For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public thoroughfare which affords only secondary means of vehicular access to abutting property and not over 20 feet in width.
AUTHORIZED EMERGENCY VEHICLE.
(1) The following vehicles:
(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 Department of Transportation under I.C. 9-21-20-1.
(3) Motor vehicles that, subject to I.C. 9-21-20-2, are approved by the State Emergency Medical Services Commission that are:
(a) Ambulances that are owned by persons, firms, limited liability companies, or corporations other than hospitals; or
(b) Not ambulances and that provide emergency medical services, including extrication and rescue service (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.
(I.C. 9-13-2-6)
BICYCLE. Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground.
(I.C. 9-13-2-14)
BUREAU. The Bureau of Motor Vehicles.
(I.C. 9-13-2-16)
BUS. A motor vehicle that is:
(1) Designed for carrying more than ten passengers exclusive of the driver; and
(2) Used to transport passengers.
(I.C. 9-13-2-17)
BUSINESS DISTRICT. The territory contiguous to and including a highway when at least 50% of the frontage of the territory for a distance of at least 500 feet is occupied by buildings in use for business.
(I.C. 9-13-2-18)
CIRCULATORY ROADWAY. The portion of a highway within a roundabout that is used by vehicles to travel counterclockwise around a central island. A CIRCULATORY ROADWAY does not have a crosswalk.
COMMERCIAL VEHICLE. Every vehicle designed, maintained, or used primarily for the transportation of property.
COMMISSIONER. The Commissioner of the Bureau of Motor Vehicles of this state.
(I.C. 9-13-2-33)
CONTROLLED-ACCESS HIGHWAY. 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, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
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) A part of a roadway, distinctly indicated for pedestrian crossing by lines or other markings on the surface.
(I.C. 9-13-2-40)
CURB LOADING ZONE. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
DRIVER. A person who drives or is in actual physical control of a vehicle.
(I.C. 9-13-2-47)
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing two non-tandem wheeled device that is designed to transport only one person and that has the following:
(1) An electric propulsion system with average power of 750 watts or one horsepower; and
(2) A maximum speed of less than 20 mph when operated on a paved level surface, when powered solely by the propulsion system referred to in division (1) above, and when operated by an operator weighing 170 pounds.
(I.C. 9-13-2-49.3)
ENGINE BRAKES. Commonly referred to as either engine brakes, compression brakes, Jake brakes and/or Jacob brakes, as a means of braking used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking a vehicle without the use of wheel brakes.
EXPLOSIVES. A chemical compound or mechanical mixture that:
(1) Is commonly used or intended for the purpose of producing an explosion; or
(2) Contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
(I.C. 9-13-2-52)
FARM TRACTOR. A motor vehicle designed and used primarily as a farm implement for drawing implements of agriculture used on a farm and, when using the highways, in traveling from one field or farm to another or to or from places of repairs. The term includes a wagon, trailer, or other vehicle pulled by a FARM TRACTOR.
(I.C. 9-13-2-56)
FLAMMABLE LIQUID. A liquid that has a flash point of 70°F or less, as determined by a tagliabue thermometer or equivalent closed cup test device.
(I.C. 9-13-2-65)
FREIGHT CURB LOADING ZONE. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers.
GROSS WEIGHT. The weight of a vehicle without load, plus the weight of any load on the vehicle.
(I.C. 9-13-2-71)
INDIVIDUAL PARKING SPACE. A portion of the paved surface of the street of sufficient length and depth from the sidewalk, curb, or edge of the roadway to accommodate a vehicle of standard size.
INTERSECTION.
(1) The area embraced within:
(a) The prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways that join at, or approximately at, right angles; or
(b) The area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(2) Where a highway includes two roadways at least 30 feet apart, every crossing of each roadway of the divided highway by an intersecting highway is regarded as a separate intersection. If the intersecting highway also includes two roadways at least 30 feet apart, every crossing of two roadways of the intersecting highway is regarded as a separate intersection.
(I.C. 9-13-2-84)
LOCAL AUTHORITIES.
(1) Means, except as provided in division (2) below, all officers of counties, cities, or towns, as well as all boards and other public officials of counties, cities, or towns.
(2) For purposes of I.C. 9-21, every county, municipal, and other local board having authority to adopt local police regulations under the laws and constitution of the state.
(I.C. 9-13-2-94)
METAL TIRE. A tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
(I.C. 9-13-2-102)
MOTOR VEHICLE.
(1) Means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor or an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device.
(2) For purposes of I.C. 9-21:
(a) A vehicle that is self-propelled; or
(b) A vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(3) MOTOR VEHICLE, for purposes of I.C. 9-32, includes a semitrailer, trailer, or recreational vehicle.
(I.C. 9-13-2-105)
OFFICIAL TIME STANDARD. Standard time or daylight saving time, as may be in current use in this city.
OFFICIAL TRAFFIC-CONTROL DEVICES. A sign, signal, marking, and device, including a railroad advance warning sign, not inconsistent with this title, placed or erected, by authority of a public body or an official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(I.C. 9-13-2-117)
OVERTAKE. The action of a person in the outside lane of a roundabout that is behind or not adjacent to the vehicle in the lane that causes the person to become adjacent to or in front of the vehicle in the lane.
OWNER. Except as otherwise provided in I.C. 9-31 before its repeal, a person, other than a lienholder, that:
(1) Holds the property in or title to, as applicable, a vehicle, manufactured home, mobile home, off-road vehicle, snowmobile, or watercraft; or
(2) Is entitled to the use or possession of, as applicable, a vehicle, manufactured home, off-road vehicle, snowmobile, or watercraft, through a lease or other agreement intended to operate as a security.
(I.C. 9-13-2-121)
PARK. 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. A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
PERSON. An individual, a firm, a partnership, an association, a fiduciary, an executor or administrator, a governmental entity, a limited liability company, a corporation, a sole proprietorship, a trust, an estate, or another entity, except as defined in the following sections:
(1) I.C. 9-20-14-0.5;
(2) I.C. 9-20-15-0.5; and
(3) I.C. 9-32-2-18.6.
(I.C. 9-13-2-124)
POLE TRAILER. A vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, ordinarily used for transporting long or irregular shaped loads such as poles, pipes, or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.
(I.C. 9-13-2-126)
POLICE OFFICER.
(1) Means, except as provided in division (3) below, the following:
(a) A regular member of the State Police Department;
(b) A regular member of a city or town police department;
(c) A Town Marshal or Town Marshal Deputy;
(d) A regular member of a county sheriff’s department;
(e) A conservation officer of the Department of Natural Resources;
(f) An individual assigned as a motor carrier inspector under I.C. 10-11-2-26(a);
(g) An excise police officer of the Alcohol and Tobacco Commission;
(h) A gaming control officer employed by the Gaming Control Division under I.C. 4-33-20; and
(i) A conservancy district marshal or deputy conservancy district marshal.
(2) The term refers to a police officer having jurisdiction in the state, unless the context clearly refers to a police officer from another state or a territory or federal district of the United States.
(3) For purposes of I.C. 9-21, an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(I.C. 9-13-2-127)
PRIVATE BUS.
(1) A motor vehicle that is:
(a) Designed to transport 14 passengers; and
(b) Used by and any of the following:
1. A religious, fraternal, charitable, or benevolent organization;
2. A nonprofit youth organization; and/or
3. A public or private post-secondary educational institution.
(2) The term includes:
(a) The chassis;
(b) The body; or
(c) Both the body and the chassis of the vehicle.
(3) The term does not include the following:
(a) A school bus; and
(b) A for-hire bus.
(I.C. 9-13-2-133)
PRIVATE ROAD or DRIVEWAY. A way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(I.C. 9-13-2-137)
RAILROAD. Does not include street car.
RAILROAD SIGN or SIGNAL. A sign, signal, or device, erected by authority of a public body or official or by a railroad, intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(I.C. 9-13-2-147)
RESIDENCE DISTRICT. The territory contiguous to and including a highway not comprising a business district, when the property on the highway for a distance of at least 500 feet is primarily improved with residences or residences and buildings in use for business.
(I.C. 9-13-2-153)
RIGHT-OF-WAY. The privilege of the immediate use of the highway.
(I.C. 9-13-2-155)
ROAD TRACTOR. A vehicle designed and used for drawing other vehicles and not constructed to carry any load independently or any part of the weight of a vehicle or load drawn independently.
(I.C. 9-13-2-156)
ROADWAY.
(1) Except as provided in division (2) below, that part of a highway improved, designed, or ordinarily used for vehicular travel.
(2) As used in I.C. 9-21-12-13, the part of a highway that is improved, designed, or ordinarily used for vehicular travel. The term does not include the sidewalk, berm, or shoulder, even if the sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles.
(I.C. 9-13-2-157)
ROUNDABOUT. An intersection characterized by a circulatory roadway, channelized approaches, and yield control of entering traffic. A ROUNDABOUT encompasses the area bounded by the curb line or, if there is no curb, the edge of the pavement, and includes crosswalks on any entering or exiting roadway.
SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians, and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times.
(I.C. 9-13-2-159)
SCHOOL BUS.
(1) Means, except as provided in division (2) below, a bus used to transport schoolchildren to and from preschool, elementary, or secondary school and to and from:
(a) School;
(b) School athletic games and contests; or
(c) Other school functions.
(2) For purposes of I.C. 9-21, means a motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, including Project Headstart, or privately owned and operated for compensation for the transportation of children to and from school, including Project Headstart.
(I.C. 9-13-2-161)
SEMITRAILER.
(1) Except as provided in division (2) below, means a vehicle without motive power, designed for carrying property and for being drawn by a motor vehicle, and so constructed that some part of the weight of the semitrailer and that of the semitrailer’s load rests upon or is carried by another vehicle. The term does not include the following:
(a) A pole trailer; and
(b) A two-wheeled homemade trailer.
(2) For purposes of I.C. 9-21, means a vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. The term does not include a pole trailer.
(I.C. 9-13-2-164)
SIDEWALK. The part 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.
(I.C. 9-13-2-167)
SOLID TIRE. A tire of rubber or other resilient material that does not depend on compressed air for the support of the load.
(I.C. 9-13-2-168)
STOP. Complete cessation of movement.
STOP, STOPPING, or STANDING. 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 police officer or traffic-control sign or signal.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel. The term includes an alley in a city or town.
(I.C. 9-13-2-175)
THROUGH HIGHWAY. A 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.
(I.C. 9-13-2-178)
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
(I.C. 9-13-2-182)
TRAFFIC DIVISION. The Traffic Division of the Police Department of the city.
TRAILER.
(1) (a) Means, except as otherwise provided in this section, a vehicle:
1. Without motive power;
2. Designed for carrying persons or property;
3. Designed for being drawn by a motor vehicle; and
4. So constructed that no part of the weight of the trailer rests upon the towing vehicle.
(b) The term includes pole trailers and two-wheeled homemade trailers.
(2) (a) For purposes of I.C. 9-21, means a vehicle:
1. With or without motive power;
2. Designed for carrying persons or property;
3. Designed for being drawn by a motor vehicle; and
4. So constructed that no part of the weight of the trailer rests upon the towing vehicle.
(b) The term does not include pole trailers or special machinery.
(3) For purposes of I.C. 9-21-8-12 through 9-21-8-13, means the combination of any motor vehicle towing another vehicle or trailer.
(I.C. 9-13-2-184)
TRUCK. A motor vehicle designed, used, or maintained primarily for the transportation of property. TRUCK, for purposes of I.C. 9-21-8-3, includes the following:
(1) 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 drawn; and
(2) A motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of agriculture.
(I.C. 9-13-2-188)
TRUCK-TRACTOR.
(1) Means, except as provided in division (2) below, a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load so drawn.
(2) For purposes of I.C. 9-20-13-2, a non-cargo carrying power unit designed to operate in combination with a semitrailer or trailer and includes a dromedary deck and plate.
(I.C. 9-13-2-189)
URBAN DISTRICT. The territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 200 feet for a distance of at least one-fourth mile.
(I.C. 9-13-2-193)
VEHICLE.
(1) Means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway.
(2) The term does not include the following:
(a) A device moved by human power;
(b) A device that runs only on rails or tracks; and
(c) A wheelchair.
(3) For the purposes of I.C. 9-17, the term includes the following:
(a) Off-road vehicles;
(b) Manufactured homes or mobile homes that are:
1. Personal property not held for resale; and
2. Not attached to real estate by a permanent foundation.
(c) Watercraft.
(4) For purposes of I.C. 9-22 and I.C. 9-32, the term refers to a vehicle of a type that must be registered under I.C. 9-18-2 (before expiration) or I.C. 9-18.1, other than an off-road vehicle or a snowmobile under I.C. 9-18-2.5 (before its expiration) or I.C. 9-18.1-4.
(5) For purposes of I.C. 9-30-5, I.C. 9-30-6, and I.C. 9-30-8, and I.C. 9-30-9, the term means a device for transportation by land or air. The term does not include an electric personal assistive mobility device.
(I.C. 9-13-2-196) (Prior Code, § 40.02) (Ord. 2020-24, passed 6-10-2020; Ord. 2022-30, passed 8-24-2022)