Chapter
CHAPTER 70: GENERAL PROVISIONS
Section
70.02
Required obedience to traffic directions
70.03
Powers and duties of Police Department
70.04
Authority for enforcement
70.06
Authority to erect signs
70.16
Establishment and maintenance of traffic-control devices
70.18
Interference with signals
70.19
Unauthorized signals or markings
70.21
Temporary control of devices
For the purpose of this title the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
"AUTHORIZED EMERGENCY VEHICLES."
(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.
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.
(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
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.
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)
Section
Operation Generally
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.23
Standards for issuance of permit
7l.24
Notice of rejection of permit
7l.25
Appeal procedure when permit denied
7l.27
Notice to city and other officials when permit issued
7l.30
Public conduct during parades
OPERATION GENERALLY
(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
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
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.