CHAPTER 10.04:
GENERAL PROVISIONS
Section
10.04.030 References to streets
10.04.040 Traffic-control devices
10.04.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A street or highway which is 22 feet or less in width.
AUTHORIZED EMERGENCY VEHICLE. The following vehicles:
(1) Fire Department vehicles;
(2) Police Department vehicles;
(3) Ambulances;
(4) Emergency vehicles operated by or for hospitals or health and hospital corporations under I.C. 16-22-8;
(5) Vehicles designated as emergency vehicles by the State Department of Transportation under I.C. 9-21-20-1;
(6) Motor vehicles that, subject to I.C. 9-21-20-2, are approved by the State Emergency Medical Services Commission that are:
(a) Ambulances that are owned by persons, firms, limited liability companies, or corporations other than hospitals; or
(b) Not ambulances and that provide emergency medical services, including extrication and rescue services (as defined in I.C. 16-18-2-110); and
(7) Vehicles of the Department of Correction that, subject to I.C. 9-21-20-3, are:
(a) Designated by the Department of Correction as emergency vehicles; and
(b) Responding to an emergency.
(I.C. 9-13-2-6)
DRIVER. Every person who drives or is in actual physical control of the vehicle.
(I.C. 9-13-2-47)
HIGHWAY or STREET. The entire width between the boundary lines of every publicly maintained way when any part of the way is open to the use of the public for purposes of vehicular travel. The term includes an alley.
(I.C. 9-13-2-73)
INTERSECTION.
(1) The area embraced within:
(a) The prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two highways that join at, or approximately at, right angles; or
(b) The area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(2) Where a highway includes two roadways at least 30 feet apart, every crossing of each roadway of the divided highway by an intersecting highway is regarded as a separate intersection. If the intersecting highway also includes two roadways at least 30 feet apart, every crossing of two roadways of the intersecting highway is regarded as a separate intersection.
(I.C. 9-13-2-84)
MOTOR VEHICLE.
(1) Except as otherwise provided in this definition, a vehicle that is self-propelled. The term does not include a farm tractor or implement of husbandry, as those terms are defined in I.C. 9-13-2-56 and 9-13-2-77.
(2) MOTOR VEHICLE also means:
(a) A vehicle except a motorized bicycle that is self-propelled; or
(b) A vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(I.C. 9-13-2-105)
MOTORCYCLE. A motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term does not include a farm tractor or a motorized bicycle.
(I.C. 9-13-2-108)
OPERATOR. A person, other than a chauffeur or a public passenger chauffeur, who:
(1) Drives or is in actual physical control of a motor vehicle upon a highway; or
(2) Is exercising control over or steering a motor vehicle being towed by a motor vehicle.
(I.C. 9-13-2-118)
OWNER.
(1) A person who holds the legal title of a motor vehicle;
(2) A person renting or leasing a motor vehicle and having exclusive use of the motor vehicle for more than 30 days; or
(3) If a motor vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee, or in the event the mortgagor, with the right of purchase upon the performance of the conditions stated in the agreement and with an immediate right of possession of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor.
(I.C. 9-13-2-121(a))
PEDESTRIAN. Any person afoot.
POLICE OFFICER. Every officer, including the Chief of Police and patrol officers of the city, authorized to direct and regulate traffic or to make arrests for violations of traffic regulations.
PRIVATE ROAD OR DRIVEWAY. Every way or place privately owned and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
RIGHT OF WAY. The privilege of the immediate use of a highway.
(I.C. 9-13-2-155)
ROADWAY. That part of a highway improved, designed, or ordinarily used for vehicular travel.
(I.C. 9-13-2-157)
SIDEWALK. That portion of a street between the curb lines or the lateral lines of a street or highway and the adjacent property lines intended for the use of pedestrians.
STREET. See HIGHWAY.
THROUGH HIGHWAY. A highway or portion of a highway at the entrance to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on the through highway in obedience to either a stop sign or a yield sign.
(I.C. 9-13-2-178)
VEHICLE. A device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway.
(I.C. 9-13-2-196) (Prior Code, §§ 10.04.010 through 10.04.090)
10.04.020 TIME STANDARD.
All reference to time contained in this title shall be Eastern Standard Time.
(Prior Code, § 10.04.100)
10.04.030 REFERENCES TO STREETS.
Any reference in this title to a specific street, avenue or drive shall be deemed to be a reference to the exact and correct name of such street so long as the first part of the name before the word street, avenue or drive, as the case may be, is correctly stated.
(Prior Code, § 10.04.110)
10.04.040 TRAFFIC-CONTROL DEVICES.
(A) Establishment and maintenance of traffic-control devices. The city may establish and maintain official traffic-control devices necessary within the city. All traffic-control devices, including signs, shall be employed to indicate one particular warning or regulation, shall be uniform and as far as possible shall be placed uniformly. All traffic-control devices and signs shall conform to required state specifications.
(B) Obedience to signals.
(1) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the city, or any electric signal, gate or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for such barrier or sign must be approved by the city.
(2) Such sign, signal, marking or barrier shall have the same authority as the personal direction of a police officer.
(C) Interference with signals. It shall be unlawful for any person without authority to attempt to or in fact alter, deface, injure, knock down or remove any official control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereof.
(D) Unauthorized signals or markings.
(1) It shall be unlawful for any person to place, maintain or display on or in view of any street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal. No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal containing any commercial advertising. Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign whose placing has been approved by the city.
(2) Every such prohibited sign, signal or marking is declared to be a public nuisance and the city is empowered forthwith to remove it or cause it to be removed.
Penalty, see § 10.04.999
10.04.999 PENALTY.
Any person, firm or corporation who violates any provision of this title for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.