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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)
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
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)
There shall be appointed by the Common Council an agent to represent the city who shall be responsible for working with the owner or lessee of any shopping center or business parking area who enters into a contract with the city to design the appropriate traffic controls to regulate both vehicular and pedestrian traffic, its movement and parking. These traffic controls are to constitute a traffic plan for the area of the shopping center or business parking area and any public areas abutting the shopping center or business parking area. In addition to the parking and traffic regulations established by this subchapter which shall be included in the traffic plan, said traffic plan may include, but not limited to, the following:
(A) The erection of stop signs, flashing signals, or yield signs at specified locations in a parking area and the adoption of appropriate regulations, for the designation of any intersection in the parking area as a stop intersection, or as a yield intersection and the ordering of like signs or signals of one or more entrances to that intersection;
(B) The prohibition or regulation of the turning of vehicles or specified types of vehicles at intersections or other designated locations in the parking areas;
(C) The regulation of a crossing of any roadway or designated roadway in the parking area by pedestrians;
(D) The designation of any separate roadway or designated separate roadway in the parking area for one-way traffic.
(E) The establishment and regulation of loading zones;
(F) The prohibition, regulation, restriction, or limitation of the stopping, standing, or parking of vehicles in specified areas of the parking area;
(G) The designation of safety zones in the parking area and fire lanes;
(H) The removal and storage of vehicles parked or abandoned in the parking area during snow storms, floods, fires, or other public emergencies, or found unattended in the parking area where they constitute an obstruction to traffic, or where stopping, standing, or parking is prohibited, and for the payment of reasonable charges for such a removal and storage by the owner or operator of such vehicle;
(I) The prohibition, regulation, restriction or limitation of the stopping, standing or congregation of pedestrians or individuals in specified areas of the shopping center or business parking area;
(J) The removal and storage of vehicles parked or abandoned in the parking area during certain posted hours that the parking area is closed or in violation of any other rules or regulations adopted as a part of the "traffic plan", and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle; and
(K) Such additional reasonable rules and regulations with respect to traffic, parking in a parking area and pedestrians as local conditions may require for the safety and convenience of the public or of the users of the parking area and shopping center.
(Ord. 1998-10, passed 8-18-98)
(A) This Traffic Code, with respect to all regulations governing traffic and regulating the use of public streets and highways and controlling the use of parking meters and handicapped parking zones, shall hereafter be governed by this penalty § 70.99
which hereby incorporates by reference the infraction and ordinance violation enforcement proceedings set forth in IC 34-28-5-1 through 34-28-5-14, in order that said Traffic Code, violations thereof, and the enforcement thereof shall be accomplished in a manner consistent and in compliance with said statutory provisions.
(Ord. 1987-13, passed 7-21-87)
(B) (1) Any person or persons who violate the parking and traffic regulations established in §§ 70.02 through 70.23 of this chapter, or as part of the traffic plan of any shopping center or business parking area that has entered into an agreement with the city, is guilty of a violation of this chapter and shall be fined in an amount of not less than $10 and not more than $100 for each violation.
(2) Any person who, within a 12 month period, accumulates judgments of the number and type specified in the following subdivisions (a), (b) and (c) shall be fined in accordance with division (B)(2)(e) of this section.
(a) This subdivision applies whenever a person accumulates two or more judgments, singularly or in combination, not arising out of the same incident, for violations of § 70.21(C), (D) or (E).
(b) This subdivision applies whenever a person accumulates three or more judgments, singularly or in combination, not arising out of the same incident, for violations of § 70.21(A), (B) or (G).
(c) This subdivision applies whenever a person accumulates three or more judgments, singularly or in combination, not arising out of the same incident for violations of § 70.21(A), (B), (C), (D), (E), (F) or (G).
(d) For purposes of this subdivision the following definitions shall apply:
"JUDGMENT." A judgment against the defendant for violation of this chapter.
"VIOLATION." A violation of this chapter.
(e) Any person or persons who have a judgment entered against them under subdivisions (a), (b), or (c) of this division (B) of this chapter shall be fined in an amount of not less than $30 and not more than $300 for such violation.
(Ord. 1998-10, passed 8-18-98)
(C) Anyone failing to stop in accordance with the signs provided in Chapter 73, Schedule III, shall be guilty of a Class D infraction which carries a penalty of up to $25.00.
(D) A violation of any provision of § 70.04 shall constitute a violation of the Madison City Code. An owner, lessee or operator may be cited to appear in a court of competent jurisdiction by issuance of an Indiana uniform traffic ticket. Upon a finding by such court that an owner, lessee or operator of a golf cart has violated any provisions of § 70.04, such person shall be subject to a fine of $25 for first offense, $50 for second offense, not less than $100 for third offense and in any event, not to exceed $200 for each offense along with court costs.
(E) Any person who violates the provisions of § 70.05 shall be guilty of an infraction, punishable by a fine of not more than $100.
(Ord. 2005-3, passed 5-3-05; 2005-6, passed 6-21-05; Ord. 2005-7, passed 6-21-05; Ord. 2005-9, passed 6-21-05; Ord. 2005-10, passed 6-21-05; Ord. 2005-11, passed 6-21-05; 2005-12, passed 6-21-05; 2005-13, passed 6-21-05; Ord. 2005-14, passed 6-21-05; Ord. 2009-10, passed 8-18-09; Ord. 2010-1, passed 2-2-10; Am. Ord. 2020-16, passed 9-22-20)