§ 9-21-18-4.3 — Residential complex traffic ordinances; requirements for adoption and enforcement

Indiana § 9-21-18-4.3

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 21: TRAFFIC REGULATION
• Ch. 18: Regulation of Traffic on Private Property

Text

3. (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:
(A) be placed in a sufficient number of locations to clearly
mark where the relevant provisions of the ordinance apply; and
(B) follow sign standards as prescribed in rules promulgated by
the department of transportation.
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.

Legislative History

As added by P.L.135-2021, SEC.2.