Chapter 10.05
GENERAL PROVISIONS

Sections:

10.05.010    Application of State law.

10.05.020    Definitions.

10.05.030    Application of title.

10.05.040    Exemptions for authorized emergency vehicles.

10.05.050    Authority of Police Department, Fire Department and school crossing guards.

10.05.060    Obedience required.

10.05.070    Removal of illegally stopped vehicles.

10.05.080    Forms and records.

10.05.090    Audit of records and reports.

10.05.100    Traffic-control devices – Authority to install.

10.05.110    Specifications.

10.05.120    Obedience required.

10.05.130    Enforcement.

10.05.140    Interference with official traffic-control devices.

10.05.150    Bypassing signals.

10.05.160    License required.

10.05.170    License plates.

10.05.180    Application.

10.05.190    Fee – Violation.

10.05.200    General penalty for this title.

10.05.010 Application of State law.

This traffic code shall be interpreted and construed in harmony with IC 9-4-1, and nothing herein shall be construed or interpreted to be in conflict therewith. [1962 Code § 301.38; 1982 Code § 70.01; 1983 Code § 7.70.01.]

10.05.020 Definitions.

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

“Alley” means any passage or way for public use by vehicles which service rear entrances to property.

“Authorized emergency vehicles” means:

(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 IC 16-12-21.

(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 as provided in this chapter. The department is authorized and empowered to designate and authorize the operation of such other emergency vehicles pursuant to any rules and regulations the department may prescribe.

(3) Motor vehicles that are approved by the State 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 16-1-39-2).

(4) Vehicles of the Department of Corrections that are (a) designated by the Department of Corrections as emergency vehicles; and (b) responding to an emergency. The Department of Corrections shall establish policies and procedures for the designation of departmental vehicles as emergency vehicles (IC 9-4-1-2).

“Bicycle” means any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground (IC 9-4-1-2).

“Bus” means every motor vehicle designed for carrying passengers for hire and used for the transportation of persons; and every motor vehicle other than a taxicab, designed and/or used for the transportation of persons for compensation (IC 9-4-1-4).

“Business district” means the territory contiguous to and including a highway when 50 percent or more of the frontage thereon for a distance of 500 feet or more is occupied by buildings in use for business (IC 9-4-1-18).

“Central business district” means all streets and portions of streets within the area bounded by Riverside Drive, Eighth Street, Walnut Street, and Court Street.

“Crosswalk” means 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; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface (IC 9-4-1-16).

“Driver” means every person who drives or is in actual physical control of a vehicle (IC 9-4-1-11).

“Freight curb loading zone” means a space adjacent to a curb for the exclusive use of trucks during the loading or unloading of freight.

“Intersection” means 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. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highway shall be regarded as a separate intersection (IC 9-4-1-15).

“Laned highway” means a highway, the roadway of which is divided into three or more clearly marked lanes for vehicular traffic (IC 9-4-1-14).

“Law enforcement officer” means a police officer, sheriff, constable, marshal, or prosecuting attorney; a deputy of any of those persons; an investigator for a prosecuting attorney; or a conservation officer (IC 35-41-1-17).

“Limited-access highway” means every highway, street, or roadway, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from it, except at those points only and in the manner determined by the public authority having jurisdiction over the highway, street, or roadway.

“Motor vehicle” means every vehicle except a motorized bicycle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated on rails (IC 9-4-1-2).

“Motorcycle” means a motor vehicle, except a farm tractor or a motorized bicycle, with motive power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground (IC 9-4-1-2).

“Official traffic-control devices” means all signs, signals, markings, and devices, including railroad advance warning signs, not inconsistent with this traffic code, placed or erected by authority of a public body, or by an official having jurisdiction, for the purpose of regulating, warning, or guiding traffic (IC 9-4-1-19).

“Park” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

“Passenger curb loading zone” means a space adjacent to a curb for the exclusive use of passenger vehicles during the loading or unloading of passengers.

“Pedestrian” means any person afoot (IC 9-4-1-11).

“Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons (IC 9-4-1-14).

“Railroad” means any road laid out and graded, having parallel rails of iron or steel for the wheels of carriages or cars to run, and on which a car is operated for the carriage of passengers or freight, without regard to the motive power by which its cars are propelled.

“Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars (IC 9-4-1-7).

“Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 500 feet or more is in the main improved with residences or residences and buildings in use for business (IC 9-4-1-18).

“Right-of-way” means the privilege of the immediate use of the highway (IC 9-4-1-21).

“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel (IC 9-4-1-14).

“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times when set apart as a safety zone (IC 9-4-1-17).

“School crossing guard” means a person at least 18 years of age designated by the Chief of Police and appointed by the Board of Public Safety to direct or regulate traffic by voice, hand, or other signal.

“Sidewalk” means 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 (IC 9-4-1-14).

“Stop” means the complete cessation of movement.

“Stop,” “stopping,” or “standing” means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic-control sign or signal.

“Street” or “highway” means 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 traffic (IC 9-4-1-14).

“Through highway” means every highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on the through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in IC 9-4-1.

“Traffic” means pedestrians, ridden or herded animals, street cars, vehicles, and other conveyances either singly or together while using any highway for purposes of travel (IC 9-4-1-20).

“Traffic-control signal” means any device, not inconsistent with this traffic code, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed (IC 9-4-1-19).

“Traffic Division” means the Traffic Division of the Police Department, or in the event a Traffic Division is not established, then the term, whenever used herein, shall be deemed to refer to the Police Department.

“Truck” means every motor vehicle designed, used or maintained primarily for the transportation of property (IC 9-4-1-4).

“Vehicle” means 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 9-4-1-2). [Ord. G-2018-18 § 1, passed 7-23-18; Ord. G-85-14, passed 4-8-85; Ord. 2665, passed 4-20-64. 1962 Code §§ 301.02 – 301.37; 1982 Code § 70.02; 1983 Code § 7.70.02.]

10.05.030 Application of title.

(A) Every person propelling any pushcart or riding an animal on a 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 which by their very nature can have no application.

(B) The provisions of this traffic code shall apply to the driver of any vehicle owned by, or used in, the service of the United States government, this State, County, or City.

(C) It shall be unlawful for any driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by State statute. [1962 Code §§ 313.04, 313.06; 1982 Code § 70.03; 1983 Code § 7.70.03.]

10.05.040 Exemptions for authorized emergency vehicles.

(A) The provisions of this traffic code regulating the operation, parking, and standing of vehicles shall apply to authorized emergency vehicles, as defined in EMC 10.05.020, except as follows. A driver, when operating any authorized emergency vehicle in an emergency, except when otherwise directed by a law enforcement officer, may do the following.

(1) Park or stand, notwithstanding the provisions of this traffic code.

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

(3) Exceed the maximum speed limits so long as he does not endanger life or property.

(4) Disregard regulations governing direction of movement or turning in specified directions.

(B) The exemptions herein granted to an authorized emergency vehicle shall apply only when such is making use of audible or visual signals meeting the requirements of law, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

(C) The foregoing provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. [1962 Code § 313.07; 1982 Code § 70.04; 1983 Code § 7.70.04.]

10.05.050 Authority of Police Department, Fire Department and school crossing guards.

(A) It shall be the duty of the officers of the Police Department or those officers assigned by the Chief of Police to enforce all traffic laws of this City and all State vehicle laws applicable to traffic in this City. It shall be the duty of the officers of the Police Department and any other persons authorized by the Board of Public Safety or the Chief of Police to direct or regulate traffic by voice, hand, or signal in conformance with traffic laws. In the event of a fire or other emergency, to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

(B) Officers of the Fire Department, when at the scene of a fire, may direct or assist the law enforcement officer in directing traffic thereat or in the immediate vicinity.

(C) School crossing guards shall be considered and declared to be an arm of the Police Department with the police power to enter streets or street intersections and to stop or to otherwise direct both vehicular and pedestrian traffic upon the street. School crossing guards are authorized to direct traffic at designated school crossing zones and the streets adjacent to areas of ingress or egress for schools during periods of arrival or departure of school children. In the event of a fire or other emergency, to expedite traffic or to safeguard pedestrians, school crossing guards may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. [Ord. G-2018-18 § 2, passed 7-23-18; 1962 Code § 313.01; 1982 Code § 70.15; 1983 Code § 7.70.15.]

10.05.060 Obedience required.

No person shall willfully fail or refuse to comply with any lawful order or direction of a law enforcement officer, Fire Department official, or school crossing guard. [Ord. G-2018-18 § 3, passed 7-23-18.]

10.05.070 Removal of illegally stopped vehicles.

(A) Members of the Police Department are authorized to remove a vehicle from a street or highway to a garage or other place of safety, or to a garage designated or maintained by the Police Department or otherwise maintained by this City under the following circumstances:

(1) When any vehicle is left unattended on any bridge, viaduct, or causeway, or in any tube or tunnel where the vehicle constitutes an obstruction to traffic.

(2) When a vehicle on a highway is so disabled as to constitute an obstruction to traffic, and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

(3) When any vehicle is left unattended on a street and is parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic.

(4) When any vehicle is improperly parked on any City-owned property.

(B) Whenever an officer removes a vehicle as authorized by subsection (A) of this section, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the officer shall immediately give or cause to be given notice in writing to the owner of the fact of the removal, the reasons therefor, and of the place to which the vehicle has been removed. In the event any vehicle is stored in a public garage, a copy of the notice shall be given to the proprietor of the garage.

(C) Whenever an officer removes a vehicle from a street under the provisions of this section, and does not know and is not able to ascertain the name of the owner of the vehicle or for any other reason is unable to give the notice to the owner as provided in subsection (B) of this section, and in the event the vehicle is not returned to the owner within a period of three days, then the officer shall immediately send or have sent a written report of the removal by mail to the State department whose duty it is to register motor vehicles, and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date, time, and place from which it was removed, the reasons for the removal, and the name of the garage or place where the vehicle is stored. [1962 Code § 313.10; 1982 Code § 70.17; 1983 Code § 7.70.17.]

10.05.080 Forms and records.

The City Clerk shall provide books to include traffic citation forms for notifying alleged violators to appear and answer to complaints of violating traffic laws and ordinances. The books shall include serially numbered sets of citations in quadruplicate in the form prescribed and approved jointly by the City Clerk and the City Attorney. The City Clerk shall issue these books to the Chief of Police or his duly authorized agent, shall maintain a record of every book so issued, and shall require a written receipt for every book. The Chief of Police shall be responsible for the issuance of the books to individual members of the Police Department. He shall require a written receipt for every book so issued and shall maintain a record of every book and each set of citations contained therein. [1962 Code § 313.11; 1982 Code § 70.18; 1983 Code § 7.70.18.]

10.05.090 Audit of records and reports.

Every record of traffic citations, complaints thereon, and warrants issued therefor required in this chapter shall be audited at least semiannually by the City Controller, who shall submit a written report of the audit together with a summary thereof to the Mayor and to the Common Council. These reports shall be public records. For the purposes of this section, the Controller or his duly authorized representative shall have access at all times to all necessary records, files, and papers filed with a court of law, the Traffic Violations Bureau, the City Clerk, and the Police Department. [1962 Code § 313.15; 1982 Code § 70.19; 1983 Code § 7.70.19.]

10.05.100 Traffic-control devices – Authority to install.

The Board of Public Safety shall have the power to place and maintain traffic-control signs, signals, and devices when and as required in order to regulate traffic. [1962 Code § 321.01; 1982 Code § 70.30; 1983 Code § 7.70.30.]

10.05.110 Specifications.

All signs and signals required by this traffic code for a particular purpose shall, so far as practicable, be uniform as to type and location throughout the City. All traffic-control devices so erected and not inconsistent with the provisions of State law or this traffic code shall be official traffic-control devices. [1962 Code § 321.02; 1982 Code § 70.31; 1983 Code § 7.70.31.]

10.05.120 Obedience required.

(A) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with this traffic code, unless otherwise directed by a law enforcement officer or any other person authorized by the Board of Public Safety or the Chief of Police to direct or regulate traffic, and subject to the exceptions granted the driver of an authorized emergency vehicle as provided by EMC 10.05.040.

(B) Whenever the driver of any vehicle approaches an intersection at which a traffic-control device has been installed but is not operating, the driver shall bring his vehicle to a complete stop before entering the intersection, and cautiously proceed into the intersection only after ascertaining that no other vehicles are in or approaching the intersection. Failure to stop as required in this subsection shall be prima facie evidence of negligence on the part of the operator of a vehicle. [Ord. G-68-3, passed 2-19-68. 1962 Code § 321.03; 1982 Code § 70.32; 1983 Code § 7.70.32.]

10.05.130 Enforcement.

No provision of this traffic code for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, the section shall be effective even though no signs are erected or in place. [1962 Code § 321.04; 1982 Code § 70.33; 1983 Code § 7.70.33.]

10.05.140 Interference with official traffic-control devices.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof. [1962 Code § 321.15; 1982 Code § 70.34; 1983 Code § 7.70.34.]

10.05.150 Bypassing signals.

Wherever there is a traffic-control device or signal, as defined in EMC 10.05.020, controlling traffic at any intersection, any vehicle approaching the intersection shall not avoid the control imposed by the device or signal by driving through adjacent property. [Ord. G-67-15, passed 11-6-67. 1962 Code § 321.16; 1982 Code § 70.35; 1983 Code § 7.70.35.]

10.05.160 License required.

No person shall operate or use any bicycle or motor-driven bicycle within the City without procuring a license therefor as provided in EMC 10.05.170 through 10.05.190. [1962 Code § 763.01; 1982 Code § 70.45; 1983 Code § 7.70.45.]

10.05.170 License plates.

The City Controller shall deliver to the licensee, after the receipt of any required fee, a license plate, tag, sticker, or other proper and official indication that the licensee has been licensed, of a size and design selected by the Controller. All licenses shall be numbered. A record containing the name of the licensee, the date issued, the amount paid if required, and the type of vehicle licensed shall be kept by the Controller. Each licensee shall immediately attach the license plate on the licensee’s vehicle in a conspicuous place and shall keep the license plate attached to the vehicle at all times during the period for which the license is issued. No person shall remove from any licensed vehicle any license plate without the consent of the owner of the vehicle or attach any license plate to any vehicle other than the one for which it is issued. No person shall place on any vehicle or sell to any person or have in his or her possession any counterfeit license plate. [Ord. G-2014-10 § 1, passed 6-26-14; Ord. 72-30, passed 9-25-72. 1962 Code § 763.02; 1982 Code § 70.46; 1983 Code § 7.70.46.]

10.05.180 Application.

(A) Bicycle owners shall, in applying for a license, furnish to the City Controller the name, address, and age of the owner, and the name and serial number of the bicycle to be licensed, together with any other descriptive or identification information deemed necessary by the City Controller.

(B) The owners of all other vehicles, when applying for a license for the vehicle, shall furnish to the Controller the name and address of the owner, the name, make, and model of the vehicle to be licensed, and any other descriptive and identification information desired by the Controller. [1962 Code §§ 763.04, 763.05; 1982 Code § 70.47; 1983 Code § 7.70.47.]

10.05.190 Fee – Violation.

(A) There is no fee for licensing a bicycle as long as the bicycle is not motorized.

(B) The fee for licensing a motor-driven bicycle shall be $1.00 per year. The Controller may choose to issue three-year licenses charging $3.00 if the license is purchased in the first year, $2.00 if the license is purchased in the second year, and $1.00 if the license is purchased in the third year.

(C) The Controller, upon the purchase, sale, exchange, or trade of a vehicle, may transfer a valid existing license to the new owner or the new vehicle upon receipt of a $0.75 transfer fee. Said transfer fee shall not be required for nonmotorized bicycles.

(D) It shall be a violation of this code to own or operate in the City limits a bicycle or motor-driven bicycle which does not display a valid license issued under EMC 10.05.160 through 10.05.180. [Ord. G-2014-10 § 2, passed 6-26-14; Ord. F-85-28, passed 11-18-85. 1982 Code § 70.48; 1983 Code § 7.70.48.]

10.05.200 General penalty for this title.

Any person who violates any provisions of this title shall be subject to the penalties set forth in EMC 1.05.180 unless another penalty is specifically provided. [1982 Code § 70.99; 1983 Code § 7.70.99.]