Lake Station City Zoning Code

The following words and phrases when used in this traffic code shall, for the purpose of this traffic code, have the meanings respectively ascribed to them in this article. Those words and phrases not specifically addressed herein shall be governed by the Indiana Code definition.

(a)

Accident means acts and omission to act which are intentional, wilful and wanton conduct or done with a reckless disregard for the rights of others, negligent, inexcusable under the law, or unpreventable or unforeseeable. (I.C. 9-3-1-1(e))

(b)

Alley means a public thoroughfare which affords only secondary means of vehicular access to abutting property.

(c)

Authorized emergency vehicle means the following:

(1)

Vehicles of the fire department, police vehicles, medical services vehicles, and ambulances and other emergency vehicles operated by or for hospitals, or health and hospital corporations under I.C. 16-12-21.

(2)

Vehicles other than ambulances which are owned by persons, firms, or corporations other than hospitals, are used in emergency service and are designated as emergency vehicles by the Indiana Department of Highways.

(3)

Ambulances which are owned by persons, firms, or corporations other than hospitals and which are approved by the Indiana Emergency Medical Services Commission. (I.C. 9-4-1-2(d))

(d)

Bicycle means any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground. (I.C. 9-4-1-2(f))

(e)

Bus means every motor vehicle and every passenger-carrying semitrailer used for the purpose of carrying passengers on a regular schedule of time and rates between fixed termini. (I.C. 9-1-1-2(1))

(f)

Business district means the territory contiguous to and including a highway when fifty (50) percent or more of the frontage thereon for a distance of five hundred (500) feet or more is occupied by buildings in use for business. (I.C. 9-4-1-18(a))

(g)

Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property.

(h)

Crosswalk means that 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; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (I.C. 9-4-1-16)

(i)

Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or freight.

(j)

Flagman means any authorized person directing traffic at a worksite. (I.C. 9-4-1-19.5)

(k)

Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.

(l)

Handicapped means any person who:

(1)

has a temporary or permanent physical disability that requires the use of a wheelchair, walker, braces, or crutches;

(2)

has temporarily or permanently lost the use of one (1) or both legs, or one (1) or both arms, or any combination thereof; or

(3)

is certified by a physician having an unlimited license to practice medicine in Indiana to be severely restricted in mobility, either temporarily or permanently, by a pulmonary or cardiovascular disability, visual impairment, arthritic or neurological impairment or any combination thereof. (I.C. 9-7-4.1-1 and I.C. 5-16-9-7(a))

(m)

Intersection means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

When a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. (I.C., 9-4-1-15)

(n)

Interstate highway means a portion of the national system of interstate and defense highways. (I.C., 8-12-2-2(a))

(o)

Laned highway means a public highway which is divided into three (3) or more clearly marked lanes for vehicular traffic. (I.C., 9-4-1-14(e))

(p)

Limited access facility means a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of direct access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded, or they may be freeways open to use by all customary forms of street and highway traffic. (I.C., 8-11-1-2)

(q)

Major recreational equipment means every vehicle with or without motive power equipped exclusively for living quarters for persons traveling upon the public highways including travel trailers, travel coaches, pickup campers, motorized dwellings, tent trailers and in addition thereto boats and boat trailers, snowmobiles and snowmobile trailers and other motive and non-motive recreational equipment of a similar nature and attendant trailers. (I.C., 9-1-1-2(t))

(r)

Medical services vehicle means every vehicle that is used or intended to be used for the purpose of responding to emergency life-threatening situations and providing emergency transportation service, or any vehicle that is routinely used to transport patients who are not acutely ill or injured in a life-threatening manner. (I.C., 9-1-1-2(cc))

(s)

Motorcycle means a motor vehicle, except a farm tractor as defined by I.C., 9-1-1-2(i), or a motorized bicycle, with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. (I.C., 9-4-1-2(c))

(t)

Motorized bicycle means a bicycle with operable pedals 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 no more than one and five-tenths (1.5) brake horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission, and a maximum design speed of no more than twenty-five (25) miles per hour on a flat surface. (I.C., 9-1-1-2(ii), and I.C., 9-4-1-2(h))

(u)

Motor vehicle means every vehicle, except a motorized bicycle, which is self-propelled. (I.C., 9-4-1-2(b))

(v)

Official time standard means that whenever certain hours are named herein, they shall be the prevailing local time.

(w)

Official traffic control devices means all signs, signals, markings and devices including railroad advance warning signs, not inconsistent with this traffic code placed or erected by the authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (I.C., 9-4-1-19(a))

(x)

Official traffic control signals means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. (I.C., 9-4-1-19(b))

(y)

Operator means every person who drives, or is in actual physical control of, a motor vehicle upon a public highway or elsewhere or who is exercising control over, or steering, a motor vehicle being towed by a motor vehicle. (I.C., 9-4-1-11(c))

(z)

Owner means a person who owns, or has ownership interest in, a vehicle or motor vehicle (as those terms are defined at I.C. 9-4-1-4(a) and 9-4-1-2(b), respectively), or in a recreational vehicle, watercraft, or trailer.

(aa)

Park when prohibited, means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose and while actually engaged in loading or unloading within the time limits established by the traffic code.

(bb)

Parking facility means any facility or combination of facilities for motor vehicle parking which contains parking spaces for the public. This does not include a parking area that charges a fee for parking spaces. (I.C., 5-16-9-1)

(cc)

Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

(dd)

Pedestrian means any person afoot. (I.C., 9-4-1-11(b))

(ee)

Person means every natural person, firm, copartnership, association, or corporation. (I.C., 9-4-1-11(a))

(ff)

Police officer means every regular member of the Lake Station Police Department or any other person invested by law with authority to direct, control or regulate traffic or to make arrests for violations of traffic regulations. (I.C., 9-4-1-12)

(gg)

Public highway means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel, including highways, streets and alleys. (I.C., 9-1-1-2(q) and I.C., 9-4-1-14(a)).

(hh)

Private bus means every motor vehicle, designed and constructed for the accommodation of passengers and which is used for the transportation of passengers by a religious, fraternal, charitable or benevolent organization or youth association. The term "private bus" shall include either the chassis or the body of the vehicle or shall include both the body and the chassis of any such vehicle: however, any vehicle having the seating capacity of fifteen (15) persons or less shall not be deemed to be a private bus, nor shall any school bus or any bus used to carry passengers for hire be considered a private bus. (I.C., 9-4-1-2(g))

(ii)

Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. (I.C., 9-4-1-14(b))

(jj)

Railroad sign or signal means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (I.C., 9-4-1-19(c))

(kk)

Residential district means the territory contiguous to and including a highway not comprising a business district, when the property on such highway for a distance of five hundred (500) feet or more is in the main improved with residences or residences and buildings in use for business. (I.C., 9-4-1-18(b))

(ll)

Right-of-way means the privilege of the immediate use of the highway. (I.C., 9-4-1-21)

(mm)

Roadway means that portion of a street or highway, improved, designed or ordinarily used for vehicular travel. (I.C., 9-4-1-14(c))

(nn)

Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (I.C., 9-4-1-17)

(oo)

School bus means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or school functions or privately owned and operated for compensation for the transportation of children to or from school or school functions. (I.C., 9-4-1-2(e))

(pp)

Semitrailer means every vehicle without motive power, designed for carrying 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, except every pole trailer as defined by I.C., 9-1-1-2(ee), every two-wheeled homemade trailer, and a semi-trailer used exclusively for carrying passengers, as defined under the term "bus". (I.C., 9-1-1-2(f)), (I.C., 9-4-1-14(d))

(qq)

Sidewalk means that part of a street right-of-way, outside of and away from the edge or curb of the street, which is improved as a walkway for pedestrian traffic.

(rr)

Stop when required, means a complete cessation of movement.

(ss)

Stop, stopping or standing when prohibited, means 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 official traffic control device or signal.

(tt)

Through highway means every 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 such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in the traffic code. (I.C., 9-4-1-14(f))

(uu)

Tractor means every motor vehicle designed and used primarily for drawing or propelling trailers, semitrailers, or vehicles of any kind, except a "farm tractor" as defined by I.C., 9-1-1-2(h), "farm tractor used in transportation" as defined by I.C., 9-1-1-2(i), or a tractor which is used exclusively for drawing a passenger-carrying semitrailer. (I.C., 9-1-1-2(g))

(vv)

Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together while using any street for the purposes of travel. (I.C., 9-4-1-20)

(ww)

Traffic code means that this Chapter and all ordinances supplemental or amendatory thereto shall be known as the "Traffic Code of the City of Lake Station, Indiana."

(xx)

Traffic division means the Traffic Division of the Lake Station Police Department, or in the event a traffic division is not established, then such term whenever used herein shall be deemed to refer to the Lake Station Police Department.

(yy)

Trailer means every vehicle without motive power, designed for carrying persons or property, and designed for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle, and including every pole trailer as defined by I.C., 9-1-1-2(ee), and every two-wheeled homemade trailer. (I.C., 9-1-1-2(e))

(zz)

Truck means every motor vehicle designed, used, or maintained primarily for the transportation of property. (I.C., 9-1-1-2(d))

(aaa)

Urban district means 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 two hundred (200) feet for a distance of a quarter (¼) of a mile or more. (I.C., 9-4-1-18(c))

(bbb)

Vehicle means every device in, upon, or by which any person or property is, or may be, transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (I.C., 9-4-1-2(a))

(ccc)

Worksite means a location or area upon which a public purpose construction or maintenance activity, or a private purpose construction or maintenance activity which is properly authorized by a governmental agency, is being performed on a public highway. (I.C., 9-4-1-19.6)

(ddd)

Person means any individual, corporation, partnership, limited liability company, limited liability partnership, joint venture, trust, trustee, beneficial owner of a land trust, nominee of a landowner, or any other legal entity.

(eee)

City means the City of Lake Station, Indiana, an Indiana municipal corporation.

(fff)

Landowner means a person owning an interest in a lot as a grantee, purchaser, or otherwise, whether such interest is legal or equitable, in common or joint, or as a tenant or landlord. A mortgage holder or other lien holder shall not be deemed a landowner.

(ggg)

Street means and refers to any dedicated road or way which has been improved and is maintained by the city for public use by motorized vehicular traffic, whether paved or unpaved.

(hhh)

Parkway means that area of land lying between the edge of a street and the nearest edge of the sidewalk adjacent to and running parallel to that side of said street. Where no sidewalk exists, the term shall mean and refer to that area of land in a lot lying between the curb edge of a street and a line parallel to and fifteen (15) feet distant from the edge of said street.

(iii)

Lot means a parcel, plot, or division of land which has frontage on a street, whether or not plotted.

(jjj)

Front yard means the open space on a lot, lying between the edge or curb of a street adjoining the lot and the front entry of the structure nearest the street.

(kkk)

Rear yard means the open space lying between the side of a structure opposite the front entry thereof, and the lot's rear boundary line.

(lll)

Side yard means the open space or spaces lying between the front yard and the rear yard on a lot.

(mmm)

Recreational vehicle means a vehicle with or without motive power, equipped for living quarters for persons.

(nnn)

Watercraft means a contrivance used or designed for navigation on water, including without limitation, a vessel, boat, motor vessel, steam vessel, sailboat, or any marine equipment capable of carrying passengers.

(ooo)

Occupancy, occupied means a condition of a human habitation, including by way of example and without limitation, living in, dwelling within, performing daily living activities within, sleeping within, or housekeeping within.

(Ord. No. 2001-17, § § 1, 2, 12-7-2001)

It shall be the duty of the police department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

(Code § 305.03)

Whenever the accidents at any particular location become numerous, the police department shall cooperate with the board of public works and safety in conducting studies of such accidents and determining remedial measures.

The police department shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location.

(Code § 305.05)

The police department shall annually prepare a traffic report which shall be filed with the board of public works and safety. Such report shall contain information on traffic matters in the city as follows:

(a)

The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

(b)

The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

(c)

The plans and recommendations of the department for future traffic safety activities.

(Code § 305.07)

The chief of police shall in addition to his other functions exercise the powers and duties with respect to traffic as provided in this traffic code.

(a)

It shall be the general duty of the chief of police to advise the board of public works and safety as to the installation and proper timing and maintenance of official traffic control devices, and official traffic control signals, conduct analyses of traffic accidents and to devise remedial measures, to conduct investigations of traffic conditions, to plan the operation of traffic on the streets and highways of this city, to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by this Code.

(b)

Whenever in the administration of this traffic code the board of public works and safety takes action as provided herein, the common council shall receive notice thereof and such acts shall be subject to review by the common council within ninety (90) days of such notice. However, such action of the board of public works and safety shall remain in full force and effect until such time as it is modified or revoked upon such review or in the absence thereof.

(a)

The chief of police, by and with the approval of the board of public works and safety, is empowered to make regulations necessary to make effective the provisions of the traffic code of the city and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.

(b)

The Chief of Police may test traffic control devices and signals under actual conditions of traffic.

(a)

It shall be the duty of the officers of the Police Department or such persons as are assigned by the Chief of Police to enforce the Traffic Code of this City and the several statutes of the State of Indiana.

(b)

Officers of the Police Department or such persons as are assigned by the Chief of Police are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that in the event of a fire or other emergency, or to expedite traffic or safeguard pedestrians, officers of the Police Department or other authorized persons may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

It is a violation for any person to do any act forbidden or fail to perform any act required by this Traffic Code.

(Code § 309.02)

No person shall willfully fail or refuse to comply with any lawful order or direction of a Police Officer.

Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of the Traffic Code applicable to the driver of any vehicle, except those provisions of the Traffic Code which by their very nature can have no application.

(Code § 309.04)

No person upon roller skates, or riding in or by means of any coaster, motor-driven go-cart, toy vehicle or similar device, shall go upon any roadway except while crossing a street on a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of this City. (Code § 309.05)

The provisions of this Traffic Code shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County or City, and it shall be unlawful for any such driver to violate any of the provisions of this Traffic Code, except as otherwise permitted in this Traffic Code or by State statute.

(Code § 309.06)

(a)

The driver of an authorized emergency vehicle when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b)

The driver of an authorized emergency vehicle may:

(1)

Park or stand, irrespective of the provisions of this Traffic Code;

(2)

Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3)

Exceed the maximum speed limits so long as he does not endanger life or property;

(4)

Disregard regulations governing direction of movement or turning in specified directions.

(c)

The exemptions herein granted to an authorized emergency vehicle shall apply only when meeting the requirements of law, such vehicle is making use of audible or visual signals meeting the requirements of law, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

(d)

The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and property, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

The Street Department with authority and supervision of the Chief of Police shall place and maintain traffic control devices and signals when and as required under the Traffic Code of the City to make effective the provisions of the Traffic Code, and may place and maintain such additional traffic control devices and signals as may be deemed necessary to regulate traffic under the Traffic Code of the City or under State law, or to guide or warn traffic at a worksite or other duly designated locations.

All traffic control for a uniform system of traffic control devices and signals shall conform to the manual and specifications approved by the Department of Highways pursuant to I.C., 9-4-1-30, two (2) copies of which are on file with the Clerk-Treasurer. The Board of Public Works and Safety may adopt by resolution a system of Traffic Control devices and signals not in conflict thereto. All signs and signals required for a particular purpose shall so far as practicable be uniform as to type and location throughout the City. All traffic control devices and signals so erected and not inconsistent with the provisions of State law or this Traffic Code shall be official traffic control devices and signals.

(a)

The driver of any vehicle shall obey the instructions of any official traffic control device or signal placed in accordance with the Traffic Code of the City, unless at the time otherwise directed by a police officer, subject to the exception granted the driver of an authorized emergency vehicle by this Traffic Code.

(b)

When traffic control devices or flagmen are utilized at worksites on any public highway for traffic control, all motorists shall exercise extraordinary care to secure the mutual safety of all persons and motorists at the worksite.

(c)

All traffic shall observe and obey all such traffic control devices including signals, signs, and warnings and any and all such directions, signs, or warning devices that may be given or displayed by a police officer or flagman for the purpose of safely controlling traffic movement at the worksite and generally promoting safety at such location.

(d)

In addition to the traffic control devices utilized at worksites on public highways, the Superintendent of the Street Department may, under the supervision of the Chief of Police, establish speed limits when excessive speeds may endanger any person or any motorist at the worksite. The speed limits must be posted in compliance with the Manual on Uniform Traffic Control Devices.

No provision of this Traffic Code for which signs or markings are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular statute or Section of the Traffic Code does not state that signs are required, such Section shall be effective even though no signs are erected or in place

(Code § 313.04)

Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows, one (1) at a time or in combination, only the colors green, red, or yellow may be used, except for special pedestrian signals and the lights indicate and apply to drivers of vehicles and pedestrians as follows:

(a)

Green indication:

(1)

Vehicular traffic facing a circular green signal, except when prohibited under I.C., 9-4-1-103, may proceed straight through or turn right or left, unless a sign at such place prohibits either turn;

(2)

Vehicular traffic, including vehicles turning right or left, shall yield right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent sidewalk at the time such signal is exhibited;

(3)

Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time;

(4)

Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; and

(5)

Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(b)

Steady yellow indication:

(1)

Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated and that a red indication will be exhibited immediately thereafter; and

(2)

Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian may start to cross the roadway at that time.

(c)

Steady red indication:

(1)

Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subsection (c)(2);

(2)

Except when a sign is in place prohibiting such a turn, vehicular traffic facing a steady red signal, after coming to a complete stop, may cautiously enter the intersection to:

(a)

make a right turn; or

(b)

make a left turn if turning from the left lane of a one-way street into another one-way street with the flow of traffic;

but such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection; and

(3)

Unless otherwise directed by a pedestrian-control signal under I.C., 9-4-1-36, pedestrians facing a steady circular red signal alone shall not enter the roadway.

(d)

No Indication or Conflicting Indications:

(1)

Vehicular traffic facing an intersection having a signal that displays no indication or conflicting indications, where no other control is present, shall stop before entering the intersection; and

(2)

after stopping, vehicular traffic may proceed with caution through the intersection and shall yield the right-of-way to traffic within the intersection, or approaching so closely as to constitute an immediate hazard.

(e)

Nonintersection installations: the provisions of this Section apply to traffic control signals located at a place other than an intersection except those provisions which by their nature have no application. Any stop required under this Section must be made at the signal except when the signal is supplemented by a sign or pavement marking indicating where the stop must be made.

Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk" are in place, such signals shall indicate as follows:

(a)

Flashing or steady "Walk". Pedestrians facing the signal may proceed across the roadway in the direction of the signal and every driver of a vehicle shall yield the right-of-way to him.

(b)

Flashing or steady "Don't Walk". No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "Don't Walk" signal is showing.

(a)

Whenever an illuminated flashing red or yellow light is used in a traffic signal or with a traffic sign, it shall require obedience by vehicular traffic as follows:

(1)

Flashing Red (Stop Signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line before entering the crosswalk on the near side of the intersection or, if no line exists, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it and the right to proceed shall be subject to the rule applicable after making a stop at a stop sign, and

(2)

Flashing Yellow (Caution Signal). When a yellow lens is i illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(b)

This section does not apply to railroad grade crossings.

When lane use control signals are placed over individual lanes, signals shall indicate and apply to drivers of vehicles as follows:

(1)

green indication (downward green arrows) - vehicular traffic may travel in any lane over which green signal is shown;

(2)

steady yellow indication (yellow X symbol) - vehicular traffic is thereby warned that a lane control change is being made;

(3)

steady red indication (red X symbol) - vehicular traffic shall not enter or travel in any lane over which a red signal is shown; and

(4)

flashing yellow indication (yellow X symbol) - vehicular traffic may use the lane only for the purpose of approaching and making a left turn.

(a)

No person shall place, maintain or display upon or in view of any public highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. No person shall place or maintain upon any public highway any traffic sign or signal bearing thereon any commercial advertising.

No persons shall place, maintain, or display any flashing, rotating, or alternating light, beacon, or other lighted device which is visible from any public highway and which may be mistaken for or confused with a traffic control device or signal or for an authorized warning device on an emergency vehicle. This shall not be deemed to prohibit the erection, upon private property adjacent to public highways, of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(b)

No person shall place, or maintain or display any advertising sign, signal, or device on or over the roadway of any public highway.

(c)

No person shall place, maintain, or display any advertising sign, signal, or device on any public highway between the curb and sidewalk, and in case curb and sidewalk join, no person shall place, maintain, or display on the sidewalk any advertising sign, signal, or device closer than ten (10) feet from the curb line, and overhanging signs shall not overhang the curb.

(d)

No person shall place, maintain, or display any advertising sign, or device of any permanent or semipermanent character on any public highway or right-of-way inside the corporate limits of the City.

(e)

Every such prohibited sign, signal, or marking is declared to be a public nuisance, and the Board of Public Works and Safety is empowered to remove the same or cause it to be removed without notice.

The Board of Public Works and Safety shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any such driver shall exercise the greatest care in driving upon any such street or portion thereof.

(Code § 313.11)

The Chief of Police is authorized:

(a)

To designate and the Street Department shall maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary; and

(b)

To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. The Common Council shall follow the requirements of I.C., 9-4-1-86 and I.C., 9-4-1-87 when acting on the Chief of Police's recommendation.

(a)

The Street Department, at the direction of the Chief of Police is authorized to mark traffic lanes upon the roadway of any street or public highway where a regular alignment of traffic is necessary.

(b)

Where such traffic lanes have been marked, no operator of any vehicle shall fail or refuse to keep such vehicle within the boundaries of any such lane, except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

The Chief of Police is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof.

Where no special hazard exists, the speed of ten (10) miles per hour on alleys and on all roadways within public parks shall be lawful. No person shall operate any vehicle in excess of such limit, which shall be prima-facie evidence that such speed is not reasonable or prudent and that it is unlawful.

(Code § 317.03)

The driver of a vehicle intending to turn at an intersection shall do as follows:

(a)

Both the approach for a right turn and a right turn shall be as close as practical to the right-hand curb or edge of the roadway.

(b)

Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.

(c)

Approach for a left turn from a two-way street into a one-way shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into two-way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection.

(d)

Where both streets or roadways are one way, both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.

(e)

The Board of Public Works and Safety through the Chief of Police and the Street Department may cause markers, buttons or signs to be placed within or adjacent to intersections, and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection and when markers, buttons, or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs.

The Board of Public Works and Safety is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U turn, and shall authorize placement of proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

Whenever authorized signs are erected indicating that no right, left or U turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

(Code § 321.04)

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

(Code § 321.05)

Whenever the Board of Public Works and Safety designates any one-way street or alley, the Street Department shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed in every intersection where movement of traffic in the opposite direction is prohibited.

(Code § 321.06)

(a)

The Board of Public Works and Safety is authorized to determine and designate streets, parts of streets, or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The Street Department under the authority of the Board of Public Works and Safety may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.

(b)

No person shall operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section.

(a)

The Board of Public Works and Safety with reference to other highways under its jurisdiction, may, upon an engineering and traffic investigation, designate through highways and erect stop or yield signs at specified entrances thereto or may designate any intersection as a stop or yield intersection and erect like signs at one or more entrances to such intersection.

(b)

Every stop sign and yield sign shall be manufactured and installed in conformance with the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways as provided under I.C., 9-4-1-30, and under I.C., 9-4-2-1.

(c)

Every driver of a vehicle shall stop or yield in obedience to any such sign as the case may be, before entering such intersection except when directed to proceed by a police officer or traffic control signal.

The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or private driveway.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal installation.

The driver of any vehicle, other than one on official business, shall not follow any Fire Department vehicles traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where Fire Department vehicles have stopped in response to a fire alarm.

No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.

(Code § 333.02)

(a)

Vehicles with lighted headlights in a funeral procession have the right-of-way at any intersection and may proceed through the intersection if the procession is headed by a lead or escort vehicle displaying a flashing red light except:

(1)

when the right-of-way is required by an authorized emergency vehicle giving an audible signal, or

(2)

when the vehicles in procession are directed otherwise by a police officer.

(b)

Before assuming the right-of-way, the operator of each vehicle in the funeral procession must exercise due caution with regard to crossing traffic.

(c)

Operators of vehicles not a part of a funeral procession shall not form a procession and have their headlights lighted for the purpose of securing the right-of-way granted by this Section to funeral processions.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as closely as is practicable and safe.

(Code § 333.04)

The operator of a vehicle not in the funeral procession shall not drive his vehicle between the vehicles of the funeral procession, except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving audible signal by siren.

(a)

The lead and escort vehicles in a funeral procession may be equipped with flashing amber lights which may be used only when such vehicles are used in a funeral procession.

(b)

Notwithstanding the State law provisions and any other laws governing emergency vehicles, the lead and escort vehicles in a funeral procession may be equipped with flashing red lights which may be used only when such vehicles are used in funeral processions. The flashing red lights may only be used to gain the right-of-way at intersections and to protect a funeral procession while crossing an intersection.

(c)

Vehicles comprising a funeral procession shall utilize funeral pennants or flags or windshield stickers to identify the individual vehicles in such a procession.

The operator of any vehicle may pass a funeral procession on its left side on any multiple lane highway, whenever such passing can be done safely.

(a)

No parade as defined by Section 4-20 of this Code shall occupy, march or proceed along any street, sidewalk, roadway or public highway without a permit issued by the Board of Public Works and Safety through the Clerk-Treasurer.

(b)

All parades must be conducted in accordance with the conditions established by the Board of Public Works and Safety and any person violating such conditions or the provisions of Section 4-20 of this Code shall be subject to the penalties set forth in Section 1-9 of this Code.

The driver of a vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway.

(Code § 333.07)

The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

(Code § 333.08)

In addition to all other laws, the following also apply:

(a)

Not more than one (1) passenger in addition to the operator shall be carried by a motorcycle having only two (2) wheels in contact with the ground or pavement, and no passengers shall be carried in addition to the driver or operator except upon a firmly attached and regular seat designed for passenger use.

(b)

No passenger shall be carried on a motorcycle in a position that interferes with the operation or control of the motorcycle or the view of the operator.

(c)

No person operating a motorcycle shall carry any packages, bundles, or other articles which prevent the operator from keeping both hands on the handle bars.

(d)

No person shall drive, operate or ride as a passenger on any motorcycle having only two (2) wheels in contact with the ground or pavement in any position other than astride the seat or saddle provided.

(e)

Headlamps shall be illuminated at all times when a motorcycle is in operation.

(f)

All motor vehicles, including motorcycles, are entitled to the full use of a traffic lane and no vehicle shall be driven or operated in such a manner so as to deprive any other vehicle of the full use of a traffic lane provided that motorcycles may, with the consent of both drivers, be operated not more than two (2) abreast in a single traffic lane.

(g)

All other provisions of the Traffic Code and all rights and duties inured therefrom which apply to motor vehicle drivers or operators generally, shall apply to the drivers and operators of motorcycles except those which expressly do not apply or which by their nature can have no application.

No person afoot or riding upon any bicycle, wagon, coaster, roller skates, skateboard, sled, toboggan or other device shall attach the same or himself to any vehicle upon a public highway.

(Code § 333.10)

(a)

When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. A pedestrian's right of way in a crosswalk is modified under the conditions stated in Section 8-20.

(b)

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(Code § 337.02)

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(Code § 337.03)

No pedestrian shall cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

(Code § 337.04)

(a)

Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.

(b)

Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.

(c)

The foregoing rules in this section have no application under the conditions stated in Section 8-26 when pedestrians are prohibited from crossing at certain designated places.

(Code § 337.05)

(a)

Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

(b)

No pedestrian shall cross a roadway other than in a crosswalk in any business district.

(Code § 337.06)

(a)

Where sidewalks are provided, no pedestrian shall walk upon an adjacent roadway.

(b)

Where sidewalks or marked walkways are not provided, any pedestrian walking upon a roadway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

(Code § 337.07)

(a)

No person shall stand in a roadway or within or on property adjacent to a public highway for the purpose of soliciting a ride from the driver of any vehicle unless the person is faced with an emergency on the roadway, in which case the person may secure a ride in order to obtain assistance.

(b)

No person shall stand on a highway for the purpose of soliciting employment or business from the occupant of any vehicle.

(c)

No person shall stand on or in proximity to a public highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

Notwithstanding the foregoing provisions of this Traffic Code, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

(Code § 337.09)

Except where angle parking is permitted, every vehicle stopped or parked upon a roadway where there is adjacent curb shall be so stopped or parked in the direction of lawful movement of traffic with the left or right-hand wheels of such vehicle parallel with and within twelve (12) inches of the curb.

The Board of Public Works and Safety shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, but such angle parking shall not be indicated upon any Federal aid or State highway within the City unless the Indiana Department of Highways has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

Upon those streets which have been signed or marked as authorized by the Board of Public Works and Safety for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The vehicle must enter the parking space with a forward movement.

(a)

The Chief of Police is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein.

(b)

No permittee or other person shall violate any of the special terms or conditions of any such permit.

(Code § 345.04)

(a)

Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half (1/2) hours after sunset and a half (1/2) hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such street or highway no lights need be displayed upon such parked vehicle.

(b)

Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half (1/2) hour after sunset and a half (1/2) hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one (1) lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable on the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.

(c)

Any lighted headlights upon a parked vehicle shall be depressed or dimmed.

(a)

No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or to avoid conflict with law or the directions of a police officer or traffic control device or signal in any of the following places:

(1)

On a sidewalk;

(2)

In front of a public or private driveway;

(3)

Within an intersection;

(4)

Within fifteen (15) feet of a fire hydrant;

(5)

On a crosswalk;

(6)

Within twenty (20) feet of a crosswalk at an intersection;

(7)

Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of the roadway;

(8)

Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by a sign or markings;

(9)

Within fifty (50) feet of the nearest rail of a railroad crossing;

(10)

Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly sign-posted)

(11)

Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

(12)

On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(13)

Upon any bridge or other elevated structure upon a public highway or limited access facility; or

(14)

At any place where official signs prohibit stopping.

(b)

No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.

(c)

No person shall stop, stand or park a vehicle in a designated and posted Fire Lane at any time.

No person shall park any vehicle upon a street other than an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic.

(Code § 349.02)

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

(Code § 349.03)

When officially posted and accordingly defined, no person shall park a vehicle on any street in a business district for a period of time longer than thirty (30) minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day, except physicians on emergency calls. The Board of Public Works and Safety is authorized to prohibit parking on either or both sides of any street in the City between hours and on days of the week as designated, and to authorize the placement of signs so indicating.

No person shall park a vehicle upon any street or highway for the principal purpose of:

(a)

Displaying such vehicle for sale; or

(b)

Servicing, greasing, or repairing such vehicle, except as necessitated by an emergency.

(Code § 349.05)

(a)

The board of public works and safety is authorized to direct the placement of signs indicating no parking on either or both sides of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation.

(b)

When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

(Code § 349.06)

(a)

The board of public works and safety is authorized to direct the placement of signs indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed thirty-two (32) feet.

(b)

When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

The board of public works and safety is authorized to direct the placement of signs upon either or both sides of any one-way street to prohibit the standing or parking of vehicles, and when such signs are in place no person shall stand or park a vehicle upon such side in violation of any such sign.

In the event a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon either or both sides of such one-way roadway unless signs are erected to permit such standing or parking. The board of public works and safety is authorized to determine when standing or parking may be permitted upon the side of any such one-way roadway and to authorize the placement of signs giving notice.

(a)

The board of public works and safety is authorized to determine and designate places not exceeding one hundred fifty (150) feet in length, in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

(b)

When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.

It shall be unlawful for any person, owner or operator to park or cause to be parked, or allow to be parked any kind of bus; any kind of semi tractor-cab; any kind of semi-trailer; or, any other kind of truck whose body and load weight exceeds eleven thousand (11,000) pounds within any residentially zoned area, on any residential street, in any residential alley or on any residential private property within the city except that such trucks and trailers which are engaged in commerce may stop and park in such an areas solely for the purpose of delivering, loading and unloading material; however, such stopping and parking shall be for only that limited amount of time reasonably necessary to accomplish such delivering, loading or unloading. This section shall not apply to recreational vehicles or legally licensed and registered church buses parked completely upon church property.

(Ord. No. 97-08, § 1, 7-17-97)

The board of public works and safety is authorized to determine the location of passenger and freight curb loading zones and shall direct the placement of appropriate signs indicating same and stating the hours during which the provisions of this section are applicable.

(a)

Subject only to the provisions of subsection (c) of this section,

(1)

No person, landowner or owner shall park or allow to remain parked, idled or stored any vehicle, motor vehicle, watercraft, trailer, tractor, truck or recreational vehicle in or upon the front yard or on the sidewalk of any lot.

(2)

a.

No person, landowner or owner shall park or allow to remain parked, idled or stored any watercraft, trailer, tractor, truck, or recreational vehicle in or upon the street or parkway of, or adjacent to, a lot.

b.

No person, landowner or owner shall park or allow to remain parked, idled or stored any automobile or any other motorized vehicle in or upon the parkway of an adjacent lot.

(3)

No person, landowner or owner shall park or allow to remain parked, more than two (2) recreational vehicles on a lot, except that a third recreational vehicle may be parked on a lot for a period of no more than a total of no more then ten (10) consecutive days nor for more than a total of fourteen (14) days in any period of three hundred sixty five (365) days. No landowner or owner shall allow a recreational vehicle to be occupied while parked or stored on a lot.

(b)

Nothing in this section shall prevent a person, owner or landowner from parking automobiles or small trucks in or upon the parkway so long as said vehicles are parked parallel to the roadway, or from parking or storing a watercraft, small trailer, small truck or recreational vehicle in the side driveway, carport, garage, or rear yard so long as said vehicle is in compliance with all other ordinances of the city and at least (8) feet from any adjacent lot. For the purposes of this section "small truck and small trailer means a vehicle of no more than (2) axles and less than seven thousand (7,000) pounds gross weight.

(c)

The plan commission of the city may grant a waiver of the provisions of this section upon written application of a landowner demonstrating that the application of subsections (a) or (b) of this section would create a hardship for the landowner. Such application shall be made in writing, shall be filed in the office of the building commissioner and shall contain the following information:

(1)

The name, address, and telephone number of the landowner;

(2)

Proof of ownership of the lot for which the waiver is sought by the provision of a copy of an instrument of conveyance or title insurance policy showing the applicant as grantee of an interest in the lot, or by a duplicate real estate tax bill for the lot in the name of the landowner;

(3)

A short and plain statement of the facts which the applicant believes establishes a hardship under this subsection;

(4)

The names and mailing addresses of all persons who are owners of the real estate located within one hundred (100) feet of the lot lines of the applicants lot;

(5)

The signature of the applicant to a verification that the facts contained in the application are true under penalties for perjury.

The building commission secretary shall, upon receipt of a completed application for waiver, forward same to the building commissioner who shall place the petition on the commission agenda for the next regular meeting thereof, provided such meeting is to be held not less than twenty-one (21) days from the date the application is received by the commission secretary. The commission secretary shall mail a copy of the application with written notice of the date, time and place of the commission's meeting to each person specified in the application as owner of real estate located within one hundred (100) feet of the applicant's lot. The commission shall hear the petition in a summary fashion by allowing the applicant and neighboring landowners and other interested parties and residents to address the commission and shall waiver, in writing, from any provisions of subsections (a) and (b) of this section if it finds after hearing that a hardship has been established for any one or more of the following reasons:

a.

The lot contains no accessible rear yard and side yard large enough to accommodate the watercraft, trailer, or recreational vehicle;

b.

The rear yard or side yard is not accessible from an existing public street or alley, or

c.

Such other circumstance which renders compliance with the provisions of subsection (a) or (b) impossible or impracticable.

Waivers shall be in writing, signed by the commission's presiding officer, and shall state with particularity the terms of the waiver which shall become binding upon the landowner immediately upon delivery to him. The plan commission shall not [note] the grant of waiver in its meeting minutes and shall keep a central record of all such waivers. Waivers shall be effective for a period not to exceed five (5) years, but may be renewed upon application in the same fashion as the initial grant of waiver.

(Ord. No. 2001-17, § 3, 12-7-2001; Ord. No. 2011-09, 8-18-2011)

No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three (3) minutes.

(Code § 353.03)

No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect, except for the loading or unloading of passengers with a three-minute time limit. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.

(Code § 353.04)

The board of public works and safety is authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets, in such places and in such number as shall be determined to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs.

(Code § 353.05)

(a)

The operator of a bus shall not stand or park such a vehicle upon any street at any place other than a bus stand so designated.

(b)

The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated, except in case of an emergency.

(c)

The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle not farther than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

(d)

The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

(Code § 353.06)

No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

(Code § 353.07)

The provisions of this traffic code prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified, or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

(Code § 357.01)

The provisions of the traffic code imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

(Code § 357.02)

When signs are erected giving notice that parking is prohibited at all times, no person shall park a vehicle at any time in such location.

When signs are erected giving notice that stopping, standing or parking is prohibited during certain hours, no person shall stop, stand or park a vehicle between the hours specified on any day, except Sundays and public holidays.

When signs are erected giving notice as to a limitation of parking time, no person shall park a vehicle for longer than the specified time.

(a)

Load restrictions for vehicles shall be posted as required by the board of public works and safety for reasons of safety on public highways and bridges.

(b)

When signs are erected giving notice of load restrictions, no person shall operate any vehicle with a gross weight in excess of the amounts specified, at any time upon any roadway except when making a delivery or pickup.

State Law reference— Addresses recovery of damages caused by overweight vehicles, I.C. 9-8-1-18.

(a)

Commercial vehicles exceeding ten thousand (10,000) pounds gross combined vehicle weight are not permitted to travel on any city streets, except as follows:

(1)

Commercial vehicles exceeding ten thousand (10,000) pounds gross combined vehicle weight shall be permitted to use any of the city's streets for the purpose of delivering or picking up materials or merchandise or for conducting any legitimate commercial business in the City of Lake Station.

(2)

This section shall not apply to city vehicles, school buses, passenger buses and agricultural vehicles.

(3)

A person who violates this section commits a Class C Infraction.

(Ord. No. 1620, 6-17-76; Ord. No. 2020-16 , § 1, 7-23-2020)

Except on state highways or state-controlled highways, no commercial vehicle with a combined gross vehicle weight in excess of ten thousand (10,000) pounds shall be operated in any residential district in the city between the hours of 9:30 p.m. and 7:00 a.m. except as permitted by section 8-100 of the traffic code.

The board of public works and safety is authorized to determine and designate those heavily traveled streets upon which shall be prohibited the use of the roadway by motor-driven cycles, bicycles or other nonmotorized traffic and shall erect appropriate signs giving notice thereof.

(a)

On property at any corner formed by intersecting streets, no person shall install, set out or maintain, or allow the installation, setting out or maintenance of any sign, hedge, shrubbery or natural growth or other obstruction to the view, higher than forty-two (42) inches above the level of the center of the adjacent intersection, within that triangular area between the property line and a diagonal line joining points on the property lines twenty-five feet (25) from the point of their intersection, or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on such tangent twenty-five (25) feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.

(Code § 361.05)

(b)

This section shall not apply to permanent buildings, public utility poles, trees trimmed (to the trunk) to a line at least eight (8) feet above the level of the intersection, saplings of plant species of open growth habits, and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent buildings existing on the date this traffic code becomes effective; official warning signs or signals; places where the contour of the ground is such that there can be no cross-visibility at the intersection, or to signs mounted ten (10) feet or more above the ground and whose supports do not constitute an obstruction as defined above.

(Code § 361.06)

(c)

The enforcement of this section shall be under the direction of the chief of police. The police department shall investigate violations of this section, give such notices as may be required, and perform such other duties in connection with enforcement as may be required pursuant to section 6-12 of this Code unless the provisions herein provide otherwise.

Any obstruction maintained in violation of this section shall be deemed a nuisance, and upon failure to abate the same within twenty (20) days after the posting upon the premises of notice to abate the nuisance signed by the chief of police, such representative of the board of public works and safety as may be authorized, may enter upon the premises to remove or eliminate the obstruction. The board of public works and safety shall have the power to declare what shall constitute a nuisance, to prevent the same, to require its abatement, to authorize the removal of same by the proper officers, and shall assess the expenses of its removal against such person, and to provide for collecting such expenses either by causing them to be placed on the tax duplicate or by suit.

(a)

Any person who shall violate any of the provisions of this chapter shall, except as provided in this section, upon conviction, be fined as provided in section 1-9 of this Code, and each such violation shall constitute a separate offense.

(b)

Any person who shall violate any of the provisions of this chapter pertaining to parking or standing of vehicles shall, upon conviction, be fined in a sum of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), and each such violation shall constitute a separate offense; provided, however, that such person may, within a period of five (5) days of the date of the violation, elect to pay a penalty of five dollars ($5.00) in lieu of being charged with such violation, which penalty shall be payable into the office clerk-treasurer for the benefit of the general fund of the city.

(c)

Any person who shall violate any of the provisions of this chapter shall be subject to the provisions set forth in section 1-9 of this Code.

(d)

Penalties. Any person who shall have been found to have violated the terms or provisions of 8-76 (a) or (b) of the Code shall first be issued notice to remove the offending vehicle, motor vehicle, watercraft, trailer, truck, or recreational vehicle within thirty (30) days of issuance thereof. Any person who shall have been found to have failed to comply with said notice shall be fined in a sum of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00) for each day or part of a day the violation exists after the thirty-day period has expired. Each day such violation exists shall be deemed a separate and distinct violation. Any owner whose vehicle, motor vehicle, watercraft, trailer, truck, or recreational vehicle is impounded and towed pursuant to section 8-98(c), or pursuant to any applicable provisions of the Code or the laws of the state, shall, in addition to any other fine imposed, be fined in an amount equal to the sum of unpaid costs and expenses of towing and storing said vehicle, motor vehicle, watercraft, trailer, truck or recreational vehicle.

(Ord. No. 2001-17, § 4, 12-7-2001)

Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this Code or any ordinance of the city or of a state statutes, the officer finding such vehicle shall take its registration number and any other information displayed on the vehicle which may identify its user. The officer shall conspicuously affix to such vehicle a citation, on a form provided by the chief of police, for the driver to answer to the charges against him within seventy-two (72) hours, at a place specified in the citation, and pay a fine of five dollars ($5.00) for each violation.

(Ord. No. 83-10, 5-5-83)

If a violator of the restrictions on stopping, standing, or parking under the traffic code does not appear in response to a traffic citation affixed to such motor vehicle within a period of five (5) days, the clerk of the city court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him thereafter that in the event such letter is disregarded for a period of five (5) days a warrant of arrest by the Lake Station City Court will be issued.

(Code § 365.10)

(a)

When it appears from the records of the city court that three (3) judgments concerning a motor vehicle have not been paid before the deadline established by the traffic code, the clerk of the court shall send a notice to the registered owner of the motor vehicle which informs the owner that:

(1)

The clerk will send a referral to the Indiana Bureau of Motor Vehicles if the judgments are not paid within thirty (30) days after the notice was mailed; and

(2)

The referral will result in the suspension of the motor vehicle's registration in accordance with the provisions of I.C., 9-1-12-4.

(b)

For the purposes of this section "judgment" means any monetary penalty assessed by the court for the violation of the parking regulations of the traffic code.

(c)

When the clerk of the court is informed by written notice from the Indiana Bureau of Motor Vehicles that a motor vehicle registration has been suspended in accordance with the provisions of I.C., 9-1-12-4, the clerk of the court shall inform any law enforcement agency listed on the referral that the motor vehicle's registration has been suspended.

(d)

When the police department is notified by the clerk of the city court or the clerk of any other court of competent jurisdiction within this state of a suspension of motor vehicle registration for failure to pay parking tickets and such notice is in the form and manner prescribed by I.C., 9-1-12-6, it may remove the license plate of that motor vehicle fifteen (15) days after the motor vehicle's registration was suspended unless notified that the judgment has been paid.

State Law reference— Addresses suspension of vehicle registration for failure to pay parking tickets. I.C., 9-1-12-1 et seq.

(a)

In any prosecution charging a violation of any statute or ordinance restricting the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the citation was parked in violation of any such statute or ordinance, together with proof that the defendant named in the citation was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima-facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(b)

The foregoing stated presumption shall apply only after the procedure as prescribed in sections 8-93 and 8-94 have been followed.

(Code § 365.11)

All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be accounted for in accordance with the regulations and procedures prescribed by the state board of accounts.

(a)

Members of the police department are authorized to remove a vehicle from a street or highway to the nearest place of safety as designated by the chief of police, or otherwise maintained by the city under the circumstances enumerated:

(1)

When any vehicle is left unattended upon any bridge, bridge ramp or approach thereto where such vehicle constitutes an obstruction to traffic;

(2)

When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal;

(3)

When any vehicle is left unattended upon a public highway and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

(b)

Whenever an officer directs the removal of a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

(c)

Towing from parkway, front yard, or side yard. A vehicle, motor vehicle, recreational vehicle, watercraft, or trailer parked in violation of Lake Station Code 8-64(c) may, no less than twenty-four (24) hours after a written notice of violation is attached to the offending item in a prominent place thereon, be impounded and towed to an area suitable for the storage of such impounded item as may be designated by the chief of police. The owner of such item shall promptly be given written notice of the impounding and towing thereof addressed to the last known address of the owner, indicating the location of the stored vehicle, motor vehicle, recreational vehicle, watercraft or trailer and the amount of towing and storage charges accrued and accruing. A vehicle, motor vehicle, recreational vehicle, watercraft or trailer so impounded and towed shall only be released after payment in full of all towing and storage charges.

(Code § 365.16; Ord. No. 2001-17, § 5, 12-7-2001)

(a)

Towing due to public safety violation: When a vehicle has been towed by reason of the requirement of public safety, such vehicle shall be delivered only to the duly registered owner thereof, as determined by reference to the license registration of said vehicle, or a person otherwise lawfully entitled to possession thereof, upon payment to the towing contractor and garage keeper of the reasonable costs of such removal, towing, and accumulated storage.

(b)

Towing due to violation of a city ordinance: When a vehicle has been towed by reason of a violation of a city ordinance and impounded, such vehicle shall be delivered only to the duly registered owner thereof, as determined by reference to the license registration of said vehicle or to a person otherwise lawfully entitled to possession thereof upon such person paying to the towing contractor and garage keeper the costs of removal, towing, and storage.

(c)

Fees and charges: The board of public works and safety of the city shall establish, from time to time, a schedule of towing and storage charges which are reasonable and appropriate for the services performed.

(d)

Towing contractors and garage keepers: Any towing contractor or garage keeper who agrees in writing to perform towing and/or storage services for the amounts set forth in such schedule, from time to time, shall be deemed a qualified person for purposes of this section.

(a)

The board of public works and safety shall designate and the street department shall post one or more parking spaces abutting or accessory to all public buildings as being reserved exclusively for handicapped persons as required by I.C., 5-16-9-1 et seq.

(b)

It shall be unlawful for any person who is not handicapped to park a motor vehicle in an area designated and posted for handicapped parking, as required by I.C., 5-16-9-2, unless the operator is transporting a person who is handicapped and who possesses a valid placard duly issued by the Indiana rehabilitative service agency as provided by I.C., 5-16-9-7.

(c)

A person who knowingly and falsely represents himself as being handicapped shall be subject to the penalty as provided by section 1-9 of this Code.

The Common Council finds that abandoned vehicles are a public nuisance and a safety and health hazard.

As used in this Article:

Abandoned vehicle means:

(1)

a vehicle located on public property illegally;

(2)

a vehicle left on public property continuously without being moved for three (3) days;

(3)

a vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way;

(4)

a vehicle that has remained on private property without the consent of the owner, or person in control, of that property, for more than forty-eight (48) hours;

(5)

a vehicle from which there has been removed the engine, transmission, or differential, or that is otherwise partially dismantled or inoperable and left on public property;

(6)

a vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than the State's Abandoned Vehicle Act, if the vehicle once impounded is not claimed or redeemed by the owner or his agent within fifteen (15) days of its removal; or

(7)

a vehicle that is six (6) or more model years old and mechanically inoperable, and is left on private property continuously in a location visible from the public property for more than thirty (30) days.

Automobile scrapyard means a business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junkyard.

Bureau means the Indiana the Bureau of Motor Vehicles.

Fiscal body mean the Common Council of the City of Lake Station.

Officer means a regular member of the Lake Station Police Department.

Owner means the last known record titleholder of a vehicle according to the records of the Bureau under I.C., 9-1-2.

Parts refers to all components of a vehicle that as assembled do not constitute a complete vehicle.

Person means an individual, firm, corporation, association, fiduciary, or governmental entity.

Private property means all property other than public property.

Public agency means the Board of Public Works and Safety acting through the Lake Station Police Department which is given the responsibility by this Article for the removal, storage, and disposal of abandoned vehicles.

Public property means a public right-of-way, street, highway, alley, park, or other state, county, or municipal property.

Towing service means a business that engages in moving or removing disabled vehicles, and, once removed, to store or impound vehicles.

Vehicle means an automobile, motorcycle, truck, trailer, semitrailer, tractor, bus, school bus, recreational vehicle, or motorized bicycle.

The owner of an abandoned vehicle is responsible for the abandonment and is liable, to the extent of the market value of the vehicle, for all of the costs incidental to the removal, storage, and disposal of the vehicle or the parts.

(a)

When an officer discovers a vehicle in the possession of a person other than the owner and the person cannot establish his right to the possession of that vehicle, the vehicle shall be taken to and stored in a suitable place. The Bureau shall be notified within seventy-two (72) hours of the location and description of the vehicle. Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the owner in accordance with I.C., 9-9-1.1-6(b).

(b)

If the owner of the vehicle cannot be determined, the Bureau shall declare the vehicle abandoned and provide for its disposal in accordance with the Indiana Abandoned Vehicle Act.

(c)

If the properly identified owner or lienholder appears at the site of storage before disposal of the vehicle or parts and pays all proper costs incurred against it at that time, then the vehicle or parts shall be released. A copy of the release of all vehicles or parts shall be sent to the Bureau. The release must contain the owner or lienholder's signature, name, address, vehicle or parts description, costs, and date of release.

(d)

If the vehicle is not released to the owner or lienholder, the Bureau will declare the vehicle abandoned and provide for disposal in accordance with the Indiana Abandoned Vehicle Act.

(a)

An officer who finds a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:

(1)

The date, time, officer's name, public agency, and address and telephone number to contact for information.

(2)

That the vehicle or parts are considered abandoned.

(3)

That the vehicle or parts will be removed after seventy-two (72) hours.

(4)

That the owner will be held responsible for all costs incidental to the removal, storage, and disposal, and if not paid the owner's registration privileges will be suspended on that car by the Bureau.

(5)

That the owner may avoid costs by removal of the vehicle or parts within seventy-two (72) hours.

(b)

If the tagged vehicle or parts are not removed within that seventy-two (72) hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts including information of the condition, missing parts, and other facts that might substantiate that the market value is less than one hundred dollars ($100.00). Photographs shall be taken to describe the condition of the vehicle or parts.

(c)

If, in the opinion of the officer, the market value of the abandoned vehicle or parts is less than one hundred dollars ($100.00), the officer shall immediately dispose of the vehicle to an automobile scrapyard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the Bureau. The Lake Station Police Department shall retain the original records and photographs for at least two (2) years.

(d)

If, in the opinion of the officer, the market value of the abandoned vehicle or parts is one hundred dollars ($100.00) or more, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the owner or person who may be in control of the vehicle or parts. After seventy-two (72) hours, the officer shall require the vehicle or parts to be towed to a storage area.

(a)

Within seventy-two (72) hours after removal of an abandoned vehicle to a storage area under Section 8-150, the Lake Station Police Department shall prepare and forward to the Bureau an abandoned vehicle report containing a description of the vehicle including the make, model, engine number, if any, identification number, and the number of the license plate, and request that the Bureau advise the Lake Station Police Department of the name and most recent mailing address of the owner and any lienholder.

(b)

Pursuant to I.C. 9-9-1.1-6(b), the Bureau will:

(1)

conduct a reasonable search through the national automobile theft bureau and the Indiana State Police Department to determine whether the vehicle or parts have been reported as stolen;

(2)

conduct a reasonable search of Bureau records to determine the owner of the vehicle or parts or lienholder of record; and

(3)

if a reasonable search discloses the name and address of the owner or lienholder, mail a written notice, by first class mail, to the owner, with a copy to any lienholder indicating that the vehicle or parts have been impounded at a certain location and must be removed within fifteen (15) days of the date of mailing of the notice and advising that the vehicle or parts will be disposed of after that time and that all costs incurred in removing and storing the vehicle or parts are his legal responsibility.

(a)

If the vehicle or parts are in such condition that vehicle identification numbers or other means of identification are not available to determine the owner or lienholder, the vehicle may be disposed of without notice.

(b)

If the owner or lienholder does not appear within fifteen (15) days after the mailing of notice, the Bureau will sell the vehicle or parts to the highest bidder at a public sale conducted after notice under I.C., 5-3-1, except only one (1) newspaper insertion one (1) week before the public sale is required.

The purchaser will be furnished a bill of sale for each abandoned vehicle sold by the Bureau. The Lake Station Police Department shall upon request furnish evidence as to the roadworthiness of any vehicle sold by the Bureau pursuant to the Indiana Abandoned Vehicle Act.

In order to facilitate the removal of abandoned vehicles or parts, the board of public works and safety may employ personnel and acquire equipment, property, and facilities and enter into towing contracts as necessary for the purpose of removal, storage and disposition of abandoned vehicles and parts.

Upon complaint of a private property owner or person in control of the property that a vehicle has been left on the property for forty-eight (48) hours or more without the consent of the owner or person in control, an officer shall follow the procedures set forth in section 8-114.

Pursuant to I.C. 9-9-1.1-11, neither the owner, lessee, or occupant of the property from which an abandoned vehicle or parts are removed nor a public agency, towing service, or automobile scrapyard is liable for loss or damage to the vehicle or parts occurring during its removal, storage, or disposition.

The costs for removal and storage of an abandoned vehicle or parts not claimed by the owner or lienholder shall be paid from the abandoned vehicle account. The charge payable by the owner or lienholder for towing, storing, or removing an abandoned vehicle or parts shall not exceed fifty dollars ($50.00) for the towing of each abandoned vehicle or load of parts and five dollars ($5.00) per day or any part of a day for the storage of each abandoned vehicle or load of parts, pursuant to I.C. 9-22-2-1.

(Ord. No. 92-06, § 1, 5-7-92)

Cross reference— Abandoned vehicle account fund established, § 2-68.

The proceeds of sale of an abandoned vehicle or parts in accordance with the Indiana Abandoned Vehicle Act shall be credited against all costs incident to the removal, storage and disposal of the vehicle.

All proceeds from the sale of abandoned vehicles or parts that are disposed of by the City of Lake Station, including all monies received from owners or lienholders for the cost of removal or storage of vehicles shall be deposited with the clerk-treasurer and placed in the city's "abandoned vehicle account fund." All costs incurred by the board of public works and safety in administering this article shall be paid from the abandoned vehicle account fund. The fiscal body shall annually appropriate sufficient monies to that account for the purposes of this article. All monies remaining in the account at the end of each year remain in the account and do not revert to the general fund.

Cross reference— Fund established, § 2-68.

This article does not apply to:

(1)

A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;

(2)

A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;

(3)

A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility;

(4)

A vehicle located upon property licensed or zoned as an automobile scrapyard; or

(5)

A vehicle registered and licensed under I.C. 9-7-6, as an antique vehicle.

[As used in this article, the following words and terms shall have the meaning ascribed thereto:]

Alcoholic beverage shall have the meaning set forth in Indiana Code 7.1-1-3-13.

Container shall have the meaning set forth in Indiana Code 7.1-1-3-13.

Motor vehicle shall have the meaning set forth in Indiana Code 9-1-1-2, except that "motor vehicle", as used in this article, shall not include any chartered passenger vehicle licensed to operate within the State of Indiana or any recreational vehicle as defined in Indiana Code 9-13-2-150 and which is designed to transport more than ten (10) passengers, including the operator.

(Ord. No. 94-05, § 1, 3-3-94)

A person who knowingly:

(1)

Consumes an alcoholic beverage; or

(2)

Possesses a container:

a.

That has been opened;

b.

That has a broken seal; or

c.

From which some of the contents have been removed;

while in a motor vehicle that is being operated upon a public highway within the city limits constitutes an ordinance violation.

(Ord. No. 94-05, § 1, 3-3-94)

(a)

The operator or owner of a motor vehicle who, while the motor vehicle is in operation knowingly keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator or passenger a container:

(1)

That has been opened;

(2)

That has a broken seal; or

(3)

From which some of the contents have been removed;

constitutes an ordinance violation.

(b)

Notwithstanding section 8-151, the operator of a recreational vehicle or chartered passenger vehicle licensed to operate within the State of Indiana, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator a container:

(1)

That has been opened;

(2)

That has a broken seal; or

(3)

From which some of the contents have been removed;

commits a violation of this article which constitutes an ordinance violation.

(Ord. No. 94-05, § 1, 3-3-94)

An officer of the Lake Station Police Department may issue a city ordinance violation to a person who violates this article. The first such citation issued to an individual shall impose a fine of fifty dollars ($50.00). Each subsequent citation issued to an individual shall impose a penalty not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).

(Ord. No. 94-05, § 1, 3-3-94)

(a)

The term "golf cart" as used in this article means a motorized conveyance, usually of four (4) wheels, in which one (1) or more persons may travel equipped with at least one (1) bench seat for two (2) persons, and designed, or derived from such design, for use by golfers and golf course maintenance personnel.

(b)

All golf carts in use must be in good working order. This includes, but is not limited to, electrical systems, lights, properly secured seating, brakes, and any other system necessary for the safe operation of the vehicle.

(c)

No person shall operate a golf cart upon the streets, highways, alleys or other public thoroughfares of the city except in strict conformance with the provisions of this article.

( Ord. No. 2018-08 , 9-13-2018)

At all times while operating a golf cart upon the streets, highways, alleys or other public thoroughfares of the city, the person operating the golf cart, shall observe the following rules:

(a)

No golf cart shall be operated on any street, highway, alley or other public thoroughfare of the city which has an established speed limit of more than thirty (30) miles per hour.

(b)

No golf cart shall be, at any time, operated on a sidewalk or bicycle trail of the city.

(c)

No person operating a golf cart upon the streets, highways, alleys or other public thoroughfare of the city, shall do so in an erratic, or reckless manner, or obstruct the free and normal flow of other traffic, or fail to yield the right of way to pedestrians and other vehicles as required by prevailing traffic control signs, signals and rules of the road, or engage in a speed contest, or drive in excess of the posted speed limit.

(d)

Each person operating a golf cart upon the roadway shall be required to comply with all traffic laws and regulations. Individuals operating a vehicle in violation of traffic laws may be prosecuted for violation of generally applicable traffic laws.

(e)

No person shall operate a golf cart who does not hold a valid operator's license.

( Ord. No. 2018-08 , 9-13-2018)

(a)

Any golf cart operated upon the streets, highways, alleys or other public thoroughfares of the city shall be equipped with working headlights and tail lights. These lights shall be used at all times when the golf car is in operation

(b)

All golf carts which are operated on roadways shall be equipped with working brake lights and turn signals.

( Ord. No. 2018-08 , 9-13-2018)

A person who violates any provision of this article shall be subject to the penalties prescribed in section 1-9 of the Code

( Ord. No. 2018-08 , 9-13-2018)

Any person violating any provision of this article for which no specific penalty is prescribed shall be subject to the general penalty provisions of the Lake Station Municipal Code section 1-9.

( Ord. No. 2018-08 , 9-13-2018)

(a)

Any person, firm or corporation who violates any provision of this Code for which another penalty is not specifically provided shall be subject to the following:

(1)

A fine not exceeding two thousand five hundred dollars ($2,500.00) for the first violation; and

(2)

A fine not exceeding seven thousand five hundred dollars ($7,500.00) for second and subsequent violations, except for violations of ordinances regulating traffic and parking.

(b)

A separate violation shall be deemed committed upon each day during which a violation occurs or continues.

( Ord. No. 2018-08 , 9-13-2018)

(a)

Golf carts and recreational off-road vehicles shall be registered with the City of Lake Station on or before April 1 annually.

(b)

The city incurs administrative costs in providing materials for the registration and for approved stickers to be placed upon the golf carts, and in inspecting the vehicles. Therefore, an administration/inspection fee of fifty dollars ($50.00) to be paid through the office of the city clerk treasurer. No vehicle shall be approved or registered which fails to comply with all requirements of this chapter.

(c)

Registration tags will be issued by the Lake Station Police Department after a satisfactory inspection of the golf cart has been completed and presentation of receipt for payment from the clerk treasurer. No vehicle shall be approved which fails to comply with all requirements of this subchapter.

(d)

All proceeds of fees under this subsection shall be paid to the police department's training funds.

( Ord. No. 2018-08 , 9-13-2018)