§ 8-1. Definitions generally

The following words and phrases when used in this traffic code shall, for the purpose of this traffic code, have the meanings respectively ascribed to them in this article. Those words and phrases not specifically addressed herein shall be governed by the Indiana Code definition.

(a) Accident means acts and omission to act which are intentional, wilful and wanton conduct or done with a reckless disregard for the rights of others, negligent, inexcusable under the law, or unpreventable or unforeseeable. (I.C. 9-3-1-1(e))

(b) Alley means a public thoroughfare which affords only secondary means of vehicular access to abutting property.

(c) Authorized emergency vehicle means the following:

(1) Vehicles of the fire department, police vehicles, medical services vehicles, and ambulances and other emergency vehicles operated by or for hospitals, or health and hospital corporations under I.C., 16-12-21.

(2) Vehicles other than ambulances which are owned by persons, firms, or corporations other than hospitals, are used in emergency service and are designated as emergency vehicles by the Indiana Department of Highways.

(3) Ambulances which are owned by persons, firms, or corporations other than hospitals and which are approved by the Indiana Emergency Medical Services Commission. (I.C. 9-4-1-2(d))

(d) Bicycle means any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground. (I.C. 9-4-1-2(f))

(e) Bus means every motor vehicle and every passenger-carrying semitrailer used for the purpose of carrying passengers on a regular schedule of time and rates between fixed termini. (I.C. 9-1-1-2(1))

(f) Business district means the territory contiguous to and including a highway when fifty (50) percent or more of the frontage thereon for a distance of five hundred (500) feet or more is occupied by buildings in use for business. (I.C. 9-4-1-18(a))

(g) Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property.

(h) Crosswalk means 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; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (I.C. 9-4-1-16)

(i) Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or freight.

(j) Flagman means any authorized person directing traffic at a worksite. (I.C. 9-4-1-19.5)

(k) Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.

(l) Handicapped means any person who:

(1) has a temporary or permanent physical disability that requires the use of a wheelchair, walker, braces, or crutches;

(2) has temporarily or permanently lost the use of one (1) or both legs, or one (1) or both arms, or any combination thereof; or

(3) is certified by a physician having an unlimited license to practice medicine in Indiana to be severely restricted in mobility, either temporarily or permanently, by a pulmonary or cardiovascular disability, visual impairment, arthritic or neurological impairment or any combination thereof. (I.C. 9-7-4.1-1 and I.C. 5-16-9-7(a))

(m) Intersection means 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 (2) highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

When a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. (I.C., 9-4-1-15)

(n) Interstate highway means a portion of the national system of interstate and defense highways. (I.C., 8-12-2-2(a))

(o) Laned highway means a public highway which is divided into three (3) or more clearly marked lanes for vehicular traffic. (I.C., 9-4-1-14(e))

(p) Limited access facility means a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of direct access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded, or they may be freeways open to use by all customary forms of street and highway traffic. (I.C., 8-11-1-2)

(q) Major recreational equipment means every vehicle with or without motive power equipped exclusively for living quarters for persons traveling upon the public highways including travel trailers, travel coaches, pickup campers, motorized dwellings, tent trailers and in addition thereto boats and boat trailers, snowmobiles and snowmobile trailers and other motive and non-motive recreational equipment of a similar nature and attendant trailers. (I.C., 9-1-1-2(t))

(r) Medical services vehicle means every vehicle that is used or intended to be used for the purpose of responding to emergency life-threatening situations and providing emergency transportation service, or any vehicle that is routinely used to transport patients who are not acutely ill or injured in a life-threatening manner. (I.C., 9-1-1-2(cc))

(s) Motorcycle means a motor vehicle, except a farm tractor as defined by I.C., 9-1-1-2(i), or a motorized bicycle, with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. (I.C., 9-4-1-2(c))

(t) Motorized bicycle means a bicycle with operable pedals which may be propelled by human power or by an internal combustion engine or a battery powered motor, or by both, 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 no more than twenty-five (25) miles per hour on a flat surface. (I.C., 9-1-1-2(ii), and I.C., 9-4-1-2(h))

(u) Motor vehicle means every vehicle, except a motorized bicycle, which is self-propelled. (I.C., 9-4-1-2(b))

(v) Official time standard means that whenever certain hours are named herein, they shall be the prevailing local time.

(w) Official traffic control devices means all signs, signals, markings and devices including railroad advance warning signs, not inconsistent with this traffic code placed or erected by the authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (I.C., 9-4-1-19(a))

(x) Official traffic control signals means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. (I.C., 9-4-1-19(b))

(y) Operator means every person who drives, or is in actual physical control of, a motor vehicle upon a public highway or elsewhere or who is exercising control over, or steering, a motor vehicle being towed by a motor vehicle. (I.C., 9-4-1-11(c))

(z) Owner means a person who owns, or has ownership interest in, a vehicle or motor vehicle (as those terms are defined at I.C. 9-4-1-4(a) and 9-4-1-2(b), respectively), or in a recreational vehicle, watercraft, or trailer.

(aa) Park when prohibited, means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose and while actually engaged in loading or unloading within the time limits established by the traffic code.

(bb) Parking facility means any facility or combination of facilities for motor vehicle parking which contains parking spaces for the public. This does not include a parking area that charges a fee for parking spaces. (I.C., 5-16-9-1)

(cc) Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

(dd) Pedestrian means any person afoot. (I.C., 9-4-1-11(b))

(ee) Person means every natural person, firm, copartnership, association, or corporation. (I.C., 9-4-1-11(a))

(ff) Police officer means every regular member of the Lake Station Police Department or any other person invested by law with authority to direct, control or regulate traffic or to make arrests for violations of traffic regulations. (I.C., 9-4-1-12)

(gg) Public highway means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel, including highways, streets and alleys. (I.C., 9-1-1-2(q) and I.C., 9-4-1-14(a)).

(hh) Private bus means every motor vehicle, designed and constructed for the accommodation of passengers and which is used for the transportation of passengers by a religious, fraternal, charitable or benevolent organization or youth association. The term "private bus" shall include either the chassis or the body of the vehicle or shall include both the body and the chassis of any such vehicle: however, any vehicle having the seating capacity of fifteen (15) persons or less shall not be deemed to be a private bus, nor shall any school bus or any bus used to carry passengers for hire be considered a private bus. (I.C., 9-4-1-2(g))

(ii) Private road or driveway means 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. (I.C., 9-4-1-14(b))

(jj) Railroad sign or signal means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (I.C., 9-4-1-19(c))

(kk) Residential district means the territory contiguous to and including a highway not comprising a business district, when the property on such highway for a distance of five hundred (500) feet or more is in the main improved with residences or residences and buildings in use for business. (I.C., 9-4-1-18(b))

(ll) Right-of-way means the privilege of the immediate use of the highway. (I.C., 9-4-1-21)

(mm) Roadway means that portion of a street or highway, improved, designed or ordinarily used for vehicular travel. (I.C., 9-4-1-14(c))

(nn) Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (I.C., 9-4-1-17)

(oo) School bus means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or school functions or privately owned and operated for compensation for the transportation of children to or from school or school functions. (I.C., 9-4-1-2(e))

(pp) Semitrailer means every vehicle without motive power, designed for carrying property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle, except every pole trailer as defined by I.C., 9-1-1-2(ee), every two-wheeled homemade trailer, and a semi-trailer used exclusively for carrying passengers, as defined under the term "bus". (I.C., 9-1-1-2(f)), (I.C., 9-4-1-14(d))

(qq) Sidewalk means that part of a street right-of-way, outside of and away from the edge or curb of the street, which is improved as a walkway for pedestrian traffic.

(rr) Stop when required, means a complete cessation of movement.

(ss) Stop, stopping or standing when prohibited, means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device or signal.

(tt) Through highway means every highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in the traffic code. (I.C., 9-4-1-14(f))

(uu) Tractor means every motor vehicle designed and used primarily for drawing or propelling trailers, semitrailers, or vehicles of any kind, except a "farm tractor" as defined by I.C., 9-1-1-2(h), "farm tractor used in transportation" as defined by I.C., 9-1-1-2(i), or a tractor which is used exclusively for drawing a passenger-carrying semitrailer. (I.C., 9-1-1-2(g))

(vv) Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together while using any street for the purposes of travel. (I.C., 9-4-1-20)

(ww) Traffic code means that this Chapter and all ordinances supplemental or amendatory thereto shall be known as the "Traffic Code of the City of Lake Station, Indiana."

(xx) Traffic division means the Traffic Division of the Lake Station Police Department, or in the event a traffic division is not established, then such term whenever used herein shall be deemed to refer to the Lake Station Police Department.

(yy) Trailer means every vehicle without motive power, designed for carrying persons or property, and designed for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle, and including every pole trailer as defined by I.C., 9-1-1-2(ee), and every two-wheeled homemade trailer. (I.C., 9-1-1-2(e))

(zz) Truck means every motor vehicle designed, used, or maintained primarily for the transportation of property. (I.C., 9-1-1-2(d))

(aaa) Urban district means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than two hundred (200) feet for a distance of a quarter (¼) of a mile or more. (I.C., 9-4-1-18(c))

(bbb) Vehicle means every device in, upon, or by which any person or property is, or may be, transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (I.C., 9-4-1-2(a))

(ccc) Worksite means a location or area upon which a public purpose construction or maintenance activity, or a private purpose construction or maintenance activity which is properly authorized by a governmental agency, is being performed on a public highway. (I.C., 9-4-1-19.6)

(ddd) Person means any individual, corporation, partnership, limited liability company, limited liability partnership, joint venture, trust, trustee, beneficial owner of a land trust, nominee of a landowner, or any other legal entity.

(eee) City means the City of Lake Station, Indiana, an Indiana municipal corporation.

(fff) Landowner means a person owning an interest in a lot as a grantee, purchaser, or otherwise, whether such interest is legal or equitable, in common or joint, or as a tenant or landlord. A mortgage holder or other lien holder shall not be deemed a landowner.

(ggg) Street means and refers to any dedicated road or way which has been improved and is maintained by the city for public use by motorized vehicular traffic, whether paved or unpaved.

(hhh) Parkway means that area of land lying between the edge of a street and the nearest edge of the sidewalk adjacent to and running parallel to that side of said street. Where no sidewalk exists, the term shall mean and refer to that area of land in a lot lying between the curb edge of a street and a line parallel to and fifteen (15) feet distant from the edge of said street.

(iii) Lot means a parcel, plot, or division of land which has frontage on a street, whether or not plotted.

(jjj) Front yard means the open space on a lot, lying between the edge or curb of a street adjoining the lot and the front entry of the structure nearest the street.

(kkk) Rear yard means the open space lying between the side of a structure opposite the front entry thereof, and the lot's rear boundary line.

(lll) Side yard means the open space or spaces lying between the front yard and the rear yard on a lot.

(mmm) Recreational vehicle means a vehicle with or without motive power, equipped for living quarters for persons.

(nnn) Watercraft means a contrivance used or designed for navigation on water, including without limitation, a vessel, boat, motor vessel, steam vessel, sailboat, or any marine equipment capable of carrying passengers.

(ooo) Occupancy, occupied means a condition of a human habitation, including by way of example and without limitation, living in, dwelling within, performing daily living activities within, sleeping within, or housekeeping within.

(Ord. No. 2001-17, § § 1, 2, 12-7-2001)