Chapter 70 TRAFFIC RULES

AUTHORIZED EMERGENCY VEHICLES. Vehicles of the fire department, vehicles of the state, county and municipal police departments, vehicles of the salvage corps, and state, county and municipally owned ambulances, shall be considered authorized emergency vehicles when on emergency calls only.

PARKING. The standing of a vehicle, whether occupied or not, upon a roadway, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience of traffic regulations or traffic signs or signals.

POLICE OFFICERS. Every officer of the police department or any officer authorized to direct or to regulate traffic or to make arrests for violations of traffic regulations.

VEHICLE. 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 tracts.

(’73 Code, § 16-1) (Ord. 341, passed - - )

70.02 AUTHORITY, DUTY OF POLICE.

(A) It shall be the duty of the police department of this city to enforce the provisions of this title. Officers of the police department are hereby authorized to direct all traffic either in person or by means of visible or audible signals in conformance with the provisions of State law or this chapter when applicable provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police or fire departments may direct traffic, as conditions may require, notwithstanding the provisions of this chapter.

(B) The Police Department is hereby empowered to make and enforce regulations necessary to make effective the provisions of this chapter and to make and enforce temporary regulations to cover emergencies.

(C) The Police Department is hereby empowered to establish safety zones of such kind and character at such places as they may deem necessary for the protection of pedestrians, and such shall be so marked off and indicated by painted lines, discs, standards for loading platforms so as to be plainly visible at all times.

(D) It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer.

(’73 Code, § 16-2) (Ord. 341, passed - - ) Penalty, see § 70.99

70.03 GOVERNMENT COMPLIANCE WITH CHAPTER.

The provisions of this chapter shall apply to the operator of any vehicle owned by or used in the service of the United States Government, the government of the state of Indiana, the county and the city, and it shall be unlawful for such operator to violate any of the provisions of this chapter, except as otherwise permitted in this chapter.

(’73 Code, § 16-10) (Ord. 341, passed - - ) Penalty, see § 70.99

USE OF STREETS, ZONES

70.10 CITY STREET SPEED LIMITS.

The following speed limits shall be lawful upon all streets in the city, except those under the jurisdiction of the Indiana State Highway Commission, but any speed in excess of such limit shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:

(A) Thirty miles per hour unless otherwise posted.

(B) All streets located in the Countryside Subdivision, 15 miles per hour within the subdivision.

(’73 Code, § 16-12) (Ord. 4-53, passed - -53; Am. Ord. 22-03, passed 10-27-03) Penalty, see § 70.99

Statutory reference:

Authority, I.C. 9-21-5-2

70.11 THROUGH STREETS.

(A) The streets and avenues designated in schedule are hereby declared to be “Through” or “Preferential” streets for the purpose of regulating traffic upon or crossing such. The operator of any vehicle who has come to a full stop as required above, upon entering the “Through” street, as well as operators of vehicles on such “Through” streets, shall be subject to the usual right-of-way rule prescribed by state law governing the meeting of vehicles at street or highway intersections.

(B) The police department is hereby authorized and required to place and maintain or cause to be placed and maintained on each and every street intersecting a “Through” street as designated above, and at or near the property line of the “Through” street, appropriate signs upon the street (and in addition thereto may place and maintain any appropriate devices or marks in the roadway).

(’73 Code, § 16-18) (Ord. 341, passed - -; Am. Ord. 4-53, passed - -53; Am. Ord. 3-54, passed - -54) Penalty, see § 70.99

70.12 QUIET ZONE.

The Police Department is hereby authorized and empowered to create a “quiet zone” in all territory embraced in a distance of 250 feet from the premises of any hospital in this city, and the making of any loud, unusual or unnecessary noise, sound of music or disturbance within such quiet zone or in or upon any of the streets therein, is forbidden and hereby declared to constitute a nuisance. The Police Department shall place at some conspicuous place in the streets contained in such quiet zone, within a radius of 250 feet, a sign containing the words “Quiet Zone.”

(’73 Code, § 16-8) (Ord. 341, passed - - ) Penalty, see § 70.99

70.13 VEHICLE WEIGHT LIMITS.

(A) The permissible maximum weight of any vehicle, including its load, on the following streets in the city shall not exceed 10,000 pounds;

(1) South McKinley Avenue from Washington Street to Grace Street.

(2) Melville Street from Indiana State Road 114 to the Monon Railroad right-of-way North.

(3) Angelica Street from Melville East to Front Street.

(4) Emmet Avenue from Park Avenue to College Avenue.

(B) The Street Department of the city shall post appropriate signs and maintain them at each end of the streets affected in division, designating the provisions of this section.

(’73 Code, § 16-21) (Ord. 2-64, passed - -64)

(C) College Avenue Bridge. It shall be unlawful for any person to operate a motor vehicle which weighs in excess of 6,000 pounds, whether loaded or unloaded, or to tow or transport any vehicle of any nature which weighs in excess of 6,000 pounds whether loaded or unloaded, upon, across or over the College Avenue Bridge crossing the Iroquois River in the city; provided, that this prohibition shall not apply to fire engines, ambulances or police or city owned and operated vehicles when upon official business.

(’73 Code, § 16-9) (Ord. 7-55, passed - -55; Am. Ord. 4-96, passed 1-22-96) Penalty, see § 10.99

Statutory reference:

Authority, I.C. 9-20-4-1

70.14 TOY VEHICLES AND PLAYING ON STREETS RESTRICTED.

(A) It shall be unlawful for any person upon roller skates, or riding in or by means of any coaster, sled, toy vehicle, or similar device, to go upon any roadway at any time except while crossing a street at a crosswalk or except when such roadway has been roped off against vehicles by the proper municipal authorities.

(B) It shall be unlawful for children or adults to engage in play upon the streets, highways or alleys, except in areas designated for play by the municipal authorities.

(’73 Code, § 16-3) (Ord. 341, passed - - ) Penalty, see § 10.99

70.15 RIDING BICYCLE PROHIBITED ON BUSINESS SIDEWALK.

It shall be unlawful for any person to ride any bicycle on any of the sidewalks in the business area of the city.

(’73 Code, § 16-22) (Ord. 196, passed - - ) Penalty, see § 10.99

70.16 GOLF CARTS.

(A) For purposes of this section, a golf cart shall be included in the definition of a slow-moving vehicle as the same is defined in I.C. 9-21-9-1 as a “vehicle that is (1) pulled; (2) towed; (3) self-propelled; or (4) animal-drawn; that is not under ordinary circumstances moved, operated, or driven at a speed greater than 25 miles per hour.” This section shall also permit the use of UTVs to be operated within the City of Rensselaer under the conditions and terms of this section stated herein.

(B) In order to operate a golf cart on any street, alley, or road within the limits of the City of Rensselaer, a driver of such a golf cart must be a licensed driver under Indiana law and have such license on his or her person at all times during the operation of said golf cart.

(C) All golf carts must have insurance with liability coverage in the amount of at least $100,000 and have proof of such insurance in the golf cart at all times during the operation of said golf cart in the City of Rensselaer.

(D) All golf carts must display a red or amber flashing light at times when headlamps are necessary for other motor vehicles; which light must be visible from a distance of no less than 500 feet from the rear of the golf cart or vehicle. In addition, if said golf cart is operated at times when headlamps are necessary, said golf cart must be equipped with both headlights and taillights that are in working order. In addition, all golf carts must be equipped with a rearview mirror.

(E) While operating said golf cart within the City of Rensselaer, any operator of the same must abide by all state traffic laws in the operation of said golf cart, including the prohibition of operating a golf cart with an open alcoholic beverage container.

(F) All provisions of the slow-moving vehicle statute of the State of Indiana found at I.C. 9-21-9 shall be adhered to at all times by those operating a golf cart within the City of Rensselaer.

(G) Except as provided in division (H) of this section, any person who wishes to operate a golf cart in the City of Rensselaer must register the same with the City of Rensselaer Police Department and pay a registration fee of $75 on an annual basis and have attached to said golf cart a sticker or card provided by said city noting said vehicle has been properly registered with the city. At the time of paying said yearly registration, every golf cart operated under this section shall be inspected by the Rensselaer Police Department to verify road worthiness and to verify any golf cart registered under this section complies with all requirements imposed by this section. Further, all citizens operating golf carts under this section shall execute a hold harmless agreement at the time of registering a golf cart with the City of Rensselaer Police Department.

(H) Golf carts shall not be operated on any city street having a posted speed limit in excess of 35 m.p.h. (miles per hour).

(I) While in operation, such golf carts must carry no more passengers than such golf carts are equipped to handle, and all passengers must be seated at all times.

(J) Golf carts may cross a street that has a posted speed limit in excess of 35 m.p.h., when crossed at an intersection in a path perpendicular to the street or highway. Golf carts may not be operated on State Highway 114 or U.S. Highway 231.

(K) Golf carts must have safety belts installed at each designated seating position.

(L) Golf carts must be parked either on private property or, if parked on a public roadway, golf carts must be parked in a designated parking spot.

(M) Golf carts shall not be operated on city streets before sunrise or after sunset.

(N) Golf carts shall not be permitted to be driven on any sidewalks or in any city parks in the City of Rensselaer.

(O) Anyone violating any of the provisions of this section shall be subject to a fine of $125 for a first violation, $250 for a second violation in the same calendar year, and $500 for a third violation in the same calendar year. In addition to such fines, the violators shall be responsible for all expenses and costs related to the prosecution and collection thereof, including, but not limited to, court costs and the reasonable attorneys’ fees associated with same. If a person is cited for a violation of this section more than three times in the same calendar year, the registration shall be revoked and said golf cart shall no longer be permitted to operate within limits of the City of Rensselaer.

(P) All fines collected under division (O) of this section and all registration fees collected under division (G) of this section shall be collected and deposited in the Law Enforcement Continuing Education Fund.

(Ord. 18-2020, passed 10-12-2020)

TRAFFIC RULES

70.20 U-TURNS.

It shall be unlawful for the operator of a vehicle to turn such completely around so as to proceed in the opposite direction, within the congested district, except at street intersections; provided, that no such complete turns shall be made at the intersection of Washington Street with McKinley Avenue, Weston, Cullen, Van Rensselaer and Front streets, and at no time shall such complete turns be made unless such movement can be made in safety and without backing or otherwise interfering with traffic.

(’73 Code, § 16-14) (Ord. 341, passed - - ) Penalty, see § 10.99

70.21 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING.

The operator of a vehicle emerging from an alley, or driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway and sound his horn. The operator of any vehicle emerging from an alley, driveway or building in the congested district shall not make a left hand turn against the traffic, but shall proceed right in the direction of traffic.

(’73 Code, § 16-15) (Ord. 341, passed - - ) Penalty, see § 10.99

70.22 BACKING UP.

No operator of any vehicle shall back such on any street if at the time of so backing there is another vehicle approaching within a distance of fifty feet from the rear thereof.

(’73 Code, § 16-16) (Ord. 341, passed - - ) Penalty, see § 10.99

70.23 UNLAWFUL TO DRIVE BETWEEN PROCESSION VEHICLES.

It shall be unlawful for the operator of any vehicle or bus to drive such between the vehicles comprising any authorized civic, military or public procession while the vehicles are conspicuously so designated.

(’73 Code, § 16-5) (Ord. 341, passed - - )

Statutory reference:

Authority, I.C. 9-21-1-3(a)(3)

Similar state laws; funerals and band processions, see I.C. 9-21-13-2 and 9-21-14-4

70.24 RIDING IN AN OPEN-BED TRUCK OR CONVERTIBLE AUTOMOBILE.

(A) Open-bed trucks.

(1) Passengers riding in the rear cargo area of open-bed trucks (pick-up trucks) shall be restricted to three passengers, age five years or older, who are permitted to ride in the rear cargo area of an open-bed vehicle and that they must be seated at all times that the vehicle is in motion.

(2) The passengers are not permitted to sit on the sides or tailgates of the aforementioned vehicle and no part of their body can protrude beyond the sides of the vehicle.

(3) The cargo areas shall be defined as any area not designed primarily for passenger occupancy.

(B) Convertible automobiles. No passenger shall be allowed to sit any area of a convertible vehicle other than the seats placed in the vehicle by the manufacturer.

(Ord. 8-94, passed 6-13-94) Penalty, see § 70.99

VEHICLE INSPECTION FEES

70.30 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. A person who applies for an Indiana certificate of title for a motor vehicle, semitrailer, or recreational vehicle.

POLICE DEPARTMENT. The city police department.

POLICE OFFICER. A sworn law enforcement officer employed by the police department.

(Ord. 13-93, passed 6-28-93)

70.31 INSPECTION AUTHORITY.

For the purpose of verifying an application for an Indiana certificate of title, a police officer shall have the authority to inspect motor vehicles, semi-trailers, or recreational vehicles as a part of his assigned duties, pursuant to I.C. § 9-17-2-12.

(Ord. 13-93, passed 6-28-93)

70.32 INSPECTION FEES.

The police department shall charge and collect in advance from an applicant a $5 fee for an inspection conducted pursuant to the authority of § 70.31. Each such inspection fee shall be deposited by the Clerk/Treasurer in a law enforcement continuing education fund, monies from which can only be appropriated for law enforcement purposes.

(Ord. 13-93, passed 6-28-93)

70.99 PENALTY.

(A) Any person who violates the provisions of § 70.10 or § 70.11, or schedules II, III or IV of Chapter 72 shall be subject to a fine of not more than $500.

(B) The penalty for a violation of § 70.24 is $10 plus court costs and is an infraction of the state traffic laws. (Ord. 8-94, passed 6-13-94)

(C) Where an act or omission is prohibited or declared unlawful in this chapter and no penalty is otherwise provided, the offender shall be fined not more than $2500 for each offense or violation. A separate offense shall be deemed committed on each day that a violation occurs or continues.

(D) For Ordinance Violation Bureau fines for violations of §§ 70.13, 70.14, 70.15 and 70.24, see § 34.94.

Statutory reference:

Authority to penalize violation of speed limit, failure to stop, see I.C. 9-21-5-13