(a)Except as provided in subsections (e) and (f),
whenever a local authority in the authority's jurisdiction determines that
the maximum speed permitted under this chapter is greater or less than
reasonable and safe under the conditions found to exist on a highway
or part of a highway, the local authority may determine and declare a
reasonable and safe maximum limit on the highway. The maximum
limit declared under this section may do any of the following:
(1)Decrease the limit within urban districts, but not to less than
twenty (20) miles per hour.
(2)Increase the limit within an urban district, but not to more than
fifty-five (55) miles per hour during daytime and fifty (50) miles
per hour during nighttime.
(3)Decrease the limit outside an urban district, but not to less
than thirty (
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(a) Except as provided in subsections (e) and (f),
whenever a local authority in the authority's jurisdiction determines that
the maximum speed permitted under this chapter is greater or less than
reasonable and safe under the conditions found to exist on a highway
or part of a highway, the local authority may determine and declare a
reasonable and safe maximum limit on the highway. The maximum
limit declared under this section may do any of the following:
(1) Decrease the limit within urban districts, but not to less than
twenty (20) miles per hour.
(2) Increase the limit within an urban district, but not to more than
fifty-five (55) miles per hour during daytime and fifty (50) miles
per hour during nighttime.
(3) Decrease the limit outside an urban district, but not to less
than thirty (30) miles per hour.
(4) Decrease the limit in an alley, but to not less than five (5)
miles per hour.
(5) Increase the limit in an alley, but to not more than twenty (20)
miles per hour.
The local authority must perform an engineering and traffic
investigation before a determination may be made to change a speed
limit under subdivision (2), (3), (4), or (5) or before the speed limit on
a highway with a functional classification of arterial or major collector
within an urban district may be decreased to less than twenty-five (25)
miles per hour under subdivision (1). An engineering and traffic
investigation is not required to decrease the speed limit to twenty (20)
miles per hour on a highway with a functional classification of minor
collector or local road in an urban district.
(b) Except as provided in subsection (f), a local authority in the
authority's jurisdiction shall determine by an engineering and traffic
investigation the proper maximum speed for all local streets and shall
declare a reasonable and safe maximum speed permitted under this
chapter for an urban district. However, an engineering and traffic study
is not required to be performed for the local streets in an urban district
under this subsection if the local authority determines that the proper
maximum speed in the urban district is not less than twenty-five (25)
miles per hour.
(c) An altered limit established under this section is effective at all
times or during hours of darkness or at other times as may be
determined when appropriate signs giving notice of the altered limit are
erected on the street or highway.
(d) Except as provided in this subsection, a local authority may not
alter a speed limit on a highway or extension of a highway in the state
highway system. A city or town may establish speed limits on state
highways upon which a school is located. However, a speed limit
established under this subsection is valid only if the following
conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed. There must be:
(A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reduced speed
zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zone
indicating:
(i) the speed limit for the section of highway that follows; or
(ii) the end of the reduced speed zone.
(5) The Indiana department of transportation has been notified of
the limit imposed by certified mail.
(e) A local authority may decrease a limit on a street to not less than
fifteen (15) miles per hour if the following conditions exist:
(1) The street is located within a park or playground established
under IC 36-10.
(2) The:
(A) board established under IC 36-10-3;
(B) board established under IC 36-10-4; or
(C) park authority established under IC 36-10-5;
requests the local authority to decrease the limit.
(3) The speed zone is properly signed.
(f) A city, town, or county may establish speed limits on a street or
highway upon which a school is located if the street or highway is
under the jurisdiction of the city, town, or county, respectively.
However, a speed limit established under this subsection is valid only
if the following conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed. There must be:
(A) a sign located where the reduced speed zone begins or as
near as practical to the point where the reduced speed zone
begins indicating the reduced speed limit and a sign located at
the end of the reduced speed zone indicating the end of the
reduced speed zone; and
(B) if the school operates on a twelve (12) month schedule, a
sign indicating that the school is an all year school.
(g) Except as provided in subsection (h), a person who exceeds a
speed limit established by a local authority under this section commits
a Class C infraction.
(h) A person who exceeds a speed limit that is established under
subsection (d) or (f) commits a Class B infraction.
[Pre-1991 Recodification Citation: 9-4-1-58.]