Section
General Provisions
70.01 Definitions
70.02 Authority of police
70.03 Temporary regulations
70.04 Motor vehicles with false or altered identification number; impoundment
70.05 Garage or repair shop to report damaged vehicles
70.06 Quiet zone established
Traffic-Control Devices
70.20 Installation
70.21 Manual and specifications
70.22 Obedience required
70.23 Official signs required for enforcement
70.24 Traffic and pedestrian control signals
70.25 Flashing signal legend
70.26 Display of unauthorized signs, signals or markings
70.27 Interference with official traffic-control devices
Traffic Administration
70.40 Traffic Bureau established
70.41 Duties of Traffic Bureau
70.42 Records of violations
70.43 Traffic Violations Department
Citations and Arrests
70.55 Prosecutions under local ordinance or state law
70.56 Procedure of police officer; failure to appear
70.57 When complaint issued
70.58 Effect of sworn complaint
70.59 Forms and records
70.60 Destroying citation
70.61 Disposition of fines and forfeitures
70.99 Penalty
GENERAL PROVISIONS
(A) For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. Any person who drives or is in actual possession or operation of a vehicle.
FARM TRACTOR. Every motor vehicle designed for or used primarily as a farm implement for drawing plows, mowing machines, farm implements and implements of farm husbandry.
LOCAL DELIVERY TRUCK. See TRUCK.
HIGHWAY. See STREETS and HIGHWAYS.
MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is operated by electric power, but not operated on rails.
OWNER. Any person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner.
POLE TRAILER. Any vehicle without motor 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, and ordinarily used for the transportation of long or irregular shaped loads, such as poles, pipes or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.
POLICE DEPARTMENT. The Traffic Bureau, but shall not be construed to deprive any authorized police officer of authority to direct traffic or to make arrests for violations of the traffic regulations.
POLICE OFFICER. Every POLICE OFFICER of the city authorized to direct, control or regulate traffic or to make arrests for violations of traffic regulations.
ROAD TRACTOR. Every motor vehicle designed or used for drawing other vehicles and not so constructed as to carry any load thereon, independently, or any part of the weight of a vehicle or load so drawn.
STREETS and HIGHWAYS. The entire width between the boundary lines of every public way when any part thereof is open to the use of the public for purposes of vehicular travel.
SEMITRAILER. Every vehicle, with or without motor power, other than a pole trailer, 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.
TANK TRUCK. See TRUCK.
THROUGH TRUCK. See TRUCK.
TRAFFIC AUTHORITY. The commanding officer of the Traffic Bureau.
TRAFFIC BUREAU. The Traffic Bureau of the Police Department of the city.
TRAILER. Any vehicle, with or without motor power, designed for carrying property and being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. TRAILER does not include pole trailer.
TRUCK. Any motor vehicle designed, used or maintained primarily for the transportation of property.
(a) LOCAL DELIVERY TRUCK. Any motor vehicle or truck with a gross weight, including its load, of more than 5,000 pounds, or any truck tractor, farm tractor, road tractor, trailer, semitrailer, tank truck or pole trailer or any combinations of any of these vehicles with a gross weight of more than 5,000 pounds and has a terminal in the city, and a point of origin or point of destination in the city for a pickup or a delivery of cargo, goods, wares, merchandise or commodities or a scheduled stop in the regular course of business.
(b) TANK TRUCK. Every truck, trailer or semitrailer designed or used to carry fluids.
(c) THROUGH TRUCK. Any motor vehicle or truck with a gross weight, including its load, of more than 5,000 pounds. Any truck tractor, farm tractor, road tractor, trailer, semitrailer, tank truck or pole trailer or any combinations of any of these vehicles, which may enter the city destined to a point outside of the city and having neither a point of origin nor a point of destination in the city for a pickup or delivery of cargo, goods, wares, merchandise or commodities, or a scheduled stop or having no terminal in the city and no pickup or delivery in the city.
TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
TRUCK TRAFFIC NO PASSING ZONE. The area, space, or street or part of a street officially designated and set apart within or on a street where no truck, truck tractor, farm tractor, road tractor, trailer, semitrailer, tank truck, pole trailer or motor vehicle with a gross weight in excess of 5,000 pounds, including its load, is permitted to pass any other vehicle.
VEHICLE. Every device in, on or by which any person or property is or may be transported or drawn on any highway, street or road, except devices moved by human power or used exclusively on stationary rails or tracks.
(Ord. 3890, passed 5-14-1973)
(B) Whenever words and phrases used herein are not defined herein but are defined in another traffic ordinance of the city, the definition shall be deemed to apply to those words and phrases used herein.
(C) Whenever any words and phrases used herein are not defined in any ordinances of the city, but are defined in the state vehicle laws, those definitions shall be deemed to apply to the words and phrases used herein.
(Prior Code, § 70.01)
(A) It shall be the duty of the officers of the Police Department of the city to enforce the provisions of this title and all state laws applicable to street traffic in the city. Officers of the Police Department are hereby authorized to direct all traffic, either in person or by means of visible or audible signals, in conformance with all traffic laws, this code or other ordinances of the city. However, in the event of a fire or other emergency, or to expedite traffic or safeguard pedestrians, officers of the Police or Fire Department may direct traffic, as conditions may require, notwithstanding the provisions of this chapter.
(B) It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer or firefighter when acting in accordance with division (A) above.
(Prior Code, § 70.02) Penalty, see § 70.99
Statutory reference:
Authority of police officers to regulate traffic, see I.C. 9-21-1-3(a)(2)
(A) Whenever the traffic safety officer and the Chief of Police, in the course of an engineering and traffic survey, deem it advisable to add or delete other streets to the schedules in Chapters 76 and 77, they may do so on a temporary basis. These streets and locations, when posted by signs, shall be deemed to be for a temporary period to be incorporated within the terms of this chapter, and persons violating this chapter shall be deemed guilty of an offense as if they were incorporated within the respective sections as scheduled in Chapters 76 and 77.
(B) Upon the posting of streets, as provided for by division (A) above, the Chief of Police shall immediately forward copies of any addition to the schedules to the Board of Public Works and Safety and to the Common Council. In the event that the Board of Public Works and Safety or the Common Council shall, by resolution, deem the addition to the schedules unwise or improper, then the signs shall be immediately removed.
(C) Unless and until the Board of Public Works and Safety or the Common Council disapproves of the proposed addition or modification to the appropriate schedules, then the Chief of Police and the traffic safety officer may maintain the signs for any period they may deem sufficient to properly evaluate the effects and benefits of the addition or modification to the schedules, but that period shall not exceed 1 year.
(D) At least once every year, the traffic safety officer and the Chief of Police shall forward to the Board of Public Works and Safety and the Common Council lists of suggested modifications in the schedules in Chapters 76 and 77, as determined by engineering and traffic surveys and as verified by temporary posting of signs as described in division (A) above.
(Prior Code, § 70.03)
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