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§ 70.03 TRANSPORTATION OF HAZARDOUS MATERIALS PROHIBITED.
   (A)   “HAZARDOUS MATERIAL” shall be defined as provided in IC 13-11-2-96, as presently enacted and/or subsequently included.
   (B)   No vehicle shall transport any hazardous material on Vaughn Drive east of Ferry Street for a distance of 1,000 feet or on West Second Street between McIntyre Street and Madison Avenue. Other than the aforementioned streets, the transportation of hazardous materials which comply with federal, state, and local laws may be permitted elsewhere within the city limits and as permitted on Indiana State Highways 7, 421, 56, and 62.
(Ord. 2000-3, passed 5-1-00; Am. Ord. 2020-16, passed 9-22-20)
§ 70.04 GOLF CARTS.
   The operation of a golf cart within the City of Madison is strictly prohibited unless the golf cart is operated and equipped in full compliance with this section. Golf carts may be operated on city streets except as restricted below.
   (A)   A golf cart shall not cross Clifty Drive at any point.
   (B)   Golf carts shall not be operated on Michigan Hill Road between Milton Street and Autumnwood Lane.
   (C)   Golf carts may not be operated on State Roads 56, 62, or 7, U.S. Highway 421, Main Street in downtown Madison running from the intersection of Jefferson Street to the top of Hanover Hill where the road reconnects with State Road 56, or any federal highway at any time. Golf carts may cross Clifty Drive at the intersections of Wilson Avenue and Cragmont Street. Golf carts may cross Main Street only at intersections controlled by automatic stop lights. Additionally, golf carts may cross Highway 421 at a right angle at the intersection of Walnut Street and Aulenbach Avenue and cross Highway 7 at a right angle at the intersection of Orchard Street and Green Road.
   (D)   Operators of golf carts shall at all times yield the right-of-way to faster moving traffic, and may not impede the regular flow of traffic.
   (E)   Golf carts shall not be operated on streets and highways of the City of Madison, Indiana during one-half hour after sunset to one-half hour before sunrise unless the golf cart is equipped with two operating headlights (one on each side of the front of the golf cart) and two operating tail lights with brake lights (one on each side of the rear of the golf cart) which are visible from a distance of 500 feet.
   (F)   Operators of golf carts not equipped with operating turn signals, shall give a continuous hand signal for a minimum of 200 feet of their intention to turn off of the street they are traveling.
   (G)   Golf carts shall be identified as slow moving vehicles by a state approved triangular slow moving vehicle sign with the top of the sign positioned a minimum of five feet and a maximum of six feet above the road surface and clearly visible at all times while being operated on city streets.
   (H)   Golf carts shall not be operated on city sidewalks or city walking paths, including but not limited to, Heritage Trail.
   (I)   The number of occupants in a golf cart shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart.
   (J)   The operator and all occupants shall be seated in the golf cart and no part of the body of the operator or occupant shall extend outside the perimeter of the golf cart while the golf cart is in motion.
   (K)   Only persons over 16 years of age and holding a driver’s license may operate a golf cart.
   (L)   The operator of the golf cart shall comply with all traffic rules and regulations adopted by the State of Indiana and the City of Madison which govern the operation of motor vehicles.
   (M)   Beginning January 1, 2010, all golf carts operated on the city streets of the City of Madison shall be registered with the City of Madison and bear a registration sticker. The city shall collect a fee for said registration, which shall be set from time to time by the Board of Public Works and Safety. The City of Madison will provide a copy of the golf cart rules and regulations to the golf cart owners at the time the annual permit is issued.
   (N)   The financial ability of the operator or owner notwithstanding, the operator of a golf cart must show financial responsibility when operating a golf cart.
   (O)   Written proof of financial responsibility must be available either on the golf cart or carried by the operator at all times.
   (P)   Liability insurance coverage on a golf cart shall be in an amount not less than the minimum required by Indiana law for motor vehicles operated on public highways in the State of Indiana.
(Ord. 2009-10, passed 8-18-09; Am. Ord. 2020-8, passed 6-16-20; Am. Ord. 2021-4, passed 5-4-21) Penalty, see § 70.99
§ 70.05 ENGINE BRAKING PROHIBITED.
   (A)   "COMPRESSION RELEASE ENGINE BRAKE" means a hydraulically operated device that converts a power producing diesel engine into a power retarding mechanism.
   (B)   A person who drives a motor vehicle equipped with compression release engine brakes may not use the motor vehicle's compression release engine brakes instead of the service brake system, except in the case of failure of the service brake system, within the city limits of the City of Madison, Indiana.
   (C)   Citations for violation of this section may be issued by any sworn member of any state law enforcement agency.
(Ord. 2010-1, passed 2-2-10) Penalty, see § 70.99
PARKING AND TRAFFIC REGULATIONS
§ 70.20 DEFINITIONS.
   The following words and phrases when used in this subchapter shall, for the purpose of this subchapter, have the meanings respectively described to them in this subchapter.
   "BUSINESS PARKING AREA." Any private property adjacent to a business establishment (or separated from a business establishment only by a street, highway, a private road or driveway) which is intended by the owner or lessee of such property to be used for the parking of motor vehicles or motorcycles while the operator thereof or passengers therein conduct or attempt to conduct bona fide business transactions in such business establishment.
   "CROSSWALK." That portion 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; also, any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
   "DRIVER." Every person who drives or is in actual physical control of a vehicle.
   "FARM TRACTOR." Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
   "MOTOR VEHICLE." Every vehicle, except a motorcycle or motorized bicycle, which is self- propelled.
   "MOTORCYCLE." Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor or motorized bicycle.
   "MOTORIZED BICYCLE." A two or three wheeled vehicle that is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following:
      (1)   An engine rating of not more than two horsepower and a cylinder capacity not exceeding 50 cubic centimeters.
      (2)   An automatic transmission.
      (3)   A maximum design speed of not more than 25 miles per hour on a flat surface.
   "OWNER." A 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 an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner of the vehicle for the purpose of this subchapter.
   "PEDESTRIAN." Any person afoot.
   "PERSONS." Every natural person, firm, partnership, association or corporation.
   "POLICE OFFICER." Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
   "PRIVATE ROAD" or "DRIVEWAY." Every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner but not by other persons.
   "ROADWAY." That portion of a highway improved, designed, or ordinarily used for vehicular travel.
   "SEMITRAILER." Every 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.
   "SHOPPING CENTER." A group of retail outlets in Madison, Indiana, planned and developed as a unit, or managed as a unit, and containing: a total floor area designated for retail occupancy of 25,000 square feet or more; at least three tenants; and on-site parking.
   "SIDEWALK." That 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.
   "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.
   "TRAFFIC." Pedestrians, streetcars, vehicles, and other conveyances either singly or together while using any highway (or other traveled surface) for purposes of travel.
   "TRAILER." Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that very little of its weight rests upon the towing vehicle.
(Ord. 1998-10, passed 8-18-98)
§ 70.21 PARKING AND TRAFFIC REGULATIONS.
   A person who:
   (A)   Parks a motor vehicle, a motorcycle or a motorized bicycle in a manner other than in substantial compliance with the general parking scheme as indicated by lines or other markings on the surface of the parking area, including, but not limited to, parking in a "No Parking Zone" or other area clearly not intended for parking, parking in a crosswalk, parking on a sidewalk, or parking in such a manner as to occupy all or parts of substantially more than one parking space, or
   (B)   Parks a motor vehicle, a motorcycle, a motorized bicycle, a trailer or semitrailer in or otherwise unreasonably interferes with the availability of, use of, or obstructs any portion of a private road, business parking area, designated handicapped parking area or space or driveway designated as a fire lane; or
   (C)   Operates a motor vehicle, a motorcycle, a motorized bicycle or a tractor on a private road or driveway, a public parking lot or a Business Parking Area for a purpose other than going to and from a parking place, looking for a parking place when all or nearly all parking spaces are occupied, or entering or exiting such public parking lot or business parking area without a bona fide intent to conduct business with the public facility which is served by such public parking lot or with the merchant whose business establishment is served by such private road or driveway or business parking area; or
   (D)   Parks a motor vehicle, a motorcycle, a motorized bicycle, a tractor, a trailer or a semitrailer in a business parking area for a purpose other than conducting business or making a bona fide attempt to conduct business with a merchant whose business establishment is served by such business parking area; or
   (E)   Operates a motor vehicle, motorcycle or motorized bicycle on a private road or driveway or business parking area in such a manner as to unduly restrict or impede the movement of pedestrians or other traffic; or
   (F)   Litters or otherwise improperly disposes of trash or refuse while on a street, highway, private road, driveway, public parking lot or business parking area; or
   (G)   With the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, congregates with other persons (including persons who congregate in motor vehicles) in a public place or on a private road or driveway or in a business parking area, commits a violation of this subchapter. This subchapter may be enforced by any police officer of the city.
(Ord. 1998-10, passed 8-18-98) Penalty, see § 70.99
§ 70.22 CONTRACTS WITH SHOPPING CENTERS.
   The city is authorized to contract with the owner or lessee of a shopping center or business parking area to empower the city to regulate by ordinance the parking of vehicles and the traffic at the shopping center or business parking area. In addition to any other provisions contained in any contract with any shopping center or business parking area, the parking and traffic regulations established by this subchapter are hereby incorporated into each and every such contract with any shopping center or business parking area owner or lessee. The parking and traffic regulations established by this subchapter or pursuant to any contract to this subchapter may be enforced by any police officer of the city.
(Ord. 1998-10, passed 8-18-98)
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