Chapter 10.10
GENERAL TRAFFIC RULES
Sections:
10.10.010 Maximum speed limits.
10.10.020 Special speed zones.
10.10.050 Vehicles driven on or over sidewalks.
10.10.090 One-way streets and alleys.
10.10.100 Left turns, right turns and U-turns.
10.10.115 No right turn when children are present.
10.10.120 Stop when traffic obstructed.
10.10.130 Deliveries on restricted streets by trucks.
10.10.140 Notice of funeral processions.
10.10.150 Construction truck traffic regulations/permits.
10.10.160 Driving over fire hoses on streets or driveways.
10.10.170 Operation of motor vehicle with an open beverage container.
10.10.010 Maximum speed limits.
The maximum speed limit on all streets within the town, pursuant to the engineering and traffic investigation of the traffic safety commission of the town, shall be 20 miles per hour, except as otherwise stated within this title. [Ord. 831, 1980. Code 1983 § 11-56; Code 2000 § 71.01].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.020 Special speed zones.
No driver of any vehicle shall exceed the prima facie speed limit upon those streets or portions thereof described in HMC 10.30.020, which speeds so declared therein shall be effective at all times when signs are erected giving notice thereof. The speed limits on state highways shown on the schedule are merely for reference and coordination with other speed zones and their inclusion therein shall not be deemed to modify any speed limit set by any state agency. [Code 1983 § 11-57; Code 2000 § 71.02].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.030 Passing by trucks.
It shall be unlawful for any person driving a motor truck to pass any other moving vehicle on the streets and highways set out in HMC 10.30.030. [Code 1983 § 11-58; Code 2000 § 71.03].
Penalty, see HMC 10.10.180.
Statutory reference: No passing zones, see IC 9-4-1-70.
10.10.040 Backing.
The driver of any vehicle shall not back such vehicle into an intersection or over a crosswalk and shall not in any event or at any place back a vehicle against the current of traffic, except to back into a parallel parking space or to back out of a designated angle parking place.
No vehicle shall be backed over a public sidewalk except where necessary. [Code 1983 § 11-59; Code 2000 § 71.04].
Penalty, see HMC 10.10.180.
10.10.050 Vehicles driven on or over sidewalks.
The driver of any vehicle shall not drive over any sidewalk area except at a permanent or temporary driveway. No vehicle shall be driven over or across the curb of any street except as above provided. [Ord. 1185 § 7, 2001. Code 2000 § 71.05].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.060 Through streets.
(A) Those streets and parts of streets designated in HMC 10.30.040 are hereby declared to be through streets for the purpose of this section. Through streets shall have the right-of-way over all other streets except intersecting through streets, in which case the state law governing right-of-way shall govern unless the right-of-way at said intersection is governed by traffic signals or stop signs under this chapter.
(B) Whenever any ordinance of this town designates and describes a through street, it shall be the duty of the street department to place and maintain a stop sign on each and every street intersecting such through street unless otherwise provided by this chapter. [Code 1983 § 11-61; Code 2000 § 71.06].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.070 Stop signs.
(A) When stop signs are erected upon streets intersecting a through street at the entrances thereto or at the entrance to any intersection designated in HMC 10.30.050, 10.30.060 and 10.30.070, every driver of a vehicle shall stop at every sign or at a clearly marked stop line before entering the intersection.
(B) When stop signs are erected upon all four streets at any intersection designated in HMC 10.30.070, every vehicle shall stop at every sign or at a clearly marked stop line before entering the intersection. The first vehicle reaching an intersection shall, after stopping, have the right-of-way to proceed. [Code 1983 § 11-62; Code 2000 § 71.07].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.080 Yield signs.
When yield right-of-way signs are erected at any intersection designated in HMC 10.30.090, every vehicle approaching said sign shall reduce its speed to 10 miles per hour and may proceed through said intersection if it can do so without danger of collision with any vehicle approaching on an intersecting street. If there is any danger of collision with said approaching vehicle then the vehicle approaching said yield right-of-way sign shall reduce its speed or stop to allow said vehicle to clear the intersection. [Code 1983 § 11-63; Code 2000 § 71.08].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.090 One-way streets and alleys.
(A) Whenever HMC 10.30.100 designates any one-way street or alley, the chief of police shall direct the placement of signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic is permitted in one direction only.
(B) Upon those streets and alleys described in HMC 10.30.100, vehicles shall move only in the indicated direction of travel. [Code 1983 § 11-64; Code 2000 § 71.09].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.100 Left turns, right turns and U-turns.
(A) When signs are erected prohibiting same, no driver of any vehicle shall make a left turn at the intersections designated in HMC 10.30.110 or a right turn designated in HMC 10.30.120, respectively.
(B) When signs are erected which read “right turn only” at the intersections designated in HMC 10.30.150, left turns and forward driving to cross the intersection are prohibited; no driver of any vehicle shall turn left nor drive forward to cross the intersection when a right turn only sign is erected.
(C) When signs are erected which read “right turn only” at the places designated in HMC 10.30.155, left turns and forward driving to cross the public way or intersection are prohibited; no driver of any vehicle shall turn left nor drive forward to cross the public way or intersection when a right turn only sign is erected.
(D) When signs are erected which read “left turn only” at the intersections designated in HMC 10.30.160, right turns and forward driving to cross the intersection are prohibited; no driver of any vehicle shall turn right nor drive forward to cross the intersection when a left turn only sign is erected.
(E) No driver of any vehicle shall make a U-turn on any street or at any intersection within the town.
(F) The chief of police is authorized to direct the placement of proper markers and signs within or adjacent to intersections indicating the turn prohibited in accordance with the provisions of this chapter.
(G) When authorized markers, signs or other indicators are placed within or adjacent to an intersection indicating the course to be traveled by vehicles turning thereat, no driver of any vehicle shall disobey the direction of such indicators. [Ord. 1204 § 1, 2002; Ord. 1652 § 10, 2017. Code 2000 § 71.10].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.110 No turn on red.
Whenever an intersection bears a sign prohibiting turns by vehicles facing a steady red signal, it shall be unlawful for any person, having charge of or operating such a vehicle, to make such a turn. Those intersections designated in HMC 10.30.120 are hereby declared to be “no turn on red” intersections for the purpose of this section. [Ord. 743, 1977. Code 1983 § 11-66; Code 2000 § 71.11].
Penalty, see HMC 10.10.180.
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, IC 9-21-1-3.
10.10.115 No right turn when children are present.
Whenever an intersection bears a sign prohibiting turns by vehicles facing a steady red signal when children are present, it shall be unlawful for any person, having charge of or operating such a vehicle, to make such a turn. Those intersections designated in HMC 10.30.125 are hereby declared to be “no turn on red” intersections for the purpose of this section. [Ord. 1652 § 6, 2017].
10.10.120 Stop when traffic obstructed.
No driver shall enter an intersection specified in HMC 10.30.130 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. [Code 1983 § 11-67; Code 2000 § 71.12].
Penalty, see HMC 10.10.180.
10.10.130 Deliveries on restricted streets by trucks.
All streets and alleys of the town shall be designated as restricted streets, and it shall be unlawful for the driver of any truck to drive upon same except for those of less than five tons rated capacity or for the purpose of making a delivery or carrying on business in the block in which such vehicle is being driven. Any driver making such a delivery shall enter same at the first intersection nearest point of delivery and leave same at the first intersection after such delivery.
All other through truck traffic shall be prohibited in the town. [Ord. 746, 1977; Ord. 886A, 1984; Ord. 886B, 1986; Ord. 886C, 1986. Code 1983 § 11-68; Code 2000 § 71.13].
Penalty, see HMC 10.10.180.
10.10.140 Notice of funeral processions.
Each mortician shall notify the police department of the day and the hour of each funeral procession to be had by him in the town together with the proposed route thereof, as far in advance of the proposed time as possible. [Code 1983 § 11-70; Code 2000 § 71.15].
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.10.150 Construction truck traffic regulations/permits.
(A) Any construction company doing construction work within the town or in other municipalities who cannot access that work from designated truck routes only and will need to use local residential streets must obtain a permit through the director of public works prior to commencing said construction project.
(B) All contractors must notify the director of public works and must obtain permission from the director prior to closing access to any public street for any period of time.
(C)(1) The permit process will include defining the route to be used by the contractor and his subcontractors.
(2) The permit shall designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the council for the proper protection to town property.
(D) The permit process will include providing a bond to the town to cover the potential damage that the heavy equipment may cause to town property.
(1) The bond shall be in an amount equal to potential damage to the streets and public rights-of-way and will be established by the director of public works on a case-by-case basis based upon the dollar amount of potential damage.
(2) In establishing the amount of the bond, the director shall consider the recommendation of the town engineer.
(E) Nothing in this section shall be construed to relieve a contractor of any obligation to fully repair all damage caused to public property. [Ord. 965, 1991; Ord. 1185 § 10, 2001. Code 1983 § 11-71. Code 2000 § 71.16].
10.10.160 Driving over fire hoses on streets or driveways.
A street car or vehicle may not be driven over an unprotected hose of a fire department when laid down on a public way, private driveway, or streetcar track to be used at a fire or alarm of fire without the consent of the fire department official in command. (See IC 9-21-12-6) [Ord. 1185 § 5, 2001. Code 2000 § 71.17].
Penalty, see HMC 10.10.180.
10.10.170 Operation of motor vehicle with an open beverage container.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Alcoholic beverage” shall have the meaning set forth in IC 7.1-1-3-5.
“Container” shall have the meaning set forth in IC 7.1-1-3-13.
“Motor vehicle” shall have the meaning set forth in IC 9-13-2-105, except that “motor vehicle” as used in this section shall not include:
(1) Recreational vehicles, as defined in IC 9-13-2-150 and which is designed to transport more than 10 passengers including the operator; or
(2) Any chartered passenger vehicle licensed to operate within the state of Indiana.
(B) A person who consumes an alcoholic beverage or possesses a container that has been opened, that has a broken seal, or from which some of the contents have been removed, while in a motor vehicle that is being operated upon a public highway within the town’s corporate limits commits a violation of this section.
(C) The operator or owner of a motor vehicle who, while the motor vehicle is in operation, keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator or a passenger a container that has been opened, that has a broken seal, or from which some of the contents have been removed, commits a violation of this chapter.
(D) The operator of a recreational vehicle or chartered passenger vehicle who, while the motor vehicle is in operation, keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator a container that has been opened, that has a broken seal, or from which some of the contents have been removed, commits a violation of this chapter.
(E) Signs giving notice of this prohibition of open alcoholic beverage containers shall be posted giving notice of such regulation. [Ord. 1188 § 6, 2001. Code 2000 § 71.19].
Penalty, see HMC 10.10.180.
10.10.180 Penalty.
(A) Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in HMC 10.05.140 as a payable offense subject to admission before the violations clerk of the traffic violation bureau.
(B) If such persons, entity or organization shall violate any portion of this chapter, and either:
(1) There is a failure to pay the civil violation as set forth in HMC 10.05.140(A)(1); or
(2) Such persons charged elect to exercise their right to trial;
then such violation shall be construed as a justiciable offense and shall be subject to a fine as follows:
(a) If the offense involves a violation set forth and described in HMC 10.10.130, or any part thereof, the violator shall be punished by a fine of $250.00 per violation. Each day of such violation shall be deemed a separate offense.
(b) If the offense involves a violation set forth and described in HMC 10.10.150, or any part thereof, the violator shall be punished by a fine of $1,000 per violation. Each day of such violation shall be deemed a separate offense.
(c) If the offense involves a violation set forth and described in HMC 10.10.170, or any part thereof, the violator shall be punished by a fine of $100.00 per violation. Each day of such violation shall be deemed a separate offense.
(d) If the offense involves a violation of any other provision of this chapter for which there is no penalty otherwise provided, the violator shall be punished by a fine of not less than $25.50 per violation, nor more than $2,500. Each day of such violation shall be deemed a separate offense. [Ord. 1185 § 2, 2001; Ord. 1188 § 7, 2001. Code 2000 § 71.99].