(A) Definitions. For the purpose of shopping centers and business parking areas, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) BUSINESS PARKING AREA. Any private property adjacent to a business establishment (or separated from a business establishment only by a street, highway, or private road or driveway) which is intended by the owner or lessee of the 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 the business establishment.
(2) 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 bylines or other markings on the surface.
(3) DRIVER. Every person who drives, or is in actual physical control of a vehicle.
(4) FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(5) 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.
(6) MOTORIZED BICYCLE. A bicycle with operable peddles which may be propelled by human power or by an internal combustion engine or a battery powered motor, or by both, and when powered by an internal combustion engine having a rating of not more than 1-5/10 brake horsepower and a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour on a flat surface.
(7) MOTOR VEHICLE. Every vehicle, except a motorcycle or motorized bicycle, which is self-propelled.
(8) 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 the conditional vendee or lessee or mortgagor shall be deemed the owner of the vehicle for the purposes of this section.
(9) PEDESTRIAN. Any person afoot.
(10) PERSONS. Every natural person, firm, partnership, association, or corporation.
(11) POLICE OFFICER. Every officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations.
(12) 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.
(13) ROADWAY. That portion of a street between the curb liens, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(14) SEMI-TRAILER. Every vehicle with or without motive power designated 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.
(15) SHOPPING CENTER. A group of retail outlets in the town, planned and developed as a unit, or managed as a unit, and containing:
(a) A total floor area designated for retail occupancy of 25,000 square feet or more;
(b) At least three tenants; and
(c) On-site parking.
(16) 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.
(17) 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 purpose of vehicular travel.
(18) TRAFFIC. Pedestrians, streetcars, vehicles, and other conveyances either singularly or together while using any highway (or other traveled surface) for purposes of travel.
(19) 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.
(B) Parking and traffic regulations. A person who does any of the following commits a violation of this section regarding shopping center and business parking areas. These sections may be enforced by any police officer of the State of Indiana.
(1) 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 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;
(2) Parks a motor vehicle, a motorcycle, a motorized bicycle, or a trailer or semi-trailer 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 a space or driveway designated as a fire lane;
(3) 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 purpose other than going to and from a parking place, or looking for a parking area without a bona fide intent to conduct business with the public facility which is served by the public parking lot or with the merchant whose business establishment is served by such private road or driveway or business parking area; or
(4) Parks a motor vehicle, a motorcycle, a motorized bicycle, a tractor, a trailer or a semi-trailer 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 the business parking area;
(5) 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;
(6) 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
(7) With the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, congregates with other persons (including person who congregate in motor vehicles) in a public place, or other private road or driveway, or in a business parking area and refuses to comply with a lawful order of the police to disperse.
(C) Contracts with shopping centers. The town is authorized to contract with the owner or lessee of a shopping center to empower the town to regulate by ordinance the parking of vehicles and the traffic at the shopping center(s). In addition to any other provisions contained in any contract with any shopping center, the parking and traffic regulations established by this division are incorporated by this reference into each and every such contract with any shopping center owner or lessee. The parking and any contract entered into with any shopping center owner or lessee pursuant to this division may be enforced by any police officer of the State of Indiana.
(D) Enforcement proceedings to comply with state law. Proceedings to enforce this section shall be subject to and in compliance with the applicable portions of I.C. 34-4-32-1 through 34-4-32-6 and any and all amendments thereto.
(Ord. 2005-002, passed 1-10-05)