C HAPTER 8
TRAFFIC AND PARKING REGULATIONS.
| ARTICLE 1. GENERAL PROVISIONS. | |
| Sec. 8-1 | Definitions. |
| Sec. 8-2 | through Sec. 8-3 Reserved for Future Use. |
| ARTICLE 2. TRAFFIC ADMINISTRATION. | |
| Sec. 8-4 | Traffic Engineer. |
| Sec. 8-5 | Duties of the Traffic Engineer. |
| Sec. 8-6 | Emergency and Experimental Regulations. |
| Sec. 8-7 | Powers and Duties of the Traffic Commission. |
| Sec. 8-8 | through Sec. 8-9 Reserved for Future Use. |
| ARTICLE 3. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS. | |
| Sec. 8-10 | Authority of Police and Fire Department Officials. |
| Sec. 8-11 | Required Obedience to Traffic Ordinances. |
| Sec. 8-12 | Obedience to Police and Fire Department Officials. |
| Sec. 8-13 | Persons Propelling Push Carts or Riding Animals to Obey Traffic Regulations. |
| Sec. 8-14 | Use of Coasters, Roller Skates and Similar Device - Restrictions. |
| Sec. 8-15 | Public Employees to Obey Traffic Regulations. |
| Sec. 8-16 | Authorized Emergency Vehicle. |
| Sec. 8-17 | Operation of Vehicles on Approach of Authorized Emergency Vehicles. |
| Sec. 8-18 | Immediate Notice of Accident. |
| Sec. 8-19 | Written Reports of Accidents. |
| Sec. 8-20 | When Driver is Unable to Report. |
| Sec. 8-21 | Written Accident Reports Confidential. |
| Sec. 8-22 | through Sec. 8-23 Reserved for Future Use. |
| ARTICLE 4. TRAFFIC CONTROL DEVICES. | |
| Sec. 8-24 | Authority to Install Traffic-Control Devices. |
| Sec. 8-25 | Manual and Specifications for Traffic-Control Devices. |
| Sec. 8-26 | Obedience to Official Traffic-Control Devices. |
| Sec. 8-27 | When Traffic Devices Required for Enforcement Purposes. |
| Sec. 8-28 | Traffic-Control Signal Legend. |
| Sec. 8-29 | Pedestrian-Control Signals. |
| Sec. 8-30 | Flashing Signals. |
| Sec. 8-31 | Display of Unauthorized Signs, Signals or Markings. |
| Sec. 8-32 | Interference with Official Traffic-Control Devices or Signs or Signals. |
| Sec. 8-33 | Authority to Establish Play Streets. |
| Sec. 8-34 | Play Streets. |
| Sec. 8-35 | City Traffic Engineer to Designate Crosswalks and Establish Safety Zones. |
| Sec. 8-36 | Traffic Lanes. |
| Sec. 8-37 | through Sec. 8-39 Reserved for Future Use. |
| ARTICLE 5. TURNING MOVEMENTS. | |
| Sec. 8-40 | Required Position and Method of Turning at Intersections. |
| Sec. 8-41 | Authority to Place and Obedience to Turning Markers. |
| Sec. 8-42 | Authority to Place Restricted Turn Signs. |
| Sec. 8-43 | Obedience to No-Turn Signs. |
| Sec. 8-44 | Limitations on Turning Around. |
| Sec. 8-45 | through Sec. 8-47 Reserved for Future Use. |
| ARTICLE 6. ONE-WAY STREETS AND ALLEYS. | |
| Sec. 8-48 | Authority to Sign One-Way Streets and Alleys. |
| Sec. 8-49 | One-Way Streets and Alleys. |
| Sec. 8-50 | Authority to Restrict Direction of Movement on Streets During Certain Periods. |
| Sec. 8-51 | through Sec. 8-53 Reserved for Future Use. |
| ARTICLE 7. SPEED REGULATIONS. | |
| Sec. 8-54 | Increasing Speed Limits in Certain Zones. |
| Sec. 8-55 | Decreasing Speed Limits in Certain Zones. |
| Sec. 8-56 | Regulation of Speed by Traffic Signals. |
| Sec. 8-57 | through Sec. 8-59 Reserved for Future Use. |
| ARTICLE 8. SPECIAL STOPS REQUIRED. | |
| Sec. 8-60 | Through Streets Designated. |
| Sec. 8-61 | Authority to Erect Stop Signs. |
| Sec. 8-62 | Intersections Where Stop or Yield is Required. |
| Sec. 8-63 | Stop Signs or Yield Signs. |
| Sec. 8-64 | Vehicles to Stop at "STOP" Signs. |
| Sec. 8-65 | Vehicle Entering Yield Intersections. |
| Sec. 8-66 | Emerging from Alley, Driveway or Building. |
| Sec. 8-67 | Stop When Traffic Obstructed. |
| Sec. 8-68 | Reserved for Future Use. |
| ARTICLE 9. MISCELLANEOUS DRIVING RULES. | |
| Sec. 8-70 | Following Fire Apparatus Prohibited. |
| Sec. 8-71 | Crossing Fire Hose. |
| Sec. 8-72 | Load Limits on Streets. |
| Sec. 8-73 | State and Federal Highways Excepted. |
| Sec. 8-74 | Unattended Motor Vehicle. |
| Sec. 8-75 | Obstruction to Driver's View or Driving Mechanism. |
| Sec. 8-76 | Passenger Not to Obstruct. |
| Sec. 8-77 | Putting Glass on Highway Prohibited. |
| Sec. 8-78 | Driving Through Funeral or Other Processions Prohibited. |
| Sec. 8-79 | Duties of Drivers in a Funeral Procession. |
| Sec. 8-80 | Funeral Procession to be Identified. |
| Sec. 8-81 | Permits Required for Parades and Processions. |
| Sec. 8-82 | Vehicles Shall Not be Driven on a Sidewalk. |
| Sec. 8-83 | Limitations on Backing. |
| Sec. 8-84 | Riding on Motorcycles. |
| Sec. 8-85 | Attaching to Vehicles. |
| Sec. 8-86 | through 8-89 Reserved for Future Use. |
| ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES. | |
| Sec. 8-90 | Pedestrians Subject to Traffic-Control Signals. |
| Sec. 8-91 | Pedestrians Right of Way in Crosswalk. |
| Sec. 8-92 | Pedestrians to Use Right Half of Crosswalk. |
| Sec. 8-93 | Crossing at Right Angles. |
| Sec. 8-94 | When Pedestrian Shall Yield. |
| Sec. 8-95 | Prohibited Crossing. |
| Sec. 8-96 | Pedestrians Walking Along Roadways. |
| Sec. 8-97 | Pedestrians Soliciting Rides or Business. |
| Sec. 8-98 | Drivers to Exercise Due Care. |
| Sec. 8-99 | through Sec. 8-101 Reserved for Future Use. |
| ARTICLE 11. METHOD OF PARKING. | |
| Sec. 8-102 | Standing or Parking Close to Curb. |
| Sec. 8-103 | Signs or Markings Indicating Angle Parking. |
| Sec. 8-104 | Obedience to Angle Parking Signs or Markings. |
| Sec. 8-105 | Permit for Loading or Unloading at an Angle to the Curb. |
| Sec. 8-106 | Lights on Parked Vehicles. |
| Sec. 8-107 | Stopping, Standing or Parking Restrictions Where No Signs Required. |
| Sec. 8-108 | Parking in Alleys. |
| Sec. 8-109 | All Night Parking Prohibited. |
| Sec. 8-110 | Parking For Certain Purposes Prohibited. |
| Sec. 8-111 | Parking Adjacent to Schools. |
| Sec. 8-112 | Parking Prohibited on Narrow Streets. |
| Sec. 8-113 | Standing or Parking on One-Way Streets Prohibited. |
| Sec. 8-114 | Standing or Parking in One-Way Streets and Roadways Prohibited. |
| Sec. 8-115 | No Stopping, Standing or Parking Near Hazardous or Congested Places. |
| Sec. 8-116 | Curb Loading Zone Designations. |
| Sec. 8-117 | Residential Restricted Handicapped Parking Spaces. |
| Sec. 8-118 | Conditions of Issuance of Restricted Handicapped Parking Space Card or Plaque. |
| Sec. 8-119 | Violations of Restricted Handicapped Parking. |
| Sec. 8-120 | Application of Parking Restrictions. |
| Sec. 8-121 | Regulations Not Exclusive. |
| Sec. 8-122 | Parking Prohibited At All Times on Certain Streets. |
| Sec. 8-123 | Stopping, Standing or Parking Prohibited During Certain Hours on Certain Streets. |
| Sec. 8-124 | Parking Time Limited on Certain Streets. |
| Sec. 8-125 | Parking Signs Required. |
| Sec. 8-126 | Penalties. |
| Sec. 8-127 | through Sec. 8-129 Reserved for Future Use. |
| ARTICLE 12. SIZE AND WEIGHT REGULATIONS. | |
| Sec. 8-130 | Load Restrictions Upon Vehicles Using Certain Streets. |
| Sec. 8-131 | Commercial Vehicles Required to Use Certain Streets. |
| Sec. 8-132 | Reserved for Future Use. |
| Sec. 8-133 | Restrictions Upon Use of Streets by Certain Vehicles. |
| Sec. 8-134 | Obstructions Prohibited. |
| Sec. 8-135 | Exception. |
| Sec. 8-136 | Enforcement. |
| Sec. 8-137 | Scope. |
| Sec. 8-138 | through See. 8-144 Reserved for Future Use. |
| ARTICLE 13. MOTOR VEHICLE REGULATIONS IN PUBLIC. | |
| Sec. 8-145 | Definitions. |
| Sec. 8-146 | Vehicular Operation in Public Parks Restricted. |
| Sec. 8-147 | Penalties. |
| Sec. 8-148 | through Sec. 8-154 Reserved for Future Use. |
| ARTICLE 14. SCHEDULES. | |
| DIVISION I. SCHEDULE ONE - PREFERENTIAL STREETS. | |
| Sec. 8-155 | Preferential Streets or Preferential Intersections Designated. |
| Sec. 8-156 | through Sec. 8-157 Reserved for Future Use. |
| DIVISION II. SCHEDULE TWO - ONE-WAY STREETS. | |
| Sec. 8-158 | One-Way Street and Alley Designations. |
| Sec. 8-159 | Reserved for Future Use. |
| DIVISION III. SCHEDULE THREE - U-TURNS. | |
| Sec. 8-160 | U-Turns Prohibited at Designated Locations. |
| Sec. 8-161 | Reserved for Future Use. |
| DIVISION IV. SCHEDULE FOUR- YIELD RIGHT OF WAY. | |
| Sec. 8-162 | Designated Yield Streets or Intersections. |
| Sec. 8-163 | Reserved for Future Use. |
| DIVISION V. SCHEDULE FIVE -SPEED REGULATIONS. | |
| Sec. 8-164 | Maximum Speed Limits Established Within Alleys, Parks, and on Public Streets. |
| Sec. 8-165 | Reserved for Future Use. |
| DIVISION VI. SCHEDULE SIX - PARKING REGULATIONS. | |
| Sec. 8-166 | Parking Regulations for Semi-Trailers. |
| Sec. 8-167 | No Parking Areas. |
| Sec. 8-168 | Restricted Parking Before Time Restrictions, Type, For Snow, or Residents Only. |
| Sec. 8-169 | Snow Declaration Parking Restrictions and Fines and Towing. |
| DIVISION VII. SCHEDULE SEVEN - TRAFFIC CONGESTION. | |
| Sec. 8-170 | Downtown Business Area Regulations. |
| Sec. 8-171 | Exceptions. |
| Sec. 8-172 | Violations and Penalties. |
| through Sec. 8-179 Reserved for Future Use. | |
C HAPTER 8
TRAFFIC AND PARKING REGULATIONS.
ARTICLE 1. GENERAL PROVISIONS.1
1Indiana Code § 9-21-1-2, et seq., sets forth traffic regulations.
Sec. 8-1 Definitions.2
2Editor's Note: § 20-1 of the Municipal Code of Attica, Indiana, 1967, divided the definitions into subdivisions A. B. and C.
The following words and phrases, when used in this Article, having the meanings respectively described to them in this article.
a. ALLEYS. A narrow passageway dedicated to public use and intended to serve rear entrances to property.
b. AUTHORIZED EMERGENCY VEHICLES. Vehicles of the Fire Department (fire patrol), police vehicles, and such ambulances and emergency vehicles of metropolitan departments or public service corporations as are designated or authorized by the Chief of Police of the City.
c. BICYCLE. Any foot propelled vehicle, irrespective of the motor number of wheels in contact with the ground.2A
2AIndiana Code. § 9-13-2-14, sets forth the state law definition of "bicycle". Indiana Code, §§ 9-21-1 I-I through 9-21-11-14, sets forth specific bicycle regulations.
d. COMMERCIAL, LOADING ZONES. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
e. CROSSWALK. 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 edge of the traversable roadway.
Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines, or other markings on the surface.
f. DISTRICTS. The business and residence districts are defined as designated in the Zoning Ordinance of this City, now in effect, or which may become effective in the future.
g. DRIVER. Every person who drives or is in actual physical control of a vehicle.
h. FREIGHT CURB LOADING ZONE. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of freight.
i. INTERSECTIONS. The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary line of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways, joining at any angle, may come in conflict.
j. LANDED ROADWAY. A roadway which is divided into three (3) or more marked lanes for vehicular traffic.
k. MOTORCYCLE. Every motor vehicle having a saddle for the use of the rider, and designated to travel on not more than three wheels in contact with the ground but excluding a tractor.
l. MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is attached to or propelled by a self-propelled vehicle.
m. OFFICIAL TIME STANDARD. Whenever certain hours are named herein, they shall mean standard time or daylight savings time as may be in current use in the City.
n. OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings, and devices not inconsistent with this Article, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
o. PARK. When prohibited means the standing of a vehicle, occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading.
p. PEDESTRIANS. Any person afoot.
q. PERSON. Every natural person, firm, co-partnership, association or corporation.
r. POLICE OFFICER. Every officer of the metropolitan police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
s. PRIVATE ROAD OR DRIVEWAY. 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.
t. RAILROAD. A carrier of persons or property upon cars, other than street cars, operated upon stationary rails.
u. RAILROAD TRAIN. A steam engine, locomotive, electric or other motor with or without cars coupled thereto, operated upon rails.
v. RIGHT-OF-WAY. The privilege of the immediate use of the roadway.
w. ROADWAY. That portion of a street or highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two or more separated roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively.
x. SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
y. STOP. When required means complete cessation of movement.
z. STOP, STOPPING OR STANDING. When prohibited means any stopping or standing of vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic-control sign or signal.
aa. STREET OR HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
bb. THROUGH HIGHWAY. Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required to stop, by law, before entering or crossing the same, and when stop signs are erected as provided in this act.
cc. TRAFFIC. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together, while using any street for the purpose of travel.
dd. TRAFFIC-CONTROL SIGNAL. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop or proceed.
ee. TRAFFIC DIVISION. The traffic division of the police department of this City, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the police department of this City.
ff. VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power.
gg. YIELD OF RIGHT-OF-WAY. Indicates a preferential right-of-way for the intersection and
vehicles shall yield to traffic having the designated right-of-way.
(Municipal Code of Attica, Indiana, 1967, § 20-1)
Sec. 8-2 through Sec. 8-3 Reserved for Future Use.
ARTICLE 2. TRAFFIC ADMINISTRATION.3
3Editor's Note: Ord. No. 10, 1988, replaced § 20-2, which had provided that the Chief of Police serve as Traffic City Engineer.
Sec. 8-4 Traffic Engineer.
The Mayor of the City of Attica, subject to the approval of the Common Council of the City of Attica, Indiana shall appoint the City Traffic Engineer who shall execute the powers and duties with respect to traffic as provided in this Chapter. (Ord. No. 10, 1988, 4-18-88)
Sec. 8-5 Duties of the Traffic Engineer.
a. It shall be the general duty of the City Traffic Engineer to determine the installation and proper timing and maintenance of traffic-control devices, to conduct engineering analysis of traffic accidents, and to devise remedial measures, to conduct engineering investigation of traffic conditions, to plan the operation of traffic on the streets and highways of this City and 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 ordinances of this City.
b. Whenever in the administration of this Chapter the City Traffic Engineer takes action as provided herein, his acts shall be subject to review by the City Traffic Commission at any time within ninety (90) days; however, such acts shall remain in full force and effect unless remanded or modified upon such review. (Municipal Code of Attica, Indiana, 1967, § 20-2)
Sec. 8-6 Emergency and Experimental Regulations.
Reserved for Future Use.
Sec. 8-7 Powers and Duties of the Traffic Commission.
a. There is hereby a Traffic Commission to serve without compensation consisting of the Chief of Police, or at his or her discretion, his or her representative; the Chief of the Traffic City attorney's office and such number of other city officers and representatives of unofficial bodies as bay be determined and appointed by the Mayor. The chairman of the Commission shall be appointed by the Mayor.
b. It shall be the duty of the traffic commission, and to this and it shall have the authority within the limits of the funds at its disposal, to coordinate traffic activities, to carry on educational activities in traffic matters, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of this City and to the city and traffic engineer, the chief of the traffic division, and other city officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.
c. The Traffic Commission shall meet when called into session by the commission chairman or the Mayor. The commission shall meet bi-annually, once in the first half and once during the second half of the fiscal year, to review current traffic problems. The commission can be called into session any time throughout the year, with a reasonable advance notice. The number of sessions over the minimum requirements shall be kept to the discretion of the Mayor and the chairman of the commission. (Municipal Code of Attica, Indiana, 1967, § 20-3)
Sec. 8-8 through Sec. 8-9 Reserved for Future Use.
ARTICLE 3. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS.4
4Indiana Code, § 9-21-1-1, et seq., authorizes local authorities to adopt additional traffic regulations which are not in conflict with state law.
Sec. 8-10 Authority of Police and Fire Department Officials.
a. It shall be the duty of the officers of the Police Department or such officers as are assigned by the Chief of Police, to enforce all street traffic laws of this City and all of the state vehicle laws applicable to street traffic in this City.
b. Officers of the Police Department, or such officers 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 to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
c. Officers of the Fire Department, when in uniform, may direct or assist the Police in directing traffic. (Municipal Code of Attica, Indiana, 1967, § 20-5)
Sec. 8-11 Required Obedience to Traffic Ordinances.5
5Indiana Code, § § 9-21-3-11, 9-21-4-19, et seq., addresses violations which are Class C misdemeanors and those which are Class C infractions.
It is an ordinance violation for any person to do any act forbidden or fail to perform any act required in this Chapter. (Municipal Code of Attica, Indiana, 1967, § 20-6)
Sec. 8-12 Obedience to Police and Fire Department Officials.
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. (Municipal Code of Attica, Indiana, 1967, § 20-7)
Sec. 8-13 Persons Propelling Push Carts or Riding Animals to Obey Traffic Regulations.
Every person propelling any push cart, or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this Chapter applicable to the driver of any vehicle, except those provisions of this Chapter which by their very nature can have no application. (Municipal Code of Attica, Indiana, 1967, § 20-8)
Sec. 8-14 Use of Coasters, Roller Skates and Similar Device - Restrictions.
a. No person shall use roller skates, roller blades, in-line skates, or riding in or by means of any coaster, toy vehicle or similar device, 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.
b. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of this City. (Municipal Code of Attica, Indiana, 1967, § 20-9)
Sec. 8-15 Public Employees to Obey Traffic Regulations.
The provisions of this Chapter shall apply to the driver of any vehicle owned by, or used in the service of the United States Government, this state, country, or city, and it shall be unlawful for any said driver to violate any of the provisions of this ordinance, except as otherwise permitted in this Chapter or by state statute. (Municipal Code of Attica, Indiana, 1967, § 20- 10)
Sec. 8-16 Authorized Emergency Vehicle.
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 condition herein stated.
b. The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of this Chapter;
2. Proceed past a red or stop signal or stop sign, only after slowing down, as may be necessary for safe operation;
3. Exceed the prima facie speed limits so long as he or she 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 the driver of any said vehicle, while in motion, sounds audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a blue light visible under normal atmospheric conditions from a distance of five hundred feet (500') to the front of such vehicle, except that an authorized emergency display a blue 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, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. (Municipal Code of Attica, Indiana, 1967, § 20-11)
Sec. 8-17 Operation of Vehicles on Approach of Authorized Emergency Vehicles.
a. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp, exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet (500') to the front, or such vehicle other than a police vehicle, when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren:
1. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
b. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Municipal Code of Attica, Indiana, 1967, § 20-12)
Sec. 8-18 Immediate Notice of Accident.
The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage, shall immediately by the quickest means of communication, give notice of such accident to the police department if such accident occurs within this City. (Municipal Code of Attica, Indiana, 1967, § 20-13)
Sec. 8-19 Written Reports of Accidents.
a. The driver of a vehicle which is in any manner involved in an accident resulting in injury to or death of any person or property damage shall, within five (5) days after such accident, forward a written report of such accident to the Police Department, or a copy of any report he or she is required to forward to the State.
b. The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while such driver was present thereat. (Municipal Code of Attica, Indiana, 1967, § 20-14)
Sec. 8-20 When Driver is Unable to Report.
a. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Sec. 8-18, and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
b. Whenever the driver is physically incapable of making a written report of an accident, as required in Sec. 8-19 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall, within five (5) days after learning of the accident, make such street report not made by the driver. (Municipal Code of Attica, Indiana, 1967, § 20-15)
Sec. 8-21 Written Accident Reports Confidential.
a. All written accident reports made by drivers, owners or occupants of vehicles involved in accidents, as required in Sec. 8-19 and Sec. 8-20 shall be without prejudice to the individual so reporting.
b. Said report shall be for the confidential use of the Police Department or other governmental agencies having use of the records for accident prevention purposes, except that the Police Department may disclose the identity of a person involved in an accident when such identity is not otherwise known, or when such person denies his or her presence at such accident.
c. No such report shall be used as evidence in any trial, civil or criminal, arising out of any accident, except that the department shall furnish upon demand of any person who has or claims to have made to the Police Department solely to prove a compliance or a failure to comply with the requirements that such a report be made to the department. (Municipal Code of Attica, Indiana, 1967, § 20-16)
Sec. 8-22 through Sec. 8-23 Reserved for Future Use.
ARTICLE 4. TRAFFIC CONTROL DEVICES.6
6Indiana Code, § 9-21-3-1 , et seq., address traffic control signals.
Sec. 8-24 Authority to Install Traffic-Control Devices.
The city and traffic engineer shall place and maintain traffic-control signs, signals and devices when and as required under the traffic ordinances of this City to make effective the provisions of said ordinances, and may place and maintain such additional traffic-control devices as he or she may deem necessary to regulate traffic under the traffic ordinances of this City or under state law or to guide or warn traffic. (Municipal Code of Attica, Indiana, 1967, § 20-17)
Sec. 8-25 Manual and Specifications for Traffic-Control Devices.
a. All traffic-control signs, signals and devices shall conform to the manual and specifications approved by the State Highway Department, or resolution adopted by the legislative body of this City.
b. All signs and signals required hereunder for the particular purpose, shall so far as practicable, be uniform as to type and location throughout the City.
c. All traffic-control devices so erected and not inconsistent with the provisions of state law, or this Article, shall be official traffic-control devices. (Municipal Code of Attica, Indiana, 1967, § 20-18)
Sec. 8-26 Obedience to Official Traffic-Control Devices.
The driver of any vehicle shall obey the instructions of any official traffic-control device, applicable thereto, placed in accordance with the traffic ordinances of this City, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Article. (Municipal Code of Attica, Indiana, 1967, § 20-19)
Sec. 8-27 When Traffic Devices Required for Enforcement Purposes.
a. No provision of this Article 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.
b. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. (Municipal Code of Attica, Indiana, 1967, § 20-20)
Sec. 8-28 Traffic-Control Signal Legend.
Whenever traffic is controlled by traffic-control signals exhibiting the words "GO", "CAUTION" or "STOP", or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
a. Green alone or "GO".
1. Vehicular traffic facing the signal may proceed straight through, or turn right or left, unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
2. Pedestrians facing such signals may proceed across the roadway within any marked or unmarked crosswalk.
b. Yellow alone or "CAUTION" when shown following the green "GO" signal.
1. Vehicular traffic facing the signal is thereby warned that the red or "STOP" signal will be exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the intersection when the red or "STOP" signal is exhibited.
2. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway and any pedestrian then starting to cross shall yield the right-of-way.
c. Red alone or "STOP".
1. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection, or, if none, then before entering the intersection and shall remain standing until the green or "GO" signal is shown alone.
2. No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
d. In the event an official traffic-control signal is erected and maintained at a place other than at intersection, the provisions of this section shall be applicable except as to those provided which by their nature, can have no application.
Any stop required shall be made, but in absence of any sign or marking, the stop shall be made at the signal. (Municipal Code of Attica, Indiana, 1967, § 20-21)
Sec. 8-29 Pedestrian-Control Signals.7
7Indiana Code, § 9-21-17, et seq., addresses pedestrians.
Whenever special pedestrian-control signals exhibiting the words "WALK" OR "WAIT" or "DON'T WALK" are in place, such signals shall indicate as follows:
a. WALK: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
b. WAIT or 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 or her crossing on the walk signal shall proceed to a sidewalk or safety zone while the WAIT signal is showing. (Municipal Code of Attica, Indiana, 1967, § 20-22)
Sec. 8-30 Flashing Signals.
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
1. FLASHING RED (STOP SIGNAL): When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
2. FLASHING YELLOW (CAUTION SIGNAL): When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. (Municipal Code of Attica, Indiana, 1967, § 20-23)
Sec. 8-31 Display of Unauthorized Signs, Signals or Markings.
a. No person shall place, maintain or display upon or in view of any highway, any unauthorized sign, signal or marking or device which purports to be or is an imitation of or resembles an official traffic-control device, 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 sign or signal.
b. No person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising.
c. This section shall not be deemed to prohibit the erection upon private property, adjacent to highways, of signs giving useful directional information and of a type that cannot be mistaken for an official sign.
d. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. (Municipal Code of Attica, Indiana, 1967, § 20-24)
Sec. 8-32 Interference with Official Traffic-Control Devices or Signs or Signals.
No person shall without lawful authority, attempt or in fact alter, deface, injure, knock down or remove any official traffic-control device, or any inscription, shield or insignia thereon or any other part thereof. (Municipal Code of Attica, Indiana, 1967, § 20-25)
Sec. 8-33 Authority to Establish Play Streets.
The Traffic Engineer shall have the 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. (Municipal Code of Attica, Indiana, 1967, § 20-26)
Sec. 8-34 Play Streets.
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 said driver shall exercise the greatest care in driving upon any such street or portion thereof (Municipal Code of Attica, Indiana, 1967, § 20-27)
Sec. 8-35 City Traffic Engineer to Designate Crosswalks and Establish Safety Zones.
The City Traffic Engineer is authorized:
1. To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his or her opinion there is a particular danger to pedestrians crossing the roadway, and at such other places as he or she may deem necessary.
2. To establish safety zones of such kind and character and at such places as he or she may deem necessary for the protection of pedestrians. (Municipal Code of Attica, Indiana, 1967, § 20-28)
Sec. 8-36 Traffic Lanes.
a. The City Traffic Engineer is authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.
b. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to 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. (Municipal Code of Attica, Indiana, 1967, § 20-29)
Sec. 8-37 through Sec. 8-39 Reserved for Future Use.
ARTICLE 5. TURNING MOVEMENTS.
Sec. 8-40 Required Position and Method of Turning at Intersections.
The driver of a vehicle intending to turn at an intersection shall do as follows:
a. RIGHT TURNS: Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.
b. LEFT TURNS ON TWO-WAY ROADWAYS: At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn 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, 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. Whenever practical, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
c. LEFT TURNS ON OTHER THAN TWO-WAY ROADWAYS: At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left as any such intersection, shall approach the intersection in the extreme left- hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, as nearly as practical, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (Municipal Code of Attica, Indiana, 1967, § 20-32)
Sec. 8-41 Authority to Place and Obedience to Turning Markers.
a. The City Traffic Engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
b. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles, no driver of a vehicle shall disobey the directions of such indications. (Municipal Code of Attica, Indiana, 1967, § 20-33)
Sec. 8-42 Authority to Place Restricted Turn Signs.
The Traffic Engineer is authorized to determine those intersections at which drivers of vehicles shall not make a right , left, or U turn and shall place 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. (Municipal Code of Attica, Indiana, 1967, § 20-34)
Sec. 8-43 Obedience to No-Turn Signs.
Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Municipal Code of Attica, Indiana, 1967, § 20-35)
Sec. 8-44 Limitations on Turning Around.
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. (Municipal Code of Attica, Indiana, 1967, § 20-36)
Sec. 8-45 through Sec. 8-47 Reserved for Future Use.
ARTICLE 6. ONE-WAY STREETS AND ALLEYS.8
8Indiana Code, § 9-21-4-14, addresses one-way designations.
Sec. 8-48 Authority to Sign One-Way Streets and Alleys.
Whenever any ordinance in this city designates any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulation 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. (Municipal Code of Attica, Indiana, 1967, § 20-37)
Sec. 8-49 One-Way Streets and Alleys.
Upon those streets and parts of streets and in those alleys described hereafter as one-way streets and alleys, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. (Municipal Code of Attica, Indiana, 1967, § 20-38)
Sec. 8-50 Authority to Restrict Direction of Movement on Streets During Certain Periods.
a. The City Traffic Engineer 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 City Traffic Engineer 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. It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section. (Municipal Code of Attica, Indiana, 1967, § 20-39)
Sec. 8-51 through Sec. 8-53 Reserved for Future Use.
ARTICLE 7. SPEED REGULATIONS.9
9Indiana Code, § 9-21-5, et seq., addresses speed limits.
Sec. 8-54 Increasing Speed Limits in Certain Zones.
It is determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon those streets or portions thereof described in the speed schedule is less than is necessary for safe operation of vehicles thereon, by reason of the designation and signposting of said streets as through highways, or by reason of widely spaced intersections and it is declared that the prima facie speed limit upon those streets or portions thereof described in the speed schedule shall be as therein stated, which speeds so declared shall be effective at the time specified within when signs are erected giving notice thereof. (Municipal Code of Attica, Indiana, 1967, § 20-30)
Sec. 8-55 Decreasing Speed Limits in Certain Zones.
It is determined upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets or portions thereof described in the speed schedule is greater than is necessary for safe operation of vehicles thereon, by reason of the designation and signposting of said streets as hazard highways, or by reason of narrowly spaced intersections and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the speed schedule shall be as therein stated, which speeds so declared shall be effective at the time specified within when signs are erected giving notice thereof. (Ord. No. 845-70, ____-____-70)
Sec. 8-56 Regulation of Speed by Traffic Signals.
The City Traffic Engineer is authorized to regulate the timing of traffic signals 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. (Municipal Code of Attica, Indiana, 1967, § 20-31)
Sec. 8-57 through Sec. 8-59 Reserved for Future Use.
ARTICLE 8. SPECIAL STOPS REQUIRED.10
10Indiana Code, § 9-21-8-32, addresses stop signs at intersections.
Sec. 8-60 Through Streets Designated.
Those streets and parts of streets as here and after set out, are declared to be through streets for the purpose of this section. (Municipal Code of Attica, Indiana, 1967, § 20-40)
Sec. 8-61 Authority to Erect Stop Signs.
Whenever any ordinance of the city designates and describes a through street, it shall be the duty of the City Traffic Engineer to place and maintain a stop sign on each and every street intersecting such through street, or intersection that portion thereof described and designated as such by an ordinance of this city, unless traffic at any such intersection is controlled at all times by traffic-control signals, provided however, that at the intersection of two such through streets or at the intersection of a through street and a heavy traffic street, not so designated, stop signs shall be erected at the approaches of either or both of said streets as may be determined by the City Traffic Engineer, upon the basis of an engineering and traffic study. (Municipal Code of Attica, Indiana, 1967, § 20-41)
Sec. 8-62 Intersections Where Stop or Yield is Required.11
11Indiana Code, § 9-21-8-33, addresses yield signs.
The City Traffic Engineer is authorized to determine and designate intersections where particular hazards exist upon other than through streets, and may designate any such intersection as a stop intersection or a yield intersection, and erect stop signs or yield signs at one or more entrances to such intersections. (Municipal Code of Attica, Indiana, 1967, § 20-42)
Sec. 8-63 Stop Signs or Yield Signs.
a. Every stop sign erected pursuant to this Article shall bear the words "STOP" in letters not less than eight (8) inches in height, and every yield sign shall bear the word "YIELD" in letters not less than seven (7) inches in height. Every stop sign and every yield sign shall be located as near as practical at the nearest line of the crosswalk on the near side of the intersection or, if none, at the nearest line of the roadway.
b. In residence and business districts, and at any place where parked vehicles may frequently obscure the "STOP" or "YIELD" signs, the signs shall be mounted so that their lower edge will be seven (7) feet above the top of the curb. The left edge of the sign shall be not less than one (1) foot nor more than three (3) feet back from the face of the curb. Where there is a marked crosswalk on the pavement, the sign shall be erected four (4) feet in advance of the crosswalk line, nearest to approaching traffic. (Municipal Code of Attica, Indiana, 1967, § 20- 43)
Sec. 8-64 Vehicles to Stop at "STOP" Signs.
a. When stop signs are erected, as herein authorized, at or near the entrance to any intersection, every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk or stop line, then they shall stop at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic-control signal.
b. After the driver of a vehicle has stopped at the entrance to a through highway, such driver shall yield the right of way to other vehicles which have entered the intersection from said through highway, or which are approaching so closely on said through highway as to constitute an immediate hazard, but said driver having so yielded, may proceed and the driver of all other vehicles approaching the intersection on said through highway shall yield the right of way to the vehicle so proceeding into or across the through highway.
c. After the driver of a vehicle has stopped in obedience to a stop sign at an intersection where a stop sign is erected at one or more entrances thereto, although not a part of a through highway, such driver shall proceed cautiously, yielding to vehicles approaching so closely as to constitute an immediate hazard, but may then proceed. (Municipal Code of Attica, Indiana, 1967, § 20-44)
Sec. 8-65 Vehicle Entering Yield Intersections.
a. The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions, or shall stop if necessary, and shall yield the right of way to any vehicle in the intersection, or approaching on another highway so closely as to constitute an immediate hazard.
b. Said driver having so yielded and having stopped in order to so yield, may then proceed, and the drivers of all other vehicles approaching the intersection on intersecting roadways shall yield to the vehicle so proceeding.
c. A driver who enters a yield intersection without stopping and who has or causes a collision with a vehicle which entered the intersection from an intersecting roadway shall prima facie be considered not to have yielded as required herein.
d. The foregoing shall not relieve the drivers of other vehicles approaching the intersection at such distance as not to constitute an immediate hazard from the duty to drive with due care to avoid a collision.
e. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection, or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (Municipal Code of Attica, Indiana, 1967, § 20-45)
Sec. 8-66 Emerging from Alley, Driveway or Building.
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 onto the sidewalk area extending across any alleyway, sounding his horn, yielding the right of way to any pedestrians as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway. (Municipal Code of Attica, Indiana, 1967, § 20-46)
Sec. 8-67 Stop When Traffic Obstructed.
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 indication to proceed. (Municipal Code of Attica, Indiana, 1967, § 20-47)
Sec. 8-68 through Sec. 8-69 Reserved for Future Use.
ARTICLE 9. MISCELLANEOUS DRIVING RULES.
Sec. 8-70 Following Fire Apparatus Prohibited.
The driver of any vehicle other than one on official business, shall not follow any fire apparatus traveling in response to a fire alarm, closer than five hundred (500) feet or drive into or park such vehicle within a block where fire apparatus has stopped in answer to a fire alarm. (Municipal Code of Attica, Indiana, 1967, § 20-48)
Sec. 8-71 Crossing Fire Hose.
No vehicle shall be driven over any unprotected hose of a 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. (Municipal Code of Attica, Indiana, 1967, § 20-49)
Sec. 8-72 Load Limits on Streets.
It shall be unlawful for any person to use, run, drive or haul within the corporate limits of the City any automobile, motor driven or otherwise, the gross weight of which including full load, exceeds ten thousand (10,000) pounds. (Municipal Code of Attica, Indiana, 1967, § 20-50)
Sec. 8-73 State and Federal Highways Excepted.
Sec. 8-72 shall not apply to any street or road in the city limits which is maintained by either the State or Federal Highway Commission. (Municipal Code of Attica, Indiana, 1967, § 20- 51)
Sec. 8-74 Unattended Motor Vehicle.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, or when standing upon any perceptible grade, without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. (Municipal Code of Attica, Indiana, 1967, § 20-52)
Sec. 8-75 Obstruction to Driver's View or Driving Mechanism.
No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons exceeding three (3) as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (Municipal Code of Attica, Indiana, 1967, § 20-53)
Sec. 8-76 Passenger Not to Obstruct.
No passenger in a vehicle or street car shall ride in such position as to interfere with the driver's or motorman's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. (Municipal Code of Attica, Indiana, 1967, § 20-54)
Sec. 8-77 Putting Glass on Highway Prohibited.
a. No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.
b. Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
c. Any person removing a wrecked or damaged vehicle from a highway shall immediately remove any glass or other injurious substance dropped upon the highway from such vehicle. (Municipal Code of Attica, Indiana, 1967, § 20-55)
Sec. 8-78 Driving Through Funeral or Other Processions Prohibited.12
12Indiana Code, § 9-21-13-2, prohibits driving through a funeral procession.
a. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion, and when such vehicles are conspicuously designated as required in this Chapter.
b. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers. (Municipal Code of Attica, Indiana, 1967, § 20-56)
Sec. 8-79 Duties of Drivers in a Funeral Procession.
Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe. (Municipal Code of Attica, Indiana, 1967, § 20-57)
Sec. 8-80 Funeral Procession to be Identified.13
13Indiana Code, § 9-21-13-5, addresses pennants, flags and stickers for use in a funeral procession.
A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle by a pennant or other identifying insignia, or by such other method as may be determined and designated by the Traffic Division. (Municipal Code of Attica, Indiana, 1967, § 20-58)
Sec. 8-81 Permits Required for Parades and Processions.14
14Indiana Code, § 9-21-14, et seq., addresses marching bands.
a. No procession or parade shall occupy, march or proceed along any street or public way without a permit issued by the Chief of Police.
b. All processions or parades must be carried out in accordance with the conditions set out by the Chief of Police. (Municipal Code of Attica, Indiana, 1967, § 20-59)
Sec. 8-82 Vehicles Shall Not be Driven on a Sidewalk.
The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. (Municipal Code of Attica, Indiana, 1967, § 20-60)
Sec. 8-83 Limitations on Backing.
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. (Municipal Code of Attica, Indiana, 1967, § 20-61)
Sec. 8-84 Riding on Motorcycles.15
15Indiana Code, § 9-21-10, et seq., addresses motorcycle regulations.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designated to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear side of the operator. (Municipal Code of Attica, Indiana, 1967, § 20-62)
Sec. 8-85 Attaching to Vehicles.
No person riding upon any bicycle, coaster, roller skates, skateboards, roller blades. sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. (Municipal Code of Attica, Indiana, 1967, § 20-63)
Sec. 8-86 through 8-89 Reserved for Future Use.
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.16
16Indiana Code, § 9-21-17, et seq., addresses pedestrian regulations.
Sec. 8-90 Pedestrians Subject to Traffic-Control Signals.
Pedestrians shall be subject to traffic-control signals, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this Article. (Municipal Code of Attica, Indiana, 1967, § 20-64)
Sec. 8-91 Pedestrians Right of Way in Crosswalk.
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, 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, but 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.
b. A pedestrian's right of way is a crosswalk as modified under the condition and as stated in Sec. 8-94b.
c. 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. (Municipal Code of Attica, Indiana, 1967, § 20-65)
Sec. 8-92 Pedestrians to Use Right Half of Crosswalk.
Pedestrians shall move, whenever practical, upon the right half of crosswalks. (Municipal Code of Attica, Indiana, 1967, § 20-66)
Sec. 8-93 Crossing at Right Angles.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb, or by the shortest route to the opposite curb, except in a crosswalk. (Municipal Code of Attica, Indiana, 1967, § 20-67)
Sec. 8-94 When Pedestrian Shall Yield.
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 under this Section have no application to the conditions stated in Sec. 8-103 when pedestrians are prohibited from crossing at certain designated places. (Municipal Code of Attica, Indiana, 1967, § 20-68)
Sec. 8-95 Prohibited Crossing.
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 the central traffic district or in any business district. (Municipal Code of Attica, Indiana, 1967, § 20-69)
Sec. 8-96 Pedestrians Walking Along Roadways.
a. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent highway.
b. Where sidewalks or marked walkways are not provided, any pedestrian walking along and upon a highway shall, when practical, walk only on the left side of the roadway or its shoulder, facing traffic which may approach from the opposite direction. (Municipal Code of Attica, Indiana, 1967, § 20-70)
Sec. 8-97 Pedestrians Soliciting Rides or Business.
a. No person shall stand on a street or highway for the purpose of soliciting a ride, employment or business from the occupant of a vehicle.
b. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of a vehicle while parked or about to be parked on a street or roadway. (Municipal Code of Attica, Indiana, 1967, § 20-71)
Sec. 8-98 Drivers to Exercise Due Care.
Notwithstanding the foregoing provisions of this Article, 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 shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (Municipal Code of Attica, Indiana, 1967, § 20-72)
Sec. 8-99 through Sec. 8-101 Reserved for Future Use.
ARTICLE 11. METHOD OF PARKING.17
17Indiana Code, § 9-21-16, et seq., addresses parking regulations.
Sec. 8-102 Standing or Parking Close to Curb.
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 twelve (12) inches of the curb or edge of the roadway, except as otherwise provided in this Article. (Municipal Code of Attica, Indiana, 1967, § 20-73)
Sec. 8-103 Signs or Markings Indicating Angle Parking.18
18Indiana Code, § 9-21-16-8, addresses signs restricting parking.
a. The Chief of Police 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 this city, unless the state highway department 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.
b. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street. (Municipal Code of Attica, Indiana, 1967, § 20-74)
Sec. 8-104 Obedience to Angle Parking Signs or Markings.
a. Upon those streets which have been signed or marked by the Chief of Police or his or her authorized designee, for angle parking, no person shall park or stand a vehicle either or 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. (Municipal Code of Attica, Indiana, 1967, § 20-75)
Sec. 8-105 Permit for Loading or Unloading at an Angle to the Curb.
a. The Chief of Police is authorized to use 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. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. (Municipal Code of Attica, Indiana, 1967, § 20-76)
Sec. 8-106 Lights on Parked Vehicles.
a. Whenever a vehicle is lawfully parked at night time upon any street within a business or residence district, no lights need be displayed upon such parked vehicle.
b. Whenever a vehicle is parked upon a street or highway outside of a business or residence district during the hours between one-half hour after sunset and one-half hour before sunrise, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side, visible from a distance of five hundred (500) feet to the front of the vehicle, and a red light on the roadway side, visible from a distance of five hundred (500) feet to the rear.
c. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. (Municipal Code of Attica, Indiana, 1967, § 20-77)
Sec. 8-107 Stopping, Standing or Parking Restrictions Where No Signs Required. 19
19Indiana Code, § 9-21-16-5, addresses stopping, standing, and parking regulations.
No vehicle shall be allowed to stop, stand, or park except:
a. When necessary to avoid conflict with other traffic or
b. In compliance with law are the direction of a police officer or traffic-control device; in any of the following places:
1. On a sidewalk or between the sidewalk and curb.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within fifteen feet (15') of a fire hydrant.
5. On a crosswalk.
6. Within twenty feet (20') of a crosswalk at an intersection.
7. Within thirty feet (30') upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of the roadway.
8. Between the safety zone and the adjacent curb, or immediately opposite the ends of a safety zone, unless the Chief of Police has indicated a different length by signs or markings.
9. Within fifty feet (50') of the nearest rail of a railroad crossing.
10. Within twenty feet (20') 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 feet (75') of said entrance (when properly signposted).
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 highway or within a highway tunnel.
14. At any place where official signs prohibit stopping.
15. On the traveled portion of any roadway, which does not have a curb or gutter, when such stopping, standing or parking would obstruct traffic.
16. At any place where official, yellow painted curbing prohibits stopping or parking.
17. At any designated handicap parking space except by those vehicles registered with the State of Indiana and marked as a handicap vehicle.
No vehicle shall be parked upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway for free movement of vehicular traffic. (Ord. No. 6, 1991, § 1, I, II, 6-3-91; Bk. 27, pp. 206-208)
Sec. 8-108 Parking in Alleys.
No vehicle shall be parked within any alley in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway for free movement of vehicular traffic, and no vehicle shall stop, stand or park within an alley in such position as to block the driveway entrance to any abutting property. (Ord. No. 6, 1991, § 1, III, 6-3-91; Bk. 27, pp. 206-208)
Sec. 8-109 All Night Parking Prohibited.
No vehicle shall be parked on any street in the central 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 medical personnel on emergency calls and the Chief of Police, is authorized to prohibit parking on either or both sides of any street in the City, between the hours and on days of the week specified by him or her, and to erect signs so indicating. (Ord. No. 6, 1991, § 1, IV, 6-3- 91; Bk. 27, pp. 206-208)
Sec. 8-110 Parking For Certain Purposes Prohibited.
No vehicle shall be parked upon any street or highway for the purpose of:
a. Displaying such vehicle for sale.
b. Washing, greasing or repairing such vehicle, except repairs when necessitated by emergency. (Ord. No. 6, 1991, § 1, V, 6-3-91; Bk. 27, pp. 206-208)
Sec. 8-111 Parking Adjacent to Schools.
a. The Chief of Police or his or her authorized designee, is authorized to erect signs or yellow painted curbs indicating no parking up either or both sides of any street adjacent to any school property when such parking would, in his or her opinion, interfere with traffic or create a hazardous situation.
b. When official signs or yellow painted curbs are erected indicating no parking upon either side of a street adjacent to any school property, as authorized herein, no vehicle shall be parked in any such designated place. (Ord. No. 6, 1991, § 1, VI, 6-3-91; Bk. 27, pp. 206-208)
Sec. 8-112 Parking Prohibited on Narrow Streets.
a. The Chief of Police or his or her authorized designee, is empowered to erect signs or yellow painted areas 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-three (33) feet.
b. When official signs or yellow painted areas prohibiting parking are erected upon narrow streets, as authorized herein, no vehicle shall be parked upon any such street in violation of any such sign. (Ord. No. 6, 1991, § 1, VII, 6-3-91; Bk. 27, pp. 206-208)
Sec. 8-113 Standing or Parking on One-Way Streets Prohibited.
The Chief of Police or his or her authorized designee, is authorized to erect signs or provide for yellow painted areas 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 vehicle shall stand or park upon such side in violation of any such sign. (Ord. No. 6, 1991, § 1, VIII, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-114 Standing or Parking in One-Way Streets and Roadways Prohibited.
In the event a highway includes two (2) or more separate roadways, 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 Chief of Police or his or her authorized designee, is authorized to determine when standing or parking may be permitted upon the side of any one- way roadway and to erect signs or yellow painted areas giving notice thereof. (Ord. No. 6, 1991, § 1, IX, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-115 No Stopping, Standing or Parking Near Hazardous or Congested Places.
a. The Chief of Police or his or her authorized designee, is authorized to determine and designate by proper signs or yellow painted areas, places not exceeding one hundred fifty (150) feet in length, in which the stopping, standing or parking of vehicles would erect and create an especially hazardous condition, or would cause unusual delay to traffic.
b. When official signs or yellow painted areas are erected at hazardous or congested places, as authorized herein, no vehicle shall stop, stand or park in any such designated place. (Ord. No. 6, 1991, § 1, X, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-116 Curb Loading Zone Designations.20
20Editor's Note: Ord. No. 6, 1991, passed on June 3, 1991 repealed the three (3) areas which addressed public carrier stop and stand designations; stopping, standing and parking of busses and taxicabs; and restricted use of bus and taxicab stands.
The Chief of Police or his or her authorized designee, is authorized to determine the location of passenger and freight curb loading zones, and shall place and maintain appropriate signs indicating the same, and stating the hours during which the provisions of this section are applicable. (Ord. No. 6, 1991, § 1, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-117 Residential Restricted Handicapped Parking Spaces.
a. An individual may apply for a restricted, handicapped parking space reasonably contiguous to the individual's residence by making application with the Clerk-Treasurer of the City of Attica.
b. The application must contain a statement under oath that the individual:
1. Is temporarily or permanently disabled and requires use of a wheelchair, walker. braces, or crutches, or;
2. The individual is temporarily or permanently disabled due to a loss of use of one or both legs, or;
3. The individual is temporarily or permanently physically restricted due to pulmonary or cardiovascular disability, arthritic condition, or orthopedic or neurological impairment as confirmed by a licensed practitioner which confirmation shall be in writing and attached to the application, or;
4. The individual is totally or permanently blind or visually impaired as confirmed by an ophthalmologist or optometrist which confirmation shall be in writing and attached to the application.
c. Upon such application and investigation by the Traffic Engineer, such restricted handicapped parking space shall be designated by an appropriate sign and the individual shall be given a cardboard plaque to be placed in a vehicle. Only those vehicles with the appropriate cardboard plaque shall be allowed to park in the restricted handicapped parking space. (Ord. No. 6, 1994, § 1, 6-6-94; Bk. 28, pp. 78-79)
Sec. 8-118 Conditions of Issuance of Restricted Handicapped Parking Space Card or Plaque.
The restricted handicapped parking space and cardboard plaque shall be issued for so long as at least one of the conditions of Sec. 8-117, b (1 to 4) exist. ( Ord. No. 6, 1994, § 2, 6-6-94; Bk. 28, pp. 78-79)
Sec. 8-119 Violations of Restricted Handicapped Parking.
Violators of a restricted handicapped parking space shall be issued a ticket per Sec. 8-126. (Ord. No. 6, 1994, § 3, 6-6-94; Bk. 28, pp. 78-79)
Sec. 8-120 Application of Parking Restrictions.
The provisions of this Article 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, or as indicated by yellow painted areas, 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. (Ord. No. 6, 1991, § 1, XV, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-121 Regulations Not Exclusive.
The provisions of this Article, imposing a time limit on parking, shall not relieve any person from the duty to observe either and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. No. 6, 1991, § 1, XVI, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-122 Parking Prohibited At All Times on Certain Streets.21
21Editor's Note: Ord. No. 6, 1991 , passed on June 3, 1991, replaced the section addressing "parking prohibited during certain times on certain streets."
When signs erected or yellow painted areas are giving notice thereof, no vehicle shall be allowed to be parked upon any of the streets so marked or designated. (Ord. No. 6, 1991, § 1, XVII, 6-3-91, Bk. 27, pp. 206-209)
Sec. 8-123 Stopping, Standing or Parking Prohibited During Certain Hours on Certain Streets.
When appropriate signs are erected in each block giving notice thereof, no vehicle shall stop, stand or park between the hours specified, as set out hereafter, of any day except Sundays and public holiday, within the district or upon any of the streets as set out hereafter and made a part of this Chapter. (Ord. No. 6, 1991, § 1, XIX, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-124 Parking Time Limited on Certain Streets.
When appropriate signs are erected in each block giving notice hereof, no vehicle shall be parked for longer than the specified time within the district, or upon any of the streets as set out hereafter, and made a part of this Chapter. (Ord. No. 6, 1991, § 1, XX, 6-3-91; Bk. 27, pp. 206- 209)
Sec. 8-125 Parking Signs Required.
Whenever by this or any other Article of this City, any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the Chief of Police to erect appropriate signs or appropriate yellow painting giving notice thereof, and no such regulations shall be effective unless said signs are erected or yellow painted areas are used and in place at the time of any alleged offense. (Ord. No. 6, 1991, § 1, XXI, 6-3-91; Bk. 27, pp. 206-209)
Sec. 8-126 Penalties.22
22Editor's Note: Ord. No. 10, 1984, replaced Chapter 22 which had addressed parking meters (Bk. 26, pp. 95-96)
a. It shall be unlawful and a violation of the provisions of this Article for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be in violation of any provision of Sec. 8-116 of this Chapter.
b. Upon a violation of the provisions herein, it shall be the duty of the police officers of the City of Attica to attach to such vehicle a notice to the owner of operator thereof that such vehicle is in violation of the provisions of this Article and instruct such owner or operator to report at the Police Department of the City of Attica in regard to such violation; a copy of said notice which shall include the location of the violation, the state license number of the vehicle, the time during which such vehicle was found in violation of the provisions of this Article and any other fact or knowledge which may be necessary for a thorough understanding of the circumstances attending such violation to be filed with the Police Department of the City of Attica. (Ord. No. 6, 1991, § 1, XXII, A, B, 6-3-91; Bk. 27, pp. 206-209)
c. Any person who violates any of the provisions of this Chapter shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.
d. The failure of such owner or operator to make such payment within said seventy-two (72) hour period shall render such owner or operator subject to the penalties herein provided for the violation of the provisions of this Article. (Ord. No. 12, 1991, § 2, 9-16-91; Bk. 27, p. 236)
e. Any person who violates any provisions of this Article shall, upon conviction thereof, be subject to a fine in an amount not exceeding fifty dollars ($50.00) for each violation. (Ord. No. 6, 1991, § 1, XX[I, E, 6-3-91; Bk. 27, p. 236)
Sec. 8-127 through Sec. 8-129 Reserved for Future Use.
ARTICLE 12. SIZE AND WEIGHT REGULATIONS.23
23Indiana Code, § 9-20-1, et seq., sets forth size and weight regulations.
Sec. 8-130 Load Restrictions Upon Vehicles Using Certain Streets.24
24Indiana Code, § 9-20-1-3, et seq., authorizes local authorities to impose limitations as to weight, size and use of vehicles.
When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts set out hereafter, at any time upon any of the streets or parts of streets set out hereafter. (Municipal Code of Attica, Indiana, 1967, § 20-99)
Sec. 8-131 Commercial Vehicles Required to Use Certain Streets.
a. Commercial vehicles exceeding five thousand (5,000) pounds gross weight, shall be restricted at all times to those streets, or parts of streets, set out hereafter.
b. However, such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise.
c. Such delivery or pick-up may only be by entering such street at the intersection nearest the destination of the vehicle, and proceeding thereon no farther than the nearest intersection thereafter.
d. This restriction does not apply to local public passenger bus operations. (Municipal Code of Attica, Indiana, 1967, § 20-100)
Sec. 8-132 Reserved for Future Use.
Sec. 8-133 Restrictions Upon Use of Streets by Certain Vehicles.
a. The Chief of Police or his or her authorized designee, 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 non-motorized traffic, and shall erect appropriate signs giving notice thereof.
b. When signs are so erected giving notice thereof, no person shall disobey the restrictions stated
on such signs.
(Municipal Code of Attica, Indiana, 1967, § 20-102)
Sec. 8-134 Obstructions Prohibited.
a. On property at any corner formed by intersecting streets, it shall be unlawful to install, set out or maintain or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view, higher than three (3) feet six (6) 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 of the property lines twenty-five (25) feet from the point of their intersection or in the ease of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on said tangent twenty-five (25) feet from the point of their intersection.
b. The tangents referred to are those at the beginning and at the end of the curve at the corner. (Municipal Code of Attica, Indiana, 1967, § 20-103)
Sec. 8-135 Exception.
The foregoing provision shall not apply to permanent buildings, public utility poles, trees trimmed (to the trunk) to a line at least eight feet (8') above the level of the intersection; saplings, or 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 official warnings, signs or signals; to replace where the contour of the ground is such that there can be no cross-visibility at the intersection; or to signs mounted ten feet (10') or more above the ground and whose supports do not constitute an obstruction as defined in Sec. 8-134. (Municipal Code of Attica, Indiana, 1967, § 20-104)
Sec. 8-136 Enforcement.25
25Indiana Code, § 9-20-18-I, el seq., addresses penalties and enforcement.
a. The enforcement of this Article shall be under the direction of the Chief of Police. The Chief of Police or his or her authorized designee, shall investigate violations of this Article, give such notices as may be required to carry out this section and to perform such other duties in connection with the enforcement of this Article as may be required.
b. Remedies: Any obstruction maintained in violation of this Article 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 Chief of Police as he or she may so authorize, may enter upon the premises and remove or eliminate the obstruction, to declare what shall constitute a nuisance, to prevent the same, require its abatement, authorize the removal of the same by the proper officers, and provide for the punishment of the person or persons causing or suffering the same, and to assess the expenses of its removal against such person or persons, and to provide for collecting such expenses either by causing them to be placed on the tax duplicate or by suit. (Municipal Code of Attica, Indiana, 1967, § 20-105)
Sec. 8-137 Scope.
No obstruction to cross-visibility shall be deemed to be excepted from the application of this section because of its being in existence at the time of the adoption thereof, unless expressly exempted by the terms of this Article. (Municipal Code of Attica, Indiana, 1967, § 20-106)
Sec. 8-138 through Sec. 8-144 Reserved for Future Use.
ARTICLE 13. MOTOR VEHICLE REGULATIONS IN PUBLIC PARKS.
Sec. 8-145 Definitions.
The following words and phrases, when used in this Article, shall have the meanings normally associated to them and more clearly set out as below:
a. MOTORCYCLE - every motor vehicle having a saddle for the use of a rider and designed to travel on two, three or four wheels.
b. MOTORIZED BICYCLE - 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.
c. MOTOR VEHICLE - every vehicle, as herein defined, which is self-propelled.
d. OPERATOR - every person who operates or drives, or is in actual physical control of a motor vehicle, motorized bicycle or motorcycle.
e. PUBLIC ROAD - the entire width between boundary lines of every public way, publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic. (Ord. No. 10, 1989, § § 1-2, 7-3-89; Bk. 27, p. 73)
f. VEHICLE - every device in, upon or by which any person or property is, or may be transported or drawn upon a public road, except devices motorized exclusively by human power. (Ord. No. 1, 1989, § 1, 6-5-89; Bk. 27, pp. 69-70)
Sec. 8-146 Vehicular Operation in Public Parks Restricted.
No person shall operate any motorcycle, motorized bicycle, motor vehicle or vehicle within the public parks in the City of Attica when such operation is off of the public roads within said park. (Ord. No. 1, 1989, § 2, 6-5-89; Bk. 27, pp. 69-70)
Sec. 8-147 Penalties.
a. The operator of any such motorcycle, motorized bicycle, motor vehicle or vehicle shall be guilty of a misdemeanor and shall, upon conviction in a Court of general jurisdiction, be fined in the amount not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00).
b. In addition, the Court may assess any damages caused by the operator to the grounds of the public parks. (Ord. No. 1, 1989, § 3, 6-5-89; Bk. 27, pp. 69-70)
Sec. 8-148 through Sec. 8-154 Reserved for Future Use.
Editor's Note: At this point in the Attica City Code, Ordinance #13, 1999 is attached. The results of that Ordinance are included in Section 8-155, following:
ARTICLE 14. SCHEDULES.26
26Editor's Note: The codifiers have assumed that the numerous ordinances passed prior to Ord. No. 11, 1996 were in effect replaced by the passage of Ord. No. 11, 1996.
DIVISION I. SCHEDULE ONE - PREFERENTIAL STREETS.
Sec. 8-155 Preferential Streets or Preferential Intersections Designated.
No person shall drive or operate any vehicle into, upon or across the boundary line of any of the following Preferential Streets or Preferential Intersections without first bringing the vehicle to a complete stop.
Avenue Six shall be preferential at the junctions of Ravine Park Blvd. and Avenue Four.
Bond Street shall be preferential at the junctions with Union, Brady and McDonald Streets.
Brady Street shall be preferential at the junctions with Maple, Cedar, Pine, Lithia, Pike, Monroe, Washington and Short Streets.
Canal Street shall be preferential at the junction of Monroe Street.
Canada Street shall be preferential at the junction of Park Avenue.
Council Street shall be preferential at the junctions with Cedar, Pine, Lithia, Bond, New, Pike, Monroe and Washington Streets.
Division Street shall be preferential at the junctions of Maple and Cedar Streets.
Ferry Street shall be preferential at the junctions of North Fifth and North Sixth Streets.
Fountain Street shall be preferential at Elm Street.
Ivy Lane shall be preferential at the junction of Holiday Drive.
Jackson Street shall be Preferential at the intersections at the junctions of Market, Union, Brady, McDonald, College, Canada Streets and Avenue One. East bound traffic on Jackson Street shall be given preference with the junction of Main Street. At the junction of Jackson Street and Avenue Two, at Jackson and Perry Streets, at Jackson and Council Streets, and at Jackson Street and Avenue Three, neither shall have preference.
Junction of Columbia and Sixth Streets, neither shall have preference, i.e., said intersection shall be considered a four-way stop. (Ord. No. 1, 1998, § 2e, 2-9-98)
Logan Street shall be Preferential at Fifth Street. (Ord. No. 1, 1998, § 2b, 2-9-98)
Main Street shall be preferential at the junctions of Union, North Third, North Fifth, North Sixth, Brady, Short, McDonald, Council, and Canada Streets; Avenues Two, Three, Four, Five, and Six; David Drive and Sherry Lane. West* bound traffic on Main Street shall give preference at the junction with Jackson Street. (* Ordinance #13, 1999, --/--/1999).
Market Street shall be preferential at the junction with Washington Street (except South bound traffic), Monroe, Pike, New, Bond, and Lithia Streets.
McDonald Street shall be preferential at the junction of Maple, Cedar, Pine, and Lithia Streets.
Mill Street shall be preferential at the junctions of Market, Union, Third, and Brady Streets.
Monroe Street shall be preferential at the junctions of Union and Market Streets.
Morningside Drive shall be preferential at Holiday Drive and Sleepy Lane.
Mulberry Street shall be preferential at West Street.
New Street shall be preferential at the junctions of Brady, McDonald and Union Street.
Park Avenue shall be preferential at the junctions of Indiana and Ohio Streets.
Perry Street shall be preferential at the junctions of Third, Mulberry, Hamilton, Vine, Logan, Columbia, Yount, Ferry, Washington, Monroe, Pike, New, Bond, Lithia, Pine, Cedar and Maple Streets and Suzanna Avenue. At the junctions of Perry and Main Streets, and at Perry and Sycamore Streets, neither shall have preference.
Pike Street shall be preferential at the junction of Union Street.
Pine Street shall be preferential at the junction of Mound Street.
Ravine Park Blvd. Shall be preferential at the junction of Avenue Two.
Sixth Street shall be preferential at the junctions of Columbia, Logan, Yount and Vine Streets.
Summit Street shall be preferential at the junctions of Sixth, Columbia, West, Canada, Foundry, Baxter, Hollovy, Ohio and Kentucky Streets.
Sycamore Street shall be preferential at the junctions of Brady, McDonald and Division Streets; Morningside Drive; Ivy and Rambler Lanes. At the junction of Sycamore and Perry Streets, neither shall have preference.
Taylor Street shall be preferential at the junction of Hollovy Street.
Third Street shall be preferential at the junction with Ferry Street. At the junction of Third and Logan Streets, neither shall have preference.
Union Street shall be preferential at Lithia Street.
Washington Street shall be Preferential at the junction of Sherry/Suzie Streets. (Ord. No. 1, 1998, § 2, 2-9-98)
Washington Street shall be preferential at the junctions of Oak, Market, Canal and Union Streets and Sherry Lane. At the junction of Washington and College Streets, neither shall have preference.
West Street shall be preferential at the junctions of Taylor and Derrick Streets.
Yount Street shall be preferential at the junction of Third Street.
(Ord. No. 11, 1996, § 1, 10-10-96)
Sec. 8-156 through Sec. 8-157 Reserved for Future Use.
DIVISION II. SCHEDULE 2; ONE-WAY STREETS.27
27Indiana Code, § 9-21-8-9, addresses one-way streets.
Sec. 8-158 One-Way Street and Alley Designations.
a. No person shall operate or drive any vehicle upon any one-way street in a direction opposite to the designated traffic movement. (Municipal Code of Attica, Indiana, 1967, Schedule II - Chapter 20)
b. The following designations are made:
1. The alley which lies west of lots numbered 49 and 50 and east of lot number 60, all in the resurvey of the original plat of the town, now City of Attica, Fountain County, Indiana, shall be and is hereby designated as a one-way alley carrying only northbound traffic. (Ord. No. 18, 1988, § 1, 8-1-88; Bk. 27, p. 8)28
28Editor's Note: Ord. No. 18, 1988 appears to have replaced Ord. No. 13, 1988 which was passed on July 6, 1988 and establish the alley described therein as "southbound," where Ord. No. 18, 1988 established it as "northbound."
2. Kenneth Freed Park Drive from Park Avenue to Kenneth Freed Park Way in Ravine Park shall be and is hereby designated a one-way street carrying only southbound traffic. (Ord. No. 16, 1997, § 1, 12-8-97)
3. Mill Street from the junction of Mill Street and Main Street to the junction of Mill Street and Perry Street shall be and is hereby designated as a one-way street carrying only west bound traffic. (Municipal Code of Attica, Indiana, 1967, Chapter 20, Schedule II)
4. No person shall operate or drive any vehicle in a southerly direction and against the designated traffic movement upon that portion of the alley located between 402 and 404 East Washington Street, Attica, Indiana. (Ord. No. 15, 1997, § 1, 11-10-97)
5. Vehicular traffic heading South or Southerly on the West portion of Union Street between Lithia Street and Pike Street shall be designated one way and no persons shall operate or drive any vehicle in a Northerly direction on the West portion of Union Street.
Vehicular traffic heading North or Northerly on the East portion of Union Street between Lithia Street and Pike Street shall be designated one way and no persons shall operate or drive any vehicle in a Southerly direction on the East portion of Union Street. (Ordinance #11, 1999, § 1, 10-11-1999)
6. Reserved for Future Use.
7. Reserved for Future Use.
8. Reserved for Future Use.
9. Reserved for Future Use.
10. Reserved for Future Use.
Sec. 8-159 Reserved for Future Use.
Editor's Note: At this point in the Attica City Code, Ordinance #11, 1999 is attached. The results of that Ordinance are included in Section 8-158(b)(5), above.
DIVISION III. SCHEDULE THREE - U-TURNS.
Sec. 8-160 U-Turns Prohibited at Designated Locations.29
29Indiana Code, § 9-21-8-19, addresses U-Turns.
It shall be unlawful for any person at any time to make or execute a U-turn at the following street intersections:
Sec. 8-161 Reserved for Future Use.
DIVISION IV. SCHEDULE FOUR - YIELD RIGHT OF WAY.30
30Indiana Code, § 9-21-8-33, addresses yield signs.
Sec. 8-162 Designated Yield Streets or Intersections.
No person shall drive or operate any vehicle into, upon or across the boundary line of any of the following Preferential Streets or Intersections without yielding the right-of-way to all oncoming traffic.
Avenue Four shall be preferential at the junction of Jackson Street.
Cedar Street shall be preferential at the junction of Maple Street.
Columbia Street shall be preferential at the junctions of North Fifth and Union Streets.
Logan Street shall be preferential at the junction of Union Street.
Main Street shall be preferential at the junctions of Union and Third Streets.
McDonald Street shall be preferential at the junctions of Monroe and Washington Streets.
North Street shall be preferential at the junctions of West and Hollovy Streets.
Park Avenue shall be preferential at the junction of Kenneth Freed Drive.
Ravine Park Boulevard shall be preferential at the junction of Kenneth Freed Drive.
Ruby Road shall be preferential at the junction of Foster Drive.
Sherry Lane shall be preferential at the junction of Suzie Lane.
Union Street shall be preferential at the junctions of New, Pike, and Monroe Streets.
Vine Street shall be preferential at the junction of Fifth Street.
Washington Street shall be preferential at the junction of Suzie Lane.
Yount Street shall be preferential at the junction of Union Street.
(Ord. No. 11, 1996, § 2, 10-10-96)
Sec. 8-163 Reserved for Future Use.
DIVISION V. SCHEDULE FIVE - SPEED REGULATIONS.31
31Indiana Code, § 9-21-5- I , et seq., and Indiana Code, § 9-21-1-3, address speed limit regulations.
Sec. 8-164 Maximum Speed Limits Established Within Alleys, Parks, and on Public Streets.
No person shall drive or operate a vehicle on a city street or pardons thereof at a speed greater than
designated in the following schedule or at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards that exist.
(Municipal Code of Attica, Indiana, 1967, Chapter 20, Schedule V)
a. Fifteen (15) Miles per Hour
b. Twenty (20) Miles per Hour
c. Twenty-five (25) Miles Per Hour
d. Thirty (30) Miles Per Hour
e. Other Speed Limits
Sec. 8-165 Reserved for Future Use.
DIVISION VI. SCHEDULE SIX - PARKING REGULATIONS.
Sec. 8-166 Parking Regulations for Semi-Trailers.
a. SEMI-TRAILER shall mean any wheeled unit, when attached to a powered vehicle, can be pulled over or upon any roadway.32 (Ord. No. 819-68, § 1, 7-8-68)
32Indiana Code, § 9-13-2-164 defines "semitrailer".
b. It shall be unlawful to park any semi-trailer upon any street within the City of Attica, Indiana, excepting that such parking shall be allowed for the purpose of loading or unloading cargo at its destination within the City of Attica, Indiana.
c. Any semi-trailer which has broken down while operating on the roadways within the City of Attica may be parked upon said street or roadway for a period not to exceed twenty-four (24) hours, providing notice of such breakdown is given the Police Department of said City immediately following such breakdown.
d. Any person or persons violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed one hundred dollars ($100.00).
e. Failure to move said semi-trailer from the streets of Attica, Indiana, within twenty-four (24) hours after receipt of notice of violation of this Ordinance shall be deemed a separate offense and the police may remove said semi-trailer from city streets and place said semi-trailer in storage at the expense of the operator of said semi-trailer. (Ord. No. 819-68, §§ 2-5, 7-8-68; Bk. 23, p. 2)
Sec. 8-167 No Parking Areas.
a. There shall be no parking on and along, on either side of U.S. Highway No. 41 from the east or easterly edge of the intersection of said U.S. Highway No. 41 and Union Street in said city, easterly for a distance of approximately five hundred thirty-seven feet (537') to the west or westerly edge of the intersection of said U.S. Highway No. 41 with Perry Street in said City. (Ord. No. 958-83, § 1, 2-28-83; Bk. 25, pp. 285-286)
b. Reserved for Future Use.
c. Reserved for Future Use.
d. Reserved for Future Use.
e. Reserved for Future Use.
f. Reserved for Future Use.
Sec. 8-168 Restricted Parking Before Time Restrictions, Type, For Snow, or Residents Only.
a. Two-Hour:
Parking on Perry Street between Jackson and Ferry Streets and parking on Mill Street
between Brady and Union Streets and parking on Main Street between Brady and Union
Streets shall be limited to two (2) consecutive hours on Monday through Saturday
between the hours of 8:00 A.M. and 5:00 P.M., excluding holidays.
(Ord. No. 11A, 1997, § 1, 7-14-97)
b. Two-Hour:
Parking on Mill Street between Perry and Union Streets shall be prohibited on the south side of
Mill Street; parking on the north side of Mill Street shall be limited to two (2) consecutive hours
Monday through Saturday from 8:00 A.M. to 9:00 P.M., excluding holidays.
(Ord. No. 1, 1997, § 1, 5-12-97)
c. Loading and Unloading:
Parking at 107 West Mill Street, an area of a Public Theatre, shall he limited solely to the
loading and unloading of passengers and no parking at said location shall be allowed.
(Ord. No. 11 A, 1997, § 2, 7-14-97)
d. Restricted Parking By Hours:
There shall be no parking on the eastside of College Street as same lies between Washington
and Jackson Streets between the hours of 7:30 A.M. And 4:00 P.M., inclusive, Monday through
Saturday, and there shall be no stopping, standing, or parking at said location except for the
limited purpose of discharging or picking up passengers.
(Ord. No. 3, 1996, § 1, 5-13-96)
e. Resident Parking Only:
There shall be no parking on the west side of College Street as same lies between Washington
and Jackson Street, except for parking by residents, and except that there shall be permitted
parking not to exceed two (2) consecutive hours on that portion of the west side of College
Street but lying south of the real estate that has a common mailing address of South College
Street and having a legal description as being the north one-half of lot 29 in McDonald, Spears
and Company's addition to the City of Attica, Indiana.
(Ord. No. 3, 1996, § 2, 5-13-96; Am. Ord. No. 2, 2001, 5-14-01)
f. Restricted Parking By Hours:
Parking on Mill Street between Perry and Union Streets shall be limited to two (2) consecutive
hours, Monday through Saturday, from 8:00 A.M. To 9:00 P.M., excluding holidays.
(Ord. No. 1, 1997, § 1, 5-12-97; Am. Ord. No. 2, 2001, 5-14-01)
g. Parallel Parking:
Parking on Perry Street in the 200 block south, the 100 block south, and the 100 block north,
and between Jackson Street and Ferry Street shall be restricted to parallel parking only on both
the east and west sides of Perry Street. Further, the first designated parking spaces on the east
and west side of Perry Street as Perry Street intersects with Main Street and as Perry Street
intersects with Mill Street shall be restricted to automobiles only and the parking of vans,
pick-up trucks, and semi-trucks shall be prohibited.
(Ord. No. 8, 1993, § 1, 7-19-93)
h. Parallel Parking:
Parking on east or easterly side of Ferry Street in the 100 block south and the 100 block north to
the parking lot entrance in said block is restricted to parallel parking only. Violation of this
provision shall be a misdemeanor subject to a fine of not less than ten dollars ($10.00) nor more
than one hundred dollars ($100.00).
(Ord. No. 1, 1984, §§ 12, 4-9-84; Bk. 26, p. 46)
i. Restricted Parking By Hours:
There shall be no parking on the west or westerly side of McDonald Street from the 800 block
through and inclusive of the 1200 block except for the loading and unloading of passengers, not
to exceed thirty (30) minutes.
(Ord. No. 947-82, § 1, 4-26-82; Bk. 25, pp. 234-235)
Sec. 8-169 Snow Declaration Parking Restrictions and Fines and Towing.
a. Upon a declaration by the Mayor of the City of Attica of a "snow declaration" or whenever four inches (4") or more of snow has fallen within a twenty-four (24) hour period, there shall be no parking from the hours of 8:00 A.M. through the hour of noon and until snow has been removed from each of the following city streets:
West Pike St. from Canal St to Union St.
S. Brady St. from Sycamore St. to Pine St.
McDonald St. from Sycamore St. to Jackson St.
College St. from Jackson St. to New St.
Suzie Lane to cul-de-sac
Ravine Park Boulevard from E. Main St. to Avenue Six
Avenue 3 from E. Main St. to Ravine Park Blvd.
Avenue 2 from E. Main St. to Ravine Park Blvd.
Avenue 1 from E. Main St. to Ravine Park Blvd.
E. Mill St. from Brady St. to Ferry St.
Vine St. from Sixth St. to Third St.
Fifth St. from E. Main St. to West St.
West St. from Perry St. to Summit St.
Baxter St. from North St. to Summit St.
Derrick St. from West St. to Dead end of Derrick
Hollovy St. from North St. to Summit St.
Taylor St. from West St. to Kentucky St.
Kentucky St. from Taylor St. to North St.
Foundry St. from Summit St. to Canada St.
Columbia St. from Summit St. to Union St.
Logan St. from Third St. to Vine St.
N. Third St. East and West Roads and North and South
Yount St. from Perry St. to Sixth St.
Water St. from Columbia St. to Yount St.
(Ord. No. 16, 1998, § 1, 12-14-98)
b. Failure to comply with the no parking requirement shall subject the owner and/or driver of the parked vehicle to a fine of not less than ten dollars ($10.00) or more than two thousand and five hundred dollars ($2,500.00). In addition, the vehicle parked may be towed at the owner's and/or driver's expense. (Ord. No. 16, 1998, § 2, 12-14-98)
DIVISION VII. SCHEDULE SEVEN - TRAFFIC CONGESTION.
Sec. 8-170 Downtown Business Area Regulations.
Between the hours of 8:00 A.M. And 6:00 A.M., local time, the unnecessary congregating, loitering and repetitious and nuisance driving is prohibited in the downtown business area, which area is described in the Zoning Ordinance of the City. (Ord. No. 836-69, § 1, 10-13-69; Bk. 23, p. 94)
Sec. 8-171 Exceptions.
Nothing in this Division shall prohibit person from trafficking or driving in this area for normal, proper or necessary business or from going to, or returning from any place of business, entertainment or proper visitation. (Ord. No. 836-69, § 2, 10-13-69; Bk. 23, p. 94)
Sec. 8-172 Violations and Penalties.
Any person or persons found violating this Ordinance shall, on conviction, be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). (Ord. No. 836-69, § 3, 10-13-69; Bk. 23, p. 94)
Sec. 8-173 through Sec. 8-179 Reserved for Future Use.