§ 441-101 — Definitions

Sec. 441-101. - Definitions.

As used in this chapter, Chapter 431, Chapter 611, Chapter 621 and Chapter 691, the following terms shall have the meanings ascribed to them in this section. Alley means and includes: (1) A public highway, either paved or unpaved, usually unnamed and without sidewalks, and being of varying widths upon to thirty (30) feet in width; occasionally having sidewalks, but differing from a public street in that it either intersects or is located within a city square or other tract of land, which is bounded on all or any side by public streets and is a secondary way used primarily to afford access, ingress and egress for rear or side entrances to land or structures abutting thereon, although also open and used for vehicular and pedestrian traffic; provided, however, whenever any public alley has been or hereafter is designated as a street and given a name by ordinance, it shall be deemed to be a public street and shall be subject to the regulations applicable to streets, so long as such ordinance establishing it as a street remains in effect, but upon repeal thereof it shall resume its status of an alley. (2) The general definition of an alley in subsection (1) shall control in all instances where such word is used in this Code, except when some other specific definition there is given and applied by any other chapter of this Code. Authorized emergency vehicle means and includes vehicles of the fire and police forces, ambulances and other kinds of emergency vehicles of municipal departments and other governmental units, of any public utility corporation, and of any hospital, public or private, as are so designated or authorized by the state safety committee or by any statute, this Code or any other city ordinance. Bus means and includes every motor vehicle designed and operated as a public carrier of passengers for hire and used for the transportation of persons; and every other vehicle operated by any motive power, other than a taxicab, designed or used for such purpose, but not operated as a public utility carrier. Business district means and includes 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. Central traffic district means and includes all streets, alleys and public highways, and portions of streets, alleys and public highways, in the city within the area described as follows: all that area bounded by the north property line of St. Clair Street on the north; the east property line of Noble Street on the east; the south property line of Merrill Street on the south; and the west property line of West Street on the west. Commercial vehicle means and includes every vehicle, regardless of motive power, including those moved by animal power, used to transport any person or property for hire, except vehicles of a public utility carrier. Crosswalk means and includes: (1) That part of a roadway at an intersection of any streets, or other place designed and marked by the city for the purpose of pedestrians crossing such streets, which is included within the space extending 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; and (2) Any portion of a roadway at an intersection or elsewhere, which is distinctly indicated by the city or other public authorities for pedestrian crossing by lines or other markings on the surface or by signs posted at such places. Curb loading zone means and includes a space adjacent to and along a curb reserved and painted for the exclusive use of vehicles during the loading or unloading of passengers or materials. Driver and operator means and includes every person who drives or is in actual physical control of a motor vehicle or any other vehicle. Electric foot scooter means a device: (1) Weighing not more than one hundred (100) pounds; (2) Designed to travel on not more than three (3) wheels in contact with the ground; (3) With handlebars and a floorboard that the rider uses to stand on the device during operation; and (4) Powered by an electric motor that is capable of powering the device with or without human propulsion at a speed not more than twenty (20) miles per hour on a paved level surface. Forty-five (45) degree-angle parking means that vehicles shall be parked with the nearest front wheel as close as reasonably practicable to the curb or, if there is no curb, then to the line of the traveled roadway, and that the vehicle must form an angle of approximately forty-five (45) degrees with the curb or roadway line, when headed in the direction in which it is lawful to drive or operate such vehicle on the respective street or highway. Freight loading zone means a space adjacent to and along a curb reserved and painted for the exclusive use of vehicles during the loading or unloading of freight or passengers. Greenway means a linear open space which is intended for the use of pedestrians and non-motorized devices, and which facilitates transportation to neighborhoods and other community destinations. Inoperable vehicle means: (1) A motor vehicle, racing vehicle, recreational vehicle, trailer, camper, boat, airplane, bus, truck, or similar vehicle from which there has been removed engine, transmission or differential parts or that is otherwise partially dismantled or mechanically inoperable; or (2) Any motor vehicle, racing vehicle, recreational vehicle, trailer, camper, boat, airplane, bus, truck, or similar vehicle, that cannot be driven, towed or hauled on a city street without being subject to the issuance of a traffic citation by reason of its operating condition or the lack of a valid license plate. Intersection means and includes: (1) The area embraced within the part of the roadway lying in the extension of the lateral curblines or, if none, in the extension of the lateral boundary lines of the roadways of the two (2) or more 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. (2) Where a highway includes two (2) roadways divided by a space eight (8) feet or more in width, every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two (2) similar roadways eight (8) feet or more apart, every crossing of such divided roadways of such highways shall be regarded as a separate intersection. Laned roadway means a roadway which is divided into three (3) or more clearly marked lanes for vehicular traffic, or into two (2) or more such lanes on a divided highway. Limited-access highway means and includes every highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access thereto or therefrom, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway. Motor vehicle means and includes every vehicle which is self-propelled by a motor, or any device using any form of energy or power other than muscular power. The term does not include an electric foot scooter. Motorcycle means and includes every motor vehicle having a saddle or seat for the use of the rider and designed to travel on two (2) and not more than three (3) wheels in contact with the ground, but excluding a tractor. All regulations in this chapter applicable to motor vehicles shall apply to motorcycles, unless clearly inapplicable thereto. Officer means and includes every officer of the Indianapolis Metropolitan Police Department, or any officer having police powers, authorized to direct or regulate traffic, to serve notices or to make arrests for violations of any traffic regulations of the city or state. The word "officer" shall also include any person authorized by the city or other public authorities to direct or regulate traffic or to serve notices for violations of this chapter, but who does not have general police powers. Official time standard means that whenever certain hours are named in this chapter, or are otherwise made applicable, they shall mean standard time of the zone designated to apply to the city; but whenever daylight saving time is in current official use in the city, all hours so specified herein relating to parking or operation of vehicles shall be deemed adjusted to such daylight saving time. Official traffic-control devices means and includes all signs, signals, markings and devices, not inconsistent with this Code, placed or erected by authority of a public body or official having jurisdiction thereof, for the purpose of regulating, controlling, warning or guiding traffic. Owner means 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 the performance of the condition 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 the conditional vendee, lessee or mortgagor shall be deemed the owner for the purposes of this chapter. Park means, when prohibited, the standing upon any public street or public place of a vehicle, whether occupied or not, other than temporarily and for not longer than five (5) minutes for the purpose of and while actually engaged in the loading or unloading of passengers; or temporarily and for not longer than twenty (20) minutes for the purpose of and while actually engaged in the loading or unloading of merchandise or property, but which is not so placed upon the street as unduly to obstruct traffic; or any vehicle so standing temporarily when disabled, if removed in thirty (30) minutes or upon order of a police or fire officer. Passenger loading zone means a place adjacent to and along a curb reserved and painted for the exclusive use of vehicles during the loading or unloading of passengers. Pedestrian means and includes any person afoot. Private road, driveway or entrance means and includes every way or place in private ownership, used by the owner and those having express or implied permission from the owner for vehicular travel or for ingress and egress from his premises to any street, but not open for use by other persons. Railroad means a public carrier of persons or property for hire upon cars, other than streetcars, operated by any motive power upon stationary rails. Railroad sign or signal means and includes 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. Railroad train means an engine with steam, electric or other power, with or without cars coupled thereto, operated upon rails, except streetcars. Residence district means and includes the territory contiguous to and including a highway, not comprising a business district, when the property on the 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. Right-of-way means the privilege of the immediate and preferential use of the highway. Roadway means and includes that portion of a street or highway, improved or unimproved, which is designed or ordinarily used for vehicular travel. In the event a highway includes two (2) or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively. Safety zone means and includes the area or space officially set apart within a roadway for the exclusive use of pedestrians, 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. Sidewalk means and includes that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, either used and intended for the use of pedestrians or so designated, and which is either paved or unpaved. Stop means, when required, a complete cessation of movement. Stop, stopping or standing means, when prohibited, 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 direction of a police officer or traffic-control sign or signal, or when disabled by any mechanical failure, in which case it shall be removed as soon as reasonably possible. Street or highway means and includes: (1) The entire width between the property boundary lines of every way or public place, publicly maintained, when any part thereof is open to the use of the public for purposes of pedestrian and vehicular travel. (2) In its broad meaning, as used in this Code, either "street" or "highway" shall include every part of any public way or place, however designated, and all portions within its confines between property lines, however called and when used also for other purposes, such as roadways, paths, sidewalks, esplanades, parkways, bridle paths, tree rows, grassplots or utility easements. Through or preferential highway means and includes every street or highway, or portion thereof, at the entrance to which vehicular traffic from intersecting streets or highways is required by law to stop, or where stop signs are erected as provided in this chapter requiring such stop before entering or crossing the through or preferential highway, except where traffic signals or an officer directs traffic at any intersection. Traffic means and includes pedestrians, ridden or herded animals, vehicles, streetcars and all other conveyances, either singly or together, while using any street or highway for purposes of travel or while stopping or parking thereon. Traffic-control signal means and includes any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. Traffic division means the Traffic Division of the Indianapolis Metropolitan Police Department, or in the event a traffic division is not established or maintained, the term shall be deemed to refer to such agency. Trailers and tractors means the same as the definitions therefor used by the general laws of the state. Truck means and includes every motor vehicle designed, used or maintained primarily for the transportation of property. Two-hundred and forty (240) degree-angle parking means that vehicles shall be parked with the nearest back wheel as close as reasonably practicable to the curb or, if there is no curb, then to the line of the traveled roadway, and that the vehicle must form an angle of approximately two hundred and forty (240) degrees with the curb or roadway line, when headed in the direction in which it is lawful to drive or operate such vehicle on the respective street or highway. Two-hundred and seventy (270) degree-angle parking means that vehicles shall be parked with the nearest back wheel as close as reasonably practicable to the curb or, if there is no curb, then to the line of the traveled roadway, and that the vehicle must form an angle of approximately two hundred and seventy (270) degrees with the curb or roadway line, when headed in the direction in which it is lawful to drive or operate such vehicle on the respective street or highway. Two-hundred and thirty-five (235) degree-angle parking means that vehicles shall be parked with the nearest back wheel as close as reasonably practicable to the curb or, if there is no curb, then to the line of the traveled roadway, and that the vehicle must form an angle of approximately two hundred and thirty-five (235) degrees with the curb or roadway line, when headed in the direction in which it is lawful to drive or operate such vehicle on the respective street or highway. Two-hundred and twenty-five (225) degree-angle parking means that vehicles shall be parked with the nearest back wheel as close as reasonably practicable to the curb or, if there is no curb, then to the line of the traveled roadway, and that the vehicle must form an angle of approximately two hundred and twenty-five (225) degrees with the curb or roadway line, when headed in the direction in which it is lawful to drive or operate such vehicle on the respective street or highway. Vehicle means and includes: (1) Every conveyance or device in, upon or by which any person or property is or may be transported or drawn in any manner and for any purpose upon a highway, except vehicles or devices moved by human muscular power or used and operated exclusively upon stationary rails or tracks. (2) Where used generally in this chapter or in this Code, such word shall also include motor vehicles and motorcycles where not otherwise shown by the context.

(Code 1975, § 29-1; G.O. 2001, § 3; G.O. 110, 2005, § 31; G.O. 85, 2008, § 2; G.O. 47, 2009; G.O. 14, 2011, § 1; G.O. 48, 2019, § 1)