For the purpose of this traffic code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A vehicle located on public property illegally;
(2) A vehicle left on public property continuously without being moved for three days;
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way;
(4) A vehicle which has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;
(5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;
(6) A vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance, other than this code, if the impounded vehicle is not claimed or redeemed by the owner or his or her agent within 20 days after the vehicle’s removal; or
(7) A vehicle that is at least three model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than ten days. (See I.C. 9-13-2-1.)
ALLEY. A public way in an urban district that meets the following qualifications:
(1) Is open to the public for vehicular traffic;
(2) Is publicly maintained;
(3) Is one lane wide; and
(4) Is designated as an alley by the local authorities on an official map of the urban district.
(See I.C. 9-13-2-2.5.)
AUTHORIZED EMERGENCY VEHICLE.
(1) Consists of the following:
(a) Fire Department vehicles;
(b) Police Department vehicles;
(c) Ambulances; and
(d) Emergency vehicles operated by or for hospitals or health and hospital corporations under I.C. 16-22-8.
(2) Vehicles designated as emergency vehicles by the state’s Department of Transportation;
(3) Motor vehicles that, subject to I.C. 9-21-20-2, are approved by the state’s Emergency Medical Services Commission that are:
(a) Ambulances that are owned by persons, firms, or limited liability companies or corporations other than hospitals; or
(b) Not ambulances and that provide emergency medical services including extrication and rescue services, as defined in I.C. 16-18-2-110.
(4) Vehicles of the Department of Correction that, subject to I.C. 9-21-20-3, are:
(a) Designated by the Department of Correction as emergency vehicles; and
(b) Responding to an emergency.
AUTOMOBILE WRECKER. An automobile wrecking and parts business.
BICYCLE. Any foot-propelled vehicle irrespective of the number of wheels in contact with the ground.
BUREAU. The State Bureau of Motor Vehicles.
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.
COMMISSIONER. The Commissioner of the Bureau.
CROSSWALK.
(1) The 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; and
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
DISPOSAL AGENT. Any firm or individual engaged in business as a scrap metal processor or automobile scrap yard.
DRIVER. Every person who drives or is in actual physical control of a vehicle.
HOLIDAY. The following days of the year are HOLIDAYS:
(1) The first day of January, commonly known as New Year’s Day;
(2) The last Monday of May, commonly known as Memorial Day;
(3) The fourth day of July, commonly known as Independence Day;
(4) The first Monday of September, commonly known as Labor Day;
(5) The fourth Thursday of November, commonly known as Thanksgiving Day; and
(6) The twenty-fifth day of December, commonly known as Christmas Day.
INTERSECTION.
(1) The area embraced within the prolongation or connection of the lateral curb lines or, if none, 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; or
(2) Where a highway includes two roadways 30 feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate INTERSECTION. If such intersecting highway also includes two roadways 30 feet or more apart, every crossing of two roadways of such highway shall be regarded as a separate INTERSECTION.
LOADING ZONE. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property.
OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings, and devices, including railroad advance warning signs, not inconsistent with this code placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
OWNER.
(1) Except as otherwise provided herein, when used in reference to a motor vehicle, OWNER means:
(a) A person who holds the legal title of a motor vehicle;
(b) A person renting or leasing a motor vehicle and having exclusive use of the motor vehicle for more than 30 days; or
(c) If a motor vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee or in the event the mortgagor, with the right of purchase upon the performance of the conditions stated in the agreement and with an immediate right of possession of a vehicle, is entitled to possession, the conditional vendee or lessee or mortgagor.
(2) For purposes of I.C. 9-21 and I.C. 9-25, when used in reference to a motor vehicle, OWNER means a person who holds the legal title of a motor vehicle. Also the conditional vendee or lessee or mortgagor, for the purpose of I.C. 9-21 and I.C. 9-25, if a:
(a) Motor vehicle is the subject of an agreement for the conditional sale or lease of the motor vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee; or
(b) Mortgagor of a motor vehicle is entitled to possession.
(3) For purposes of I.C. 9-22-1, OWNER means the last known record titleholder of a vehicle according to the records of the Bureau under I.C. 9-17.
(4) For purposes of I.C. 14-8-2, OWNER means a person, other than a lienholder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation. The term excludes a lessee under a lease not intended as security. (See I.C. 9-13-2-121.)
PARK or PARKING. The standing of an occupied or unoccupied vehicle, other than temporarily, for the purpose of and while actually engaged in loading or unloading merchandise of passengers.
PARKING PLACE or PARKING SPACE. A designated portion of the surface of a street of sufficient length and depth to accommodate a vehicle of reasonable dimensions to be parked.
PARTS. All vehicle components that, as assembled, do not constitute a complete vehicle.
PEDESTRIAN. Any person afoot.
PERSON. Every natural person, firm, co-partnership, association, and corporation.
POLICE OFFICER. Every officer authorized to enforce this code.
PRIVATE PROPERTY. All property other than public property.
PUBLIC AGENCY. For the purposes of fulfilling the local responsibility for removal, storage, and disposal of abandoned vehicles, the Police Department.
PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, park, or other state, county, or municipal property.
RESIDENCE DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 500 feet or more is in the main improved with residences or residences and buildings in use for business.
RIGHT-OF-WAY. The privilege of the immediate use of the highway.
ROADWAY. The portion of a highway improved, designed, or ordinarily used for vehicular travel.
SCRAP METAL PROCESSOR. An establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and scrap steel or nonferrous scrap for sale for remelting purposes. A SCRAP METAL PROCESSOR is not a disposal facility or a used-parts dealer.
SIDEWALK. The 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.
STAND or STANDING. The halting of an occupied or unoccupied vehicle, otherwise than temporarily, for the purpose of and while actually engaged in receiving or discharging passengers.
STATE LAW. State laws regulating and relating to motor vehicles and their operation.
STOP or STOPPING. When required, means complete cessation from movement. When prohibited, STOP or STOPPING means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device or signal.
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.
TOWING SERVICE. A business engaged in moving or removing disabled vehicles and, once removed, storing or impounding vehicles.
TRAFFIC. Pedestrians, ridden or herded animals, street cars, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
TRUCK.
(1) A motor vehicle designed, used, or maintained primarily for the transportation of property; and
(2) For the purposes of I.C. 9-21-8-3, includes:
(a) A motor vehicle designed and used primarily for drawing another vehicle and constructed to carry a load other than a part of the weight of the vehicle and load so drawn;
(b) A motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of agriculture. (See I.C. 9-13-2-188.)
VEHICLE. Except as otherwise provided herein, a device in, upon, or by which a person or property is or may be transported or drawn upon a highway.
(1) For purposes of I.C. 9-14 through I.C. 9-18, the term does not include the following:
(a) A device moved by human power;
(b) A transportation device that runs only on rails or tracks;
(c) A transportation device propelled by electric power obtained from overhead trolley wires but not operated upon rails or tracks;
(d) A fire truck and apparatus owned by a person or municipal division of the state and
used for fire protection;
(e) A municipally-owned ambulance;
(f) A police patrol wagon; and
(g) A transportation device not designed for or employed in general highway transportation of persons or property and occasionally operated or moved over the highway, including the following:
1. Road construction or maintenance machinery; and
2. A movable device designed, used, or maintained to alert motorists of hazardous conditions on highways;
3. Construction dust control machinery;
4. Well-boring apparatus;
5. Ditch-digging apparatus;
6. An implement of agriculture designed to be operated primarily in a farm field or on farm premises;
7. An invalid chair; and
8. A yard tractor.
(2) For purposes of I.C. 9-20 and I.C. 9-21, the term does not include devices moved by human power or used exclusively upon stationary rails or tracks.
(3) For purposes of I.C. 9-22, VEHICLE refers to an automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle, or motorized bicycle.
(4) For purposes of I.C. 9-30-5, I.C. 9-30-6, I.C. 9-30-8, and I.C. 9-30-9, VEHICLE means a device for transportation by land or air. The term does not include an electric personal assistive mobility device. (See I.C. 9-13-2-196.)
YARD TRACTOR.
(1) A tractor that is used to move semi-trailers around a terminal or a loading or spotting facility.
(2) The term also refers to a TRACTOR that is operated on a highway with a permit issued under I.C. 6-6-4.1-13(e) if the TRACTOR is ordinarily used to move semi-trailers around a terminal or spotting facility. (See I.C. 9-13-2-201.)
(Prior Code, § 70.04) (Ord. 1144, passed 2-7-1983; Ord. 1365, passed 11-18-1996)
Statutory reference:
Related provisions, see I.C. 6-6-4.1-13(e), 9-13-2-1, 9-13-2-2.5, 9-13-2-121, 9-13-2-188, 9-13-2-196, 9-14, 9-14.1, 9-17, 9-20 through 9-22, 9-25, 9-30-5, 9-30-6, 9-30-8, 9-30-9, 9-31, and 16-18-2-110