CHAPTER 70: MOTOR VEHICLES AND TRAFFIC
Section
General Provisions
70.01 Definitions
70.02 Effect of Traffic Code
Administration and Enforcement of Traffic Code
Division 1. Generally
70.03 Required Obedience to Traffic Regulations
70.04 Board of Public Works and Safety
Division 2. Penalties and Procedure of Arrest
70.05 Penalties
70.06 Forms for Notices of Violation and Appearance
70.07 Procedure Upon Citation for Violation
70.08 Notice on Illegally Parked Vehicles
70.09 Failure to Comply with Notice Attached to Parked Vehicle
70.10 When Complaint to be Issued
Enforcement of and Obedience to Traffic Regulations
70.11 Authority of Police Officers; Authority of Members of Fire Department
to Assist Police at Fire
70.12 Obedience to Police and Fire Department Officials
70.13 Persons Propelling Pushcarts or Riding Animals to Obey Traffic Regulations
70.14 Use of Coasters, Roller Skates, and Similar Devices Restricted
70.15 Public Employees to Obey Traffic Regulations
70.16 Special Exemptions for Authorized Emergency Vehicles
70.17 Operation of Vehicles on Approach of Authorized Emergency Vehicles
70.18 Immediate Report of Accident
Operation of Vehicles Generally
Division 1. Generally
70.19 Following Fire Apparatus
70.20 Crossing Fire Hose
70.21 Driving Through Funeral or Other Procession
70.22 Driving in Procession
70.23 Funeral Processions to be Identified
70.24 When Permits Required for Parades and Processions
70.25 Vehicles Not to be Driven on Sidewalk
70.26 Limitations on Backing into Intersection
70.27 Riding on Motorcycles or Mopeds
70.28 Clinging to Moving Vehicles
70.29 Limited Access Roadways
70.30 Boarding or Alighting from Vehicles
70.31 Unlawful Riding
70.32 Driving in Alleys
70.33 Vehicle Noise and Exhaust Limitations
Division 2. Speed Regulations
70.34 Applicability of State Speed Laws
70.35 Speed Limits in Public Parks
Division 3. Turns
70.36 Required Position and Method of Turning at Intersections
70.37 Obedience to Turning Markers
70.38 Obedience to No-Turn Signs
70.39 Limitations on Turning Around
Division 4. One-Way Streets and Alleys
70.40 Operation of Vehicles on Designated One-Way Streets and Alleys
Division 5. Stop Intersections and Yield Intersections
70.41 Stop Signals; Authority to Erect
70.42 Stop Signs; Duty to Stop
70.43 Yield Intersections
Traffic Control Signals and Devices
70.44 Manual and Specifications for Traffic Control Devices
70.45 Obedience to Official Traffic-Control Devices
70.46 Flashing Signals
70.47 Display of Unauthorized Signs, Signals and Markings
70.48 Interference with Official Traffic-Control Devices or Railroad Signs or Signals
Stopping, Standing or Parking
Division 1. Generally
70.49 Stop Required When Emerging from Alley or Private Driveway
70.50 Stop When Traffic Obstructed
70.51 Obedience to Signal Indicating Approach of Railroad Train
70.52 Standing or Parking Close to Curb
70.53 Angle Parking
70.54 Parking Prohibited in Specified Places
70.55 Parking Not to Obstruct Traffic
70.56 Parking in Alleys
70.57 Parking for Certain Purposes Prohibited
Division 2. Restricted or Prohibited on Certain Streets
70.58 Parking Prohibited at All Times on Certain Streets
70.59 Stopping, Standing or Parking Prohibited during Certain Hours on Certain Streets
70.60 Parking Time Limited on Certain Streets
70.61 Parking Signs Required
70.62 Restricted, Impaired Mobility Parking
Abandoned Vehicles
70.63 General Regulations
Buses, Trucks and Other Vehicles
70.64 Vehicles Prohibited on Certain Streets
Corner Visibility
70.65 Corner Visibility
Snow and/or Emergencies and Traffic Control
70.66 Snow and/or Emergency; Commencement, Level and Duration
70.67 Prohibitions on Vehicle Travel and on Parking or
Standing of Vehicles on Snow and/or Ice Emergency Routes
70.68 Enforcement of Restrictions and Fines
School Crossing Guards
70.69 Adult School Crossing Guards; Obedience
Safety Belts
70.70 Safety Belt Use Required
Blocking of Grade Crossings
70.80 Blocking of Grade Crossings Prohibited
70.81 Successive Trains May Not Obstruct Vehicular Traffic
70.82 Penalty
GENERAL PROVISIONS
'70.01 DEFINITIONS
For the purposes of this Traffic Code, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
(A) Adult School Crossing Guard. An adult employed to aid school children in crossing the street by stopping traffic so that pedestrians may cross safely.
(B) Alley. A right-of-way other than a street, road, crosswalk or easement, designed for the special accommodation of the property it reaches.
(C) Authorized Emergency Vehicle. Vehicles of the Fire Department, Police Department, and such ambulances and other vehicles having a public emergency use as are authorized and designated by the Board of Public Works and Safety.
(D) Bicycle. Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground.
(E) Clear Vision Area. An area contained within either of the following:
(1) An area formed by the intersection of the right-of-way lines of two public roadways and a line connecting the points found on the right-of-way lines measured twenty-five (25) feet from the intersection of these right-of-way lines, or
(2) An area contained within a strip five (5) feet wide contiguous to and outside of the right-of-way line of every public roadway.
(F) Crosswalk:
(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway.
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings.
(G) Curb Loading Zone. A space adjacent to a curb, or lateral boundary line of a roadway, reserved for the exclusive use of vehicles while loading or unloading passengers or materials.
(H) Driver. Every person who drives or is in actual physical control of a vehicle.
(I) Intersection. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets which join one another at an angle.
(J) Motorcycle. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.
(K) Motor Vehicle. Every vehicle which is self-propelled but not operated on rails.
(L) Official Traffic-Control Devices. All signs, signals, markings and devices not inconsistent with this Traffic Code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
(M) One-Way Streets. Streets and alleys upon which traffic is allowed to proceed in only one direction instead of two directions.
(O) Parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
(P) Pedestrian. Any person afoot.
(Q) Police Officer. Every member of the Police Department of this City, or any person specifically authorized by the Board of Pubic Works and Safety to direct or regulate traffic or to make arrests for violations of traffic regulations.
(R) Private Road or Driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(S) Railroad. A carrier of persons or property upon cars operated upon stationery rails.
(T) Railroad Train. An engine, whether powered by steam, gasoline, electric, diesel or other type motor, with or without cars coupled thereto, operated upon rails.
(U) Right-of-Way. The privilege of the immediate use of the roadway; or, the land covered by a path, street, or highway, including any legal easements, which lawfully may be used for travel.
(V) Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel.
(W) Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(X) Stop. Complete cessation of movement.
(Y) Stop Intersection. An intersection where traffic on one street is required by law to stop before entering or crossing the same when AStop@ signs are erected as provided in this Traffic Code.
(Z) Stop, Stopping or Standing. Any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with traffic or in compliance with the direction of a Police Officer or traffic-control sign or signal.
(AA) Street or Highway. The entire width between the boundary lines of every way publicly maintained, except alleys, when any part thereof is open to the use of the public for purposes of vehicular travel.
(BB) Traffic. The movement of persons, vehicles and other conveyances, either singly or together, for purposes of travel.
(CC) Traffic-Control Signal. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed, or is otherwise controlled.
(DD) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon or across a street.
(EE) Yield Intersection. An intersection where traffic entering on one street is required to slow down to a speed reasonable for existing conditions, or stop if necessary before entering or crossing the same, when "Yield" signs are erected as provided in this Traffic Code.
[G-00-13, passed 12-12-00]
'70.02 EFFECT OF TRAFFIC CODE
(A) This entire Traffic Code shall be deemed and construed to be an exercise of the police powers of this City for the preservation and protection of public safety, and all of its provisions shall be liberally construed with a view to the effectuation of such purpose.
(B) The traffic laws of the State of Indiana and the traffic ordinances of Allen County, Indiana, in effect in a territory which is annexed by the City of New Haven shall, immediately upon the effective date of an annexation, become traffic ordinances of the City of New Haven.
[G-00-13, passed 12-12-00]
ADMINISTRATION AND ENFORCEMENT OF TRAFFIC CODE
Division 1. Generally
'70.03 REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS
It is unlawful for any person to do any act forbidden or fail to perform any act required in this Traffic Code. Violations of the acts forbidden herein will result in a civil action with a possible fine penalty upon proof of the violation pursuant to IC 34-28-5.
[G-00-13, passed 12-12-00]
'70.04 BOARD OF PUBLIC WORKS AND SAFETY
(A) The Board of Public Works and Safety is empowered:
(1) To make regulations necessary to make effective the provisions of this Traffic Code.
(2) To make regulations to carry out its delegated authority hereunder.
(B) All regulations of the Board of Public Works and Safety shall be adopted by such Board by formal resolution which resolution shall recite the provision of this Traffic Code to be made effective by such regulation, the section of this Traffic Code under which delegated authority is carried out or the emergency or special condition requiring the temporary or experimental regulation provided therein, as the case may be.
(C) The Board of Public Works and Safety shall have the authority to:
(1) Place and maintain traffic-control signs, signals and devices when and as required to make effective the provisions of this Traffic Code or other traffic ordinances of this City, or to facilitate the movement or promote the safety of traffic at an intersection, and to place and maintain such additional traffic-control devices as it may deem necessary to regulate traffic under State law.
(2) Authorize or designate authorized emergency vehicles.
(3) Designate "stop" intersections.
(4) Establish speed limits.
(5) Designate "yield" intersections.
(6) Determine angle parking locations.
(7) Restrict parking.
(8) Designate curb loading zones.
(9) Designate bus and taxi stands.
(10) Designate crosswalks, safety zones, and mark traffic lanes.
(11) Determine turn restrictions.
(12) Designate one-way streets and alleys.
(13) Designate weight restrictions and truck routes.
(14) Designate routes and operating requirements for motor vehicles transporting hazardous materials in and through the City of New Haven.
[Ord. G-00-13, passed 12-12-00]
Division 2. Penalties and Procedure of Arrest
'70.05 PENALTIES
Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this Traffic Code shall be punished by a fine of not more than $1,000.00 per violation.
[Ord. G-00-13, passed 12-12-00]
'70.06 FORMS FOR NOTICES OF VIOLATION AND APPEARANCE
The City Clerk Treasurer shall provide, in triplicate, suitable, serially numbered forms for notifying violators to appear and answer to charges of violating this Traffic Code and other laws and ordinances of this City. Such forms shall be issued to and receipted for by the Chief of Police or other person acting for him. The City Clerk Treasurer shall each month report to the Mayor the disposal made by the Police of all triplicate forms issued to them. For this purpose, the City Clerk Treasurer or his/her representative shall have access to the necessary records of the Police Department. These reports shall be public records.
[Ord. G-00-13, passed 12-12-00]
'70.07 PROCEDURE UPON CITATION FOR VIOLATION
Any Police Officer, upon observing violation of this Traffic Code or other traffic ordinances of this City, shall take the name, address and operator's license number of the alleged violator and the registered number of the motor vehicle involved, and shall issue to him in writing, on the form provided by the City Clerk Treasurer, a notice to answer to the charge against him at a place and at a time at least five days thereafter, to be specified in the notice.
[Ord. G-00-13, passed 12-12-00]
'70.08 NOTICE ON ILLEGALLY PARKED VEHICLES
Whenever any motor vehicle without a driver is found parked, standing or stopped in violation of any of the restrictions imposed by this Traffic Code or other ordinance of this City, or by State law, the Officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to such vehicle a notice in writing, on the form provided by the Police Chief for the driver to answer to the charge against him within 48 hours.
[Ord. G-00-13, passed 12-12-00]
'70.09 FAILURE TO COMPLY WITH NOTICE ATTACHED TO PARKED VEHICLE
If a violator of the restrictions on stopping, standing or parking under this Traffic Code or other traffic laws or ordinances does not appear in response to a notice affixed to such motor vehicle within a period of 48 hours, the Police Department shall send to the owner of the motor vehicle to which the Police affixed a notice a letter informing him of the violation and warning him that in the event such violator continues to disregard the notice, a complaint will be filed and warrant for the arrest issued.
[Ord. G-00-13, passed 12-12-00]
'70.10 WHEN COMPLAINT TO BE ISSUED
In the event any person fails to comply with a notice given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance, the City Clerk Treasurer shall forthwith have a complaint entered against such person.
[Ord. G-00-13, passed 12-12-00]
ENFORCEMENT OF AND OBEDIENCE
TO TRAFFIC REGULATIONS
'70.11 AUTHORITY OF POLICE OFFICERS; AUTHORITY OF MEMBERS
OF FIRE DEPARTMENT TO ASSIST POLICE AT FIRE
(A) It shall be the duty of the Officers of the Police Department of this City to enforce all traffic laws of this City and all State laws applicable to traffic in this City.
(B) Officers of the Police Department of this City are hereby authorized to direct all traffic in conformance with all traffic laws and regulations; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, Officers of the Police Department shall direct traffic without regard to traffic laws and regulations.
(C) Members of the Fire Department, when at the scene of a fire, may direct or assist the Police in directing traffic thereat or in the immediate vicinity thereof.
[Ord. G-00-13, passed 12-12-00]
'70.12 OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS
No person shall willfully fail to refuse to comply with any lawful order or direction of a Police Officer or Fire Department official.
[Ord. G-00-13, passed 12-12-00]
'70.13 PERSONS PROPELLING PUSHCARTS OR RIDING
ANIMALS TO OBEY TRAFFIC REGULATIONS
Every person propelling any pushcart or riding an animal upon a street, and every person driving any animal-drawn vehicle shall be subject to the provisions of this Traffic Code applicable to the driver of any vehicle, except those provisions of this Traffic Code which by their very nature can have no application.
[Ord. G-00-13, passed 12-12-00]
'70.14 USE OF COASTERS, ROLLER SKATES, AND
SIMILAR DEVICES RESTRICTED
No person upon roller skates or riding in or by means of any coaster or similar device, except bicycles when operated in accordance with this Traffic Code, shall go upon any roadway except while crossing a street on a crosswalk, and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
[Ord. G-00-13, passed 12-12-00]
'70.15 PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS
The provisions of this Traffic Code shall apply to the driver of any vehicle owned by or used in the service of the United States government, this State, county, township, or this City, and it shall be unlawful for any such driver to violate any of the provisions of this Traffic Code, except as otherwise permitted in this Traffic Code or by State statutes.
[Ord. G-00-13, passed 12-12-00]
'70.16 SPECIAL EXEMPTIONS FOR AUTHORIZED EMERGENCY VEHICLES
(A) The provisions of this Traffic Code shall apply to a driver of an authorized emergency vehicle as defined in this Traffic Code; except, when such vehicle is employed in the performance of an emergency duty or in lawful pursuit, unless otherwise directed by a Police Officer, the driver may:
(1) Park or stand notwithstanding the provisions of this Traffic Code.
(2) Proceed past a red or stop signal, yellow or caution signal, or Stop sign, but only after slowing down as may be necessary to avoid endangering life or property.
(3) Exceed the prima facie speed limits so long as he/she does not endanger life or property.
(4) Disregard regulations governing direction of movement or turning in specified directions, so long as he/she does not endanger life or property.
(B) The exemptions hereinbefore granted in reference to the movement of an emergency vehicle shall apply only when the driver of such vehicle sounds a siren, bell or exhaust whistle as may be reasonably necessary, and the vehicle displays a lighted red lamp visible from the front under normal atmospheric conditions a distance of 500 feet as a warning to others.
[Ord. G-00-13, passed 12-12-00]
'70.17 OPERATION OF VEHICLES ON APPROACH
OF AUTHORIZED EMERGENCY VEHICLES
Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible from the front under normal atmospheric conditions a distance of 500 feet, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the curb of the roadway, clear of any intersection, and shall stop and remain in such position until such authorized emergency vehicle has passed, except when otherwise directed by a Police Officer.
[Ord. G-00-13, passed 12-12-00]
'70.18 IMMEDIATE REPORT OF ACCIDENT
The driver of a vehicle involved in an accident resulting in injury to or death of any person or in property damage shall immediately, by the quickest means of communication, give notice of such accident to the Police Department.
[Ord. G-00-13, passed 12-12-00]
OPERATION OF VEHICLES GENERALLY
Division 1. Generally
'70.19 FOLLOWING FIRE APPARATUS
No driver of any vehicle, other than one on official business in connection with a fire, shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
[Ord. G-00-13, passed 12-12-00]
'70.20 CROSSING FIRE HOSE
No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, alley or private driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
[Ord. G-00-13, passed 12-12-00]
'70.21 DRIVING THROUGH FUNERAL OR OTHER PROCESSION
No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Traffic Code.
[Ord. G-00-13, passed 12-12-00]
'70.22 DRIVING IN PROCESSION
Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe.
[Ord. G-00-13, passed 12-12-00]
'70.23 FUNERAL PROCESSIONS TO BE IDENTIFIED
A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of pennant or other identifying insignia.
[Ord. G-00-13, passed 12-12-00]
'70.24 WHEN PERMITS REQUIRED FOR PARADES AND PROCESSIONS
No funeral procession or parade containing 200 or more persons or 50 or more vehicles, excepting the military forces of the United States, the military forces of this State, and the forces of the Police and Fire Departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth in this Traffic Code which may apply.
[Ord. G-00-13, passed 12-12-00]
'70.25 VEHICLES NOT TO BE DRIVEN ON SIDEWALK
The driver of a vehicle shall not drive in, on or across any sidewalk, except at a permanent or temporary driveway or alley.
[Ord. G-00-13, passed 12-12-00]
'70.26 LIMITATIONS ON BACKING INTO INTERSECTION
No driver of a vehicle shall back such vehicle across any marked or unmarked crosswalk or into any intersection, nor shall he/she back such vehicle at any other place unless such movement can be made with reasonable safety and without interfering with other traffic.
[Ord. G-00-13, passed 12-12-00]
'70.27 RIDING ON MOTORCYCLES OR MOPEDS
A person operating a motorcycle or moped shall not ride other than upon the permanent and regular seat attached thereto or carry any other person, nor shall any other person ride upon such motorcycle other than upon a firmly attached seat to the rear or side of the operator.
[Ord. G-00-13, passed 12-12-00]
'70.28 CLINGING TO MOVING VEHICLES
No person riding upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle shall attach the same or himself to any moving vehicle upon any roadway.
[Ord. G-00-13, passed 12-12-00]
'70.29 LIMITED ACCESS ROADWAYS
No person shall drive a vehicle onto or from any limited access roadway, except at such entrances and exits as are established by public authority.
[Ord. G-00-13, passed 12-12-00]
'70.30 BOARDING OR ALIGHTING FROM VEHICLES
No person shall board or alight from any vehicle when such vehicle is in motion.
[Ord. G-00-13, passed 12-12-00]
'70.31 UNLAWFUL RIDING
No person shall ride on any vehicle or 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, or to persons riding within truck bodies in space intended for merchandise.
[Ord. G-00-13, passed 12-12-00]
'70.32 DRIVING IN ALLEYS
No driver of any vehicle shall drive into, on or through any alley or any portion thereof except for the purpose of going to or departing from a place or property abutting on the section or block of such alley which such driver has caused his/her vehicle to enter.
[Ord. G-00-13, passed 12-12-00]
'70.33 VEHICLE NOISE AND EXHAUST LIMITATIONS
(A) No person shall use or operate, except in emergency situations, on any street within the City of New Haven, any vehicle engine compression brake, commonly known as a AJake Brake.@
(B) No motor vehicle shall be used or operated within the City when such motor vehicle has attached or installed to it any device which causes fire or flame to be thrown from the exhaust pipe of such motor vehicle.
[G-04-18, passed 12-28-04]
Division 2. Speed Regulations
'70.34 APPLICABILITY OF STATE SPEED LAWS
The laws of the State establishing or regulating speed limits for vehicles on public streets or highways shall apply to all public streets or highways within the City, except in the circumstances where such limits have been increased or decreased. It shall be unlawful for any person to drive or operate a vehicle in excess of any speed so determined, when signs are in place giving notice thereof. A listing of each City street, highway or portion thereof upon which the speed limit has been increased or decreased by local authorities of the City, as herein authorized, shall be forwarded to the City Clerk Treasurer, who shall make such list available for public inspection. (See also Chapter 72 Schedule I). All changes in such listing may be made by Resolution of the Board of Public Works and Safety and shall be promptly attached to such listing by the City Clerk Treasurer.
[Ord. G-00-13, passed 12-12-00]
'70.35 SPEED LIMITS IN PUBLIC PARKS
A speed limit of 15 miles per hour shall be declared the prima facie limit upon all streets and roads of the City park system; provided, that at or near hazardous or congested locations, a speed limit less than that specified in this Section may be established, and traffic speed control devices installed, when deemed necessary by Resolution of the Board of Public Works and Safety.
[Ord. G-00-13, passed 12-12-00]
Division 3. Turns
'70.36 REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(A) Both the approach for a right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(B) The approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.
(C) The approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection.
(D) Where both streets or roadways are one-way, both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
[Ord. G-00-13, passed 12-12-00]
'70.37 OBEDIENCE TO TURNING MARKERS
When authorized markers, traffic lanes or other indicators are placed indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indicators.
[Ord. G-00-13, passed 12-12-00]
'70.38 OBEDIENCE TO NO-TURN SIGNS
Whenever authorized signs are erected indicating that no right, left or "U" turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.
[Ord. G-00-13, passed 12-12-00]
'70.39 LIMITATIONS ON TURNING AROUND
No driver of any vehicle shall turn such vehicle so as to proceed in the opposite direction, herein otherwise referred to as a "U" turn, upon any street unless such movement can be made in safety and without interfering with other traffic.
[Ord. G-00-13, passed 12-12-00]
Division 4. One-Way Streets and Alleys
'70.40 OPERATION OF VEHICLES ON DESIGNATED
ONE-WAY STREETS AND ALLEYS
Upon those streets and parts of streets and in those alleys described on a list maintained on file in the Office of the City Clerk Treasurer (see also Chapter 72 Schedule II), vehicular traffic shall move only in one direction and movement in the opposite direction is prohibited; provided, that signs indicating the direction in which the traffic is allowed to proceed must be maintained at every intersection where a one-way street has been designated.
[Ord. G-00-13, passed 12-12-00]
Division 5. Stop Intersections and Yield Intersections
'70.41 STOP SIGNS; AUTHORITY TO ERECT
Whenever this Traffic Code or any ordinance of this City designates and describes a stop intersection, it shall be the duty of the City Engineer to place and maintain a Stop sign on each street intersecting that portion thereof which is described and designated in the list of stop intersections maintained on file in the Office of the City Clerk Treasurer.
[Ord. G-00-13, passed 12-12-00]
'70.42 STOPS SIGNS; DUTY TO STOP
A person who drives a vehicle shall stop at an intersection where a stop sign is erected and proceed cautiously, yielding to vehicles that are not required to stop.
[Ord. G-00-13, passed 12-12-00]
'70.43 YIELD INTERSECTIONS
(A) Yield signs; authority to erect. Whenever this Traffic Code or any ordinance of this City designates and describes a yield intersection, it shall be the duty of the City Engineer to place and maintain a Yield sign on each street intersecting that portion thereof which is described and designated in the list of yield intersections maintained on file in the Office of the City Clerk Treasurer. (See also Chapter 72 Schedule IV).
(B) Obedience to signs. A person who drives a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions or stop if necessary. The person shall yield the right-of-way to a pedestrian legally crossing the roadway and to a vehicle in the intersection or approaching on another highway or street so closely as to present an immediate hazard. After yielding, the person may proceed, and all other vehicles approaching the intersection shall yield to the vehicle proceeding.
[Ord. G-00-13, passed 12-12-00]
TRAFFIC CONTROL SIGNALS AND DEVICES
'70.44 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 Department. All signs required by this Traffic Code for a particular purpose shall be uniform as to type and location throughout the City. All traffic-control devices so erected and not inconsistent with the provisions of State law or this Traffic Code shall be official traffic-control devices.
[Ord. G-00-13, passed 12-12-00]
'70.45 OBEDIENCE TO OFFICIAL TRAFFIC-CONTROL DEVICES
A pedestrian or the driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with this Traffic Code or other ordinances of this City, unless otherwise directed by a Police Officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Traffic Code.
[Ord. G-00-13, passed 12-12-00]
'70.46 FLASHING SIGNALS
Whenever flashing red or yellow signals are used, they shall require obedience by traffic as follows:
(A) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, traffic shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a Stop sign.
(B) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, traffic may proceed through the intersection or past such signal only with caution.
[Ord. G-00-13, passed 12-12-00]
'70.47 DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS AND MARKINGS
(A) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, which attempts to direct the movement of traffic, or which hides from view any device or any railroad sign or signal; and no person shall place or maintain, nor shall any public authority permit, upon any streets any traffic sign or signal bearing thereon any commercial advertising. No person shall place, maintain or display any flashing, rotating or alternating light, beacon or other lighted device which is visible from any highway and which may be mistaken for or confused with a traffic-control device or for an authorized warning device or an emergency vehicle. This shall not be deemed to prohibit the erection, upon private property adjacent to highways, of signs giving useful directional information and a type that cannot be mistaken for official signs.
(B) Every such prohibited sign, signal, device or marking is declared to be a public nuisance, and the Police Department is empowered and required to remove the same without notice.
[Ord. G-00-13, passed 12-12-00]
'70.48 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 or remove any official traffic-control device or any sign or signal, or any inscription, shield or insignia thereon, or any other part thereof.
[Ord. G-00-13, passed 12-12-00]
STOPPING, STANDING, OR PARKING
Division 1. Generally
'70.49 STOP REQUIRED WHEN EMERGING FROM
ALLEY OR PRIVATE DRIVEWAY
The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk area extending across an alleyway, yielding the right-of-way to any pedestrian, as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.
[G-00-13, passed 12-12-00]
'70.50 STOP WHEN TRAFFIC OBSTRUCTED
No driver of a vehicle shall enter an intersection or a marked crosswalk unless and until there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he/she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.
[G-00-13, passed 12-12-00]
'70.51 OBEDIENCE TO SIGNAL INDICATING APPROACH OF RAILROAD TRAIN
(A) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than ten feet from the nearest rail of such railroad, and shall not proceed until he/she can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electrical or mechanical signal device gives warning of the immediate approach of a railroad train.
(2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train.
(3) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible for such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(B) No person shall drive any vehicle through around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.
[G-00-13, passed 12-12-00]
'70.52 STANDING OR PARKING CLOSE TO CURB
No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of a lawful traffic movement except where the parking area has been designated as angle parking.
[G-00-13, passed 12-12-00]
'70.53 ANGLE PARKING
No person shall stand or park a vehicle in a roadway parallel to the edge of the curb when the area has been designated as an area for angle parking by the City Engineer and is marked as such with either signs or painted lines and is indicated on a list of angle parking streets maintained in the Office of the City Clerk Treasurer. (See also Chapter 71 Schedule I.)
[G-00-13, passed 12-12-00]
'70.54 PARKING PROHIBITED IN SPECIFIED PLACES
(A) No person shall park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a Police Officer or traffic-control device in any of the following places or manner:
(1) On a sidewalk or where any portion of said vehicle, or any item on, or contained in, or attached to said vehicle, obstructs any portion of a sidewalk.
(2) In front of a public or private driveway.
(3) Within an intersection.
(4) Within 15 feet of a fire hydrant.
(5) On a crosswalk.
(6) Within 20 feet of a crosswalk at an intersection.
(7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic- control signal located at the side of a roadway.
(8) Within 50 feet of the nearest rail or a railroad crossing.
(9) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance of any fire station within 75 feet of such entrance, when properly signposted.
(10) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
(11) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(12) Upon any bridge or other elevated structure upon a highway or beneath a highway overpass.
(13) At any place where official signs prohibit parking.
(14) Upon any street for any period of time longer than 72 continuous hours, except on Saturdays, Sundays and holidays; provided, that this Section shall not be deemed to apply to utility, signal and street repair vehicles when necessary performance of their primary function requires otherwise.
(15) At any place posted with temporary "No Parking" signs authorized by the Chief of Police.
(16) More than 12 inches from the curb.
(17) With the vehicle facing in the direction opposite the direction of traffic on the side of the street where the vehicle is parked.
(18) In the rear of the North Fire Station; provided, that this section shall not be deemed to prohibit firefighters from parking in such area.
(19) (a) In a front yard, in a side yard on the street side of a corner lot, or in a rear yard that abuts a street.
(b) For the purposes of this sub-section, parking shall not be prohibited in the following areas:
(i) An improved space in the prohibited parking area used as a parking space before this ordinance is adopted, provided that the entrance to the approved area is via a driveway or curb cut, except where adjacent to a paved street where there is no curb.
(ii) Parking in any portion of the driveway that lawfully may be located in the front yard, rear yard, or side yard, except the portion that is a part of the sidewalk.
(iii) Parking within 10 feet of the edge of the street where no curb is present, within the existing right-of-way, and in an improved area.
(iv) Any improved area designated for parking meeting the requirements of the New Haven Zoning Code.
(v) Where the vehicle is parked for the purpose of unloading, washing, or some other similar purpose. The vehicle, however, must be removed from the front yard, side yard, or rear yard once the task is completed.
[G-00-13, passed 12-12-00; G-02-15, passed 9-10-02; G-03-25, passed 12-23-03]
'70.55 PARKING NOT TO OBSTRUCT TRAFFIC
(A) No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway unobstructed for the free movement of vehicular traffic.
(B) No person shall park any vehicle within ten (10) feet of traveled portion of any four (4) lane street.
[G-00-13, passed 12-12-00]
'70.56 PARKING IN 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 feet of the width of the roadway for the free movement of vehicular traffic, except while loading or unloading, 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.
[G-00-13, passed 12-12-00]
'70.57 PARKING FOR CERTAIN PURPOSES PROHIBITED
No person shall park a vehicle upon any roadway for the principal purpose of:
(A) Displaying such vehicle for sale or for the primary purpose of advertising any product or thing whatsoever.
(B) Greasing or repairing such vehicle, except repairs necessitated by an emergency.
[G-00-13, passed 12-12-00]
Division 2. Restricted or Prohibited on Certain Streets
'70.58 PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS
When signs are erected pursuant to this Division giving notice thereof, no person shall park a vehicle at any time upon any of the streets described on the list maintained on file in the Office of the City Clerk Treasurer. (See also Chapter 71 Schedule II.)
[G-00-13, passed 12-12-00]
'70.59 STOPPING, STANDING OR PARKING PROHIBITED
DURING CERTAIN HOURS ON CERTAIN STREETS
When signs are erected in each block giving notice of certain hours during which parking is prohibited, no person shall stop, stand or park a vehicle on the street between the hours specified, on any day except Sundays and holidays; a list of the streets containing such prohibitions is to be maintained in the Office of the City Clerk Treasurer. (See also Chapter 71 Schedule III.)
[G-00-13, passed 12-12-00]
'70.60 PARKING TIME LIMITED ON CERTAIN STREETS
Two hour parking. When signs are erected in each block pursuant to this Division giving notice thereof, no person shall park a vehicle for longer than two hours at any time between the hours of 6:00 a.m. and 6:00 p.m. of any day except Sundays and holidays within the district or upon any of the streets described in the lists maintained on file in the Office of the City Clerk Treasurer. (See also Chapter 71 Schedule IV.)
[G-00-13, passed 12-12-00]
'70.61 PARKING SIGNS REQUIRED
Whenever by this Traffic Code or by any other ordinance of this City any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the City Engineer to erect appropriate signs giving notice thereof, and no such regulation shall be effective unless such signs are erected and in place at the time of any alleged offense.
[G-00-13, passed 12-12-00]
'70.62 RESTRICTED, IMPAIRED MOBILITY PARKING
No person shall stop, stand or park a vehicle in a space designated for impaired mobility parking unless the vehicle bears a license plate or decal issued by the State of Indiana or another state containing the international wheelchair symbol or such other symbol as the Commission of the Bureau of Motor Vehicles of the State of Indiana or any other State shall designate to distinguish a vehicle used by or to transport an impaired mobility person. A list of such restricted parking areas is to be maintained on file in the Office of the City Clerk Treasurer. (See also Chapter 71 Schedule V.)
[G-00-13, passed 12-12-00]
ABANDONED VEHICLES
'70.63 GENERAL REGULATIONS
It shall be unlawful for any person to abandon any vehicle on any public or private premises within the City or to leave any vehicle at any place within the City for such time and under circumstances which would reasonably make such vehicle appear to have been abandoned. No person shall leave any partially dismantled, non-operating, wrecked or junked vehicles on any public or private premises within the City.
[G-00-13, passed 12-12-00]
BUSES, TRUCKS AND OTHER VEHICLES
'70.64 VEHICLES PROHIBITED ON CERTAIN STREETS
(A) Drivers of commercial vehicles of one ton capacity or more are hereby prohibited from operating or driving such vehicles on streets not designated as truck routes except for purposes of pickup and delivery service to places located along nondesignated streets, in which case such driver shall cause such vehicle to enter upon and leave the same at the street intersection nearest to the point where such pickup or delivery is made. The streets or portions of streets which are designated as truck routes are described on the list maintained on file in the Office of the City Clerk-Treasurer. (See also Chapter 72, Section V).
(B) Commercial motor vehicles, recreational vehicles, watercraft or trailers may not be parked in any street or alley within the City of New Haven except during such time as is reasonably necessary to make a bona fide pickup or delivery.
(C) For the purposes of subparagraph (B), above, the following terms shall have the following meaning:
(1) Commercial Motor Vehicle. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) has a gross combination weight rating of at least 26,000 pounds, including the weight of any towed unit;
(b) has a gross vehicle weight rating of at least 26,000 pounds;
(c) is designed to transport at least sixteen (16) passengers, including
the driver; or
(d) is:
(i) of any size;
(ii) used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation
Act; and,
(iii) required to be placarded under the Hazardous Materials
Regulations (49CFR Part 172, Subpart F).
(2) Recreational Vehicle. A device designed for travel, recreational camping, or vacation purposes which either has its own motor power or is mounted on or drawn by another vehicle, including but not limited to travel trailers, camping trailers, truck campers, and motor homes.
(3) Watercraft. Any instrumentality or device in or by means of which a person may be transported upon the public water of Indiana. The term includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe:
(a) of any length or size; and
(b) whether or not used to carry passengers for hire.
(4) Trailer. A vehicle designed for transporting cargo or one or more watercraft and which is designed to be towed.
[G-00-13, passed 12-12-00]
CORNER VISIBILITY
'70.65 CORNER VISIBILITY
No fence, wall, hedge or other planting or other obstruction to vision, extending in excess of three feet above or hanging lower than eight feet above the established street centerline grade shall be erected, planted or maintained in the City limits. If any owner shall fail to remove any such obstructions within 15 days after notice, the City Traffic Engineer may cause them to be removed at the expense of the owner. The Police Department, Street Department, Park Department and Building Department will cooperate with the Traffic Engineer in the enforcement of this provision.
[G-00-13, passed 12-12-00]
SNOW AND/OR ICE EMERGENCIES
AND TRAFFIC CONTROL
'70.66 SNOW AND/OR ICE EMERGENCY;
COMMENCEMENT, LEVEL, AND DURATION
(A) A Snow and/or Ice Emergency shall commence by executive order, determination and proclamation by the Mayor of the City, before, during or after a snowfall or ice event when, in his/her sound judgment and discretion, the circumstances warrant the determination of such an emergency for the public safety of the City.
(B) The Mayor of the City shall designate the level of the Snow and/or Ice Emergency as follows:
(1) Level 1. A Level 1 Snow and/or Ice Emergency is declared when ice and/or
snow creates moderately hazardous travel conditions; at this level, vehicles will be prohibited from parking or standing on any routes or streets designated as Snow and/or Ice Emergency Routes and motorists will be requested to refrain from unnecessary travel.
(2) Level 2. A Level 2 Snow and/or Ice Emergency is declared when ice and/or
snow creates moderately severe hazardous travel conditions; at this level, vehicles will be prohibited from parking or standing on any routes or streets designated as Snow and/or
Ice Emergency Routes; City government offices will be closed; City meetings will be canceled; and only emergency travel will be allowed on City streets.
(3) Level 3. A Level 3 Snow and/or Ice Emergency is declared when ice and/or
snow creates extremely severe hazardous travel conditions; at this level, vehicles will be prohibited from parking or standing on any routes or streets designated as Snow and/or
Ice Emergency Routes; City government offices will be closed; all scheduled City
Meetings will be canceled; and all motor vehicle traffic will be prohibited with the
exception of authorized emergency vehicles.
(C) Such Snow and/or Ice Emergency shall continue in effect until the Mayor of the City determines that an emergency no longer exists and accordingly terminates such emergency.
(D) For the purposes of this subchapter, the following words shall have the indicated meanings:
(1) Emergency. AEmergency@ means a situation that could not reasonably be
foreseen and that threatens one or more person=s health, welfare, property, or safety and requires immediate action.
(2) Authorized Emergency Vehicle. AAuthorized Emergency Vehicle@ means the following:
(a) Fire Department vehicles and vehicles operated by members of a fire
department while responding to or preventing an emergency.
(b) Police Department vehicles operated by members of a police
department while responding to or preventing an emergency.
(c) Emergency Medical Service vehicles and vehicles operated by members of an emergency medical service responding to or preventing an emergency.
(d) Vehicles owned or operated by the United States of America, State of
Indiana, Allen County, or City of New Haven while used for official business related to the Snow and/or Ice Emergency or a condition caused thereby.
(e) Other vehicles such as public utility vehicles, fuel service vehicles, or
the like, as shall have provided prior notice to the Chief of Police while used for official business related to the Snow and/or Ice Emergency or a condition caused thereby. Such use shall be subject to any restrictions or conditions related to the
Snow and/or Ice Emergency as may be imposed by the Chief of Police.
[G-00-13, passed 12-12-00]
'70.67 PROHIBITIONS ON VEHICLE TRAVEL AND ON PARKING OR
STANDING OF VEHICLES ON SNOW AND/OR ICE EMERGENCY
ROUTES
(A) It shall be unlawful for the owner, driver or operator of any vehicle to park or stop the same or to permit the same to be parked or to stand at any time during the period of any Level 1, Level 2, or Level 3 Snow and/or Ice Emergency on any of the routes or streets listed on the list maintained in the Office of the City Clerk Treasurer. (see also Chapter 71 Schedule VI.) Any police officer upon discovering any such vehicle so parked or stopped in violation of this subchapter, may remove such vehicle or cause the same to be removed.
(B) It shall be unlawful for a motor vehicle operator to travel on a City street during a Level 2 Snow and/or Ice Emergency for a non-emergency purpose or during a Level 3 Snow and/or Ice Emergency unless authorized.
[G-00-13, passed 12-12-00]
'70.68 ENFORCEMENT OF RESTRICTIONS AND FINES
(A) Any motor vehicle operator traveling on a City street during a Level 2 Snow and/or Ice Emergency for a non-emergency purpose or during a Level 3 Snow and/or Ice Emergency unless authorized may be fined not more than One Thousand Five Hundred Dollars ($1,500.00) per violation.
(B) Owners or operators of vehicles that block, obstruct, delay, or otherwise interfere with emergency services personnel or road crews during any Level 1, Level 2, or Level 3 Snow and/or Ice Emergency may be fined not more than One Thousand Five Hundred Dollars ($1,500.00) per violation.
(C) Vehicles that impede emergency services personnel or road crews during any Level 1, Level 2, or Level 3 Snow and/or Ice Emergency will be subject to removal.
[G-00-13, passed 12-12-00]
SCHOOL CROSSING GUARDS
'70.69 ADULT SCHOOL CROSSING GUARDS, OBEDIENCE
The operator of a motor vehicle shall obey the Stop sign and signal of any adult school crossing guard when on duty, and bring his/her vehicle to a stop not less than 12 feet from said adult crossing guard in order to allow pedestrians to cross the street in a safe manner.
[G-00-13, passed 12-12-00]
SAFETY BELTS
'70.70 SAFETY BELT USE REQUIRED
(A) 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 CFR 571.208) shall have a safety belt properly fastened about the occupant's body at all times when the vehicle is in forward motion.
(B) This Section shall not apply to any person described by Indiana Code Section 9-19-10-1.
[G-00-13, passed 12-12-00]
BLOCKING OF GRADE CROSSINGS
'70.80 BLOCKING OF GRADE CROSSINGS PROHIBITED
It shall be unlawful for a railroad corporation to permit any train, railroad car, or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reasons of circumstances over which the railroad corporation has no control.
[Ord. G-00-13, passed 12-12-00]
'70.81 SUCCESSIVE TRAINS MAY NOT OBSTRUCT VEHICULAR TRAFFIC
It shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad-highway grade crossing until all vehicular traffic previously delayed by such train movements has been cleared or a period of five (5) minutes has elapsed between train movements.
[Ord. G-00-13, passed 12-12-00]
'70.82 PENALTY
A railroad corporation which violates this Traffic Code shall be punished by a fine of at least one hundred dollars ($100), but not more than five hundred dollars ($500), for each violation.
[Ord. G-00-13, passed 12-12-00]
