Chapter 10.20
STOPPING, STANDING AND PARKING
Sections:
10.20.010 Through streets and stop intersections.
10.20.050 Stopping, standing, or parking prohibited in specified places.
10.20.060 Unauthorized movement.
10.20.080 Special enforcement procedure.
10.20.090 Stopping for loading or unloading only – Establishment of zones.
10.20.100 Standing in curb loading zones.
10.20.130 Parking on street during street cleaning.
10.20.140 Parking on closed street.
10.20.150 Parking during snow emergency.
10.20.160 Commercial vehicles – Parking prohibited.
10.20.170 Weight restrictions.
10.20.180 Commercial and other vehicles.
10.20.200 Termination of restriction on 450 south segment.
10.20.010 Through streets and stop intersections.
When the proper signs are erected, vehicles shall be brought to a full stop at every intersection before entering any of the following streets or designated sections of streets:
A. Any street or highway which is now or which hereafter may be established as the route, or part of the route, for a state highway, unless specifically designated to the contrary herein or by amendment hereto.
B. Main Street has the right-of-way over all streets, from the north end of town to the south end of town, with the exception of Pierce Street, the intersection of which shall be a four-way stop intersection.
Pierce Street has the right-of-way over all streets, from the east end of town to the west end of town, with the exception of Main Street, the intersection of which shall be a four-way stop intersection.
Bowers Street has the right-of-way running north and south from Porter Avenue south to Smith Street over Turner Street and Neese Street and Laughner Street.
Buck Street has the right-of-way over Turner Street, Neese Street, and Laughner Street.
Smith Street has the right-of-way over the south end of Bowers Street.
Porter Avenue has the right-of-way over Bowers Street and Buck Street.
Uitts Street has the right-of-way over Bowers Street.
East end of town:
Four-way stop signs shall be erected [at] the intersection of Linville Avenue and Trout Street and at the intersection of Linville Avenue and Peters Street.
Any violation for failure to stop pursuant to said signage shall give rise to any applicable penalties and points with the Bureau of Motor Vehicles pursuant to Indiana Statute and/or the local traffic control ordinance.
C. 1. The intersection of County Road 450 South and Perryworth Road is hereby designated as an all-way stop intersection.
2. The Whitestown street department shall erect appropriate signage for the designation set forth in subsection (C)(1) of this section. [Ord. 2013-15 §§ 1, 2; Ord. 2001-22; Ord. 1988-03 § 1; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 7, § 1]
10.20.020 Sign standards.
Every sign erected pursuant to WMC 10.20.010 through 10.20.030 shall bear the word “STOP” in letters not less than six inches in height. Stop signs shall be located as near as practicable at the nearest line of the crosswalk on the near side of the intersection, or, if none, at the nearest property line of the highway. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 7, § 2]
10.20.030 Required stops.
All traffic shall come to a complete stop before entering an intersection with a traffic-control device unless directed otherwise by a police officer or the traffic-control device. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 7, § 3]
10.20.040 Parking.
No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within 12 inches of the curb or edge of the roadway except as otherwise provided in this section.
The board shall determine upon what street angle parking shall be permitted and shall mark or sign such streets. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 11, § 1]
10.20.050 Stopping, standing, or parking prohibited in specified places.
A. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device in any of the following places:
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1. In front of a public or private driveway;
2. Within an intersection;
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3. On a crosswalk;
4. Within 20 feet of any intersection or of a crosswalk at an intersection;
5. Within 20 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
6. Within 20 feet of a driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly sign posted);
7. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
8. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
9. In any alley except for the purpose of loading or unloading;
10. No parking on the south side of Harrison Street between [Main Street] and Pierce Street;
11. No parking in the north/south alley between Harrison Street and Pierce Street;
12. On the North Side and South Side of Pierce Street, running from the intersection of [Main Street] to the Alley East;
13. On the South Side of Pierce Street running west to Bower[s] Street;
14. No parking in front of the Town Hall except that of a police car or cars;
15. Parking on the north side of Uitts Street is prohibited from one-half block west of [Main Street] west to the former railroad right-of-way;
16. The board of town trustees is hereby granted authority to establish additional no-parking locations by resolution adopted at a regular or special town board meeting. Such additional no-parking locations shall become effective when inserted into the Town Code as an addendum to said Section 1.
B. Parking near Fire Hydrant. No person shall park or stop a vehicle within 12 feet of a fire hydrant (either direction).
C. Parking on Sidewalk, Etc. No person shall park or stop on sidewalk, grass plot, crosswalk, or in public right-of-way area between curb-line of road and adjacent property line.
D. Parking in Emergency Lane. No person shall park or stop in an emergency vehicle lane except for the time necessary to load or unload passengers.
E. Parking in Fire Lane. No person shall park or stop in a fire lane. [Ord. 2012-18 § 1(g); Res. 1987-01 § 1; Ord. 1986-03 §§ 2, 3; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 12, §§ 1, 101 – 104]
10.20.060 Unauthorized movement.
No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such distance as is unlawful. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 12, § 2]
10.20.070 Exceptions.
Nothing in this section shall be construed to repeal or restrict the right of the suburban bus lines or physicians or other persons specifically designated by town ordinances to stop and park their respective vehicles in spaces specifically provided for that purpose. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 12, § 3]
10.20.080 Special enforcement procedure.
The [chief of police] and his deputies are hereby authorized to move or cause to be moved and properly stored, at the owner’s expense, any vehicle improperly parked, parked overtime, or abandoned, if, after reasonable effort, the owner or operator of such vehicle cannot be found or refuses or fails, upon proper notification, to move such vehicle. [Ord. 2008-11 § 5; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 12, § 4]
10.20.090 Stopping for loading or unloading only – Establishment of zones.
The board is hereby authorized to determine the location of curb loading zones and shall have placed and maintained appropriate signs indicating the same. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 13, § 1]
10.20.100 Standing in curb loading zones.
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 or materials in any place marked as a curb-loading zone during the hours when the regulations applicable to such curb-loading zone are effective. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 13, § 2]
10.20.110 Stopping, standing, or parking restricted or prohibited on certain streets – Posted locations.
When proper signage is in place, no person shall park a vehicle at any time upon any of the streets or parts of streets described in this code in violation thereof. [Ord. 2002-11; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 14, § 1]
10.20.120 Time periods.
When proper signs are in place in each block, no person shall park a vehicle for longer than the period which this board shall herein, or in the future, designate.
It shall be prohibited to park for more than 30 minutes on the east side of Main Street between Pierce Street and the first alley south of Pierce Street from the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. [Ord. 2002-11; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 14, § 2]
10.20.130 Parking on street during street cleaning.
No vehicle shall park on a street identified for cleaning by signage posted by the town. [Ord. 2012-18 § 1(h). Prior code Title 7, Ch. 2, Art. 14, § 101]
10.20.140 Parking on closed street.
No person shall park a vehicle on a street temporarily closed to parking against posted order or against order of an authorized agent of the town. [Ord. 2012-18 § 1(h). Prior code Title 7, Ch. 2, Art. 14, § 102]
10.20.150 Parking during snow emergency.
No person shall park or stop on a prohibited street during snow emergency. [Ord. 2012-18 § 1(h). Prior code Title 7, Ch. 2, Art. 14, § 103]
10.20.160 Commercial vehicles – Parking prohibited.
Freight carrying vehicles of one-ton capacity or more or vehicles more than 20 feet in length shall not park within the business district on Main Street of this town except for the purpose of loading or unloading freight. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 15, § 1]
10.20.170 Weight restrictions.
A. Notice of Restrictions. When signs give notice of a weight restriction, no person shall operate a vehicle exceeding a gross combination vehicle weight rating of 20,000 pounds upon any street within the corporate limits of Whitestown, including, but not limited to, streets within the area commonly known as Old Town Whitestown, CR 300 South, CR East 550 South, CR 650 East, and that portion of CR 450 South that lies between CR 575 East and a point that is 750 feet west of CR 500 East right-of-way, as designated on Exhibit A attached to the ordinance codified in this section (the “450 South Segment”), except as provided in WMC 10.20.180; provided, that when a parcel adjacent to and south of CR 450 South along 450 South Segment is rezoned for any purpose other than residential or farming use, these weight restrictions shall not apply to the portion of CR 450 South immediately adjacent to the rezoned parcel, and the town will adjust signage as appropriate.
B. Weight Determination. In determining compliance with WMC 10.20.170 through 10.20.200, the town will use the gross combination vehicle rating as displayed on the manufacturer’s vehicle identification number (“V.I.N.”) plate (i.e., the total weight of the vehicle and any trailer). If no manufacturer’s weight is provided on the V.I.N. plate, the town shall determine the weight of the vehicle (and trailer) by using the weight listed on the license plate(s) of the vehicle (and trailer). [Ord. 2009-09 § A; Ord. 2001-08. Prior code Title 7, Ch. 2, Art. 15, § 2]
10.20.180 Commercial and other vehicles.
A. Commercial and Other Vehicles Prohibited From Using Certain Streets. When signs give notice of the following weight restrictions, no person shall operate any vehicle exceeding a gross combination vehicle weight rating of 20,000 pounds upon any street within the corporate limits of Whitestown, except that such vehicles may be operated on CR 300 South, CR East 550 South, and CR 650 East for the purpose of delivering or picking up materials or merchandise and then only by entering such street at the intersection nearest the destination of the vehicle and traveling no further than the nearest intersection after the destination, and such commercial vehicles may also be operated on the 450 South Segment for purposes of delivering or picking up materials or merchandise at the residences immediately adjacent to and south of the 450 South Segment. In addition, the weight restrictions enacted in WMC 10.20.170 through 10.20.200 shall not be applicable to farm-related vehicles or equipment traveling upon CR 450 South.
B. Penalties and Procedures. Any person who violates the provision of WMC 10.20.170 through 10.20.200 shall be guilty of an infraction punishable by a fine of not more than:
First offense: Up to $250.00.
Second offense: Up to $500.00.
Third offense: Up to $1,000.00.
Fourth and subsequent offenses: Up to $2,000.00.
1. The Whitestown town court shall be the proper venue and jurisdiction for enforcement of WMC 10.20.170 through 10.20.200. Citations for violation of WMC 10.20.170 through 10.20.200 may be issued by the Whitestown police department (“police department”). Persons charged with a violation under WMC 10.20.160 through 10.20.200 shall be given appropriate notice of such charge by personal service or by placing said notice in or upon a vehicle parked or stopped in violation of any provision hereof. Any person so charged may appear at the office of the clerk-treasurer within 48 hours of the issuance of notice and make payment to the Whitestown clerk-treasurer of the penalty and fine set out in subsection B of this section, as same may be amended from time to time. Payment of the fine shall be an acknowledgment of such violation and offense. If in the opinion of the police department, any person charged with violating WMC 10.20.160 through 10.20.200 is about to leave the jurisdiction, such officer may institute action forthwith before a court of law, magistrate or judge for the collection of such fine or penalty.
2. Nothing in WMC 10.20.170 through 10.20.200 shall be construed to limit any other rights or actions that may exist in law or equity.
3. If any portion of WMC 10.20.170 through 10.20.200 shall be declared unconstitutional or invalid, such decision shall not affect the remaining portions of WMC 10.20.170 through 10.20.200 so long as enforcement of same can be given the intended effect.
4. All prior ordinances or parts thereof inconsistent with WMC 10.20.170 through 10.20.200 are hereby repealed.
5. All monies collected pursuant to a violation of WMC 10.20.170 through 10.20.200 shall be deposited by the clerk-treasurer in the Whitestown motor vehicle highway fund. [Ord. 2009-09 § A; Ord. 2001-08. Prior code Title 7, Ch. 2, Art. 15. § 3]
10.20.190 Truck route.
When signs are erected giving notice thereof, any person operating any vehicle exceeding a gross combination vehicle weight rating of 13 tons shall utilize the following truck route in and around the corporate limits of the town of Whitestown, except as provided under WMC 10.20.180:
South-North – Vehicles exceeding the aforementioned weight limits shall use I-65 or US 421.
East-West – Vehicles exceeding the posted weight limit shall use [Whitestown Parkway] or SR 32. [Amended during 2015 reformat; Ord. 2009-09 § A; Ord. 2001-08. Prior code Title 7, Ch. 2, Art. 15, § 4]
10.20.200 Termination of restriction on 450 south segment.
At such time as the entirety of the approximately 46-acre tract of land commonly known as 4995 East 450 South, Whitestown, Indiana (the “Protected Tract”) is conveyed by the current owner thereof (i.e., the owner of the Protected Tract at the time of this amendment) to a third party, the amendments set forth herein adding the 450 South Segment to WMC 10.20.170 and 10.20.180 shall automatically become null and void and shall be of no further force or effect. The protected tract is generally depicted on Exhibit A attached to the ordinance codified in this section and is more particularly described in Deed Book 230, Page 408; Deed Book 230, Page 657; Deed Book 252, Page 449, an[d] Instrument No. 9607191, all recorded in the office of the recorder of Boone County, Indiana. [Ord. 2009-09 § B. Prior code Title 7, Ch. 2, Art. 15, § 5]