CHAPTER 18. REGULATION OF TRAFFIC ON PRIVATE PROPERTY
IC 9-21-18
Chapter 18. Regulation of Traffic on Private Property
IC 9-21-18-1
Application of chapter
Sec. 1. This chapter applies to privately owned real property onwhich the public is invited to travel for business purposes.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-2
"Private business property" or "shopping center" defined
Sec. 2. As used in this chapter, "private business property" or"shopping center" may be defined by ordinance of the unit enteringinto a contract under this chapter.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-3
Unit
Sec. 3. As used in this chapter, "unit" means a county, city, ortown.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-4
Contract to empower unit to regulate parking and traffic byordinance
Sec. 4. A unit and the owner or lessee of a shopping center orprivate business property located within the unit may contract toempower the unit to regulate by ordinance the parking of vehiclesand the traffic at the shopping center or private business property,subject to approval by the fiscal body of the unit by ordinance.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-5
Contracts; provisions
Sec. 5. A contract entered into under section 4 of this chapter mayprovide for the following:
(1) The erection by the unit of the stop signs, flashing signals,or yield signs at specified locations in a parking area and theadoption of appropriate regulations, or the designation of anintersection in the parking area as a stop intersection or as ayield intersection and the ordering of signs or signals at one (1)or more entrances to that intersection.
(2) The prohibition or regulation of the turning of vehicles orspecified types of vehicles at intersections or other designatedlocations in the parking areas.
(3) The regulation of a crossing of a roadway in the parkingarea by pedestrians.
(4) The designation of a separate roadway in the parking areafor one-way traffic.
(5) The establishment and regulation of loading zones. (6) The prohibition, regulation, restriction, or limitation of thestopping, standing, or parking of vehicles in specified areas ofthe parking area.
(7) The designation of safety zones in the parking area and firelanes.
(8) The removal and storage of vehicles parked or abandoned inthe parking area during snowstorms, floods, fires, or otherpublic emergencies, or found unattended in the parking areawhere the vehicles constitute an obstruction to traffic, or wherestopping, standing, or parking is prohibited, and for the paymentof reasonable charges for the removal and storage by the personwho owns or operates the vehicle.
(9) The cost of planning, installation, maintenance, andenforcement of parking and traffic regulations to be paid by theunit, by the property owner or lessee, or for a percentage of thatcost to be shared by both the unit and the property owner orlessee.
(10) The installation of parking meters on the shopping centeror private business property parking area. The contract mayestablish whether the expense of installing those parking metersand maintenance of the parking meters is that of the unit or thatof the shopping center or private business property owner orlessee, and whether any money obtained from those parkingmeters belongs to the unit or to the shopping center or privatebusiness property owner or lessee.
(11) Additional reasonable regulations with respect to trafficand parking in a parking area as local conditions may requirefor the safety and convenience of the public or of the users ofthe parking area.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-6
Contract period; restrictions on length
Sec. 6. A contract entered into between a unit and a shoppingcenter or private business property owner under this chapter may notexceed twenty (20) years. A lessee of a shopping center or privatebusiness property may not enter into a contract under this chapter fora longer period of time than the length of the lease.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-7
Recording contract; effect of regulations; posting of notice
Sec. 7. A contract entered into between a unit and a shoppingcenter or private business property owner or lessee under this chaptershall be recorded with the county recorder in the county in which theunit is located. No regulation made under the contract may takeeffect until three (3) days after the contract is recorded. Signs shallbe posted within the shopping center or private business property notlater than three (3) days after the contract is recorded stating thatshopping center or private business property parking and traffic
regulations are enforceable by local law enforcement officials.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-8
Violations of parking and traffic regulations; punishment;adoption
Sec. 8. The unit may adopt an ordinance providing for punishmentof violations of the parking and traffic regulations in effect at ashopping center or private business property under the contract.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-9
Stop signs installed after July 1, 1990; requirements
Sec. 9. A stop sign that is installed after July 1, 1990, to controlthe movement of vehicular traffic in an area subject to this chaptermust meet the following requirements:
(1) The face of the sign must have a red background with whiteletters and a white border.
(2) The sign must be an octagon.
(3) The sign must measure at least twenty-four (24) inches wideand twenty-four (24) inches high.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-10
Yield signs installed after July 1, 1990; requirements
Sec. 10. A yield sign that is installed after July 1, 1990, to controlthe movement of vehicular traffic in an area subject to this chaptermust meet the following requirements:
(1) The face of the sign must have a red border band and awhite interior with the word "yield" in red inside the borderband.
(2) The sign must be a downward pointing equilateral triangle.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-11
Do not enter signs installed after July 1, 1990; requirements
Sec. 11. A do not enter sign that is installed after July 1, 1990, tocontrol the movement of vehicular traffic in an area subject to thischapter must meet the following requirements:
(1) The face of the sign must have a white background with ared circle containing the words "do not enter" in white letterswith a horizontal white bar.
(2) The sign must be a square.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-12
Wrong way signs installed after July 1, 1990; requirements
Sec. 12. A wrong way sign that is installed after July 1, 1990, tocontrol the movement of vehicular traffic in an area subject to thischapter must meet the following requirements: (1) The face of the sign must have a red background with awhite border containing the words "wrong way" in white letters.
(2) The sign must be a rectangle.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-13
Pedestrian crossing signs installed after July 1, 1990; requirements
Sec. 13. A pedestrian crossing sign that is installed after July 1,1990, to control the movement of vehicular and pedestrian traffic inan area subject to this chapter must meet the following requirements:
(1) The face of the sign must have a white background withblack legend and a black border.
(2) The sign must be either rectangular or square.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-14
Owners of property; regulation of property use; powers
Sec. 14. Except as provided in sections 9 through 13 of thischapter, nothing in this chapter may be construed to prevent theowner of real property used by the public for purposes of vehiculartravel by permission of the owner and not as a matter of right from:
(1) prohibiting the property's use;
(2) requiring other, different, or additional conditions than thosespecified in this chapter; or
(3) otherwise regulating the property's use as determined best tothe owner.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-15
Violations; Class C infraction
Sec. 15. A person who installs a sign that violates section 9, 10,11, 12, or 13 of this chapter commits a Class C infraction.
As added by P.L.2-1991, SEC.9.