Chapter 10.10
TRAFFIC RULES

Sections:

10.10.010    State speed laws applicable.

10.10.020    Regulation of traffic signals.

10.10.030    Speed limit in alleys.

10.10.040    Speed limit in parks.

10.10.050    Driving past barricades or removal of barricades.

10.10.060    Turning markers.

10.10.070    Limitations on turning around.

10.10.080    Operation at railroad crossings.

10.10.090    Driver not to obstruct traffic.

10.10.100    Driving on sidewalks.

10.10.110    Limitations on operating in reverse.

10.10.120    Riding on motorcycles.

10.10.130    Use of coasters, roller skates.

10.10.140    Boarding or alighting from vehicles.

10.10.150    Unlawful riding.

10.10.160    Vehicles not to block streets.

10.10.170    Driving on play streets.

10.10.180    Projections from vehicles.

10.10.190    Operation of mini-bikes.

10.10.200    Vehicles restricted in business districts.

10.10.210    Truck routes.

10.10.220    Penalty.

10.10.010 State speed laws applicable.

The State traffic laws regulating the speed of vehicles shall be applicable on all streets within the City, except as the Common Council shall, from time to time, declare and determine on the basis of engineering and traffic investigations and upon recommendation of the Board of Public Safety that certain speed regulations shall be applicable on specified streets or in certain areas. In this event, it shall be a violation of this code for any person to drive a vehicle at a speed in excess of any speed so declared by the Common Council when signs are in place giving notice thereof. [1962 Code § 323.01; 1982 Code § 71.01; 1983 Code § 7.71.01.]

10.10.020 Regulation of traffic signals.

The Board of Public Safety is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner, and shall erect appropriate signs giving notice thereof. [1962 Code § 323.02; 1982 Code § 71.02; 1983 Code § 7.71.02.]

10.10.030 Speed limit in alleys.

No person shall drive a motor vehicle at a speed greater than five miles per hour in any alley in the City. [Ord. G-67-7, passed 5-15-67. 1962 Code § 323.03; 1982 Code § 71.03; 1983 Code § 7.71.03.]

10.10.040 Speed limit in parks.

No person shall drive a motor vehicle at a speed greater than 15 miles per hour in any public park in the City. [Ord. G-67-13, passed 8-21-67. 1962 Code § 323.04; 1982 Code § 71.04; 1983 Code § 7.71.04.]

Cross-references: Vehicular noise limitations, Chapter 9.30 EMC; vehicles prohibited on sidewalk parks, EMC 12.05.250.

10.10.050 Driving past barricades or removal of barricades.

(A) No person shall operate a motor vehicle around or past a barricade when such barricade indicates that there is “high water,” street closed,” “road closed,” “motor vehicles prohibited,” “do not enter,” “traffic prohibited,” or similar wording indicating that vehicles are prohibited, unless an authorized individual gives permission to drive past the barricade. Such authorized individual shall include, but not be limited to, any emergency personnel, City employee or official, or an official of a permittee authorized to close the street.

(B) If a person is authorized to drive past a barricade and the street is covered with water, such person shall drive at a slow speed so as to create a minimal or no wake or wave of water.

(C) No person shall cause the removal of a barricade except as authorized by or directed by a City official, City employee or City board.

(D) Penalty.

(1) If a person violates any provision of this section, such person shall be subject to a fine of $500.00 per violation.

(2) If a person violates this section and such violation results in physical injury to any person or damage to the property of another person, the fine shall be increased to $1,000 per violation. [Ord. G-2006-26, passed 12-27-06. 1983 Code § 7.71.05.]

10.10.060 Turning markers.

(A) The Board of Public Safety is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at the intersections, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of the indications. The markers, buttons, or other indications, when so placed pursuant to the authority of this section, shall supersede any other provisions of this traffic code.

(B) The Board of Public Safety is authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, and shall place proper signs at the intersections. The making of the turns may be prohibited between certain hours of any day and permitted at other hours, in which event it shall be plainly indicated on the signs or the signs may be removed when the turns are permitted.

(C) Whenever authorized signs are erected indicating that no right, left, or U-turn is permitted, no driver of a vehicle shall disobey the directions of the sign. [1962 Code §§ 325.02, 325.03, 325.04; 1982 Code § 71.10; 1983 Code § 7.71.10.]

10.10.070 Limitations on turning around.

The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction on any street in a business district, and shall not on any other street so turn a vehicle unless the movement can be made in safety and without interfering with other traffic. [1962 Code § 325.05; 1982 Code § 71.11; 1983 Code § 7.71.11.]

10.10.080 Operation at railroad crossings.

No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier in closed or is being opened or closed. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.02; 1982 Code § 71.20; 1983 Code § 7.71.20.]

10.10.090 Driver not to obstruct traffic.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.04; 1982 Code § 71.21; 1983 Code § 7.71.21.]

10.10.100 Driving on sidewalks.

The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.11; 1982 Code § 71.22; 1983 Code § 7.71.22.]

10.10.110 Limitations on operating in reverse.

The driver of a vehicle shall not operate the vehicle in reverse unless the movement can be made with reasonable safety and without interfering with other traffic. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.12; 1982 Code § 71.23; 1983 Code § 7.71.23.]

10.10.120 Riding on motorcycles.

A person operating a motorcycle shall not ride other than on the permanent and regular seat attached thereto or carry any other person, nor shall any other person ride on a motorcycle, other than on a firmly attached seat to the rear or side of the operator. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.13; 1982 Code § 71.24; 1983 Code § 7.71.24.]

10.10.130 Use of coasters, roller skates.

No person on roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go on any roadway except while crossing a street on a crosswalk. When so crossing, the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply to any street while set aside as a play street. [1962 Code § 313.05; 1982 Code § 71.25; 1983 Code § 7.71.25.]

10.10.140 Boarding or alighting from vehicles.

No person shall board or alight from any vehicle while the vehicle is in motion. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.16; 1982 Code § 71.26; 1983 Code § 7.71.26.]

10.10.150 Unlawful riding.

No person shall ride on any vehicle on any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.17; 1982 Code § 71.27; 1983 Code § 7.71.27.]

10.10.160 Vehicles not to block streets.

It shall be unlawful for the operator of any vehicle to operate the vehicle so as to willfully or negligently obstruct or unnecessarily or unreasonably use or occupy any public way, or in any case obstruct, use, or occupy any public way in such a manner as to prevent its use for purposes of travel. It shall be unlawful for the operator of any vehicle to stop the vehicle within a street intersection or on a crosswalk for the purpose of receiving or discharging passengers, except as provided for in EMC 10.15.080 or Chapter 12.05 EMC. [Ord. G-70-14, passed 9-21-70; Ord. G-66-13, passed 10-3-66. 1962 Code § 327.18; 1982 Code § 71.28; 1983 Code § 7.71.28.]

10.10.170 Driving on play streets.

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle on the street or portion thereof except drivers of vehicles having business or whose residences are within the closed area. Any driver shall exercise the greatest care in driving on any play street or portion thereof. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.20; 1982 Code § 71.29; 1983 Code § 7.71.29.]

10.10.180 Projections from vehicles.

No vehicle which has projecting therefrom any portion thereof or any device or thing which extends beyond the vehicle and which does or could constitute a hazard to persons or property shall be on any public street or alley in the City. A violation of this section is hereby declared to be a nuisance. [Ord. G-70-14, passed 9-21-70; Ord. 2665, passed 4-20-64. 1962 Code § 327.31; 1982 Code § 71.30; 1983 Code § 7.71.30.]

10.10.190 Operation of mini-bikes.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Mini-bike” means any two-wheeled, self-propelled vehicle which is not eligible to be licensed under the laws of the State and is not licensed thereunder.

(B) No person shall operate a mini-bike on the streets, alleys, sidewalks, or within the public parks of the City or on any of the property owned and operated as part of the levee system of the Evansville-Vanderburgh County Levee Authority District. Every person, firm, or corporation engaged in the sale of mini-bikes shall present to every person, firm, or corporation about to purchase a mini-bike in the City a statement of notice which shall be in duplicate and must be signed by the person, firm, or corporation about to purchase the mini-bike and which shall read as follows:

I, the prospective purchaser of a mini-bike in the City of Evansville, Indiana, hereby acknowledge that mini-bikes are subject to regulation by the City of Evansville and may not be operated upon public property in said City including the streets, alleys and sidewalks thereof, and that the only operation of said mini-bikes within the City of Evansville permitted on any public ways, where authorized by statute of the State of Indiana or the ordinances of the City of Evansville, shall be those vehicles eligible and licensed under the laws of the State of Indiana.

(C) A fully executed copy of the notice shall be sent by the vendor to the license office of the City within 30 days of the time of the sale. [Ord. G-70-14, passed 9-21-70. 1962 Code § 327.32; 1982 Code § 71.31; 1983 Code § 7.71.31.]

10.10.200 Vehicles restricted in business districts.

No person shall stop, stand, or park any vehicle in excess of a two-ton capacity for the purpose of loading or unloading merchandise or materials on any street or alley within a business district, except at established warehouses or terminals where the stopping, standing, or parking may be done without interfering with the movement of traffic. A truck of any capacity may stop, stand, or park for this purpose between the hours of 12:00 midnight and 7:00 a.m., if notice of intention to do so is given to the Chief of Police in sufficient time to protect the place where the truck is to be stopped or parked. [Ord. G-69-1, passed 11-3-69. 1962 Code § 329.01; 1982 Code § 71.40; 1983 Code § 7.71.40.]

10.10.210 Truck routes.

(A) Truck Routes. No person shall drive, operate, or cause to be driven or operated any truck with three or more axles, including the axles on an attached trailer, if any, on a street, alley, or City right-of-way except on truck routes as established by the Board of Public Safety. This provision shall not apply to trucks which for business purposes must travel to a location within the City which is not on a truck route so long as the driver is taking the shortest safe route between the closest established truck route and said location. It shall be a defense to this subsection that the gross vehicle weight, including the weight of an attached trailer, if any, is 15,000 pounds or less. Two copies of the designated truck routes shall be maintained in the office of the City Clerk.

(B) Restrictions on Vehicular Traffic.

(1) The Board of Public Safety is hereby authorized to prohibit, limit, or restrict vehicular traffic from or on any street, alley, right-of-way, or portions thereof, in the following instances:

(a) When the structural integrity of the roadway or subsurface may be threatened;

(b) For purposes of public safety;

(c) In order to preserve or protect surrounding property; or

(d) In order to promote the general welfare of the public including, but not limited to, preserving the peace, quietude, or residential characteristics of the area.

(2) It shall be a violation of this section to drive, operate, or cause to be driven or operated a vehicle in violation of a prohibition, restriction, or limitation imposed by the Board of Public Safety under this section.

(C) Notice of Vehicular Traffic Restrictions. The Board of Public Safety shall cause the appropriate signs, barricades, or markings to be installed or erected to give notice to drivers of vehicles of the prohibitions, restrictions, or limitations on vehicular traffic imposed under this section.

(D) Temporary Permits.

(1) The Board of Public Safety is hereby authorized to issue temporary permits to persons to lawfully use a street, alley, or right-of-way in a manner which would otherwise be in violation of this section when such usage is necessary, there is no threat to person or property, and there is no reasonable alternative available. No fee shall be charged for this permit. Such permit shall be for a period as determined by the Board of Public Safety but shall not exceed one year and may be renewed after review.

(2) The City Engineer is hereby authorized to issue such temporary permits using the same criteria as used by the Board of Public Safety until such time as the matter may be taken to the Board of Public Safety for approval or denial. [Ord. G-88-19, passed 7-25-88; Ord. G-69-1, passed 11-3-69. 1962 Code §§ 329.02, 329.03; 1982 Code § 71.41; 1983 Code § 7.71.41.]

10.10.220 Penalty.

Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 10.05.200. [1983 Code § 7.71.99.]