2017 Indiana Code
TITLE 9. Motor Vehicles
ARTICLE 21. TRAFFIC REGULATION
CHAPTER 18. Regulation of Traffic on Private Property
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:
(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 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.
