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§ 70.03 POWERS AND DUTIES OF POLICE AND FIRE DEPARTMENT; OBEDIENCE TO DIRECTIONS REQUIRED.
   (A)   Authority of Police and Fire Department officials.
      (1)   It shall be the duty of the officers of the Police Department, or such officers as are assigned by the Chief of Police, to enforce all street traffic laws of the town, and all of the state vehicle laws applicable to street traffic in the town.
      (2)   Officers of the Police Department, or such officers as are assigned by the Chief of Police, are authorized to direct all traffic by voice, hand, or signal, in conformance with traffic laws, provided that in the event of a fire or other emergency, or to expedite traffic, or safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
      (3)   Officers of the various Fire Departments, when in uniform, may direct or assist the police in directing traffic.
   (B)   No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or Fire Department official.
(Ord. 306, passed 4-8-81) Penalty, see § 70.99
§ 70.04 AUTHORITY FOR ENFORCEMENT.
   (A)   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.
   (B)   The Chief of Police, by and with the approval of the Board of Trustees, is empowered to make regulations necessary to make effective the provisions of the traffic code. (Ord. 306, passed 4-8-81)
Penalty, see § 70.99
§ 70.05 TEMPORARY REGULATIONS.
   (A)   The Chief of Police, by and with the approval of the Board of Trustees, is empowered to make and enforce temporary or experimental traffic regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than 180 days.
   (B)   The Town Traffic Engineer may test traffic-control devices under actual conditions of traffic.
(Ord. 306, passed 4-8-81)
§ 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.
§ 70.07 AUTHORIZED EMERGENCY VEHICLES.
   (A)   The driver of an authorized emergency vehicle may:
      (1)   Park or stand, notwithstanding other provisions of this chapter;
      (2)   Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation;
      (3)   Exceed the maximum speed limits if the person who drives the vehicle does not endanger life or property;
      (4)   Disregard regulations governing direction of movement or turning in specified directions.
   (B)   This section applies to an authorized emergency vehicle only when the vehicle is using audible and visual signals as required by law. An authorized emergency vehicle operated as a police vehicle is not required to be equipped with or display red or blue lights visible from in front of the vehicle.
   (C)   This section shall not relieve the person who drives an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor protect the person who drives from the consequences of the person’s reckless disregard for the safety of others.
(IC 9-21-1-8) (Ord. 306, passed 4-8-81)
§ 70.08 TRAFFIC ENGINEER; DUTIES; REVIEW ACTIONS.
   (A)   The Town Director of Public Works, or Public Works Superintendent, shall serve as the Town Traffic Engineer, in addition to his other functions, and shall exercise the powers and duties with respect to traffic, as provided in this traffic code. The Chief of Police shall serve as the Assistant Town Traffic Engineer, in addition to his other functions and responsibilities, and shall exercise the powers and duties with respect to traffic, as provided in this traffic code, as an assistant to the Director of Public Works or Public Works Superintendent.
   (B)   It shall be the general duty of the Town Traffic Engineer to determine the installation, proper timing, and maintenance of traffic- control devices, conduct engineering analyses of traffic accidents, devise remedial measures, conduct engineering investigations of traffic conditions, plan the operation of traffic on the streets and highways of the town, cooperate with other town officials in the development of ways and means to improve traffic conditions, and carry out the additional powers and duties imposed by ordinances of the town.
   (C)   Whenever in the administration of this traffic code the Town Traffic Engineer takes action as provided in this traffic code, his acts shall be subject to review by the Town Police Commission at any time within 90 days; however, such acts shall remain in full force and effect unless remanded or modified upon such review.
(Ord. 306, passed 4-8-81; Am. Ord. 604, passed 3-1-94)
§ 70.09 POLICE CHIEF’S AUTHORITY TO RESTRICT USE OF STREETS BY CERTAIN VEHICLES.
   (A)   The Chief of Police is authorized to determine and designate those heavily traveled streets upon which shall be prohibited the use of the roadway by motor-driven cycles, bicycles, or other nonmotorized traffic, and shall erect appropriate signs giving notice thereof.
   (B)   When signs are so erected giving notice thereof, no person shall disobey the restrictions stated on such signs.
(Ord. 306, passed 4-8-81) Penalty, see § 70.99
§ 70.10 DRIVER EDUCATION PROGRAM.
   (A)   There is hereby created and established a Cedar Lake Driver Education Program designed for those persons receiving a citation issued by a Cedar Lake Police Officer for violation of the traffic regulations of the town, and who are either first time traffic offenders or who otherwise have not accumulated more than four current points on their driving record, and who have not previously completed the Driver Education Program within the past three years to the date of issuance of the citation, with the objective of improving the driving skills of such person.
   (B)   The fee and charges of the program shall be in the sum of $75 to defray the cost of the program.
   (C)   The program shall be administered and operated by the town Police Chief.
   (D)   Upon successful completion of the four-hour course and program, the pending traffic charges will not be processed by the Police Department for prosecution of the same in the Lake Superior Court.
   (E)   The first-time offenses eligible for the program shall be all town ordinance moving violations.
   (F)   The program shall be operated consistent with the Cedar Lake Driver Education Program Manual containing the mission statement, eligibility/attendance, schedule of class/length/validity, instructors, and protocol, which manual is hereby specifically incorporated into this section by reference.
   (G)   The Chief of Police shall be and hereby is authorized in conjunction with the Clerk-Treasurer to create such forms and bulletins to effectively administer the program.
(Ord. 804, passed 8-28-01)
§ 70.11 TOWN DEFERRAL PROGRAM.
   (A)   Establishment. The town hereby establishes a Town Deferral Program pursuant to IC 34-28-5-1, as amended from time to time, to be known as the Town Deferral Program.
   (B)   Eligibility. An individual who has being issued a citation for a moving traffic citation in the town shall be eligible to participate in the Town Deferral Program if the individual:
      (1)   Has not been charged with a moving traffic violation that is associated with property damage, personal injury, or other related criminal charges;
      (2)   Has not been charged with any other moving violation in any state within the last year; and
      (3)   Has not been charged with an offense of speeding in excess of 30 miles per hour over the posted speed limit.
   (C)   Application. An individual who is eligible and seeks to participate in the Town Deferral Program (hereinafter Applicant) shall complete the Town Deferral Program Application Agreement located in the Police Department. The Police Department shall verify that the applicant is eligible for the Town Deferral Program.
   (D)   Fees.
      (1)   At the time of the application submission, the applicant shall pay the following:
         (a)   Current court costs, pursuant to the provisions of the Indiana Code, as amended from time to time,
         (b)   An initial user fee of $52, and
         (c)   Monthly user fees of $10 per month for each of the six months the applicant is in the Town Deferral Program.
      (2)   The total amount of the court costs and fees identified above shall be made payable to the Clerk, Lake Superior Court, in the
form of a certified check, money order, or cashier’s check. The fees paid by the applicant are non-refundable and shall not be applied to the fine in the event that the applicant fails to properly and successfully follow and complete the requirements of the Town Deferral Program. The court costs shall be distributed as required for traffic violations. Fifty percent of the initial user fee and monthly user fees shall be deposited in the Police Department Equipment Non-Reverting Fund upon proper processing.
   (E)   Procedure. The Police Department shall file the applicant’s citation with the Lake County Court. After assignment of a cause number and at the next regularly scheduled Town Court date, the Town Attorney shall file the executed Deferral Program Application Agreement in the Lake County Court together with the court costs and fees. The Police Department shall review the applicant’s driving record six months after the filing of said Agreement (hereinafter Review Period). In the event that no new moving traffic violations have been issued to by the applicant, the Town Attorney shall dismiss the original moving traffic violation citation. In the event that the applicant has been issued a moving traffic violation citation within the review period, or otherwise does not comply with terms of the Town Deferral Program, the Town Attorney shall institute further proceedings against the applicant based upon the original citation.
   (F)   Implementation. The Town Attorney, Police Department, and Clerk-Treasurer are hereby authorized to develop the appropriate forms and related materials necessary to facilitate the Town Deferral Program.
(Ord. 997, passed 4-10-07)
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