2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 21. TRAFFIC REGULATION
CHAPTER 18. REGULATION OF TRAFFIC ON PRIVATE PROPERTY
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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 on
which the public is invited to travel for business or, before January
1, 2021, residential purposes.
As added by P.L.2-1991, SEC.9. Amended by P.L.38-2016, SEC.1.
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 entering
into 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, or
town.
As added by P.L.2-1991, SEC.9.
IC 9-21-18-4
Contract to empower unit to regulate parking and traffic by
ordinance
Sec. 4. A unit and the owner or lessee of a shopping center or
private business property located within the unit may contract to
empower the unit to regulate by ordinance the parking of vehicles
and 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 9-21-18-4.1
Residential complex traffic ordinances; requirements for adoption
and enforcement; expiration
Sec. 4.1. (a) As used in this section, "electronic traffic ticket" has
the meaning set forth in IC 9-30-3-2.5.
(b) As used in this section, "legislative body" has the meaning set
forth in IC 36-1-2-9.
(c) As used in this section, "moving traffic ordinance" refers to an
ordinance regulating the operation of a motor vehicle only while the
motor vehicle is in motion.
(d) As used in this section, "residential complex traffic ordinance"
refers to an ordinance adopted under subsection (e).
(e) A unit may enforce a residential complex traffic ordinance on
the property of a residential complex if all the following conditions
are met:
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(1) The unit's legislative body adopts the ordinance under this
section.
(2) The owner of the residential complex requests in writing
from the unit's executive that the unit enforce the residential
complex traffic ordinance adopted under subdivision (1) on the
property of the residential complex.
(3) The owner of the residential complex enters into an
enforcement contract with the unit.
(f) A residential complex traffic ordinance must satisfy the
following:
(1) The ordinance must be a moving traffic ordinance.
(2) The ordinance may not duplicate or conflict with Indiana
law that is otherwise enforceable on the property of a residential
complex.
(3) The ordinance must be reasonably consistent with other
ordinances adopted by the unit.
(4) The ordinance must require the owner of the residential
complex to enter into an enforcement contract with the unit as
provided in subsection (h).
(5) If the unit's law enforcement agency (as defined in
IC 35-47-15-2) issues electronic traffic tickets, the ordinance
must require the unit's law enforcement agency to issue an
electronic traffic ticket for a violation of the unit's ordinance on
the property of a residential complex.
(g) A residential complex traffic ordinance may do the following:
(1) Incorporate by reference other moving traffic ordinances of
the unit if those other ordinances do not conflict with this
section.
(2) Define the term "residential complex" for purposes of the
ordinance.
(3) Require the unit's executive to report to the legislative body
regarding enforcement contracts entered into with the unit and
any other information required by the legislative body regarding
the residential complex traffic ordinance.
(h) An enforcement contract must satisfy the following:
(1) The contract must require the owner of the residential
complex to install signs notifying residents of and visitors to the
residential complex of the relevant provisions of the residential
complex traffic ordinance. Signs installed under this
subdivision must be placed in a sufficient number of locations
to clearly mark where the relevant provisions of the ordinance
applies. A sign placed at the entrance to the residential complex
does not satisfy this subdivision.
(2) The unit may not charge the owner of the residential
complex a fee for enforcing the residential complex traffic
ordinance on the property of the residential complex.
(3) Enforcement of the residential complex traffic ordinance in
the residential complex may not begin until both of the
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following have occurred:
(A) The enforcement contract is signed by the unit and the
residential complex.
(B) The residential complex has complied with subdivision
(1), as determined by the unit.
(i) If the owner of a residential complex enters into an
enforcement contract with a unit, then neither the owner nor the
residential complex is subject to or incurs any liability, sanction, or
adverse legal consequence for any loss or injury resulting from the
manner in which the unit's law enforcement agency discharged its
duties under the enforcement contract.
(j) Neither a residential complex nor its owner is subject to or
incurs any liability, sanction, or adverse legal consequence for the
owner's decision not to enter into an enforcement contract with a
unit. The failure to enter into an enforcement contract with a unit is
not admissible in any legal proceeding brought against a residential
complex or its owner.
(k) This section expires December 31, 2020.
As added by P.L.38-2016, SEC.2.
IC 9-21-18-5
Contracts; provisions
Sec. 5. A contract entered into under section 4 of this chapter may
provide 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 the
adoption of appropriate regulations, or the designation of an
intersection in the parking area as a stop intersection or as a
yield 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 or
specified types of vehicles at intersections or other designated
locations in the parking areas.
(3) The regulation of a crossing of a roadway in the parking
area by pedestrians.
(4) The designation of a separate roadway in the parking area
for one-way traffic.
(5) The establishment and regulation of loading zones.
(6) The prohibition, regulation, restriction, or limitation of the
stopping, standing, or parking of vehicles in specified areas of
the parking area.
(7) The designation of safety zones in the parking area and fire
lanes.
(8) The removal and storage of vehicles parked or abandoned in
the parking area during snowstorms, floods, fires, or other
public emergencies, or found unattended in the parking area
where the vehicles constitute an obstruction to traffic, or where
stopping, standing, or parking is prohibited, and for the payment
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of reasonable charges for the removal and storage by the person
who owns or operates the vehicle.
(9) The cost of planning, installation, maintenance, and
enforcement of parking and traffic regulations to be paid by the
unit, by the property owner or lessee, or for a percentage of that
cost to be shared by both the unit and the property owner or
lessee.
(10) The installation of parking meters on the shopping center
or private business property parking area. The contract may
establish whether the expense of installing those parking meters
and maintenance of the parking meters is that of the unit or that
of the shopping center or private business property owner or
lessee, and whether any money obtained from those parking
meters belongs to the unit or to the shopping center or private
business property owner or lessee.
(11) Additional reasonable regulations with respect to traffic
and parking in a parking area as local conditions may require
for the safety and convenience of the public or of the users of
the 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 shopping
center or private business property owner under this chapter may not
exceed twenty (20) years. A lessee of a shopping center or private
business property may not enter into a contract under this chapter for
a 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 shopping
center or private business property owner or lessee under this chapter
shall be recorded with the county recorder in the county in which the
unit is located. No regulation made under the contract may take
effect until three (3) days after the contract is recorded. Signs shall
be posted within the shopping center or private business property not
later than three (3) days after the contract is recorded stating that
shopping 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 punishment
of violations of the parking and traffic regulations in effect at a
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shopping 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 control
the movement of vehicular traffic in an area subject to this chapter
must meet the following requirements:
(1) The face of the sign must have a red background with white
letters and a white border.
(2) The sign must be an octagon.
(3) The sign must measure at least twenty-four (24) inches wide
and 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 control
the movement of vehicular traffic in an area subject to this chapter
must meet the following requirements:
(1) The face of the sign must have a red border band and a
white interior with the word "yield" in red inside the border
band.
(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, to
control the movement of vehicular traffic in an area subject to this
chapter must meet the following requirements:
(1) The face of the sign must have a white background with a
red circle containing the words "do not enter" in white letters
with 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, to
control the movement of vehicular traffic in an area subject to this
chapter must meet the following requirements:
(1) The face of the sign must have a red background with a
white 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
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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 in
an area subject to this chapter must meet the following requirements:
(1) The face of the sign must have a white background with
black 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 this
chapter, nothing in this chapter may be construed to prevent the
owner of real property used by the public for purposes of vehicular
travel 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 those
specified in this chapter; or
(3) otherwise regulating the property's use as determined best to
the 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.
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