The Independent-News, Volume 112, Number 13, Walkerton, St. Joseph County, 28 August 1986 — Page 2
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- THE INDEPENDENT-NEWS - AUGUST 28, 1986
LEGALNOTICE^
ORDINANCE NUMBER 86-004 AN ORDINANCE TO SUBMIT QUESTION TO VOTERS OF WALKERTON AS TO REMOVAL OF WALKERTON MUNICIPAL UTILITIES FROM THE JURISDICTION OF THE INDIANA PUBLIC SERVICE COMMISSION. WHEREAS, the Town Board of Trustees of the Town of Walkerton, Indiana, has been presented with a petition signed by more than five percent (5%) of the registered voters of the Town of Walkerton requesting that the Walkerton municipal water and electric utilities be removed from the jurisdiction of the Indiana Public Service Commission for rate-making purposes; and WHEREAS, said petition is made pursuant to the provisions of I.C. Section 8-1.5-3-9, BE IT ORDAINED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN BOARD OF WALKERTON. INDIANA: Section 1. That the following question shall be submitted to the registered voters of the Town of Walkerton, Indiana, at the next election: “Shall the Walkerton municipally owned electric and water utilities be taken out of the jurisdiction of the Indiana Public Service Commission for approval of rates and charges?” Section 2: That if a majority of those voting, favor taking said utilities out of the jurisdiction of said commission, then said utilities shall be removed from the jurisdiction of said commission for approval of rates and charges. Section 3. That this ordinance shall be effective from and after its passage and signing by the President of the Town Board of Trustees. Passed and adopted by the Town Board of Trustees of Walkerton, Indiana, on the 11th day of August, 1986. Gregory A. Williams, President, Town Board of Trustees ATTEST: Kathryn Tiede Chrapliwy, Clerk-Treasurer 2ta2B 40. TRAFFIC ORDINANCE 86-005 WHEREAS, the Town of Walkerton, Indiana wishes to regulate the parking, stopping, standing and speed of traffic with respect to its streets; and WHEREAS, the Board of Trustees, through the Street Department, shall cause to be placed and maintained official signs, signals and street markings at places and points where necessary and practicable for the purpose of regulating the operation of moving vehicles upon the streets and for the purpose of regulating the parking of vehicles; and WHEREAS, the General Assembly of the State of Indiana has enacted Public Law 173 of 1975, codified in the Indiana Code at 9-4-1 -58 and Public Law 84 of 1973, codified in the Indiana Code at 9-4-1-58; and WHEREAS, said Public Law 173 grants the power to the Town of Walkerton to regulate the standing, parking, stopping and yielding of all motor vehicles with respect to its streets; and WHEREAS, said Public Law 84 grants the power to the Town of Walkerton to determine and declare a reasonable and safe maximum speed limit on its streets; WHEREAS, NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Walkerton, Indiana that: 40.1. Definitions As used in this Ordinance, unless the context otherwise indicates: A. “Vehicle” means any motor vehicle, automobile, motorcycle, truck, trailer, semi-trailer, trucktractor, bus, school bus, house car.
or motored bicycle. B. “Public Premises” means any public right-of-way, street, highway, alley, park or other state, county or municipally owned property. C. “Private Premises” means all privately owned property which is not classifed within the definition of public premises. D. “Person” means every natural person, firm, corporation, co-partnership or association. E. “Police Officer” means every office authorized to direct or regulate traffic or make arrests for violations of traffic violations. F. “Bureau" shall mean the Bureau of Motor Vehicles of the State of Indiana. G. “Onwer” means the last known record title holder to a vehicle according to the records of the Bureau under the provisions of the State of Indiana. H. “Public Agency” means the department of local government which is assigned the local responsibility to adopt local regulations concerning public premises. I. “Operator” includes the “driver” or rider of any “vehicle” as defined below. J. “Park” includes the leaving or standing, attended of any “vehicle” in any “street” as defined below within the Town. K. “Street” — the entire width between the boundary lines of every way publically maintained when any part thereof is open to the use of the public for purposes of vehiclular traffic. (IC 9-4-1-14). 40.2 Signs, Signals, and Markers When Placed The Board of Trustees, through the Street Department, shall cause to be placed and maintained official signs, signals and street markings at places and points where necessary and practicable for the purpose of regulating the operation of moving vehicles upon the streets regulating the operation of moving vehicles upon the streets and for the purpose of regulating the parking of vehicles. 40.3 Compliance with Automatic Signal Devices Wherever the Board of Trustees has stationed that any street intersection within the Town any automatic signal device for the purpose of regulating the operation of moving vehicles upon the street, it shall be the duty of all persons driving or operating any such vehicles, to be governed by and obey the signals given by such device. 40.4. Procedure Upon Approach To Automatic Signal Devices Any driver approaching any automatic device when the same is set against him, shall bring his vehicle to a stop before entering upon the intersecting street and shall not proceed farther until signaled to go. When left hand turns are permitted, a driver desiring to make such turn shall drive as closely as safe and practicable to such signal and then stop until the signal is set for travel in the direction he desires to go. 40.5. Compliance With Stop, Yield, Slow, or Parking Signs Wherever the Board of Trustees has stationed upon the streets and terraces of the Town any stop, yield, slow, or parking sign for the purpose of regulating the operation of moving or standing vehicles upon the streets, it shall be the duty of all persons driving or operating such vehicles to be governed by and obey the signs given by such signs. 40.6 (a) Parking Longer Than (10) Ten Days Prohibited It shall be unlawful for any person to park a vehicle within the street pavement for longer than ten (10) consecutive days without moving same. 40.6 (b) Parking A Truck Larger Than A Pick-Up It shall be unlawful for any person to park any truck larger than a pickup truck within the street pavement after 7:00 P.M. 40.7 Prohibited In Specified Places
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or to avoid conflict with law or the direction of a police officer or traffic control device, in any of the following places: A. On a sidewalk. B. In front of a public or private driveway. C. Within an intersection. D. Within fifteen (15) feet of a fire hydrant. E. On a cross walk. F. Within twenty (20) feet of a cross walk at an intersection. G. Within thirty (30) feet upon the approach to any flashing beacon, stop, sign, or traffic control signal located at the side of a roadway. H. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curve immediately opposite the ends of a safety zone unless a traffic authority indicates a different lenght by signs or markings. 1. Within fifty (50) feet of the nearest rail of a railroad crossing. J. Within twenty (20) feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within seventh-five (75) feet of such entrance, when properly sign posted. K. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. L. On the roadway side of any vehicle stopped or parked at the edge of curb of the street. M. Upon any bridge or other elevated structure upon a street or within a street tunnel. N. At any place where official signs prohibit stopping. O. On any terrace of the Town. 40.8 Responsibility Os Owner Os Vehicle No person shall allow, permit or suffer any vehicle registered in his name.to stand or park in any street in this Town in violation of any of the provisions of this Ordinance of this Town regulating the standing or parking of vehicles. 40.9 Enforcement Os Ordinance* It shall be the duty of the Police Department to enforce the provisions of this Ordinance. 40.10 Traffic Officer* Having Authority To Regulate Traffic Traffic officers placed at street intersections in the congested district and elsewhere within the town shall have power to regulate traffic, both of vehicles and pedestrians. All persons should obey any orders by said traffic officer. 40.11 Defacement Os Device* No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device, any railroad sign or signal, any inscription shield or any insignia thereon, or any part thereof. Any person in violation of this section shall make restitution to the town, pay the designated fine set forth in Section 99. TRUCKS 40.30. Application Os Regulations This chapter shall be construed in connection with all other ordinances now in force and effect of the town regulating the parking of automobiles or other motor vehicles in the town. The provisions of this chapter shall not be construed as permitting the parking of any vehicle mentioned herein at any place of for any length of time or in any manner now prohibited by any ordinance now regulating the time, place or manner of parking motor vehicles in the town. 40.31. Use Os Certain Streets Prohibited Unless Loading Or Unloading It shall be unlawful for any semi-
THE INDEPENDENT-NEWS Publication Number 261460 ROBERT E. URBIN, EDITOR SUSAN R. URBIN, ASSISTANT EDITOR INDEPENDENT-NEWS CO., INC., PUBLISHER 601-03 Roosevelt Road, Walkerton, Indiana 46574-1294 Telephone (219) 586-3139 601-03 Roosevelt Road, Walkerton, Indiana 46574-1294 Telephone (219) 586-3139 PUBLICATIONS TIME: Thursday of Each Week Second Class Postage Paid At Walkerton, Indiana 46574 SUBSCRIPTION RATES: 20 c Per Copy; $6.00 Per Year (SI.OO Extra If Mailed Out Os State)
truck, tractor, or tractor trailer or designed for use in handling merchandise, livestock or other freight, whether loaded or empty, to use or park in residential streets unless the vehicle is actually engaged in making deliveries of merchandise of freights, dwellings or places of business located along either side of the street and then only for the purpose of loading or unloading merchandise or freight at those places. VIOLATIONS, PENALTIES, ENFORCEMENT 40.90 Penalty Schedule Penalties will be assessed for the following violations: A. For improper parking B. For non-moving traffic C. For moving traffic violations (i) Stop sign violation (ii) Improper parking (iii) Speeding not in excess of 15 miles over the speed limit (iv) Speeding in excess of 15 miles per hour over the limit but not more than 25 miles over the limit (v) Speeding in excess of 25 miles over the speed limit (vi) Yield sign violation (vii) All other moving violations Each violation above constitutes an infraction. An penalty between -0- and $250.00 will be assessed upon conviction by the Town Court Judge as per provisions set herein. Those persons receiving citations should contact the court before their appearance date to determine their fines and costs. 40.91 Notice Os Violation Whenever the Town Marshall or Deputy Marshall find the owner or operator of any vehicle or other person has committed any action which is declared unlawful by the provisions of Indiana traffic statutes or Town of Walkerton ordinances, such Marshall or Deputy Marshall shall give a Uniform Traffic Citation to such person of such violations. All Uniform Traffic Citation* shall be serially numbered and shall contain the following: (i) The specific violation with which the violator is charged. (ii) The license plate number and type of vehicle. (iii) The name and address of the owner of the vehicle and the operator of the vehicle, if possible to obtain same. (iv) The location of the violation. (v) The signature of the Marshall or Deputy Marshall. (vi) The date of the violation. (vii) The date of the violator is to be in the Walkerton Town Court. The notice shall also contain the following statement: “From the time of violation to the court date as shown on the Uniform Traffic Citation of the violation, the violator may bring the Uniform Traffic Violation to the the Walkerton Town Court, Town Hall, 510 Roosevelt Rd., Walkerton, Indiana 46574, or mail the fine to 40.92 Payment Os Fines Any person receiving a Uniform Traffic Citation for a traffic violation pursuant to the provisions of this chapter shall, prior to the court date on the citation, appear at the Town Court, 510 Roosevelt Rd., Walkerton, Indiana 46574 and pay
the imposed penalty by depositing such amount along with the Uniform Traffic Citation. The Town Court shall send a Judgement letter to those who do not comply with the above. This Judgement letter will indicate payment and notification of the possible suspension of driving priviledges by the Bureau of Motor Vehicles and the filing of Misdemeanor charges pursuant to IC 34-4-32 g. In addition to the penalties provided for herein, the Town Marshal or Deputy Marshal may cause any vehicle parked in violation of any provision of Indiana traffic statutes or Walkerton ordinances to be removed to a private garage or place where the same shall be impounded and retained. Such vehicle shall be released only upon the order of the Town Marshal or a Deputy Marshal after payment of the fine required by this chapter to be paid in compromise of such violation and all costs of towing and storage. 40.93 Non-exdu*ive Jurisdiction The Town Marshal or Deputy Marshal may file any motor vehicle violation committee within the Town of Walkerton in any other court of competent jurisdiction in lieu of using the provisions of this Ordinance. 40.94 Repealer All ordinances or parts of ordinances in conflict herewith are hereby repealed. 40.95. Effective Date This Ordinance shall be in full force and effect after its passage and publication PASSED AND ADOPTED by the Board of Trustees of the Town of Walkerton, Indiana, this 11th day of August, 1986. BOARD OF TRUSTEES Gregory A. Williams E. Gifford Ward Maggie Gaddis Arthur D. M. Heemer ATTEST: Kathryn Tiede Chrapliwy, Gerk-Treasurer 2ta2B Be a careful driver always! LOOK MICHIANA 6” SEAMLESS GUTTER Heavy Grade (.932) Baked Enamel Finish VANDERHEYDEN EAVESTROUGH SERVICE Call 288-7719 ’•"Tlcoholicsa^ ? AL-ANON <[ <* 8 p.m. Thursdays S > CHURCH OF CHRIST ( ? 65225 St. Rd 23, North Liberty ? 17 86 JOHNSON/WILLIAMS INSURANCE AGENCY Call For A Quote ALL TYPES OF COVERAGE OFFERED DON R. JOHNSON Certified Ins. Counselor REGG F. WILLIAMS 586-2580 m22tl
