TRAFFIC AND PARKING REGULATIONS ARTICLE 1. … · AND MOTORIZED BICYCLES. Sec. 8-1 Definitions and Interpretation. (a) The following words, terms and phrases, when used in this article,

CHAPTER 8

TRAFFIC AND PARKING REGULATIONS ARTICLE 1. REGULATIONS ADDRESSING OFF-ROAD AND MOTORIZED BICYCLES. Sec. 8-1 Definitions and Interpretation. Sec. 8-2 Regulations for Snowmobiles and Off-Road Vehicles. Sec. 8-3 Violations. Sec. 8-4 Traffic Regulations for Motorized Bicycles. Sec. 8-5 Registration and Licensing. Sec. 8-6 Miscellaneous Rules and Regulations. Sec. 8-7 Through Sec. 8-9 Reserved for Future Use. ARTICLE 2. BICYCLE REGULATIONS. Sec. 8-10 Bicycle Usage Regulations. Sec. 8-11 Equipment Requirements. Sec. 8-12 Compliance with Traffic Code. Sec. 8-13 Bicycle Registration Requirements. Sec. 8-14 Bicycle Inspections. Sec. 8-15 Penalty. Sec. 8-16 Through Sec. 8-19 Reserved for Future Use. ARTICLE 3. TRAFFIC CODE OF THE TOWN OF DYER. Division I. In General. Sec. 8-20 Definitions. Division II. Enforcement and Obedience to Traffic Regulations. Sec. 8-21 Authority of Police Department and Fire Department Officials. Sec. 8-22 Obedience to Personnel. Sec. 8-23 Permits for Parades. Sec. 8-24 and Sec. 8-25 Reserved for Future Use. Division III. Pedestrian Obedience to Traffic Signals. Sec. 8-26 Pedestrians to Comply. Sec. 8-27 and Sec. 8-28 Reserved for Future Use. Division IV. Method of Parking. Sec. 8-29 Standing or Parking Close to Curb. Sec. 8-30 Angle Parking Prohibited. Sec. 8-31 and Sec. 8-32 Reserved for Future Use. 347

§ 8-33 TRAFFIC AND PARKING REGULATIONS § 8-67 Division V. Miscellaneous Driving Rules. Sec. 8-33 Funeral Processions. Sec. 8-34 Driving Through Funeral Procession. Sec. 8-35 Restrictions on Backing. Sec. 8-36 Vehicles Shall Not Be Driven on Sidewalks. Sec. 8-37 Boarding or Alighting from Vehicles. Sec. 8-38 Unlawful Riding. Sec. 8-39 and Sec. 8-40 Reserved for Future Use. Division VI. Traffic Control Devices. Sec. 8-41 Authority to Install Traffic Control Devices. Sec. 8-42 Manual and Specifications for Traffic Control. Sec. 8-43 Obedience to Official Traffic Control Devices Located Within the Town and Within

Construction Areas in the Town. Sec. 8-44 When Traffic Control Devices are Required for Enforcement Purposes. Sec. 8-45 Traffic Control Signal Legend. Sec. 8-46 Flashing Signals. Sec. 8-47 Display of Unauthorized Signs, Signals or Markings. Sec. 8-48 Interference with Official Traffic Control Devices or Railroad Signs or Signals. Sec. 8-49 and Sec. 8-50 Reserved for Future Use. Division VII. Stopping, Standing or Parking Restricted or Prohibited on Certain Streets. Sec. 8-51 Application of Division. Sec. 8-52 Regulation Not Exclusive. Sec. 8-53 Special Regulations for Street Work and Snow. Sec. 8-54 Illegally Parked or Abandoned Vehicles. Sec. 8-55 Parking on Private Property Prohibited. Sec. 8-56 Impounding of Vehicles of Repeated Offenders. Sec. 8-57 Towing and Storing Fees. Sec. 8-58 Storage of Vehicle. Sec. 8-59 Parking Prohibited at All Times on Certain Streets. Sec. 8-60 Parking Prohibited During Certain Hours on Certain Streets, Except Sunday and Legal

Holidays. Sec. 8-61 Parking Time Limited on Certain Streets - to 15 Minutes - 8:00 am to 6:00 pm. Sec. 8-62 Parking Limited on Certain Streets - Two Hours - 8:00 am to 6:00 pm. Sec. 8-63 and Sec. 8-64 Reserved for Future Use. Division VIII. Restricted Streets. Sec. 8-65 Deliveries on Restricted Streets by Trucks. Sec. 8-66 and Sec. 8-67 Reserved for Future Use. 348 2001 S-15

§ 8-68 TRAFFIC AND PARKING REGULATIONS § 8-103 Division IX. Standing or Parking Prohibited in Specific Places. Sec. 8-68 Stopping, Standing, or Parking Prohibited. No Signs Required. Sec. 8-69 Parking Not to Obstruct Traffic. Sec. 8-70 Parking in Alleys. Sec. 8-71 and Sec. 8-72 Reserved for Future Use. Division X. Freight and Passenger Loading Zones. Sec. 8-73 Freight and Passenger Loading Zones. Sec. 8-74 Permits for Freight Loading Zones. Sec. 8-75 Permanent Freight Loading Zones. Sec. 8-76 and Sec. 8-77 Reserved for Future Use. Division XI. Through Streets. Sec. 8-78 Through streets. Sec. 8-79 Stop Signs. Sec. 8-80 Four Way Stop Signs. Sec. 8-81 Stop When Traffic Obstructed. Sec. 8-82 and Sec. 8-83 Reserved for Future Use. Division XII. U-Turns. Sec. 8-84 U-Turns Prohibited. Sec. 8-85 Safety Belts. Sec. 8-86 Exceptions. Sec. 8-87 and Sec. 8-88 Reserved for Future Use. Division XIII. One Way Streets and Alleys. Sec. 8-89 Authority to Post Signs. Sec. 8-90 One Way Streets and Alleys. Sec. 8-91 and Sec. 8-92 Reserved for Future Use. Division XIV. Speed Regulations. Sec. 8-93 Speed Laws of State Statute Applicable-Exception. Sec. 8-94 Special Speed Zones. Sec. 8-95 and Sec. 8-96 Reserved for Future Use. Division XV. Penalties and Procedure on Arrest. Sec. 8-97 Procedure on Arrest. Sec. 8-98 Forms and Notices of Arrest or Appearance. Sec. 8-99 Failure to Obey Notice or Summons. Sec. 8-100 Notice of Illegally Parked Vehicles. Sec. 8-101 Presumption in Reference to Illegal Parking. Sec. 8-102 and Sec. 8-103 Reserved for Future Use. 349

§ 8-104 TRAFFIC AND PARKING REGULATIONS § 8-155 Division XVI. Fines and Forfeitures. Sec. 8-104 Disposition of Traffic Fines and Forfeitures. Sec. 8-105 Failure to Comply or Destroying Notice. Sec. 8-106 Moving Offenses. Sec. 8-107 Town Deferral Program. Sec. 8-108 Through Sec. 8-114 Reserved for Future Use. Division XVII. Traffic Surveys and Authority to Post Temporary Signs. Sec. 8-115 Surveys and Posting of Temporary Signs. Sec. 8-116 Copying of New Signs. Sec. 8-117 Chief of Police to Recommend Yearly Modification. Sec. 8-118 and Sec. 8-119 Reserved for Future Use. Division XVIII. Penalties, Severability, Short Title and Repeal. Sec. 8-120 Penalties. Sec. 8-121 Severability. Sec. 8-122 Short Title. Sec. 8-123 Repeal. Sec. 8-124 Through Sec. 8-129 Reserved for Future Use. Division XIX. Schedules. Sec. 8-130 Schedule 1 - Traffic Control Signals at Intersections. Sec. 8-131 Schedule 2 - Parking Prohibited After Snow is Two (2) inches Deep. Sec. 8-132 Schedule 3 - Parking Prohibited at All Times. Sec. 8-133 Schedule 4 - Parking Time Limited on Certain Streets Two Hours - 8:00 a.m. to 6:00 p.m. Sec. 8-134 Schedule 5 - Restricted Streets. Sec. 8-135 Schedule 6 - Through Streets. Sec. 8-136 Schedule 7 - Single Stop Streets. Sec. 8-137 Schedule 8 - Three Way Stop Streets. Sec. 8-138 Schedule 9 - Four Way Stop Streets. Sec. 8-139 Schedule 10 - 25 M.P.H. Speed Zones. Sec. 8-140 Schedule 11 - 35 M.P.H. Speed Zones. Sec. 8-141 Schedule 12 - One Way Streets. Sec. 8-142 Schedule 13 - Secondary arteries Sec. 8-143 Through Sec. 8-149 Reserved for Future Use. ARTICLE 4. OTHER VEHICLES AND ROAD REGULATIONS. Division I. Fire Lanes. Sec. 8-150 Fire Lanes - Definition and Marking. Sec. 8-151 Designated Fire Lanes - Size and Markings. Sec. 8-152 Penalties. Sec. 8-153 Parking Prohibited by Building Fire Lanes - Penalty. Sec. 8-154 and Sec. 8-155 Reserved for Future Use. 350 2008 S-26

§ 8-156 TRAFFIC AND PARKING REGULATIONS § 8-207 Division II. Towing and Storage of Vehicles. Sec. 8-156 Towing of Vehicles. Sec. 8-157 Towing Contractors and Garage Keepers. Sec. 8-158 Delivery of Vehicles Towed Due to a Public Safety Violation. Sec. 8-159 Disposition of Unclaimed Impounded Vehicles. Sec. 8-160 Fees and Charges. Sec. 8-161 Towing Fee Schedule. Sec. 8-162 Tow Release Services Fee. Sec. 8-163 Through Sec. 8-164 Reserved for Future Use. Division III. Parking for the Disabled. Sec. 8-165 Definitions. Sec. 8-166 Designation of Handicapped Parking Spaces. Sec. 8-167 Penalties. Sec. 8-168 Business Establishments to Provide Handicap Parking-Penalties. Sec. 8-169 Town Handicapped Parking Permits. Sec. 8-170 Through Sec. 8-173 Reserved for Future Use. Division IV. Weight Limits. Sec. 8-174 Weight Limits on Sheffield Avenue. Sec. 8-175 Penalty. Sec. 8-176 Ten (10) Ton Gross Weight Limit Streets. Sec. 8-177 Exceptions Require Permit. Sec. 8-178 Bond Requirements. Sec. 8-179 Damage to Streets. Sec. 8-180 Form of Temporary Permit Sec. 8-181 Display of Permit. Sec. 8-182 Penalty. Sec. 8-183 Weight Limit on Keilman Street. Sec. 8-184 Through Sec. 8-187 Reserved for Future Use. Division V. Miscellaneous Regulations. Sec. 8-188 Driving on Sidewalk Prohibited. Sec. 8-189 Parking Limitation for Parking Vehicles With Live Animals. Sec. 8-190 Obedience and Stopping at Railroad Crossings. Sec. 8-191 Non-moving Trains Prohibited from Blocking Streets at Railway Crossings. Sec. 8-192 Penalty. Sec. 8-193 Through Sec. 8-200 Reserved for Future Use. Division VI. Renaming Streets. Sec. 8-201 Renaming Streets Within Pinewood Estates. Sec. 8-202 Through Sec. 8-207 Reserved for Future Use. 351 2009 S-27

§ 8-208 TRAFFIC AND PARKING REGULATIONS § 8-217 Division VII. Local Roads and Streets. Sec. 8-208 Acceptance of Local Roads and Streets. Sec. 8-209 Through 8-214 Reserved for Future Use. Division VIII. Vehicle Identification. Sec. 8-215 Motor Vehicle Inspections Fees. Sec. 8-216 and Sec. 8-217 Reserved for Future Use. **Pages 353 through 356 Reserved for Future Use.**

352 2002 S-16

CHAPTER 8

TRAFFIC AND PARKING REGULATIONS

ARTICLE 1. REGULATIONS ADDRESSING OFF-ROAD VEHICLES

AND MOTORIZED BICYCLES.

Sec. 8-1 Definitions and Interpretation.

(a) The following words, terms and phrases, when used in this article, shall have the meanings

ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) MOTORIZED BICYCLE.1 A bicycle with or without operable pedals and an internal

combustion engine or battery-powered motor which may be propelled by human power or by an internal

combustion engine or battery-powered motor, or by both, and, when powered by an internal combustion

engine, having a rating of no more than one and five tenths (1.5) brake horsepower, and a cylinder capacity

not exceeding fifty (50) cubic centimeters, an automatic transmission, and a maximum design speed of not

more than twenty-five (25) miles per hour on a flat surface.

(2) OFF-ROAD VEHICLE. Any motor driven vehicle capable of cross country travel, without

benefit of a road or trail, on or immediately over land, water, snow, ice, marsh, swampland, or other natural

terrain. It includes, but is not limited to, a multi-wheel drive or low pressure tire vehicle, amphibious

vehicle, ground effect air cushion vehicle, mini-bike, snowmobile, or other means of transportation deriving

motive power from a source other than muscle or wind. It does not include a farm vehicle used for military

or law enforcement purposes, construction, mining, or other industrial related vehicles used in performance

of its common function or a registered aircraft.

(3) OPERATE.2 The word “operate” or any form or tense thereof shall mean to ride in or on, to

drive, to use, to put into action, cause to function, or to be in actual physical control of a vehicle as defined

herein.

(4) OPERATOR.3 Any person who drives, operates, or is in actual physical control of a vehicle

defined herein.

(5) OWNER.4 A person who holds the legal title of a vehicle, or in the event a vehicle is the

subject of an agreement for the conditional sale or lease thereof with the right of purchase upon

performance of the conditions stated in the agreement, and with an immediate right of possession vested in

the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such

conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this article.

1 I.C., § 9-13-2-109, defines “motorized vehicle”. 2 I.C., § 9-13-2-117.5, defines “operate”. 3 I.C., § 9-13-2-118, defines “operator”. 4 I.C., § 9-13-2-121, defines “owner”. 357 1996 S-2

§ 8-1 TRAFFIC AND PARKING REGULATIONS § 8-2 (6) PEDESTRIAN. Any person afoot. (7) SNOWMOBILE. An off-road vehicle designed for travel primarily on snow or ice, of any type, which utilizes sled type runners or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated. (Ord. No. 91-25, § 1, 10-8-91; Ord. No. 95-21, 8-8-95) Sec. 8-2 Regulations for Snowmobiles and Off-Road Vehicles.5 (a) It shall be unlawful for any person to operate a snowmobile or off-road vehicle under the following circumstances: (1) On private property of another without the express permission to do so by the owner or occupant of said property. (2) On public school ground, park property, playgrounds and recreational areas without express provision or permission to do so by the proper public authority and the execution of a waiver of liability form. (3) On any street or sidewalk within the town; provided, however, that the police department may authorize use of a snowmobile or off-road vehicle on the public streets, highways, and rights-of-way within its jurisdiction during emergencies when conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions. (4) In a manner so as to create loud, unnecessary, or unusual noise so as to disturb or interfere with the reasonable peace and quiet of other persons. (5) In a careless, reckless, or negligent manner so as to endanger the safety of any person or the property of any other person. (6) While under the influence of intoxicating liquor, fermented malt beverages, or controlled substances on drugs. (b) All snowmobiles and off-road vehicles operated within the town shall have the following equipment: (1) Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cut out, bypass, or similar device on said vehicle. (2) Adequate brakes in good working condition and at least one headlight and one taillight. (3) A safety or-called “deadman” throttle in operating condition; a safety or “deadman” throttle is defined as a device which when pressure is removed from the accelerator or throttle causes a motor to be disengaged from driving tract. 5 I.C., § 14-1-3-1, et seq., addresses off-road vehicles including snowmobiles. 358 1996 S-2

§ 8-2 TRAFFIC AND PARKING REGULATIONS § 8-3 (c) It is unlawful for the owner or operator of a snowmobile or off-road vehicle to leave or allow said vehicle to be or remain unattended on public property while the motor is running or with the keys for starting the vehicle left in the ignition. (Ord. No. 91-25, § 2, 10-8-91) Sec. 8-3 Violations. (a) Motorized Bicycles: (1) No person, including, but not limited to a parent, a child, a teenager, or an adult shall violate any of the provisions of this article relating to motorized bicycles, including, but not limited to, Sections 8-4, 8-5, and 8-6, as the same may be amended from time to time. (2) No parent or guardian shall authorize or knowingly permit his or her child or ward to violate any of the provisions of this article relating to motorized bicycles, including, but not limited to, Section 8-4, 8-5, and 8-6, as the same may be amended from time to time. (3) Any person violating any section of this article, as set forth in sub-paragraphs (a)(1) and (2) hereinabove, in lieu of being charged for said violation in a Court of competent jurisdiction, may pay within five (5) days after receiving notice of a violation to the Town Clerk-Treasurer, as Clerk of the Town Violations Bureau, a fine in the sum of Fifty Dollars ($50.00). In the event that this fine is not paid by a person notified of a violation of a provision of this article within five (5) days after being notified and advised of the violation and right to pay said fine to the Clerk of the Town Violations Bureau in lieu of being charged, that person shall be charged with the violation in a Court of competent jurisdiction. Twenty-Five Dollars ($25.00) of the fine shall be deposited into the Town Law Enforcement Continuing Education Fund (LECEF) for the purposes as set forth and permitted by the Town Code Section 2-187 as amended from time to time. The remaining portion of the fine in the amount of Twenty-Five Dollars ($25.00) shall be deposited to the Town General Fund. Each offense of violation of this article shall be deemed a separate offense, with separate fines for each as set forth herein. All such fines shall be paid to the Local Ordinance Violations Bureau, administered by the Clerk-Treasurer of the Town. (b) Off-road vehicles. (1) No person, including, but not limited to a parent, a child, a teenager, or an adult shall violate any of the provisions of this article relating to off-road vehicles, including, but not limited to, Sections 8-2 and 8-6, as the same may be amended from time to time. (2) No parent or guardian shall authorize or knowingly permit his or her child or ward to violate any of the provisions of this article relating to off-road vehicles, including, but not limited to, Section 8-2 and 8-6, as the same may be amended from time to time. (3) Any person violating any section of this article, as set forth in sub-paragraphs (b)(1) and (b)(2) hereinabove, in lieu of being charged for said violation in a Court of competent jurisdiction, may pay within five (5) days after receiving notice of a violation to the Town Clerk-Treasurer, as Clerk of the Town Violations Bureau, a fine in the sum of One Hundred Dollars ($100.00). In the event that this fine is not paid by a person notified of a violation of a provision of this article within five (5) days after being notified and advised of the violation and right to pay said 359 2001 S-15

§ 8-3 TRAFFIC AND PARKING REGULATIONS § 8-4 fine to the Clerk of the Town Violations Bureau in lieu of being charged, that person shall be charged with the violation in a Court of competent jurisdiction. Fifty Dollars ($50.00) of the fine shall be deposited into the Town Law Enforcement Continuing Education Fund (LECEF) for the purposes as set forth and permitted by Town Code Section 2-187 as amended from time to time. The remaining portion of the fine in the amount of Fifty Dollars ($50.00) shall be deposited to the Town General Fund. Each offense of violation of this article shall be deemed a separate offense, with separate fines for each as set forth herein. All such fines shall be paid to the Local Ordinance Violations Bureau, administered by the Clerk-Treasurer of the Town. (Ord. No. 91-25, § 3, 10-8-91; Am. Ord. No. 2000-14, 6-20-00; Am. Ord. No. 2001-17, § 1, 8-21-01) Sec. 8-4 Traffic Regulations for Motorized Bicycles. (a) Operators of motorized bicycles on a public highway or public path shall be subject to the provisions of traffic laws of the state and the town applicable to the operation of motor vehicles generally, subject to the special regulations in this section, and excepting those provisions of the traffic laws which by their nature can have no application. (b) A motorized bicycle shall not be operated by any person under the age of fifteen (15) years. (c) Operators of a motorized bicycle shall obey the directions and instructions of official traffic-control devices and signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. (d) Whenever authorized signs are erected indicating that no right or left or “U” turns are permitted, no persons operating a motorized bicycle shall disobey the direction of any such sign, except where such person dismounts from the vehicle to make such turn, in which event the person shall obey the regulations applicable to pedestrians. (e) A person operating a motorized bicycle shall not drive, other than upon the permanent and regular seat attached thereto, nor shall the operator permit any passengers in excess of the number allowed for by the design and number of seats of the vehicle. (f) No person shall operate a motorized bicycle at a speed greater than is reasonable and prudent under the conditions then existing, and the operator of a motorized bicycle may not exceed the speed of twenty-five (25) miles per hour or the speed limit, whichever is lesser. (g) Every person operating a motorized bicycle shall drive as near to the right hand side of the roadway as is possible, and in single file when passing other vehicles, parked or moving, or any other considerable object on the highway. (h) The operator of a motorized bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles on the roadway close enough to constitute a hazard. (i) No person operating a motorized bicycle shall attach the same or himself to any vehicle upon a public highway or public path. 360 2001 S-15

§ 8-4 TRAFFIC AND PARKING REGULATIONS § 8-5 (j) No person operating a motorized bicycle shall carry any package, bundle, or article which prevents the operator from keeping both hands upon the handlebars. (k) Trick riding is prohibited. The hands of the operator of a motorized bicycle shall be on the handlebars at all times, except while in the act of signaling. (l) No operator of a motorized bicycle shall cause or permit a motorized bicycle to curve side to side. (m) No person shall park a motorized bicycle in such a manner as to interfere with the normal flow of pedestrian traffic, vehicular parking or vehicular flow of traffic. (n) The operation of motorized bicycles upon sidewalks is prohibited. (o) Every motorized bicycle, operated on a public highway, during the period from one-half hour after sunset until one-half hour before sunrise, shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of five hundred (500) feet to the rear. In lieu of such rear lighted red lamp on motorized bicycles, a red reflector glass button not less than one and one-half (1½) inches in diameter, or red reflecting tape of not less than four (4) square inches may be mounted securely on the rear mudguard, or lacing a mudguard on the rear of the saddle. (p) No person shall ride a motorized bicycle unless it is equipped with a horn or other device capable of giving a signal audible for a distance of one hundred (100) feet or more. (q) Every motorized bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, or clean pavement. (r) Every person operating a motorized bicycle shall employ the use of hand signals in the manner provided by state law for turning or changing lanes if such vehicle is not equipped with a lighted turn signal device. (Ord. No. 91-25, § 4, 10-8-91) Sec. 8-5 Registration and Licensing. (a) Every motorized bicycle, either owned by a resident of the town, or stored within the town (excepting motorized bicycles held primarily for resale in the ordinary course of business), shall be registered and licensed with the police department within ten (10) days after 360.1 2001 S-15

§ 8-5 TRAFFIC AND PARKING REGULATIONS § 8-6 becoming the owner of said motorized bicycle, or commencing the storage of said motorized bicycle. The license shall expire annually on December 31 of the year of registration and issuance of the license. Each motorized bicycle shall be re-registered and re-licensed on or before the expiration of any existing license, and the renewal shall be on an annual basis. (b) Every person required to register a motorized bicycle shall complete such registration forms as are adopted from time to time by the police department. (c) Any person fifteen (15) years of age or older owning a motorized bicycle shall obtain a license for each motorized bicycle from the police department. No license shall be issued to, or for the benefit of, any person under the age of fifteen (15) years. (d) Each person filing an application for registration and issuance of a license for a motorized bicycle shall pay a fee of ten ($10.00) dollars for each motorized bicycle so registered and licensed. (e) The police department shall issue a motorized bicycle license to each eligible applicant who has completed the registration form and paid the required license fee. The license shall contain the number assigned to the vehicle and the name of the town. (f) A motorized bicycle license is not transferable. (g) A motorized bicycle license shall be affixed to and maintained upon the motorized bicycle registered for license, and in such position as to be plainly visible from the rear. No person shall remove a license from a motorized bicycle during the period for which issued, except upon a transfer of ownership, or when so removed by the police department. Upon the sale or other transfer of a licensed motorized bicycle, the licensee shall remove the license. (h) The police department shall keep on file a list of registrations of motorized bicycles for official use and the license application shall include the name of the owner, address, telephone number, make of motorized bicycle, type, size, color and manufacturer serial number, if any. (Ord. No. 91-25, § 5, 10-8-91; Ord. No. 95-20, § 1, 7-11-95) Sec. 8-6 Miscellaneous Rules and Regulations. (a) No person shall board or alight from any off road vehicle or motorized bicycle while such vehicle or bicycle is in motion, and no person shall alight on the roadway side from any off road vehicle or motorized bicycle. (b) No person shall ride on any off road vehicle or motorized bicycle upon any portion thereof not designated or intended for the use of passengers. (c) No person under the age of eighteen (18) years shall ride upon or operate a motorized bicycle without: (1) Wearing protective headgear meeting the standards established by the United States Department of Transportation under 49 CFR 571.218 in effect January 1, 1979; and 361 1995 S-1

§ 8-6 TRAFFIC AND PARKING REGULATIONS § 8-12 (2) Wearing protective glasses, goggles, or a transparent face shield. (Ord. No. 91-25, § 6, 10-8-91) Sec. 8-7 through Sec. 8-9 Reserved for Future Use. ARTICLE 2. BICYCLE REGULATIONS. 6 Sec. 8-10 Bicycle Usage Regulations. (a) A person propelling a bicycle shall not ride other than upon the permanent and regular seat attached thereto; nor carry any other person upon such bicycle otherwise than upon a firmly attached and regular seat thereon; nor shall any person ride upon a bicycle, otherwise than as above stated. (b) No bicycle shall be used to carry more persons at one time than the number for which it was equipped. (c) Any person upon any bicycle, coaster, roller skates or toy vehicle shall not attach the same or himself to any streetcar or vehicle upon a roadway. (d) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for the exclusive use of bicycles. (e) No person riding a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands upon the handlebars. (Ord. No. 903, § 1-5, 7-9-74) Sec. 8-11 Equipment Requirements. (a) Lamps: Every bicycle operating upon a highway from one-half hour after sunset until one-half hour before sunrise, shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of five hundred (500) feet to the rear; except that a red reflector meeting the requirements of this section may be used in lieu of a rear light. (b) Brakes: Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on a dry, level, clean pavement. (Ord. No. 903, § 6, 7, 7-9-74) Sec. 8-12 Compliance With Traffic Code. 7 (a) Every person riding a bicycle upon a roadway shall be subject to the provisions of the Traffic Code of the Town of Dyer, Lake County, Indiana, which is made a part hereof by reference, except as to those provisions of that code which by their nature can have no application to this ordinance.

6 I.C., § 9-13-2-4, defines bicycle and related equipment. 7 I.C., § 9-2-1-3, authorizes the regulation of bicycles including licensing and registration fees. 362

§ 8-12 TRAFFIC AND PARKING REGULATIONS § 8-20 (b) The operator of any bicycle upon any public highway shall observe each and all of the regulations and requirements of the Uniform Act regulating traffic on highways of the State Of Indiana and the rules of the road of the State of Indiana as these apply to the usage of the right lane of the highway in travel, the stoppage and proceeding in accord with traffic signals, and the utilization of prescribed manual signs for the guidance of other traffic. (c) The parent of any child and the guardian or any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this act. (d) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. (Ord. No. 903, § 8-11, 7-9-74) Sec. 8-13 Bicycle Registration Required. (a) Every bicycle operated within the corporate limits of the Town of Dyer, Lake County, Indiana, shall be registered with the Dyer Police Department on or before July 30, 1974 and each year thereafter. (b) Such registration shall include the name or the owner, the make, model and serial number of the bicycle and the date of purchase or acquisition. (Ord. No. 903, § 12, 13, 7-9-74) Sec. 8-14 Bicycle Inspections. As a condition of registration, each bicycle shall be inspected by the Dyer Police Department or its representatives and shall be required to comply with the sections hereinabove set forth concerning lamps and brakes. (Ord. No. 903, § 14, 7-9-74) Sec. 8-15 Penalty. It is an ordinance violation for any person to do any act forbidden by this ordinance or fail or perform any act by this ordinance. (Ord. No. 903, § 15, 7-9-74) Sec. 8-16 through Sec. 8-19 Reserved for Future Use. ARTICLE 3. TRAFFIC CODE OF THE TOWN OF DYER.8 Division I. In General. Sec. 8-20 Definitions. The words and phrases used in this ordinance shall have the same meaning and definitions as defined in Indiana Code § 9-13-1-1, et seq. addressing “definitions”. (Ord. No. 81-8, Art. I, § 1, 4-1-81) 8 I.C., § 9-21-1-2, authorizes local authorities to adopt by ordinance additional traffic regulations. 363

§ 8-21 TRAFFIC AND PARKING REGULATIONS § 8-26 Division II. Enforcement and Obedience to Traffic Regulations. Sec. 8-21 Authority of Police Department and Fire Department Officials. It shall be the duty of the officers of the Police Department of this Town to enforce the provisions of this Ordinance and all state laws applicable to street traffic in this Town. The Chief of Police and his officers are authorized to direct all traffic either in person or by means of visible or audible signal in conformance with all traffic laws and ordinances, provided that in the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the Police Department or Fire Department may direct traffic, as conditions may require, notwithstanding the provisions of this Ordinance. (Ord. No. 81-8, Art. II, § 1, 4-1-81) Sec. 8-22 Obedience to Personnel. The Chief of Police and his officers are herein sometimes referred to as a police officer and it shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a Chief of Police, or police officer, or fireman, when acting in accordance with Section 8-21. (Ord. No. 81-8, Art. II, § 2, 4-1-81) Sec. 8-23 Permits for Parades. No procession or parade, excepting the forces of the United States Army or Navy or the Military Forces of the State of Indiana and the forces of the Police Department and Fire Department, shall occupy, march or proceed along any street except and in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which apply. (Ord. No. 81-8, Art II, § 3, 4-1-81) Sec. 8-24 and Sec. 8-35 Reserved for Future Use. Division III. Pedestrian Obedience to Traffic Signals.9 Sec. 8-26 Pedestrians to Comply. At intersections where traffic is controlled by traffic control signals, the movement of pedestrians shall be regulated by such traffic signals as hereinafter set out. (a) At intersection controlled by traffic control signals exhibiting the words “Go”, “Caution”, or “Stop”, or exhibiting different colored lights successively, pedestrians shall move as follows: (1) Pedestrians facing a traffic control signal showing green or exhibiting the word “Go” may proceed across the roadway within any marked or unmarked crosswalk. (2) Pedestrians taking a traffic control signal exhibiting or showing yellow or exhibiting the word “Caution” are advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way. 9 I.C., §§ 9-21-17-1 through 9-21-17-24, address pedestrians. 364

§ 8-26 TRAFFIC AND PARKING REGULATIONS § 8-33 (3) Pedestrians facing the traffic control signal showing red or exhibiting the word “Stop” shall not enter the roadway unless it can be done safely and without interfering with vehicular traffic. (b) Pedestrian Walk and Wait Signal. Whenever pedestrian control signals exhibiting the words “Walk” or “Wait” are in place such signals shall indicate as follows: (1) 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. (2) WAIT or DON'T WALK - No pedestrians shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to a sidewalk while the WAIT or DON'T WALK signal is showing. (Ord. No. 81-8, Art. III, § 1, 4-1-81) Sec. 8-27 and 8-28 Reserved for Future Use. Division IV. Method of Parking. Sec. 8-29 Standing or Parking Close to Curb. Except where angle parking is prohibited, no person shall stand or park a vehicle on a roadway other than parallel with the edge of the roadway headed in the direction of the lawful traffic movement and with the right hand wheels within twelve (12) inches of the curb or the edge of the roadway, except as otherwise provided in the following paragraph and in this Article. (Ord. No. 81-8, Art. IV, § 1(a), 4-1-81; Am. Ord. No. 2014-03, 4-10-14) Sec. 8-30 Angle Parking Prohibited. Angle parking in any area of the Town of Dyer is allowed only upon written approval of the Town of Dyer Police Department, Town of Dyer Fire Department, and the Town of Dyer Department of Public Works. Whenever a vehicle is lawfully parked at night upon any street within a business or residence district, no lights need be displayed upon such parked vehicle. (Ord. No. 81-8, Art. IV, § 1(b), 4-1-81; Am. Ord. No. 2014-03, 4-10-14) Sec. 8-31 Through Sec. 8-32 Reserved for Future Use. Division V. Miscellaneous Driving Rules. Sec. 8-33 Funeral Processions.10 (a) A funeral procession composed of vehicles may be identified as such by the display upon the outside of each vehicle of a paint of the type designated by the Chief of Police, or shall drive with headlights turned on. (b) Each driver in a funeral procession shall drive as near to the right hand edge of the roadway as practicable and safe. 10 I.C., §§ 9-21-13-1 through 9-21-13-7, address funeral processions. 365 2015 S-35

§ 8-33 TRAFFIC AND PARKING REGULATIONS § 8-40 (c) Each mortician shall notify the Police Department of the day and the hour of each funeral procession to be had by him in the Town of Dyer together with the proposed route thereof, as far ahead of the proposed time as possible. (Ord. No. 81-8, Art. V, § 1, 4-1-81) Sec. 8-34 Driving Through Funeral Procession. (a) No driver of a vehicle, except an emergency vehicle, shall drive between the vehicles comprising a funeral procession or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance. (b)This provision shall not apply at an intersection where traffic is controlled by a traffic-control signal or a police officer and shall not apply to authorized emergency vehicles. (Ord. No. 81-8, Art. V, § 2, 4-1-81) Sec. 8-35 Restrictions on Backing. The driver of any vehicle shall not back such vehicle into an intersection or over a crosswalk and shall not in any event or at any place back a vehicle against the current of traffic, except to back into a parallel parking space of to back out of a designated angle parking place. No vehicle shall be backed over a public sidewalk except where necessary; and where it is necessary the driver shall either sound his horn or halt before crossing the sidewalk. (Ord. No. 81-8, Art. V, § 3, 4-1-81) Sec. 8-36 Vehicles Shall Not Be Driven on Sidewalk. The driver of any vehicle shall not drive over any sidewalk area except at a permanent or temporary driveway, or park within such area. No vehicle shall be driven over or across the curb of any street except as above provided. (Ord. No. 81-8, Art. V, § 4, 4-1-81) Sec. 8-37 Boarding or Alighting from Vehicles. No person shall board or alight from any vehicle while such vehicle is in motion, and no person shall alight on the roadway side from any vehicle. (Ord. No. 81-8, Art. V, § 5, 4-1-81) Sec. 8-38 Unlawful Riding. No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty. (Ord. No. 81-8, Art. V, § 6, 4-1-81) Sec. 8-39 Through Sec. 8-40 Reserved for Future Use. 366

§ 8-41 TRAFFIC AND PARKING REGULATIONS § 8-43 Division VI. Traffic Control Devices.11 Sec. 8-41 Authority to Install Traffic Control Devices. (a) The Chief of Police and Superintendent of Public Works pursuant to the order of the Town Council shall cause to be placed and maintained traffic control signs, signals, and devices when and as required under the traffic ordinances of this Town to make effective the provisions of said ordinances. (b) In the case of the identification and/or existence of a dangerous traffic situation, as determined by the Chief of Police, he or she is hereby authorized to install traffic control signs, signals and/or devices on a temporary basis after collaboration with the Superintendent of Public Works and until such time as the installation of said traffic control signs, signals and/or devices can be approved by the Town Council. (1) When a temporary traffic sign, signal or device is authorized to be installed by the Chief of Police, he or she shall be required to provide a written report with an accompanying recommendation to the Town Council regarding the same. Said written report and recommendation shall be provided to the Town Council no later than three (3) days after the installation of the temporary traffic control device. (2) The Town Council shall review the written report and recommendation of the Chief of Police and shall take official action regarding said recommendation at its next regularly scheduled public meeting. In no case shall the recommendation of the Chief of Police regarding the temporary placement of a traffic control device remain pending for longer than sixty (60) days without official action approving or denying the recommendation by the Town Council. (Ord. No. 81-8, Art. VI, § 1, 4-1-81; Am. Ord. No. 2002-07, 3-19-02) Sec. 8-42 Manual and Specifications for Traffic Control Devices. All Traffic Control signs, signals and devices shall conform to the manual and specifications approved by the State Highway Commission. All signs and signals required hereunder for a particular purpose shall, so far as practicable, be uniform as to type and location throughout the Town. All traffic control devices so erected and not inconsistent with the provisions of State law or this Ordinance shall be official traffic-control devices. (Ord. No. 81-8, Art. VI, § 2, 4-1-81) Sec. 8-43 Obedience to Official Traffic Control Devices Located Within the Town of Dyer and Within Construction Areas in the Town. (a) The driver of every vehicle shall obey the instructions of any official traffic control device applicable thereto and placed in accordance with the ordinances of this Town, as amended from time to time, unless otherwise directed by a police officer. (b) The driver of every vehicle shall obey the instructions of any traffic control devices including, but not limited to, signals, signs, warnings, and all directions, signs, or warning devices 11 I.C., §§ 9-21-4-1 through 9-21-4-19, address traffic control devices.

367 2002 S-16

§ 8-43 TRAFFIC AND PARKING REGULATIONS § 8-45 that may be given or displayed by a police officer or flagman to safely control traffic movement in a construction area and to promote safety in the construction area. (c) Any violation of the provisions of this Section is punishable by fines and penalties in accordance with, and as provided by Sections 8-120, et. seq., and 2-221(c), as amended from time to time. (Ord. No. 81-8, Art. VI, § 3, 4-1-81; Am. Ord. No. 2001-18, § 1, 8-21-01) Sec. 8-44 When Traffic Control Devices Are Required for Enforcement Purposes. No provision of this Ordinance for which signs are required shall be enforced against an alleged violator if at the time of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. (Ord. No. 81-8, Art. VI, § 4, 4-1-81) Sec. 8-45 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, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles as follows:

(a) GREEN alone or “GO” - Vehicular traffic facing the signal may proceed straight through or turn

right of left, unless a sign at such place prohibits either such turn. Vehicular traffic shall yield right-of-way

to other vehicles and to pedestrians, lawfully within the intersection at the time such signal is exhibited.

(b) YELLOW or “CAUTION” - When shown with or following the green or “Go” signal: Vehicular

traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop

cannot be made, in safety, vehicle may be driven cautiously through the intersection.

(c) RED alone or “STOP” - Vehicular traffic facing the signal shall stop before entering the nearest

crosswalk at an intersection or at such other point as may be indicated by a clearly visible line and shall

remain standing until GREEN or GO is shown.

(d) GREEN ARROW - Vehicular traffic facing such signal may cautiously enter the intersection only

to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians lawfully

within a crosswalk.

(e) In the event an official traffic-controlled signal is erected and maintained at a place other than an

intersection, the provisions of these sections of this ordinance shall be applicable except as to those

provisions which by their very nature can have no application. Any stop required shall be made at a sign or

marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or

marking the stop shall be made at the signal.

368

2002 S-16

§ 8-45 TRAFFIC AND PARKING REGULATIONS § 8-47

(f) Traffic control signals shall be located at the intersections as provided in Schedule 1 attached

hereto and made a part of this Ordinance.

(Ord. No. 81-8, Art. VI, § 5, 4-1-81) Sec. 8-46 Flashing Signals.

Whenever flashing RED or YELLOW signals are used they shall require obedience by vehicular traffic as

follows:

(a) FLASHING RED or STOP SIGNAL - When a red light is illuminated with rapid intermittent

flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection of streets

and/or streets and railroads 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 alter making a stop at a stop sign.

(b) FLASHING YELLOW CAUTION SIGNAL - When a yellow light is illuminated with rapid

intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with

caution.

(Ord. No. 81-8, Art. VI, § 7, 4-1-81)

Sec. 8-47 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, marking of device which purports to be or is an imitation of or resembles an official traffic control

device or railroad sign or signal, 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 railroad sign or signal.

No person shall place or maintain nor shall any public authority

368.1

2002 S-16


permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising. This 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 official signs.

(b) Every such prohibited sign, signal or marking is declared to be a public nuisance and the authority

having jurisdiction over the highway is empowered to remove the same or cause it to be removed. (Ord. No.

81-8, Art. VI, § 7, 4-1-81)

Sec. 8-48 Interference With Official Traffic Control Devices or Railroad Signs or Signals.

No person shall, without lawful authority, attempt to, or in fact, alter, deface, injure, knock down, obscure,

or remove any official traffic control device, sign, or street name sign, or any railroad sign or signal, or any

inscription, shield or insignia thereon, or any other part thereof.

Sec. 8-49 and Sec. 8-50 Reserved for Future Use.

Division VII. Stopping, Standing or Parking Restricted or

Prohibited on Certain Streets.

Sec. 8-51 Application of Division.

The provisions of this Article prohibiting the standing or parking of a vehicle shall apply at all times or at

those times herein specified and as indicated on official signs, 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 an official

traffic control device. (Ord. No. 81-8, Art. VII, § 1, 4-1-81)

Sec. 8-52 Regulations Not Exclusive.

The provisions of this Division imposing a time limit on parking shall not relieve any person from a duty to

observe other and more restrictive provisions limiting the stopping, standing, or parking of vehicles in

specified places or at specified times. (Ord. No. 81-8, Art. VII, § 2, 4-1-81)

Sec. 8-53 Special Regulations for Street Work and Snow Removal.

(a) WORK - The Superintendent of Public Works is given the power to post temporary signs reading

“No Parking-Street Work” along any street which he intends to sweep, clear, or work within the succeeding

twenty-four (24) hours. The Superintendent of Public Works shall post every street that he intends to work

with said signs prior to 4:00 P.M. of the preceding day.

All vehicles shall be removed before 7:00 A.M. of the day the street is to be worked. Any vehicle which is

illegally parked after 7:00 A.M. of the day the street is to be worked may be towed away in the manner

provided in Division VII, Section 8-54 of this Traffic Code.

(b) SNOW REMOVAL - No person shall park any vehicle on any street within the corporate limits of

the Town of Dyer, whenever there is two (2) inches or more of snow thereon, until said snow is removed.

Any vehicle which is parked on said streets when the depth of the snow exceeds two (2) inches, may be

towed away in the manner provided in Division VII, Section 8-54 of this Traffic Code. (See Schedule 2)

(Ord. No. 81-8, Art. VII, § 3, 4-1-81)

369

2001 S-15


Sec. 8-54 Illegally Parked or Abandoned Vehicles.

Any motor vehicle found upon the streets, alleys or highways within the Town of Dyer, Indiana, illegally

parked or reasonably appearing to be abandoned may be removed from said street, alley or highway, under

the direction of the Chief of Police, and be impounded in one (1) of the garages within or without the Town

of Dyer, or in a privately owned garage, as designated by the Chief of Police. A notice shall be mailed by

the Dyer Town Chief of Police by certified mail to the registered owner if the car is not claimed within

three (3) days. (Ord. No. 81-8, Art. VII, § 4, 4-1-81)

Sec. 8-55 Parking on Private Property Prohibited.

No person shall drive, stop, stand or park a vehicle onto or upon privately owned property or an area

developed as an off-street parking facility without the consent of the owner, lessee, or person in charge of

such privately owned property or facility. A violation of this Section shall place such vehicle in the status of

an illegally parked vehicle and upon complaint of the owner, lessee, or person in charge of the privately

owned property or facility, said vehicle may be dealt with as described in Division VII, Section 8-54 of this

Ordinance. (Ord. No. 81-8, Art. VII, § 5, 4-1-81)

Sec. 8-56 Impounding of Vehicles of Repeated Offenders.12

Any motor vehicle found upon the streets or highways of the Town of Dyer, Indiana having charged against

the State license registration number of said vehicle an accumulation of four (4) or more offenses may be

removed for impoundment in the manner described in Division VII, Sections 8-53 and 8-54 of this

Ordinance. Should the owner of said vehicle appear to claim same, he will be booked for appearance in a

court having jurisdiction on all outstanding offenses. (Ord. No. 81-8, Art. VII, § 6, 4-1-81)

Sec. 8-57 Towing and Storing Fees.

The owner of any motor vehicle removed and impounded pursuant to the terms of Division VII, Sections 8-

53 and 8-54 of this Ordinance may appear and claim said motor vehicle upon payment of the towing and

storage fees and presenting a release from the Dyer Police Department, whereupon said vehicle shall be

released to him or his authorized representative. (Ord. No. 81-8, Art. VII, § 7, 4-1-81)

Sec. 8-58 Storage of Vehicle.

Using streets for storage of vehicles or parking of vehicles for more than ninety six (96) consecutive hours

prohibited. It shall be unlawful for any person to park or cause to be parked any motor vehicle upon any

street or public highway in the Town of Dyer, Indiana, for a period longer than ninety six (96) consecutive

hours except as hereinafter provided.

Any person who desires to park a motor vehicle upon any street in the Town of Dyer, Indiana, for a period

of more than ninety six (96) consecutive hours shall apply to the Chief of Police of the Town of Dyer, for a

permit to do so. The Chief of Police shall grant such permit only after determining that:

12 I.C., § 9-22-1-16, addresses towing vehicles. 370 2001 S-15

§ 8-58 TRAFFIC AND PARKING REGULATIONS § 8-65 (a) The safety of the persons traveling on the street upon which it is desired to park such motor vehicle will not be endangered, and (b) The reason stated for parking a motor vehicle for more than ninety six (96) consecutive hours is such that the granting of such permit is necessary and reasonable, and (c) A permit granted by the Chief of Police shall state the name of the person seeking the permit, his address, the address at which the motor vehicle shall be parked, the model, kind and registration place of the motor vehicle to be parked, and the expiration date of said permit, and the reason therefor. (Ord. No. 81-8, Art. VII, § 8, 4-1-81) Sec. 8-59 Parking Prohibited At All Times on Certain Streets. When signs are erected giving notice thereof no person shall park a vehicle at any time upon any of the streets described in Schedule 3 attached hereto and made a part of this Ordinance. (Ord. No. 81-8, Art. VII, § 2, 4-1-81) Sec. 8-60 Parking Prohibited During Certain Hours on Certain Streets, Except Sundays and Legal Holidays. When signs are erected in each block giving notice thereof, no person shall park a vehicle on the streets where so posted between the hours specified on said sign of any day, except Sundays and legal holidays. (Ord. No. 81-8, Art. VII, § 10, 4-1-81) Sec. 8-61 Parking Time Limited on Certain Streets - to 15 Minutes - 3:00 A.M. to 6:00 P.M. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than one (1) hour between the hours of 8:00 A.M.and 6:00 P.M. of any day, except Sunday and legal holidays, upon streets where posted. (Ord. No. 81-8, Art. VII, § 11, 4-1-81) Sec. 8-62 Parking Time Limited on Certain Streets - Two Hours - 8:00 A.M. to 6:00 P.M. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than two (2) hours between the hours of 8:00 A.M. and 6:00 P.M. of any day, except Sundays and legal holidays, within the district or upon any of the streets described in Schedule 4 attached to and made a part of this Ordinance. (Ord. No. 81-8, Art. VII, § 12, 4-1-81) Sec. 8-63 and Sec. 8-64 Reserved for Future Use. Division VIII. Restricted Streets. Sec. 8-65 Deliveries on Restricted Streets by Trucks. From and after the taking effect of this Ordinance, all streets and alleys of the Town of Dyer except those set out in Schedule 5 shall be designated as Restricted Streets, and it shall be unlawful for the driver of any truck excepting trucks in the following three (3) categories: (a) Those of less than five (5) tons rated capacity, 371 2001 S-15

§ 8-65 TRAFFIC AND PARKING REGULATIONS § 8-68 (b) House moving vans, and (c) Construction vehicles, to drive upon same except for the purpose of making a delivery business in the block in which such vehicle is being driven. Any driver making such delivery shall enter same at the first intersection nearest point of delivery and leave same at first intersection after such delivery. (Ord. No. 81-8, Art. VIII, § 1, 41-81) Sec. 8-66 and Sec. 8-67 Reserved for Future Use. Division IX. Stopping, Standing or Parking Prohibited in Specified Places. Sec. 8-68 Stopping, Standing or Parking Prohibited - No Signs Required.13 (a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic, or in compliance with the law, or the directions of a police officer, or traffic control device, in any of the following places: 1. On a sidewalk. 2. In front of a public or private driveway. 3. Within an intersection. 4. Within fifteen (15) feet of a fire hydrant. 5. On a crosswalk. 6. Within twenty (20) feet of a crosswalk at an intersection. 7. Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway. 8. Between a safety zone and the adjacent curb or within thirty (30) feet of points on a curb immediately opposite the ends of a safety zone unless a different length has been indicated by signs or markings. 9. Within fifty (50) feet of the nearest rail of railroad crossing. 10. Within twenty (20) feet of a driveway entrance to any fire station. 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 of or curb of a street. 13 I.C., § 9-21-16-5, addresses stopping, standing and parking. 372 2001 S-15

§ 8-68 TRAFFIC AND PARKING REGULATIONS § 8-74 13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. 14. At any place where an official sign prohibits parking, stopping or standing. 15. Within fifty (50) feet of the center of the gate of any industrial plant. 16. On a grass parkway located alongside or within a dedicated street or right-of-way. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb-such distance as is unlawful. (Ord. No. 81-8, Art. IX, § 1, 4-1-81; Am. Ord. No. 2006-26, 12-20-06) Sec. 8-69 Parking Not to Obstruct Traffic. No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic. (Ord. No. 81-8, Art. IX, § 2, 4-1-81) Sec. 8-70 Parking in the Alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of space for vehicular travel, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (Ord. No. 81-8, Art. IX, § 3, 4-1-81) Sec. 8-71 and Sec. 8-72 Reserved for Future Use. Division X. Freight and Passenger Loading Zones. Sec. 8-73 Freight and Passenger Loading Zones. For the purpose of alleviating acute traffic congestion the Chief of Police is authorized to determine the location of temporary passenger and freight 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. 81-8, Art. X, § 1, 4-1-81) Sec. 8-74 Permits for Freight and Passenger Loading Zones. The Chief of Police shall not hereafter designate or assign any freight and passenger loading zone upon special request of any person, unless such person makes application for a permit for such zone, and have two (2) signs to indicate the ends of each zone. The Chief of Police upon granting a permit and approving such signs, shall require the applicant to deposit with the Town Clerk-Treasurer, a fee of Five Dollars ($5.00) per year and may, by general regulations, impose conditions upon the use of such signs and for reimbursement by the Town for the value thereof in the event of their loss or damage. Every such permit shall expire at the expiration of the time stated therein, not to exceed ten (10) days over the one (1) year period. (Ord. No. 81-8, Art. X, § 2, 4-1-81) 373 2007 S-23

§ 8-75 TRAFFIC AND PARKING REGULATIONS § 8-83 Sec. 8-75 Permanent Freight Loading Zones. From and after the taking effect of this Ordinance the areas and portions of streets and highways as shall be designated by the Chief of Police and as posted shall be known as permanent freight loading zones, and no person shall stop and park a vehicle for any purpose or for any period of time in any such zone except for the expeditious loading or unloading of freight and merchandise. (Ord. No. 81-8, Art. X, § 3, 4-1-81) Sec. 8-76 and Sec. 8-77 Reserved for Future Use. Division XI. Through Streets. Sec. 8-78 Through Streets. (a) Those streets and parts of streets designated in Schedule 6 attached hereto and made a part of this Ordinance are declared to be through streets for the purpose of this Section. Through streets shall have the right of way over all other streets except intersecting through streets, in which case the State Law governing right of way shall govern unless the right of way at said intersection is governed by traffic signals or stop signs under this Ordinance. (b) Whenever any Ordinance of this Town designates and describes a through street, it shall be the duty of the Superintendent of Public Works to place and maintain a stop sign on each and every street intersecting such through street unless otherwise provided by this Ordinance. (Ord. No. 81-8, Art. XI, § 1, 4-1-81) Sec. 8-79 Stop Signs. When stop signs are erected upon streets intersecting a through street at the entrance thereto or at the entrance to any intersection designated in Schedule 7, attached hereto and made a part hereof, every driver of a vehicle shall stop at every sign or at a clearly marked stop line before entering the intersection. (Ord. No. 81-8, Art. XI, § 2, 4-1-81) Sec. 8-80 Four Way Stop Signs. When stop signs are erected upon all four streets at any intersection designated in Schedule 8, attached hereto and made a part hereof, every vehicle shall stop at every sign or at a clearly marked stop line before entering the intersection. The first vehicle reaching an intersection shall, after stopping, have the right of way to proceed. (Ord. No. 81-8, Art. XI, § 3, 4-1-81) Sec. 8-81 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. (Ord. No. 81-8, Art. XI, § 4, 4-1-81) Sec. 8-82 and Sec. 8-83 Reserved for Future Use. 374 2007 S-23

§ 8-84 TRAFFIC AND PARKING REGULATIONS § 8-89 Division XII. U-Turns and Passenger Restraints. Sec. 8-84 U-Turns Prohibited.14 No driver of any vehicle shall make a U-TURN on any street or at any intersection within the Town of Dyer. (Ord. No. 88-42, 9-13-88) Sec. 8-85 Safety Belts. Each front seat occupant of a passenger motor vehicle that is equipped with a safety belt meeting the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. § 571.208) shall have a safety belt properly fastened about the occupant's body at all times when the vehicle is in forward motion. For the purposes of this Section, “passenger motor vehicle” includes buses, school buses and private buses, and excludes trucks, tractors, and recreational vehicles. (Ord. No. 88-40, Art. XII, § 2, 8-16-88) Sec. 8-86 Exceptions. The terms of Section 8-85 do not apply to a front seat occupant who: (a) for medical reasons should not wear safety belts; (b) is required to be restrained under the child passenger restraint law Indiana Code, § 9-8-13; (c) is traveling in a commercial or a United States Postal Service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services; (d) is a rural carrier of the United States Postal Service and is operating a vehicle while serving a rural postal route; (e) is a newspaper motor route carrier or newspaper bundle hauler who stops to make deliveries from his vehicle; or (f) is a driver examiner designated and appointed under Indiana Code, § 9-1-4-35 and is conducting an examination an applicant for a permit or license under Indiana Code, § 9-1-4- 34.1. (Ord. No. 88-40, Art. XII, § 3, 8-16-88) Sec. 8-87 and Sec. 8-88 Reserved for Future Use. Division XIII. One Way Streets and Alleys.15 Sec. 8-89 Authority to Post Signs. Whenever this ordinance designates any one-way street or alley, the Chief of Police shall direct the placement of signs giving notice thereof, and no such regulation shall be effective unless 14 I.C., § 9-21-8-19, addresses U-Turns. 15 I.C., § 9-21-4-14, addresses one way highways. 375

§ 8-89 TRAFFIC AND PARKING REGULATIONS § 8-97 such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic is permitted in one direction only. (Ord. No. 81-8, Art. XIII, § 1, 4-1-81) Sec. 8-90 One Way Streets and Alleys. Upon those streets and alleys hereafter designated by the Town Council, vehicles shall move only in the indicated direction of travel. (Ord. No. 81-8, Art. XIII, § 2, 4-1-81) Sec. 8-91 and Sec. 8-92 Reserved for Future Use. Division XIV. Speed Regulations.16 Sec. 8-93 Speed Laws of State Statute Applicable-Exception. The speed limits as set forth in the State Statutes shall be applicable upon all streets within the Town of Dyer, except as this Ordinance, as authorized by State Law, declares and determines upon the basis of engineering and/or traffic investigation that certain speed regulations shall be applicable upon specified streets, in which event it shall be prima facie unlawful for any person to drive a vehicle in excess of any speed so declared in this Ordinance, when signs are in place giving notice thereof. (Ord. No. 81-8, Art. XIV, § 1, 4-1-81) Sec. 8-94 Special Speed Zones. No driver of any vehicle shall exceed the prima facie speed limit upon those streets or portions thereof described in Schedule 9, which speeds so declared thereon shall be effective at all times when signs are erected giving notice thereof. Nothing herein shall be interpreted so as to modify any speed limit set by Traffic State Highway Commission or the County Commissioners. (Ord. No. 81-8, Art. XIV, § 2, 4-1-81) Sec. 8-95 and Sec. 8-96 Reserved for Future Use. Division XV. Penalties and Procedure on Arrest. Sec. 8-97 Procedure on Arrest. Except when authorized or directed by State law to immediately take a person arrested for a violation of any of the traffic laws of the State or of the Ordinances of the Town of Dyer, before a Chief of Police or officer or other law enforcement officer upon making an arrest for violation of the traffic laws of the State or the Town, shall take the name and address and operator's license number of the alleged violator, and the registration number of the vehicle involved, and shall issue to him on the form prescribed in this ordinance, a notice to answer to the charge against him, at a place and at a time to be specified in the notice to appear. The officer upon receiving the written promise to appear of the alleged violator, providing such violator is a resident of the State of Indiana, shall release such person from custody. (Ord. No. 81-8, Art. XV, § 1, 4-1-81) 16 I.C., § 9-21-1-2, authorizes local authorities to adopt local police regulations regulating traffic. 376


Sec. 8-98 Forms and Notices of Arrest or Appearance.

The Chief of Police shall provide in quadruplicate, suitable, serially numbered forms for notifying violators

to appear and answer to the charges of violating traffic laws and ordinances. The Chief of Police shall

report each month to the Town Council the disposal made by his office of all arrest forms issued to them.

(Ord. No. 81-8, Art. XV, § 2, 4-1-81)

Sec. 8-99 Failure to Obey Notice or Summons.

Any person who violates his written promise to appear given to any officer upon an arrest for any traffic

violation shall be guilty of a misdemeanor regardless of the disposition of the charge of which he was

originally charged. (Ord. No. 81-8, Art. XV, § 3, 4-1-81)

Sec. 8-100 Notice of Illegally Parked Vehicle.

Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the

restrictions imposed by this Ordinance and other ordinances relating to traffic, then the officer finding such

vehicle shall take its registration number and may take any other information displayed on such vehicle

which may identify its owner or user, and shall conspicuously affix to such vehicle a notice in writing on a

quadruplicate form provided by the Chief of Police for the driver to answer to the charge against him within

seventy two (72) hours, during the hours and at the place specified in the notice. (Ord. No. 81-8, Art. XV, §

4, 4-1-81)

Sec. 8-101 Presumption in Reference to Illegal Parking.

In any prosecution charging a violation of any law or regulation governing the parking or standing of a

vehicle, proof that the particular vehicle described in the notice to appear was parked in violation of any

such law or regulation together with proof that the defendant named in the complaint was at the time of

such violation the registered owner of such vehicle, will constitute prima facie evidence that such registered

owner was the person who parked such vehicle at the time and place and for the time during which such

violation occurred. (Ord. No. 81-8, Art. XV, § 5, 4-1-81)

Sec. 8-102 and Sec. 8-103 Reserved for Future Use.

Division XV. Fines and Forfeitures.

Sec. 8-104 Disposition of Traffic Fines and Forfeitures.

Any person, firm or corporation violating and found guilty by plea of any portion of this Traffic Code of the

Town of Dyer which regulates the use, standing or parking vehicles upon streets, alleys, or other public

places, may, in lieu of being charged for such violation in Lake County Court, pay to the Clerk-Treasurer of

the Town of Dyer a penalty in an amount as set forth in Section 2-221 of the Dyer Town Code. In addition,

the violator shall be assessed court costs and any other fees as shall be set and required by state statute. The

payment of fine shall be deposited in general fund of the town. The Clerk-Treasurer shall forward

court costs and any other state-mandated fees to the Clerk of the Lake County Court for distribution in

accordance with

377

2008 S-26


Indiana State Statutes. Such penalties shall be paid within ten (10) days of the date of the violation. Upon

failure of the payment of the penalty herein prescribed in accordance with the provisions hereof, such

violators shall be charged forthwith in the Lake County Court pursuant to State Law. (Ord. No. 88-40, Art.

XV, § 7, 8-16-88; Ord. No. 95-33, 12-12-95; Ord. No. 97-15, 8-12-97)

Sec. 8-105 Failure to Comply or Destroying Notice.

(a) If a violator of the restrictions on stopping, standing or parking under this Ordinance or other

ordinances relating to traffic of this Town, does not appear in response to the notice affixed to such vehicle

within a period of seventy-two (72) hours, a complaint shall be filed and a warrant of arrest issued.

(b) No person, whether the recipient thereof or otherwise, shall willfully throw away, alter, mar,

mutilate, destroy, or discard the written notice described in this Ordinance.

Sec. 8-106 Moving Offenses.

Whenever a person commits a violation of any moving offense on a State Highway within the Town, then

the prosecution shall be under the applicable state statute, if any, and not under the provisions of this

Ordinance. In all other cases, violators of the provisions of this Ordinance shall be charged and prosecuted

under this Ordinance.

Sec. 8-107 Town Deferral Program.

(a) The Town of Dyer, Lake County, Indiana, hereby establishes a Town Deferral Program pursuant

to I.C. § 34-28-5-1, and amended from time to time, to be known as the “Town Deferral Program.”

(b) An individual who has been issued a citation for a moving traffic violation in the Town of Dyer

shall be eligible to participate in the Town Deferral Program if the individual:

1. Has not been charged with a moving traffic violation that is associated with property damage,

personal injury, or other related criminal charges;

2. Has not been charged with any other moving violation in any state within the last year; and

3. Has not been charged with an offense of speeding in excess of thirty (30) miles per hour over

the posted speed limit.

(c) An individual who is eligible and seeks to participate in the Town Deferral Program (hereinafter

“Applicant”) shall complete the Town Deferral Program Application Agreement located in the Town Police

Department. The Town Police Department shall verify that the Applicant is eligible for the Town Deferral

Program.

(d) 1. At the time of the application submission, the Applicant shall pay for the following:

378

2008 S-26


a. Current Court costs, pursuant to the provisions of Indiana Code, as amended from time

to time;

b. An initial user fee of $52.00; and

c. Monthly user fees of $10.00 per month of each of the six (6) months the Applicant is in

the Town Deferral Program.

2. The total amount of the Court costs and fees identified above shall be made payable to the

“Clerk, Lake Superior Court” in the form of a certified check, money order, or cashier’s check. The fees

paid by the Applicant are non-refundable and shall not be applied to the fine in the event that the Applicant

fails to properly and successfully follow and complete the requirements of the Town Deferral Program. The

Court costs shall be distributed as required for traffic violations. The initial user fee and monthly user fees

shall be deposited in the Police Department Special Revenue Fund upon proper processing.

(e) The Town Police Department shall file the Applicant’s citation with the Lake County Court. After

assignment of a cause number and at the next regularly scheduled Town Court date, the Town Attorney

shall file the executed Deferral Program Application Agreement in the Lake County Court together with the

Court costs and fees. The Town Police Department shall review the Applicant’s driving record six (6)

months after the filing of said Agreement (hereinafter “Review Period”). In the event that no new moving

traffic violations have been issued to the Applicant, the Town Attorney shall dismiss the original moving

traffic violation citation. In the event that the Applicant has been issued a moving traffic violation citation

within the Review Period, or otherwise does not comply with terms of the Town Deferral Program, the

Town Attorney shall institute further proceedings against the Applicant based upon the original citation.

(f) The Town Attorney, Town Police Department, and Town Clerk-Treasurer are hereby authorized

to develop the appropriate forms and related materials necessary to facilitate the Town Deferral Program.

(Ord. No. 2008-09, §§ 1- 6, 8-20-08)

Sec. 8-108 through Sec. 8-114 Reserved for Future Use.

Division XVI. Traffic Surveys and Authority to Post Temporary Signs.

Sec. 8-115 Surveys and Posting of Temporary Signs.

Whenever the Chief of Police and the Town Council of the Town of Dyer, in the course of

the traffic study deem it advisable to delete or to add other streets to the schedules attached

to this Ordinance they may do so on a temporary basis and such streets and locations, when posted

by signs, shall be deemed for said temporary period to be incorporated within the terms of this

378.1

2008 S-26


378.2


Ordinance, and persons violating the same shall be deemed guilty of an offense as if they were incorporated

within the respective sections scheduled herein. (Ord. No. 81-8, Art. XVI, § 1, 4-1-81)

Sec. 8-116 Copy of New Sign Locations to Town Council.

Upon the posting of said streets the Chief of Police shall immediately forward copies of said addition to the

Town Council, the Clerk-Treasurer, and the Town Attorney. In addition, a copy of said change or addition

to said schedule shall be posted in a public place in each Ward of the Town of Dyer. In the event that the

Town Council shall, by Resolution, deem said addition to be unwise or improper then said signs shall be

immediately removed. Unless and until the Town Council disapproves of said proposed addition or

modification of said schedules, then the Chief of Police may maintain such signs for any period he deems

sufficient to properly evaluate the effects and benefits of said addition or modification to the schedules not

to exceed one (1) year. (Ord. No. 81-8, Art. XVI, § 2, 4-1-81)

Sec. 8-117 Chief of Police to Recommend Yearly Modifications.

At least once each year the Chief of Police shall forward to the Town Council a list of suggested

modifications in the schedules of this Ordinance, as determined by studies, engineering, traffic surveys, or

experience and as verified by temporary posting of signs as hereinbefore describe. (Ord. No. 81-8, Art.

XVI, § 3, 4-1-81)

Sec. 8-118 Reserved and Sec. 8-119 Reserved for Future Use.

Division XVII. Penalties, Severability, Short Title and Repeal.

Sec. 8-120 Penalties.

Any person violating one or more of the provisions of this Ordinance shall upon conviction before any

court of law, pay a fine of not less than One Dollar ($1.00) or more than Two Thousand Five Hundred

Dollars ($2,500.00) Dollars for each offense. Each day that the violation continues shall constitute a

separate offense.

The Dyer Chief of Police after consultation with the Dyer Metropolitan Police Commission and the Dyer

Town Council, shall have the authority, at his option, to designate to the Dyer Town Attorney the amount of

any fine to be requested of the Court in any matter of the trial of any violation of this Ordinance in which

the defendant is found liable. (Ord. No. 81-8, Art. XVII, § 1, 4-1-81; Am. Ord. 97-7, 3-11-97)

Sec. 8-121 Severability.

If any Section, Subsection, sentence, clause or portion of this Ordinance is held invalid by a court of

competent jurisdiction, such decision shall not affect the validity of the remaining portions of this

Ordinance. The Town Council declares that it intended this Ordinance to be severable. (Ord. No. 81-8, Art.

XVII, § 2, 4-1-81)

Sec. 8-122 Short Title.

This Ordinance may be known and cited as the Traffic Code of the Town of Dyer, Indiana. (Ord. No. 81-8,

Art. XVII, § 3, 4-1-81)

379

1997 S-5


Sec. 8-123 Repeal.

All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this Ordinance

are repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person

for the violation of any Ordinance, repealed, prior to the taking effect of this Ordinance. (Ord. No. 81-8,

Art. XVII, § 4, 4-1-81)


Division XVIII. Schedules.

Sec. 8-130 Schedule 1-Traffic Control Signals at Intersections.

Pursuant to Section 8-4, et seq., the following traffic control signals as intersections are designated:

(1) U.S. Highway 30 (Joliet St.) and Hart St.

(2) U.S. Highway 30 (Joliet St.) and Great Lakes Drive.

(3) Sheffield Avenue at 213th Street. (Ord. 81-8, Schedule 1, 4-1-81)

(4) Reserved.

(5) Reserved.

(6) Reserved.

Sec. 8-131 Schedule 2 - Parking Prohibited After Snow is Two Inches Deep.

Pursuant to Section 8-53 et seq, all streets in the Town of Dyer shall have parking prohibited thereon after

snow is two (2) inches deep. (Ord. 81-8, Schedule 2, 4-1-81)

Sec. 8-132 Schedule 3 - Parking Prohibited at All Times.

Pursuant to Section 8-59, parking is prohibited at all times in the following areas:

(1) In front of public buildings when signs or curb markings so prohibit.

(2) Any place where signs or curb markings indicate.

(3) West side of Hart Street from U.S. Highway 30 (Joliet Street) north to Keilman Street.

(4) 77th Avenue (Novak Road) from Hart Street to east limits of Town of Dyer.

(5) U.S. Highway 30 (Joliet Street) both sides from a point 1,040 feet west of Hart Street at the

Indiana/Illinois State Line to a point 1,000 feet east of the CSX Railroad.

(6) South side of Carnation Street from Sheffield Avenue to Lake Street.

380


(7) South side of Fagan Street from Hart Street, east to the alley.

(8) East side of Hart Street from U.S. Highway 30 (Joliet Street) to Schulte Street.

(9) Northgate Park on the north side of Northgate Drive.

(10) Pheasant Hills Park on the east side of Hart Street from its southern boundary to Greiving Street.

(Ord. 81-8, Schedule 3, 4-1-81)

(11) North side of Keilman Street from Hart Street to Church Street.

(12) South side of Keilman Street from Hart Street east to alleyway.

(13) North side of Mary Street from Hart Street to Andrew Drive.

(14) East side of Andrew Drive from Mary Street to Cherry Hill Road.

(15) East side of Hart Street from Fagen Street to Keilman Street except for one (1) handicapped

parking space to be designated by the Town.

(16) South side of Park Manor Drive from Hart Street to 125 feet west of the intersection of Hart Street

and Park Manor Drive.

(17) North side of Park Manor Drive from Hart Street to 125 feet west of the intersection of Hart Street

and Park Manor Drive.

(18) South side of Berens Street from Hart Street to 125 feet west of the Indiana section of Hart Street

and Berens Street.

(19) North side of Berens Street from Hart Street to 125 feet west of the intersection of Hart Street and

Berens Street.

(20) South side of Plum Creek Drive from Hart Street west to the end of Plum Creek Drive.

(21) North side of Plum Creek Drive from Hart Street to 90 feet west of the intersection of Hart Street

and Plum Creek Drive.

(22) West side of Wellington from Main Street to 30 feet south of the intersection of Main Street and

Wellington.

(23) North side of Harrison Place from Calumet Avenue to 130 feet west of the intersection of Calumet

Avenue and Harrison Place.

381

2011 S-31


(24) South side of Harrison Place from Calumet Avenue to 104 feet west of the intersection of Calumet


(25) North side of Harrison Place from Calumet Avenue to 30 feet east of the intersection of Calumet


(26) South side of Harrison Place from Calumet Avenue to 30 feet east of the intersection of Calumet


(27) South side of Greiving Street from Hart Street to 50 feet east of the intersection of Greiving Street

and Hart Street.

(Ord. No. 2006-26, 12-20-06; Am. Ord. No. 2007-12, 6-20-07; Am. Ord. No. 2010-16, 12-1-10; Am. Ord.

No. 2011-04, 5-19-11)

Sec. 8-133 Schedule 4 - Parking Time Limited on Certain Streets Two Hours - 8:00 A.M. to 6:00

P.M.

Pursuant to Section 8-62, the following parking limits are established:

(a) When signs are erected in each block giving notice thereof, no person shall park a motor vehicle

for longer than two (2) hours between the hours of 8:00 A.M. and 6:00 P.M. of any day, except Sundays

and Holidays, upon either side of the following streets:

(1) Hart Street from Matteson to Schulte Street.

(2) Gettler Street from U.S. Highway 30 (Joliet Street) South to Stech Street.

(3) West side of Hart Street from U.S. Highway 30 (Joliet Street) south to Schulte Street.

(4) North side of Fagan Street from Hart Street east to the alley. (Ord. 81-8, Schedule 4, 4-1-81)

(5) Reserved.

(6) Reserved.

(7) Reserved.

(8) Reserved.

(9) Reserved.

(10) Reserved.

382

2011 S-31


Sec. 8-134 Schedule 5 - Restricted Streets (Heavy Duty Streets).

The following streets will be designated as heavy duty roads for the purpose of making a delivery or

carrying on business as prescribed in Division VIII, Section 8-65:

(1) Sheffield Avenue

(2) Hart Street.

(3) Matteson Street.

(4) 213 Street.

(5) Main Street.

(6) 77th Avenue (Novak Road). (Ord. 81-8, Schedule 5, 4-1-81)

(7) U.S. Highway 30 (Joliet Street).

(8) Reserved

(9) Reserved.

(10) Reserved.

382.1

2011 S-31


382.2


Sec. 8-135 Schedule 6 - Though Streets.

Pursuant to Section 8-78, the following are declared through streets:

(1) U.S. Highway 30 (Joliet Street).

(2) 213th Street.

(3) Sheffield Avenue

(4) Hart Street.

(5) Matteson Street.

(6) Lakewood Drive.

(7) Lake Street.

(8) Edgewood Drive.

(9) Enslen Drive.

(10) Harrison Avenue.

(11) Forest Park Drive.

(12) Nondorf Street.

(13) Greiving Street.

(14) Magnolia Avenue.

(15) Greenwood Avenue.

(16) 77th Avenue (Novak Road).

(17) James Drive.

(18) Northgate Drive.

(19) Jackson Place.

(20) Osage Drive.

(21) Cherry Hill Road.

383

2010 S-30


(22) Monticello Drive.

(23) Hickory Drive.

(24) Main Street. (Ord. No. 81-8, Schedule 6, 4-1-81)

(22) Reserved.

(23) Reserved.

(24) Reserved.

(25) Reserved.

(26) Reserved.

(27) Reserved.

(28) Reserved.

Sec. 8-136 Schedule 7 - Single Stop Streets.

Pursuant to Section 8-79, the following STOP streets are declared:

STREET STOP FOR:

Magnolia Avenue ...... 213th Street

Madison Avenue .. ...... 212th Place

Jackson Avenue ... ...... 213th Street

Jackson Avenue 212th Street

212th Place Harrison Ave

Harrison Avenue Protsman School

Harrison Avenue 213th Street

213th Place Harrison Ave

214th Street Harrison Ave

Harrison Avenue 215th Street

215th Street Sheffield Ave

Avalon Drive Harrison Ave

Belden Drive Harrison Ave

Coral Drive Harrison Ave

Devon Drive Harrison Ave

Harrison Avenue Edmond Drive

Edmond Drive Sheffield Ave

Carnation Street Sheffield Ave

Matteson Street Hart Street

STREET STOP FOR:

Illinois Street Lake Street

Illinois Street Hart Street

Keilman Street Lake Street

Keilman Street Hart Street

Fagen Street Hart Street

Sunnyside Street U.S. 30

(Joliet Street)

Lake Street U.S. 30

(Joliet Street)

Gettler Street U.S. 30

(Joliet Street)

Moeller Street U.S. 30

(Joliet Street)

Nondorf Street U.S. 30

(Joliet Street)

Church Street U.S. 30

(Joliet Street)

Schulte Street Hart Street

Stech Street Hart Street

Oak Street Nondorf Street

2010 S-30 384


STREET STOP FOR:

Elm Street Nondorf Street

Grieving Street Hart Street

Moeller Street Greiving Street

Park Manor Drive Hart Street

Plum Creek Drive Hart Street

Mary Street Hart Street

Berens Street Hart Street

Berens Street Forest Park Dr

Monaldi Parkway Schmidt Drive

214th Street Madison Avenue


Van Buren Avenue Harrison Ave

Jackson Avenue Harrison Ave

Harrison Place Northgate Drive

Polk Avenue Northgate Drive

Northgate Drive Sheffield Ave

Harrison Place Northgate Drive

Jackson Place Northgate Drive

Jackson Court Northgate Drive

209th Court Northgate Drive

Northgate Drive 210th Street

210th Street Jackson Place

210th Place Jackson Place


Harrison Place Jackson Avenue

210th Place Jackson Avenue

211th Street Jackson Avenue

Andrew Drive Cherry Hill Rd

Osage Drive Hart Street

Cherry Hill Road Hart Street

Laurel Drive James Drive

Laurel Court Laurel Drive

Laurel Drive Osage Drive

Osage Court Osage Drive

215th Street Greenwood Ave

Sunnybrook Drive Greenwood Ave

Meadow Lane Greenwood Ave

East End Avenue Greenwood Ave

Greenwood Avenue 213th Street

Willow Lane Sycamore Drive

Ivanhoe Lane Wellington Dr

Lancaster Lane Wellington Dr

Hanover Lane Wellington Dr

STREET STOP FOR:

Kensington East Wellington Dr

Devonshire Lane Briarwood Drive

Stratford Lane Briarwood Drive

Hanover Lane Briarwood Drive

Kensington East Briarwood Drive

Wellington Drive Main Street

Osage Drive Hickory Drive

Wells Court Hickory Drive

Jacobs Court Hickory Drive

Graegin Place Hickory Drive

Heather Lane Sycamore Drive

Heather Lane Hart Street

Hillside Drive Heather Lane

Sycamore Drive Hillside Drive

Cambridge Lane Monticello Drive

Lake Street Monticello Drive

Cedar Lane Monticello Drive

Potomac Drive Cambridge Lane

Lexington Drive Cambridge Lane

Heritage Drive Cambridge Lane

Concord Court Cambridge Lane

Heritage Drive Sheffield Ave

Cambridge Court Heritage Drive

Richmond Court Heritage Drive

Cedar Lane Heritage Drive

Roanoke Court Heritage Drive

Kentwood Drive Heritage Drive

Kentwood Court Heritage Drive

Lexington Drive Cedar Lane

Kentwood Drive Cedar Lane

Jodi Court Cedar Lane

213th Place Madison Avenue

Fillmore Avenue Main Street

205th Place Fillmore Avenue

206th Street Fillmore Avenue

Cottonwood Drive Cherry Hill Rd

Peach Tree Lane Cherry Hill Rd

Cottonwood Drive Hickory Drive

Matteson Street Lake Street

Aster Street Lake Street

Edgewood Drive Schilling Drive

Frances Place Edgewood Drive

Janet Place Enslen Drive

385

2010 S-30


STREET STOP FOR:

Red Oak Drive Sycamore Drive

Clark Road U.S. 30

(Joliet Street)

Norma Land U.S. 30

(Joliet Street)

Richard Road Calumet Avenue

Richard Road Great Lakes Drive

James Drive Blaney Drive

Perry Court Castlewood Drive

Kelly Place Castlewood Drive

Flint Court Old Beach Road

Flatrock Road Boulder Road

Granite Drive Calumet Avenue

Fossil Stone Road Tomahawk Road

Tomahawk Road Sandy Ridge Road

Arrowhead Drive Sandy Ridge Road

Foliage Lane Richard Road

Ridgewood Lane Forest Park Drive

Ridgewood Court Ridgewood Lane

Wood Drive Ridgewood Lane

Chateau Lane Hillcrest Drive

Enslen Drive Frances Place

Lindee Court Donnet Court

Howard Castle Drive 77th Avenue

(Novak Road)

Knighthood Drive Calumet Avenue

Tower Court Knighthood Drive

Janet Place Edgewood Drive

Quinn Place Edgewood Drive

Peach Tree Court Peach Tree Lane

Calumet Avenue U.S. 30

(Joliet Street)

STREET STOP FOR:

Great Lakes Drive U.S. 30

(Joliet Street)

Norma Lane Richard Road

Castlewood Drive U.S. 30

(Joliet Street)

Roy Street James Drive

Kelly Court Castlewood Drive

Kings Court Castelwood Drive

Old Beach Road Calumet Avenue

Boulder Road Old Beach Road

Matteson Street Sheffield Avenue

Fossil Stone Road Granite Drive

Fossil Stone Road Sandy Ridge Road

Foliage Lane Arrowhead Drive

Chateau Drive Hillcrest Drive

Chateau Drive Forest Park Drive

Wood Drive Chateau Drive

Ridgewood Lane Hillcrest Drive

Chateau Lane Hart Street

Kelly Place Kings Court

Donnet Court Howard Castle Dr

Lancelot Lane Canterbury Drive

Galahad Court Knighthood Drive

Henry Street Moeller Street

Forest Park Drive (north)

Deer Trail Lane

Forest Park Drive (south)

Deer Trail Lane

(Ord. No. 81-8, Schedule 7, 4-1-81; Am.

Ord. No. 2006-26, 12-20-06)

Remainder of Page Reserved for Future Use.

2010 S-30 386


Sec. 8-137 Schedule 8-Three Way Stops.

Pursuant to Section 8-79 et seq., the following three way stops are declared:

(1) South Street at Forest Park Drive.

(2) Lakewood Drive at South Street.

(3) Blaney Drive at 77th Street.

(4) Edgewood Drive at 77th Street.

(5) Lakewood Drive at Park Manor Drive.

(6) Northgate Drive at Tyler Avenue. (Ord. N

81-8, Schedule 9, 4-1-81)

(7) Boulder Road at Calumet Avenue.

(8) Quinn Place at Enslen Drive.

(9) Calumet Avenue and Arrowhead Drive.

(10) Castlewood Drive at Queens Lane.

(11) Castlewood Drive at Knightwood Drive.

(12) Schmidt Drive at Lakewood Drive.

(13) Forest Park Drive at Schmidt Drive.

(14) Hickory Drive at Cherry Hill Road.

(15) Hickory Drive at Osage Drive.

(16) Harrison Avenue at Northgate Drive.

(17) Fillmore Avenue at Northgate Drive

(18) Van Buren Avenue at 211th Street.

(19) Tulip Tree Lane at Osage Drive.

(20) James Drive at Osage Drive

(21) Greenwood Avenue at 213th Street.

(22) Devonshire Lane at Wellington Drive.

(23) Stratford Lane at Wellington Drive.

(24) 206th Street at Fillmore Avenue.

Sec. 8-138 Schedule 9 - Four Way Stop Streets.

1. Harrison Avenue at 215th Street. 7. Lilac Drive at Lake Street.

2. Cherry Hill Road at Sycamore Drive. 8. 215th Street at Capri Lane.

3. Osage Drive at Sycamore Drive. 9. Lake Street at Carnation Street.

4. Berens Street at Park Manor Drive. 10. Lake Street at Ivy Lane.

5. Madison Avenue at 213th Street. 11. Schilling Drive at James Drive.

6. Harrison Avenue at 215th Street. 12. Gettler Street at Stech Street.

(Am. Ord. No. 2006-26, 12-20-06)

387

2010 S-30


Sec. 8-139 Schedule 10 - 25 M.P.H. Speed Zones.

East-West Streets

205th Place 206th Street Northgate Drive

Audrey Court 209th Street 209th Court

210th Street 210th Place 211th Street

211th Place 212th Street Berkley Drive

Ivanhoe Lane Devonshire Lane Lancaster Lane

Stratford Lane Hanover Lane Kensington East

Windsor Lane Peach Tree Court Sycamore Drive

Cherry Hill Road Aspen Drive Dogwood Drive

Osage Drive Osage Court Willow Lane

Heather Lane Hillside Drive Cottonwood Drive

Carnation Street Wells Court Jacobs Court

Graegin Place Laurel Drive Roy Street

Schilling Drive Quinn Drive Janet Place

Frances Place Old Beach Road Richard Road

East Valley Place Kings Court Kelly Court

Perry Court Queens Lane Heritage Drive

Concord Court Jodi Court Lexington Drive

Potomac Drive Monticello Drive Lilac Drive

Ivy Lane Park Manor Drive Berens Street

South Street Schmidt Drive Plum Creek Drive

206th Place Barberry Drive 212th Place

213th Place 214th Street 215th Street

Avalon Drive Belden Drive Coral Drive

Devon Drive Edmond Drive East End Avenue

Meadow Lane Sunnybrook Avenue Gardenia Drive

Aster Street Matteson Street Illinois Street

Kellman Street Fagen Street Michael Street

Bally Bunion Court LaForestier Court Portmarnock Court

Tryall Lane Perthshire Lane Muirfield Drive

Schulte Street Stech Street Henry Street

Greiving Street Oak Street Elm Street

Mary Street Scotty Lane Chateau Drive

Chateau Lane Ridgewood Lane Arrowhead Drive

Tomahawk Road Sand Dune Court Granite Drive

Canterbury Court Knighthood Drive Ridge Street

Donnet Court Catherine Lane Flag Lane

213th Street east from Sheffield Avenue to a point 150 feet east of Fire Station #2.

388

2007 S-23


North-South Streets

Street Street Street Pierce Avenue Fillmore Avenue Eastern Avenue

Harrison Place Jackson Court Polk Avenue

Tyler Avenue Harrison Avenue Jackson Avenue

Jackson Place Madison Avenue Briarwood Drive

Wellington Drive Tulip Tree Lane Red Oak Drive

Peach Tree Lane Hickory Drive Laurel Court

James Drive Blaney Drive Edgewood Drive

Enslen Drive Calumet Avenue Flint Court

Boulder Road Flat Rock Road Norma Road

Great Lakes Drive Castlewood Drive Kelly Place

Kentwood Court Kentwood Drive Roanoke Court

Richmond Court Cambridge Court Cambridge Lane

Cedar Lane Lake Street Clark Road

Capri Lane Cozy Lane Forest Park Drive

Monaldi Parkway Lakewood Drive Van Buren Avenue

Rosemary Court Magnolia Avenue Greenwood Avenue

Walnut Street Church Street Lahinch Court

Killarney Drive Waterville Court Royal Dublin Lane

Glen Eagles Drive Sunnyside Avenue Gettler Street

Moeller Street Nondorf Street Andrews Drive

Wood Drive Hillcrest Drive Rolling Hills Drive

Foliage Drive Sandy Ridge Road Fossil Stone Road

Freedom Place Liberty Place Lancelot Lane

Tower Court Galahad Court Lindee Court

Howards Castle Drive St. Andrews Drive Quinn Place

1. Sheffield Avenue south from Carnation Street to Matteson Street

2. Hart Street south from Matteson Street to Osage Drive

389


Sec. 8-140 Schedule 11 - 35 M.P.H. Speed Zones.

1. Sheffield Avenue north from Carnation Drive to Main Street.

2. Hart Street south from Osage Drive to 77th Avenue (Novak Road).

3. Main Street east from Sheffield Avenue to the Dyer Town Limits.

4. 213th Street east from a point 150 feet east of Fire Station #2 to the Dyer Town Limits.

5. 77th Avenue (Novak Road) east from Hart Street to Blaney Drive.

Sec. 8-141 Schedule 12-One-Way Streets.

Pursuant to Section 8-90, the following one-way designations are declared:

(1) Andrew Drive northbound only from Hart Street to Cherry Hill Road. (Ord. No. 81-8, Schedule

11, 41-81)

(2) Reserved.

(3) Reserved.

(4) Reserved.

(5) Reserved.

(6) Reserved.

Sec. 8-142 Schedule 13 - Secondary arteries.

The following streets are designated as secondary arteries.

(1) Harrison Avenue from Northgate Drive to Edmond Street.

(2) Calumet Avenue from U.S. 30 to 77th Avenue.

(3) Lake Street from Potomac Street to U.S. 30.

(4) Castlewood Drive from U.S. 30 to Knighthood.

(Ord. No. 97-15, 8-12-97)


390

1997 S-6


ARTICLE 4. OTHER VEHICLE AND ROAD REGULATIONS.

Division I. Fire Lanes.

Sec. 8-150 Fire Lanes-Definition and Markings.

“Fire Lanes” shall mean those lanes of travel immediately adjacent to a building or structure within the

Town of Dyer which are so designated by the Fire Chief of the Town of Dyer, and so marked with a sign

which shall read “No Parking Or Standing At Any Time - Fire Lane” or contain other information to that

effect, which sign shall be installed at the expense of the property owner along whose building the fire lane

is so designated. (Ord. No. 87-14, 6-9-87)

Sec. 8-151 Designated Fire Lanes-Size and Markings.17

Designated fire lanes shall be marked with diagonal stripes of yellow paint, which stripes shall be

approximately 4 inches wide, 10 feet in length, and 18 inches apart; signs shall be permanently affixed to a

building or a stationary object located along the fire lane, not more than 75 feet apart unless otherwise

designated by Police and Fire Chief. Such signs shall be not less than 288 square inches, the bottom of

which shall be not lower than 36 inches from the ground and the top not more than 72 inches from the

ground, which shall be clearly marked in black letters on a white background or red letters on white

background with the following words: NO PARKING OR STANDING AT ANY TIME FIRE LANE.

The designated fire lane shall not be used for pick-up or deliveries. The curb or sidewalk edge adjacent to

the fire lane shall be painted in yellow. (Ord. No. 87-14, 6-9-87)

Sec. 8-152 Penalties.

Any person who shall block, obstruct, park in, or otherwise abandon a vehicle in a designated fire lane,

shall be subject to a fine and penalty of twenty-five dollars ($25.00) as imposed by the Dyer Metropolitan

Police Department. Each individual occurrence shall constitute a separate offense. (Ord. No. 87-14, 6-9-87)

Sec. 8-153 Parking Prohibited By Building Fire Lanes-Penalty.

Each business establishment, hospital, school, church, library, state, federal, or city structure required by

the Dyer Fire Chief and Police Chief to provide a fire lane or lanes shall not permit parking or other

obstructions in such designated fire lanes. Any person or firm violating this section shall be subject to a

fine of one hundred dollars ($100.00) as imposed by the Dyer Metropolitan Police Department. (Ord. No.

87-14, 6-9-87)


17 I.C., § 9-21-12-7, addresses fire emergency areas. 391

§ 8-156 TRAFFIC AND PARKING REGULATIONS § 8-160 Division II. Towing and Storage of Vehicles. Sec. 8-156 Towing of Vehicles. Whenever there is a violation of an ordinance of the Town of Dyer under which a vehicle is to be towed, or public safety requires a vehicle to be towed, it shall be the duty of the police department of the Town forthwith to employ a qualified towing contractor to tow and remove such vehicle from the streets or public property of the Town or from any other place in which it is a violation to park or locate a vehicle. Said qualified towing contractor shall tow the vehicle to a vehicle storage pound established by the Town or a specifically designated storage area operated by a qualified storage keeper. (Ord. No. 88-13, § 1, 3-8-88) Sec. 8-157 Towing Contractors and Garage Keepers. Any towing contractor or garage keeper who desires to perform towing and/or storage services within the Town for the amounts set forth in the Schedule of Towing and Storage Fees hereinafter established, and files with the Town, a certificate of insurance naming the Town of Dyer as additional insured with liability limits of not less than $250,000/$500,000, for personal injury and $50,000 for property damage, and receives approval of the Dyer Police Commission, shall be deemed a qualified person for the purposes of this Section. The Police Department shall employ towing contractors and garage keepers pursuant to recommendation and approval of the Dyer Police Commission. (Ord. No. 88-13, § 2, 3-8-88) Sec. 8-158 Delivery of Vehicles Towed Due to a Public Safety Violation. When a vehicle has been towed by reason of the requirement of public safety or for violation of a Town Ordinance, such vehicle shall be delivered only to the duly registered owner thereof, as determined by gestation of said vehicle, or a person otherwise lawfully entitled to possession thereof, upon payment to the qualified towing contractor of the reasonable costs of such removal, towing and accumulated storage, pursuant to the schedule of fees and charges hereinafter established. (Ord. No. 88-13, § 3, 3-8-88) Sec. 8-159 Disposition of Unclaimed Impounded Vehicles. If the impounded vehicle has not been reclaimed within seventy-two (72) hours of the date of its impoundment, the qualified towing contractor shall proceed with appropriate enforcement of its claim against the vehicle owner as provided by Indiana law, including provisions concerning notice to the registered owner, and abandonment of motor vehicles in the State of Indiana. (Ord. No. 88-13, § 4, 3-8-88) Sec. 8-160 Fees and Charges. The duly registered owner or person otherwise lawfully entitled to possession of the impounded vehicle may obtain release of said vehicle pursuant to the provisions set forth above and upon payment of posted and approved fees and charges to the qualified towing contractor. Charges shall include but not be limited to the following services: Towing of Vehicles (6:00 a.m. - 6:00 p.m.) Towing of Vehicles (6:00 p.m. - 6:00 a.m.) 392

§ 8-160 TRAFFIC AND PARKING REGULATIONS § 8-164 Use of Flat Bed Trailer Inside and/or Outside Storage of Vehicles, per 24 hours period or fraction thereof: Payment shall be made at the office of the qualified towing contractor. Sec. 8-161 Towing Fee Schedule. (a) The towing firm with whom the Town has contracted for towing and storage services may charge for towing or removing the vehicle in the Town as follows, namely: Services Provided Current Rate Newly Effective Imposed Rate Per

Vehicle Fee Daytime tow $85.00 $100.00 Daytime tow with flatbed $125.00 Nighttime tow $100.00 $150.00 Nighttime tow with flatbed $175.00 Daytime winch and tow Up to $50.00 (in addition to tow) Nighttime winch and tow Up to $100.00 (in addition to tow) Daytime winch only $65.00 $75.00 Nighttime winch only $75.00 $125.00 Flatbed As applicable Disconnect linkage (no keys) $20.00 Storage per day Outside $20.00 $40.00 Inside $25.00 $45.00 Two or more trucks used Two call-outs Vehicles over 1 ton As applicable After hours vehicle release $25.00 (b) The Contract for Towing and Recovery Services by and between the Town and Stan's Towing & Recovery Service, dated April 11, 1995, is hereby modified and amended to provide for the newly established towing rate fee scheduled established hereby, with all other terms and provisions contained therein ratified and reaffirmed. (Ord. No. 2000-13, 6-20-00; Ord. No. 2012-03, § 1, 3-8-12) Sec. 8-162 Tow Release Services Fee. (a) A fee in the sum of forty-five dollars ($45.00) for tow release services is hereby established, as a policy for and within the Town of Dyer. (b) Any monies received for providing tow release services shall be deposited into the “Police Department Special Revenue Fund.” (Ord. No. 2008-13, 9-17-08; Am. Ord. No. 2010-11, 11-3-10) Sec. 8-163 through Sec. 8-164 Reserved for Future Use.

393 2012 S-32

§ 8-165 TRAFFIC AND PARKING REGULATIONS § 8-173 Division III. Parking for Disabled.18 Sec. 8-165 Definitions. (a) “Physically Handicapped Person” shall mean any person who has: (1) permanently lost the use of one (1) or more legs or arms, (2) is permanently unable to move without the aid of crutches or a wheelchair, or (3) is unable to walk long distances as verified by a doctor's certificate. (b) “Handicapped Parking Permit” shall mean any tag, sticker, or card issued by the Town of Dyer or any other municipality, license plate issued by any state, or any other regularly issued handicapped parking permit, indicating that the driver or a passenger in that vehicle is a physically handicapped person. (Ord. No. 83-10, 3-8-83) Sec. 8-166 Designation of Handicapped Parking Spaces. Certain public parking spaces within the Town of Dyer shall be designated as “reserved” by posting immediately adjacent to and visible from such space or spaces, a sign bearing the official international wheel chair symbol, or facsimile thereof. Parking in these designated spaces shall be reserved solely for the use of those vehicles prominently displaying a handicapped parking permit. (Ord. No. 83-10, 3-8-83) Sec. 8-167 Penalties. Any person who shall take advantage of the handicapped parking permit granted under this section when the vehicle is not being used to transport a physically handicapped person shall be subject to a fine and penalty of twenty five dollars ($25.00) as imposed by the Dyer Metropolitan Police Department. Each individual occurrence shall constitute a separate violation. (Ord. No. 83-10, 3-8-83) Sec. 8-168 Business Establishments to Provide Handicap Parking-Penalties. Each business establishment required to provide parking spaces for the handicapped shall not permit parking in such designated spaces by vehicles not displaying a handicapped parking permit. Any person or business violation, this section shall he subject to a fine and penalty of one hundred dollars ($100.00) as imposed by the Dyer Metropolitan Police Department. (Ord. No. 83-10, 3-8-83) Sec. 8-169 Town Handicapped Parking Permits. Handicapped persons desiring to obtain a handicapped parking permit from the Town of Dyer may obtain same from the Dyer Police Department by making application on a form supplied by the Police Department and sworn, to under oath. There shall be no charge for obtaining such a permit and the permit shall not be transferable. (Ord. No. 83-10, 3-8-83) Sec. 8-170 through Sec. 8-173 Reserved for Future Use. 18 I.C., § 9-14-5-1, et seq., addresses parking placards for physically handicapped individuals; and I.C., § 9-18-22- 1, et seq.,

addresses handicapped persons license plates.

394 2009 S-27

§ 8-174 TRAFFIC AND PARKING REGULATIONS § 8-178 Division IV. Weight Limits.19 Sec. 8-174 Weight Limit on Sheffield Avenue. It shall be unlawful to operate a motor vehicle with a gross weight in excess of seven (7) tons (14,000 pounds) on Sheffield Avenue between Main Street and Matteson Avenue, with the exception of local deliveries to local businesses located on Sheffield Avenue between Main Street and Matteson Avenue. (Ord. No. 89-28, 7-11-89) Sec. 8-175 Penalty. Any person violating the terms and provisions of Section 8-174 shall be subject to a fine in the amount of Fifty Dollars ($50.00) payable to the Clerk of the Town of Dyer; and if not paid, then subject to filing of action. (Ord. No. 89-28, 7-11-89) Sec. 8-176 Ten (10) Ton Gross Weight Limit Streets. No person, firm or corporation shall operate over the within designated streets situated within the Town of Dyer, Indiana, any vehicle when the combined weight of the vehicle together with its driver and load exceeds ten (10) tons gross weight, except as hereinafter provided. Said gross weight shall be the maximum permissible weight allowed on the following streets within the Town of Dyer: Magnolia, Greenwood, East End, Meadow Lane, Sunnybrook, 214th, 213th Place, 212th Place, Berkley Drive, Edmond Drive, Devon Drive, Coral Drive, Beldon Drive, Avalon, 215th, Harrison, Sunnyside, Church, Illinois, Keilman (except as provided in Section 8-183 hereafter) Greiving, Henry, Stech, Nondorf, Moeller, Elm, Oak, Gettler, Schulte, Plum Creek, Andrew Drive, Mary, Forest Park Drive, South, Lakewood Drive, Monaldi Parkway, Schmidt, Enslen Drive, Frances Place, Janet Place, Edgewood Drive, Fagen Street and Lake Street. (Ord. No. 367, § 1, 11-12-57; Am Ord. No. 2002-06, 2-19-02) Sec. 8-177 Exceptions Require Permit. Any person, firm or corporation desiring to operate a vehicle in excess of said gross weight, having first shown a necessity for so doing to the Town Council whose decision shall be final and conclusive, shall if the said Council decides a necessity exists for so doing, secure a temporary permit from the Town Clerk permitting operation of a vehicle with a greater weight than the ten (10) ton gross weight maximum limitation herein imposed. (Ord. No. 367, § 2, 11-12-57) Sec. 8-178 Bond Requirements. When the Town Council has decided that a necessity exists for the operation of vehicles in excess of gross weight it shall order the Town Clerk to issue a temporary permit to said person, firm or corporation, provided that said person, firm or corporation has first posted with said Town Clerk a Five Hundred Dollar ($500.00) cash bond to insure that the streets, including curbs and gutters, operated upon, have not been damaged in any way as a result of said operation, and further provided that said person, firm or corporation had paid to said Town Clerk a permit fee of Fifty Cents ($0.50) for each permit, which fee shall revert to the General Fund. (Ord. No. 367, § 3, 11-12-57) 19 I.C., § 9-20-1-3, authorizes local authorities to impose weight restrictions by proper ordinance.

395

2009 S-27


Sec. 8-179 Damage to Streets.

The cash bond so posted shall be returned to the person, firm or corporation having deposited same upon

surrender to the Town Clerk of the temporary permit so issued provided that it has been certified upon the

face of said temporary permit by the Dyer Town Public Works Director that said street or streets so used

have been inspected and that no damage has resulted as a consequence of operation pursuant to issuance of

said temporary permit. If the Public Works Director finds upon inspection that any street damage has been

caused by operation of any vehicle for which a temporary excess weight permit has been issued, he shall

report same to the Town Council of the Town of Dyer, who shall estimate the cost of repair of said damage

and shall declare forfeited any or all of

said cash bond including any part or all of said cash bond including any part or all thereof as is necessary to

offset the cost of said repairs.

(Ord. No. 367, § 4, 11-12-57)

Sec. 8-180 Form of Temporary Permit.

The temporary permit so issued in accordance herewith shall constitute a receipt for the cash bond and shall

upon its face designate the name of the person, firm or corporation to whom issued, date of issue, the

maximum excess weight permitted, the day and time when said permit shall be valid, the type and

description of vehicle to be used, the street or streets upon which said vehicle shall be operated, signature

of the Dyer Town Clerk, a place for the Dyer Town Public Works Director to certify that he has inspected

the streets and found them undamaged, if such be the case, and a place for the person, firm or corporation

to sign acknowledging receipt or return or the cash bond so posted.

(Ord. No. 367, § 5, 11-12-57)

Sec. 8-181 Display of Permit.

All temporary excess weight at permits issued in accordance with this ordinance shall be displayed openly

and in clear view in each vehicle being operated pursuant to the permit so issued.

(Ord. No. 367, § 6, 11-12-57)

Sec. 8-182 Penalty.

Any person violating any provision of this ordinance shall upon conviction be fined not less than Ten

Dollars ($10.00) for each offense.

(Ord. No. 367, § 7, 11-12-57)

396

2002 S-16


Sec. 8-183 Weight Limit on Keilman Street.

It shall be unlawful to operate a motor vehicle with a gross weight in excess of three tons (6,000

pounds) on Keilman Street over the Keilman Street Bridge. The gross weight limit for all other portions of

Keilman Street shall be as contained within Section 8-176 herein.

(Ord. No. 2002-06, 2-19-02)


Division V. Miscellaneous Regulations.

Sec. 8-188 Driving on Sidewalks Prohibited.

It shall be unlawful for any person or persons to go upon any sidewalk with any vehicle or animal expect in

the necessary act of crossing any such sidewalk and it shall be unlawful for any person or persons to ride

upon any sidewalk in the Town of Dyer, Indiana, upon any bicycle, motorcycle, horse, mule, pony, ox,

cow, wagon or buggy or other vehicle propelled by man or beast or by mechanical power.

(Ord. No. 15, § 1, 5-2-11)

Sec. 8-189 Parking Limitation for Parking Vehicles With Live Animals.

(a) It shall be unlawful for any person, firm or corporation to park, and/or to permit to be parked,

and/or to remain parked, any motor vehicle loaded with cattle, hogs, sheep, horses and/or

other livestock or poultry on any of the public streets, alleys or other public places within the corporate

limits of the Town of Dyer, for more than thirty (30) minutes at any one time.

(Ord. No. 167, § 1, 1-4-38)

(b) Any person, firm or corporation violating any of the provisions of this ordinance shall be fined in

any sum not less than one dollar ($1.00) or more than ten dollars ($10.00).

(Ord. No. 167, § 2, 1-4-38)

Sec. 8-190 Obedience and Stopping at Railroad Crossings.20

(a) Protected Railroad Crossings. All vehicles and the operator of all vehicles shall stop wherever

any protected railroad grade crossing indicates the presence of a train by flashing lights, lowering or raising

of gates, or the extinguishment of a green light, or by means of any other automatic crossing protection

which indicates the fact that a train is approaching the crossing and such automatic crossing protection

begins to function.

20 I.C., § 9-21-8-39, addresses railroad crossings.

396.1

2002 S-16


(b) Unguarded Crossings. It shall be the duty of the operator of every motor vehicle approaching

any railroad grade crossing which is not protected by an automatic crossing protection consisting of either

gates or red flashing lights, to bring his automobile or vehicle to a stop within fifty (50) feet of the nearest rail, and he shall then look to the right and to the left and ascertain that it is safe

to proceed before proceeding across the crossing.

(Ord. No. 687, § 1, § 2, - - 68) Sec. 8-191 Non-moving Trains Prohibited from Blocking Streets at Railway Crossings.

(a) Any railroad company or any person, firm, or corporation operating or employed by any

railroad within the Town is prohibited from permitting a non-moving railroad train, car, or engine to block

any public street or roadway in the town for more than five (5) minutes at any one (1) time, except when

necessary to comply with governmental safety regulations, or where the railroad train,

car, or engine cannot be moved due to circumstances beyond the control of the railroad company.

(b) This ordinance is enacted to promote the public interest and welfare of the residents of the town

and those using its public streets and roadways by facilitating the orderly flow of traffic and ensuring the

continued and unimpeded response of essential public safety services, not to control, regulate, or improve

railroad safety, thus it shall not apply to moving railroad trains, cars, or engines, and shall not supplant

current federal or Indiana law governing negligence or lack thereof by railroads or their agents and

employees.

(Ord. No. 2000-15, 6-20-00)

Sec. 8-192 Penalty.

Each violation of Section 8-191, defined as each separate blockage or obstruction of a public street or

roadway by a standing railroad train, car, or engine for more than five (5) minutes, is punishable by a fine

of two thousand five hundred dollars ($2,500.00) assessed against the railroad

company, or person, firm, or corporation responsible for the violation. However, no railroad agent or

employee acting under the rules or orders of the railroad company, firm, or corporation shall be fined for a

violation of this ordinance, as the same may be amended from time to time.

(Ord. No. 2000-15, 6-20-00)


396.2

2002 S-16

2000 S-12 396.2

396.2


Division VI. Renaming Streets. Sec. 8-201 Renaming Streets Within Pinewood Estates. The following recorded streets shall be corrected as follows: RECORDED NEW NAME RECORDED NEW NAME Cypress Drive ...... ...... Old Beach Road .. ....... Dogwood Drive ... ...... Tomahawk Road Holly Court .. ....... ...... Flint Court Birch Drive ....... ...... Glacier Drive Cottonwood Drive Boulder Road Pinewood Drive ... ...... Sandy Ridge Road Elmwood Drive .... Flat Rock Road Walnut Court ....... ...... Ridge Court Willow Drive ....... Rolling Hill Dr. Elmwood South Fossil Stone Road Aspen Court . ....... Dune Sand Court Schilling Drive Granite Drive Laurel Drive . ....... Arrowhead Drive Calumet Avenue NO CHANGE (Ord. No. 79-16, 6-12-79) Sec. 8-202 through Sec. 8-207 Reserved for Future Use. Division VII. Local Road and Streets Inventory.21 Sec. 8-208 Acceptance of Local Roads and Streets. The following roads and streets are accepted into the local roads and streets inventory of the Town of Dyer, Indiana: Road Name Location Length Miles Width Calumet Ave Boulder to Granite 1295' .1888 32' Calumet Ave B. 77th to Dead End 1100' .2083 32' Canterbury Court Cul De Sac to Cul De Sac 716' .1356 32' Capri Lane Existing to Cul De Sac 1372' .2598 32' Chateau Court Hillcrest Drive to End of Court 221' .0418 32' Chateau Drive Forest Park Dr. to Hillcrest Dr. 1330' .2518 32' Chateau Lane Hart Street to Hillcrest Dr. 380' .0719 32' Donnet Court Howard Castle Dr. to End of Court 703' .1331 32' Forest Park Drive Schmidt Drive to End of Court 1084' .2053 32' 21 Editor's Note: The Indiana Department of Transportation (INDOT) is required to have a complete inventory of roads and streets

for dollar allocation purposes.

397

§ 8-208 TRAFFIC AND PARKING REGULATIONS § 8-215 Road Name Location Length Miles Width France Place Enslen Drive to End of Court 352' .0666 32' Galahad Court Knighthood to Cul De Sac 631' .1195 32' Gardenia Rosemary to Lake Street 343' .0649 32' Granite Drive Calumet to Fossil Stone 334' .0632 32' Hillcrest Drive Schmidt Drive to Dead End 1078' .2041 32' Howard Castle Dr. 77th to Dead End 494' .0666 32' Knighthood Calumet Avenue to End 1269' .2403 32' Lake Street Existing by Ivy to Existing Carnation 1782' .3375 32' Lancelot Lane Knighthood to Canterbury Ct. 822' .1556 32' Lindee Circle Donnet Court to End of Court 143' .0270 32' Ridgewood Court Ridgewood Ln. to End of Court 205' .0388 32' Ridgewood Lane Forest Park Dr. to Hillcrest Dr. 1378' .2609 32' Rosemary Court Gardenia to Cul De Sac 1492' .2825 32' Sandy Ridge Court Sandy Ridge Rd. to Cul De Sac 239' .0452 32' Schmidt Drive Start of New Rd. to Hillcrest Dr. 532' .1045 32' Tower Court Knighthood To Cul De Sac 552' .1045 32' Wood Drive Chateau Dr. to Ridgewood Lane 546' .1034 32' 215th Sheffield Ave. to Lake 1058' .2003 32' (Res. No. 92-37, 11-10-92) Sec. 8-209 through Sec. 8-214 Reserved for Future Use. Division VIII. Vehicle Identification. Sec. 8-215 Motor Vehicle Inspections - Fees. (a) Motor vehicle identification inspections. Any person or firm requesting a motor vehicle identification inspection by the Police Department of the Town of Dyer shall be assessed the sum of $5.00 (Five Dollars) which shall be paid in advance for such inspection. 398

2004 S-19

§ 8-215 TRAFFIC AND PARKING REGULATIONS § 8-217 (b) Salvage motor vehicle inspections. Any person or firm requesting a motor vehicle identification inspection by the police department of the Town of Dyer shall be assessed the sum of twenty dollars ($20.00) which shall be paid in advance for such inspection. (c) The fees collected under subsection (a) and (b) shall be deposited in the Town Law Enforcement Continuing Legal Education Fund (LECEF) for the purposes as set forth and permitted by the Town Code Section 2-187, as amended from time to time. (Am. Ord. No. 2003-29, 11-18-03) Sec. 8-216 and Sec. 8-217 Reserved for Future Use. **Pages 400 through 432 Reserved for Future Use.** 399

2004 S-19

Documents

TRAFFIC AND PARKING REGULATIONS ARTICLE 1. … · AND MOTORIZED BICYCLES. Sec. 8-1 Definitions and Interpretation. (a) The following words, terms and phrases, when used in this article,