Chapter 10.05
GENERAL PROVISIONS
Sections:
Article I. General Provisions
10.05.020 Interference with rights of owner.
10.05.040 Obedience to officers and devices.
10.05.050 Boarding or alighting from vehicles.
10.05.060 Riding on portions of vehicles not intended for passengers.
Article II. Traffic and Parking Violations
10.05.070 Notice on illegally parked vehicle.
10.05.080 Presumption with reference to illegal parking.
Article III. Administration and Enforcement
10.05.090 Authority of police and fire department officials.
10.05.100 Placement and maintenance of traffic control devices.
10.05.110 Traffic control signals.
10.05.120 When traffic control devices are required for enforcement purposes.
10.05.130 Surveys and posting of temporary signs.
10.05.140 Penalty – Traffic violations bureau and ordinance violations bureau.
Cross-reference: Traffic safety commission, see HMC 10.45.010 et seq.
Article I. General Provisions
10.05.010 Definitions.
The words and phrases used in this title shall have the same meanings and definitions as defined in HMC 1.05.050 and in IC 9-21 et seq. [Amended during 2012 recodification. Code 1983 § 11-1; Code 2000 § 70.01].
Statutory reference: Definitions, see IC 9-13-2-1.
10.05.020 Interference with rights of owner.
Nothing in this title shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this title, or otherwise regulating such use as may seem best to such owner. [Code 1983 § 11-2; Code 2000 § 70.02].
Statutory reference: Similar provisions, see IC 9-21-18-14.
10.05.030 Applicability.
(A) Application of This Title to Pushcarts, Animals, and the Like. 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 this title applicable to the driver of any vehicle, except those provisions of this title which by their very nature can have no application.
(B) Application of This Title to Bicycles. Every person riding a bicycle upon a roadway shall be subject both to those special provisions relating to bicycles and to the provisions of this title applicable to the driver of a vehicle, except as to those provisions of this title which by their nature can have no application.
(C) Application of This Title to Public Employees and Authorized Emergency Vehicles.
(1) The provisions of this title applicable to the drivers of vehicles on a highway shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this title or state law with reference to authorized emergency vehicles.
(2) Unless specifically made applicable, the provisions of this title shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work on the surface of a highway but shall apply to such persons and vehicles when traveling to or from work.
(3) The driver of any 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 title but subject to the conditions herein stated.
(4) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this title.
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(c) Exceed the maximum speed limits so long as he does not endanger life or property.
(5) Disregard regulations governing direction of movement or turning in specified directions.
(6) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and 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.
(7) 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, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. [Code 1983 §§ 11-3 – 11-5; Code 2000 § 70.03].
Statutory reference: Similar provisions, see IC 9-21-1.
10.05.040 Obedience to officers and devices.
(A) Obedience to Police, Firefighters, and the Like. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer or firefighter authorized to direct traffic.
(B) Obedience to Official Traffic Control Devices.
(1) No driver of a vehicle or motorman of a street car shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this title unless otherwise directed by a police officer or a firefighter.
(2) When traffic control devices or flaggers 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.
(3) 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, firefighter or flagger for the purpose of safely controlling traffic movement at the worksite and generally promoting safety there. [Code 1983 §§ 11-6, 11-7; Code 2000 § 70.04].
Penalty, see HMC 10.05.140.
Statutory reference: Similar provisions, see IC 9-21-3, 9-21-4, 9-21-8-1, and 35-44-3-3.
10.05.050 Boarding or alighting from vehicles.
No person shall board or alight from any vehicle while such vehicle is in motion, and no person shall alight on the roadway side from any vehicle. [Code 1983 § 11-171; Code 2000 § 70.05].
Penalty, see HMC 10.05.140.
10.05.060 Riding on portions of vehicles not intended for passengers.
No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. [Code 1983 § 11-172; Code 2000 § 70.06].
Penalty, see HMC 10.05.140.
Article II. Traffic and Parking Violations
10.05.070 Notice on illegally parked vehicle.
Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by ordinances relating to traffic, then the officer finding such vehicle shall take its registration number and may take any other information displayed on such vehicle which may identify its owner or user, and shall conspicuously affix to such vehicle a notice in writing on a triplicate form provided by the chief of police for the driver to answer to the charge against him within 72 hours, during the hours and at the place specified in the notice. [Ord. 886, 1982. Code 1983 § 11-36; Code 2000 § 70.20].
10.05.080 Presumption with reference to illegal parking.
In any prosecution charging a violation of any law or regulation governing the parking or standing of a vehicle, proof that the particular vehicle described in the notice to appear was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, will constitute prima facie evidence that such registered owner was the person who parked such vehicle at the time and place and for the time during which such violation occurred. [Code 1983 § 11-37; Code 2000 § 70.21].
Article III. Administration and Enforcement
10.05.090 Authority of police and fire department officials.
It shall be the duty of the officers of the police department of this town to enforce the provisions of this title and all state laws applicable to street traffic in this town. Officers of the police department are hereby authorized to direct all traffic either in person or by means of visible or audible signal in conformance with all traffic laws and ordinances; provided, that in the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the police or fire department may direct traffic, as conditions may require, notwithstanding the provisions of this title. [Code 1983 § 11-21; Code 2000 § 70.23].
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.05.100 Placement and maintenance of traffic control devices.
The chief of police shall cause to be placed and maintained traffic control signs, signals, and devices when and as required under the traffic ordinances of this town to make effective the provisions of said ordinances. [Code 1983 § 11-22; Code 2000 § 70.36].
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, IC 9-21-1-3.
10.05.110 Traffic control signals.
Traffic control signals shall be erected at the locations specified in HMC 10.30.010. [Code 1983 § 11-23; Code 2000 § 70.37].
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.05.120 When traffic control devices are required for enforcement purposes.
No provision of this title for which signs are required shall be enforced against an alleged violator if at the time of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. [Code 1983 § 11-24; Code 2000 § 70.38].
Statutory reference: Power of local authority with respect to streets and highways under the authority’s jurisdiction, see IC 9-21-1-3.
10.05.130 Surveys and posting of temporary signs.
(A) Whenever the chief of police and the board of metropolitan police commissioners, in the course of a traffic study, deem it in the interest of the public safety and welfare to delete or to add other streets to the schedules contained in Chapter 10.30 HMC, they may do so on a temporary basis and such streets and locations, when posted by signs, shall be deemed for said temporary period to be incorporated within the terms of this title, and persons violating same shall be deemed guilty of an offense as if they were incorporated within this title.
(B) Upon the posting of said streets, the board of metropolitan police commissioners and/or the chief of police shall immediately forward copies of said addition to the board of trustees, the clerk-treasurer, and the town attorney. In addition, a copy of the change or addition to said schedule shall be posted in a public place in each election district of the town. In the event that the board of trustees shall, by resolution, deem the addition to the schedules unwise or improper, then said signs shall be immediately removed. Unless the board of trustees disapproves of said proposed addition or modification of said schedules, then the chief of police and the board of metropolitan police commissioners may maintain such signs for any period they may deem sufficient to properly evaluate the effects and benefits of said addition or modification to the schedules, not to exceed one year.
(C) At least once each year the board of metropolitan police commissioners shall forward to the board of trustees a list of suggested modifications in the schedules contained in Chapter 10.30 HMC, to be determined by studies, engineering, traffic surveys, or experience and as verified by temporary posting of signs as herein described. [Code 1983 § 11-25; Code 2000 § 70.39].
10.05.140 Penalty – Traffic violations bureau and ordinance violations bureau.
(A) Penalties and Payable Offenses Before Traffic Bureau Violations Clerk.
(1) Any person, firm or corporation violating any portion of the town ordinances which regulate the traffic and operation of a motor vehicle on the streets, alleys, or other public places, which constitute moving violations, in lieu of being charged for such violation in a court, may pay to a traffic violations clerk in the traffic violations bureau, as duly established by the Lake superior court in the office of the town clerk-treasurer, a penalty for a moving violation in the following identified amounts:
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Moving violations generally: |
$25.50 |
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$30.50 |
|
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Moving violation described in HMC 10.10.160: |
$50.50 |
(2) Such payments shall be deposited in the proper agency fund of the town of Highland, pursuant to subsection (D)(2) of this section.
(3) As used in this title, “moving traffic violation” means a violation of an ordinance that applies when a motor vehicle is in motion.
(4) If such persons, entity or organization shall violate any portion of the town ordinances which regulate the traffic and operation of a motor vehicle on the streets, alleys, or other public places which constitute moving violations, and either:
(a) There is a failure to pay the civil violation as set forth in subsection (A)(1) of this section; or
(b) Such persons charged elect to exercise their right to trial;
then, except as may be otherwise provided in this code or HMC 10.10.180, such violation shall be construed as a justiciable offense and shall be subject to a fine of not less than $25.50 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense.
(B) Penalties and Payable Offenses Before Ordinance Violation Bureau Admissions Clerk.
(1) Any person, entity or organization who shall violate any provisions of this title, except where otherwise stated, shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.
(2) Upon failure to pay any penalty herein prescribed or set forth in HMC 9.85.060, the person shall be charged pursuant to the provisions set forth in Chapter 9.85 HMC.
(C) Ordinance Deferral Program.
(1) There is hereby established an ordinance deferral program to be administered by the attorney for the municipal corporation or his designee, pursuant to IC 34-28-5-1 et seq. This may not be applied to a violation under IC 9-24-6 involving the operation of a commercial motor vehicle.
(2) The attorney for the municipal corporation is authorized to establish an ordinance deferral program for deferring action brought under IC 34-28-5-1 et seq. and 33-37-4-2(e); provided, that all of the following apply:
(a) The defendant in the action agrees to the conditions of the deferral program offered by the attorney for the municipal corporation;
(b) The defendant in the action agrees to pay the clerk of the court an initial user’s fee and monthly user’s fee set by the attorney for the municipal corporation in conjunction with the town council of the town of Highland in accordance with IC 33-37-4-2(e);
(c) The terms of the agreement are recorded in an instrument signed by the defendant and the attorney for the municipal corporation;
(d) The defendant in the action agrees to pay court costs of $70.00 to the clerk of the court in the event that the action involves a moving violation as defined in IC 9-13-2-110;
(e) The agreement is filed in the court in which the action is brought.
(3) When the defendant complies with the terms of the agreement as set forth above, the attorney for the municipal corporation shall file a motion with the court requesting that the court dismiss the action, and an action dismissed under this plan shall not be subject to being refiled. (IC 34-28-5-1(f))
(4) Pursuant to IC 33-37-4-2(e), which provides that the initial user’s fee shall not exceed $52.00 and, thereafter, a monthly user’s fee shall not exceed $10.00 for each month that the defendant remains in the deferral program. Such fees are hereby fixed as follows:
(a) The initial user’s fee is hereby fixed at $52.00;
(b) The user shall also pay those additional fees provided by IC 33-37, Chapters 4 and 5, that apply to an action involving an ordinance;
(c) The monthly user fee is hereby fixed at $10.00 per month for each month the defendant remains in the program.
(5) A person charged with the offense of exceeding the posted speed limit in excess of 20 miles per hour over the posted limit or a person who has had a previous moving violation conviction in the one year prior to the date of the ordinance violation that is sought to be deferred shall not be entitled to participate in this program.
(D) Special Statutory Fees.
(1) Except as otherwise provided in this title, a defendant against whom a judgment is entered or who has entered an admission of a violation or a pleading of nolo contendere before a traffic violations clerk of the municipality for a moving traffic violation, in addition to any fine authorized pursuant to this code or relevant Indiana law, shall pay the ordinance violation costs fee as required by IC 33-37-4-2(a).
(2) Except as otherwise provided in this title, a defendant against whom a judgment is entered or who has entered an admission of a violation or a pleading of nolo contendere before a traffic violations clerk of the municipality for a moving traffic violation, in addition to any fine or ordinance violations fee authorized pursuant to this code or relevant Indiana law, shall pay the following fees as required by IC 33-37-4-2(b) and 33-37 et seq.
(3) The clerk-treasurer shall deposit such collections in the proper agency fund of the town. Within the time prescribed by law, the clerk-treasurer shall then forward the court costs, fines, and fees to the clerk of the Lake circuit court for distribution pursuant to Indiana law. [Ord. 1185 § 1, 2001; Ord. 1281 § 2, 2005; Ord. 1365 § 1, 2007. Code 2000 § 70.99].
Statutory reference: Traffic court violations bureau, see IC 34-28-5-7 through 34-28-5-12.
Cross-reference: Town traffic violations bureau, see Court Orders at the end of this code.