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

(4) The date when the parade is to be conducted;

(5) The route to be traveled, the starting point, and the termination point;

(6) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;

(7) The hours when the parade will start and terminate;

(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park, or other public place proposed to be traversed;

(9) The location by street of any assembly area for the parade;

(l0) The time at which units of the parade will begin to assemble at any such assembly area or areas;

(ll) The interval of space to be maintained between units of the parade;

(l2) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file with the chief police officer a communication in writing from the person authorizing the applicant to apply for the permit on his behalf;

(l3) Any additional information which the chief police officer shall find reasonably necessary to a fair determination as to whether a permit should issue.

(C) There shall be paid at the time of filing an application for a parade permit a fee of $3.50.

Penalty, see ' 70.99

' 7l.23 STANDARDS FOR ISSUANCE OF PERMIT.

The chief police officer shall issue a permit when, from a consideration of the application and from other information obtained, he finds that:

(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(B) The conduct of the parade will not require the diversion of so great a number of police officers of the municipality to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the municipality;

(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the municipality other than that to be occupied by the proposed line of march and areas contiguous thereto;

(D) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;

(E) The conduct of the parade will not interfere with the movement of fire fighting equipment enroute to a fire;

(F) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute;

(G) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;

(H) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade.

Penalty, see ' 70.99

' 7l.24 NOTICE OF REJECTION OF PERMIT.

The chief police officer shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If he disapproves the application, he shall mail to the applicant within the three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of his action stating the reasons for his denial of the permits.

' 7l.25 APPEAL PROCEDURE WHEN PERMIT DENIED.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the legislative body. The appeal shall be taken within 30 days after notice. The legislative body shall act on the appeal within 30 days after its receipt.

' 7l.26 ALTERNATIVE PERMIT.

The chief police officer, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the chief police officer, file a written notice of his acceptance with the chief police officer. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.

' 7l.27 NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.

Immediately on the issuance of a parade permit, the chief police officer shall send a copy thereof to the following persons:

(A) The executive;

(B) The attorney for the municipality;

(C) The Fire Chief;

(D) The general manager or responsible head of each public utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

' 7l.28 CONTENTS OF PERMIT.

Each parade permit shall state the following information:

(A) Starting time;

(B) Minimum speed;

(C) Maximum speed;

(D) Maximum interval of space to be maintained between the units of the parade;

(E) The portions of the street, sidewalk, park, or other public place to be traversed that may be occupied by the parade;

(F) The maximum length of the parade in miles or fractions thereof;

(G) Such other information as the chief police officer shall find necessary to the enforcement of this subchapter.

Penalty, see ' 70.99

' 7l.29 DUTIES OF PERMITTEE.

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading the activity shall carry the parade permit on his person during the conduct of the parade.

Penalty, see ' 70.99

' 7l.30 PUBLIC CONDUCT DURING PARADES.

(A) Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.

(B) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

(C) Parking on parade route. The chief police officer shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. The chief police officer shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unposted in violation of this subchapter.

Penalty, see ' 70.99

' 7l.3l REVOCATION OF PERMIT.

The chief police officer shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.

' 7l.99 PENALTY.

(A) Any person violating the provisions of ' 7l.05 shall, upon conviction, pay a fine of not less than $l0 nor more than $l00 for each offense.

(Ord. 80l7, passed l-l2-8l)

(B) Any person violating the provisions of ' 7l.06 shall, upon conviction, be fined in a sum not to exceed $25 for each offense.

(Ord. passed l0-l3-3l)

(C) Any person who violates any provision of ' 7l.07 shall, upon conviction, be fined not less than $5 nor more than $l00.

(Ord. 223, passed 2-9-59)

(D) Any person who violates the provisions of ' 7l.08 shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined for the first offense, in any sum not exceeding $l00; and for the second or other subsequent offense, in any sum not exceeding $500.

(Ord. passed 3-l3-50)

(E) Any person who violates the provisions of ' 71.09 shall, upon conviction, be fined not less than $100 nor more than $300 per offense.

(Ord. 0603, passed 6‑12‑06)

CHAPTER 72: PARKING REGULATIONS

Section

Parking Generally

72.0l Obstructional parking; double parking

72.02 Manner of parking

72.03 Limitations of stopping and parking

72.04 Restrictions and prohibitions on designated streets

72.05 Parking restricted to allow street cleaning

72.06 All-night parking

72.07 Parking on parade route

72.08 Parking on off-street facility

72.09 Owner responsibility

72.l0 Parking in parks

72.ll Display of parked vehicle for sale

72.l2 Parking prohibited on Lake Shore Drive

72.l3 Regulating open storage or parking of mobile homes and campers

Snow Emergency

72.30 Announcement of snow emergency

72.3l Termination of emergency

72.32 Snow emergency routes

72.99 Penalty

Cross-reference:

Abandoned vehicles, see Ch. 95

PARKING GENERALLY

' 72.0l OBSTRUCTIONAL PARKING; DOUBLE PARKING.

(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction, or hindrance in or on any street, alley, or sidewalk within the municipality either during the day or night.

(B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle stopped or parked at the edge or curb of a street.

Penalty, see ' 70.99

' 72.02 MANNER OF PARKING.

(A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a one-way street, the left-hand side shall be so parked, and except for commercial loading and unloading on one-way streets.

(B) No vehicle shall be parked or left standing on any street unless its two right wheels are within six inches of and parallel with the curb, except that on one-way streets where parking is permitted on the left side the two left wheels are to be within six inches of and parallel with the curb.

(C) No vehicle shall be backed to the curb on any street, except that wagons and trucks may do so when loading and unloading provided that such loading and unloading and delivery of property and material shall not consume more than 30 minutes. Such backing of trucks or wagons is prohibited at all times and on all streets in the city where any truck or wagon so backed interferes with the use of the roadway of moving vehicles or occupies road space within ten feet of the center line of the street.

(D) The chief police officer may establish diagonal parking at certain places, requiring the parking of vehicles at a certain angle to the curb and within a certain portion of the roadway adjacent thereto. However, diagonal parking shall not be established where the roadway space required therefore would be within ten feet of the center line of any street. The chief police officer shall designate such places by suitable signs, and shall indicate by markings on the pavement the required angle and the width of the roadway space within which such vehicle shall park.

(E) It shall be unlawful for the operator of any vehicle to so park such vehicle that any part thereof shall extend beyond the lines marking the side or the rear of the space assigned for one vehicle.

Penalty, see ' 70.99

' 72.03 LIMITATIONS OF STOPPING AND PARKING.

It shall be unlawful for the operator of any vehicle to stop or park such vehicle except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places:

(A) On the mainly-traveled portion of any roadway or on any other place in the roadway where vehicles stand in any manner other than as specified in ' 72.02.

(B) Within an intersection.

(C) On a sidewalk.

(D) Within four feet of a public or private driveway.

(E) Within eight feet of a fire hydrant.

(F) Within a crosswalk.

(G) Alongside or opposite any street excavation or obstruction when stopping or parking would obstruct traffic.

(H) Close enough to any railroad track so as to obstruct the movement of locomotives or cars.

(I) On that portion of public property located between the sidewalk and the curb-line of the street.

Penalty, see ' 70.99

' 72.04 RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.

(A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control devices.

(B) The provisions of this section imposing a time limit on parking shall not relieve any person from his duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specific places or at specified times.

(C) When signs are erected in compliance with the provisions of division (F) below giving notice thereof, no person shall park a vehicle at any time on any street so marked by official signs.

(D) When a curb has been painted in compliance with the provisions of division (F) below, no person shall park a vehicle at any time at or adjacent to any curb so marked.

(E) When signs are erected in compliance with the provisions of division (F) below, in each block giving notice thereof, no person shall park a vehicle between the hours specified by official signs on any day except Sundays on any street so marked.

(F) (l) The chief police officer shall determine on what streets or portions thereof stopping or parking shall be restricted or prohibited. Whenever under authority of or by this traffic code or any other ordinance any parking limit is imposed or parking is prohibited on designated streets, or parking areas are restricted to handicapped parking, it shall be the duty of the chief police officer to erect appropriate signs giving notice thereof. However, in lieu of erecting such signs or in conjunction therewith, the chief police officer may cause the face and top of a curb or curbs at or adjacent to which parking is prohibited at all times to be painted a solid yellow color.

(2) No such regulations or restrictions shall be effective unless the signs have been erected and are in place or the curbs are painted yellow at the time of any alleged offense, except in the case of those parking restrictions which by their very nature would not require such signs and markings.

(G) When signs are erected in compliance with division (F) above in each block giving notice thereof, no person shall park a vehicle for a time longer than specified on official signs any day except Sunday and on any street so marked.

Penalty, see ' 70.99

' 72.05 PARKING RESTRICTED TO ALLOW STREET CLEANING.

The chief police officer is authorized to designate daily street cleaning areas and he shall provide suitable signs and markings on the street to be cleaned, restricting parking on that particular day. It shall be unlawful for the operator of any vehicle to stop on any street so designated.

Penalty, see ' 70.99

' 72.06 ALL-NIGHT PARKING.

It shall be unlawful for anyone to park in any one place any vehicle on any of the public ways or streets of the municipality for a period of 24 hours or longer.

Penalty, see ' 70.99

Cross-reference:

Removal of abandoned vehicles, see Ch. 95

' 72.07 PARKING ON PARADE ROUTE.

(A) The chief police officer is authorized, whenever in his judgment it is necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade or procession, to erect temporary traffic signs to that effect, and to prohibit and prevent such parking.

(B) It shall be unlawful to park or leave unattended any vehicle in violation of such signs or directions.

Penalty, see ' 70.99

Cross-reference:

Parades, see '' 7l.20 through 7l.3l

' 72.08 PARKING ON OFF-STREET FACILITY.

It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the consent of the owner, lessee, or person in charge of any such property or facility. If at any time a vehicle is parked, abandoned, or otherwise trespasses in violation of the provisions of this section, a warrant may be obtained by the owner, lessee, or person in charge of the property or facility, and the Police Department, on written complaint of the owner, lessee, or person in charge, shall remove the vehicle or cause it to be removed.

Penalty, see ' 70.99

' 72.09 OWNER RESPONSIBILITY.

If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping, standing, or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.

Penalty, see ' 70.99

' 72.l0 PARKING IN PARKS.

It shall be unlawful for any person to park any motor vehicle in or on any section of any public park, playground, play lot, or tot lot within the municipality not designed as a parking area or designed and regularly maintained as a roadway. However, nothing contained in this section shall be construed as prohibiting the parking of a motor vehicle parallel to a designated and regularly maintained roadway in any such park or playground where at least two wheels of the motor vehicle are resting on such roadway.

Penalty, see ' 70.99

' 72.ll DISPLAY OF PARKED VEHICLE FOR SALE.

It shall be unlawful to park a motor vehicle displayed for sale or a motor vehicle on which demonstrations are being made on any street.

Penalty, see ' 70.99

' 72.l2 PARKING PROHIBITED ON LAKE SHORE DRIVE.

From each July l5 to each September l5 hereafter, it shall be unlawful for any person, firm, or corporation to park, leave standing, or leave unattended any automobile or motor vehicle on or upon Lake Shore Drive in the town, for a period of time exceeding ten minutes.

(Ord. passed 6-l-25) Penalty, see ' 72.99

' 72.l3 REGULATING OPEN STORAGE OR PARKING OF MOBILE HOMES AND

CAMPERS.

(A) No person shall store or park a mobile home, camper, trailer, or boat on the public streets or right-of-way or any other property owned by the town in excess of 24 hours.

(B) (l) Any member of the Police Department is authorized to issue a written demand to the owner of any mobile home, camper, trailer, or boat stored on public property described in division (A) above in the town, notifying such person to remove such vehicle from the property of the town, within ten days from the receipt of such notice.

(2) Upon the failure or refusal of such person to remove such vehicle within the time specified, the Police Department shall impound such mobile home, camper, trailer, or boat and cause it to be removed and impounded in any garage of such town or in any privately owned garage to be designated by the Chief Marshal of the Police Department. The owner or his authorized agent of any mobile home, camper, trailer, or boat so removed and so impounded may appear and claim such vehicle upon payment of all towing and storage fees.

(3) In the event such owner does not reclaim such mobile home, camper, trailer, or boat by paying all towing and storage fees within 30 days of removal, such mobile home, camper, trailer, or boat will be sold at public auction by the town. Any money received over the expenses of such removal and storage shall be returned to the owner.

(C) The powers given by the Police Department herein are intended in no way to abridge or void existing authority given to any other department of the town by ordinances now in effect.

(Ord. passed 2-8-7l) Penalty, see ' 72.99

SNOW EMERGENCY

' 72.30 ANNOUNCEMENT OF SNOW EMERGENCY.

(A) Whenever the chief police officer finds that falling snow, sleet, or freezing rain will create a condition which makes it necessary that the parking of motor vehicles on snow emergency routes be prohibited, or whenever he finds on the basis of a firm forecast of snow, sleet, or freezing rain that the weather conditions so forecasted may create a condition making it necessary that such parking be prohibited, he is authorized to announce such prohibition, to become effective at a time specified by him, but not less than one hour after such announcement. After the effective time of such prohibition no person shall park any vehicle or permit any vehicle to remain parked on a snow emergency route. However, if a fall of snow, sleet, or freezing rain occurs after ll:00 p.m. and prior to 6:00 a.m., and the chief police officer has not announced prior to ll:00 p.m. that parking on snow emergency routes is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until 7:00 a.m. following such fall. The prohibition of parking announced by the chief police officer under the authority of this section shall remain in effect until he announces the termination of the snow emergency, in part or in whole, after which the prohibition of parking authorized by this section shall no longer be in effect.

(B) Each snow emergency parking regulation announcement by the chief police officer shall be made between the hours of 6:00 a.m. and ll:00 p.m. by means of broadcasts or telecasts from not less than two radio or television stations with a normal operating range covering the municipality, and, if possible, also be made through newspapers of general circulation. Each such announcement shall state the time these snow emergency parking regulations become effective.

(C) The chief police officer shall make or cause to be made a record of the date and time when the announcement of a snow emergency parking regulation is first made to the public, and the date, time, and conditions of any announcements made to the public of the termination of each snow emergency parking regulation, either in part or in whole, in accordance with ' 72.3l.

Penalty, see ' 70.99

' 72.3l TERMINATION OF EMERGENCY.

Whenever the chief police officer shall find that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, he is authorized to declare the termination of the emergency, in part or in whole, effective immediately on announcement. If such announcement is made other than between 6:00 a.m. and ll:00 p.m., it shall be repeated between those hours.

' 72.32 SNOW EMERGENCY ROUTES.

The term "SNOW EMERGENCY ROUTE" shall mean any route designated by the chief police officer. On such street or highway designated as a snow emergency route, the chief police officer shall post special signs to this effect.

Penalty, see ' 70.99

' 72.99 PENALTY.

(A) Any person violating ' 72.l2 shall be fined not less than $l to which shall be added the costs of prosecution. (Ord. passed 6-l-25)

(B) Any person convicted of a violation of ' 72.l3 shall be fined in the sum of $25 and costs. (Ord. passed 2-8-7l)

CHAPTER 73: BICYCLES

Section

73.0l Purpose

73.02 Traffic laws to apply

73.03 Riding on roadways and bike paths

73.04 Operating bicycles at reasonable speeds

73.05 Attaching to vehicles

73.06 Carrying articles

73.07 Operating a bicycle

73.08 Parking

73.09 Riding on sidewalks

73.l0 Lights and equipment on bicycles

73.98 Violation

73.99 Penalty

' 73.0l PURPOSE.

In accordance with the recommendation of the Town Council, prompted by the public concern of the town, the town does, by this chapter, establish a procedure whereby all nonmotor operated bicycles shall be fit for operation and subject to the traffic laws and regulations of the town.

(Ord. passed 3-l3-72)

' 73.02 TRAFFIC LAWS TO APPLY.

(A) Every person, regardless of age, who rides a bicycle upon any street or public property of the town, shall be granted all the rights and rights-of-way of any other vehicle being operated on same.

(B) Such person shall be subject to all the rules and duties applicable on the streets or public rights-of-way in the town.