Traffic Code
CHAPTER 70: STREET EXCAVATIONS
Section
70.01 Street Excavations
70.02 Street Cut Permits
70.03 Street Cut Patching
70.04 Fines
70.01 Street Excavations, Permit Requirements
1. A person may not make any excavation or opening, or dig any hole, trench or ditch, across, along or upon any public street, alley, sidewalk, or other public place within the Town.
A. Install, lay, alter, or repair any gas line or main, gas pipe, water main or pipe, telephone line cable, conduit, or sewer;
B. Set gas or water plugs;
C. Make any connection to them;
D. Conduct any inspection or examination or repair of any of these mains, pipes, lines, conduits, cables, sewers, plugs, or connections without first obtaining a permit form the Clerk-Treasurer.
70.02 Street Cut Permit
1. The permit shall be in the form and contain the information and details prescribed by the Clerk-Treasurer. The permit must state:
A. the time;
B. the location; and
C. the character of the work proposed.
2. The Clerk-Treasurer shall issue the permit after the applicant pays a fee of Ten Dollars ($10.00). A frequent user may pay an annual fee of Fifty Dollars ($50.00) for all permits requested during a calendar year. A “frequent user” is a person who obtains five (5) or more permits during a calendar year. All fees shall be deposited into the Motor Vehicle Highway Fund.
70.03 Safety
1. The permittee/contractor is responsible for the safety of all vehicles, pedestrians and
work force in, surrounding and/or moving through the work site in the public right-of-
way.
2. The permittee/contractor shall protect the traveling public & pedestrians by proper
warning signs and/or signals both day and night until the street, alley, sidewalk or curb
is fully repaired.
3. The permittee/contractor shall provide safe means of egress to and from the trench
bottom and will provide trench bracing or a trench box when required by OSHA.
4. When saw cutting concrete and asphalt surfaces, the permittee/contractor shall use a
saw equipped with integrated water delivery system that continuously feeds water to
the blade.
70.04 Protection of Existing Improvements
1. The contractor shall at all times take proper precautions and be responsible for the
protections for existing street and alley surfaces, driveway culverts, street
intersection culverts or aprons, mail boxes, driveway approaches, curb, gutter and
sidewalks and all other identifiable installations that may be encountered during
construction.
2. The contractor shall, at all times, take proper precaution for the protection of
existing utilities, the presence of which are known or can be determined by field
locations of the utility companies. The contractor shall contact the local One Call
for utility locations (811) a minimum of two (2) working days prior to the
proposed start of work.
3. Existing improvements to adjacent property such as landscaping, fencing, utility
services, driveway surfaces, etc., that are not to be removed shall be protected
from the injury or damage resulting from the contractor’s operations.
4. The contractor shall at all times take the proper precautions for the protection of
property pins/corners and survey control of monuments encountered during
construction. Any damaged or disturbed survey markers shall be replaced by a
registered land surveyor at the contractor’s expense.
5. The repair of any damaged improvements as described above shall be the
responsibility of the permit holder.
70.05 Excavated Material
A) Street; Any excavated material shall not be reused under any circumstances and shall be disposed of off the right-of-way and public property by the
contractor or permittee.
B) Sidewalks; Any excavated material shall not be reused under any circumstances and shall be disposed of off the right-of-way and public property by the
contractor or permittee.
C) Alleys; Excavated material may be allowed to be reused at the discretion of the Fairmount Street Department Superintendent.
70.06 Inspections
A) Water lines/sewer lines:
In the event that any water line or sewer line belonging to the Town of Fairmount has been exposed during excavation, the excavated area shall not be
backfilled without first receiving approval of the Fairmount Water/Wastewater Superintendent (765)-948-4313.
B) Street Cuts:
Following the placement of the backfill, (flowable fill) or (compacted aggregate), the permittee/contractor shall call the Fairmount Street
Superintendent for inspection and approval of asphalt. (765)-948-4600.
70.07 Steel Plates (3/4” thickness minimum)
When temporary steel plates are to be used, very particular attention is to be given to avoid trips/hazards for both pedestrians and cyclists. Steel plates shall require a minimum of (1) foot (6) inches of overhang of the trench width on all sides AND ¾” tightness minimum Cold mixed asphalt shall be ramped a minimum of two feet in the travel of direction.
The use of steel plates from November 1st to March 31st shall only be allowed in an extreme emergency situation, and shall be removed within 48 hours of placement. The Fairmount Street Department (765)-948-4600, must be notified of their placement from November 1st to March 31st.
70.08 Backfill
A) Streets;
1. Flowable fill shall be used for all trenches unless otherwise specified by Fairmount Street Superintendent. Any request for waiver of the flowable fill
requirement shall be made in writing and approved by the Street Superintendent.
2. If such waiver is granted, granular backfill shall be used.
3. All granular backfill requirements start after any utility pipes or services have
been properly bedded in sand.
4. #53 compacted aggregate, and #73 compacted aggregate may be used when placed in 8-inch lifts and compacted with a vibrating plate compactor.
5. Non compacting #8 L-stone may also be considered for backfill use by the Street Superintendent.
B) Alleys;
1. Excavated material may be allowed to be reused at the discretion of the Fairmount Street Superintendent. It must be tamped in and the final 6-inches
shall be #73 stone.
70.09 Valve and Manhole coverings
Valve and manhole coverings shall be set ¼” to ½” below the compacted finished street surface.
70.10 Temporary road surface
A) Overnight;
The permittee/contractor may install flowable fill or compacted aggregate (6” lifts) to the pavement surface only overnight. The material must then be removed to 2-inches below the pavement surface and CMA (cold mix asphalt) be placed in and compacted using a vibrating plate compactor or roller. CMA must be applied within 24 hours of trench backfill.
B) Out of season for Hot Mix Asphalt;
November 1st through March 31st the permittee/contractor shall install 2- inches of compacted CMA (cold mix asphalt) flush with the surrounding pavement surface. The permittee/contractor shall continuously maintain the temporary patch to a condition acceptable to the Fairmount Street Department. Once the asphalt plants are opened for the season, permanent repairs shall be made within a 28-day period.
C) Season for Hot Mix;
Any road cut made from April 1st to October 31st shall have the permanent repair made within 28 days.
70.11 Saw cutting
1. When saw cutting concrete and asphalt surfaces, the permittee/contractor shall use a saw equipped with integrated water delivery system that continuously feeds water to the blade.
2. Upon completing the backfill requirements (section 70.09) and after the asphalt base has been compacted, or 4000psi concrete has cured for 48 hours, cut back the surface of the existing pavement 2 inches deep and a minimum of 1 foot beyond the limit of the old and the new base course. The final saw cuts shall be cut straight and made parallel and perpendicular to the street.
3. The edge of the street cut shall NOT be in the wheel path. This may require removal of additional street surface.
4. Where the cut is 2 feet or less from a curb, gutter, or edge of the roadway, the remaining street surface shall be removed and replaced to the curb, gutter or edge of the roadway as part of the patch.
70.12 Permanent Road Repair
In the event #8 L-stone was granted for backfill use, 8-inches of compacted #53’s or #73’s shall be put in place prior to proceeding to the permanent road repair specifications.
When two street cuts are made on the same project within 5-feet or less apart from inside edge to inside edge, the remaining asphalt surface (1 ½ inches minimum) between them shall be removed and surfaced as one patch.
All new asphalt surface patches must be sealed using an INDOT approved edge sealing tack where they adjoin to the existing asphalt.
A) Arterial Roads; (Main thoroughfares) (Heavy Traffic)
Upon meeting backfill requirements (section 70.08)
-OPTION 1
4 inches compacted HMA (hot mix asphalt) base
1 ½ inches compacted HMA surface minimum
-OPTION 2
6 inches 4000PSI concrete
1 ½ inches compacted HMA surface minimum
B) Minor collector roads; (side roads) (light traffic)
Upon meeting backfill requirements (section 70.08)
-OPTION 1
3 inches compacted HMA (hot mix asphalt) base
1 ½ inches compacted HMA surface minimum
-OPTION 2
4 inches 4000PSI concrete
1 ½ inches compacted HMA surface minimum
70.13 Sidewalk repairs/ curb repairs
1. Curb and sidewalks shall be restored as required to match their existing construction. The use of patching products on curbs or sidewalks will not be permitted.
2. Concrete shall be removed to neatly sawed edges to full depth for sidewalks and curbs and shall be cut in straight lines either parallel to the curb or perpendicular to the alignment of the sidewalk or curb. Any removal shall be done to the nearest joint.
3. Replaced sections of the sidewalk or curbs will require doweling at the joints. Replaced sections of sidewalks are required to have a minimum of 4-inches of concrete depth.
4. Where sidewalks cross driveways the minimum depth allowed is to be 6-inches for residential and 9-inches for commercial use.
5. Replaced sections of curbs are required to have a minimum depth of 20-inches.
6. All replaced sections of sidewalks shall be required to have 6X6 welded wire mesh for reinforcement.
7. All newly poured sidewalks and sections of sidewalks shall be barricaded and roped off to prevent damage from foot traffic for 72 hours. Any damage that may occur is the responsibility of the permittee/contractor, and it shall be their responsibility to replace it.
70.14 Performance of repair work (warranty)
The permittee/contractor shall maintain the area of the street cut repair, sidewalk repair, alley repair, and curb repair for 1-year after the repair has been made. The permittee/contractor shall agree to replace any defective areas that shall occur within the 1-year period.
70. Fines
Any person who violates a provision of this Code Section commits an ordinance violation and upon conviction shall be fined not more than Three Hundred Dollars ($300).
Ordinance #1-1985; adopted January 28, 1985
Ordinance #3-2006; adopted April 24, 2006
Ordinance #5-2021; adopted April 26, 2021
CHAPTER 71: STOP AND YIELD SIGNS
Section
71.01 Adopting Regulations
71.02 Definitions
71.03 Preferential Streets
71.04 Three and Four Way Stops
71.05 One Way Streets & Alleys
71.06 Right Turns Prohibited
71.07 Fines
71.01 ADOPTING REGULATIONS
The Council, acting within the reasonable exercise of its police power, adopts the following regulations governing certain road and streets under its jurisdiction.
71.02 DEFINITIONS.
For the purpose of this section the following terms shall be defined as follows:
1. TRAFFIC, means pedestrians, ridden or herded animals, streetcars, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
2. VEHICLES, means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or use exclusively upon stationary roads or tracks.
71.03 PREFERENTIAL STREETS.
The following streets are preferential streets. All traffic shall stop in accordance with IC 9-4-1 before entering the intersections of these streets or parts of streets.
1. Barclay Street:
From the south line of Eighth Street to the north line of Fourth Street
from the south line of Fourth Street to the north line of Washington Street
from the south line of Washington Street to the north line of Madison Street;
from the south line of Madison Street to the north line of Tyler Street.
2. Buckeye Street:
from the south line of Twelfth Street to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Fourth Street;
from the south line of Fourth Street to the north line of Washington Street;
from the south line of Washington Street to the north line of Madison Street.
3. Cottonwood Street:
from the north Town Limits to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Fourth Street.
4. Eighth Street:
from the west Town Limits to the west line of Main Street;
from the east line of Main Street to the east Town Limits.
5. Elm Street:
from the north Town Limits to the north line of Eighth Street;
from the south line of Eighth street to the north line of Washington Street;
from the south line of Jefferson Street to the north line of Madison Street.
6. Factory Street:
from the north Town Limits to the north line of Twelfth Street;
from the south line of Fourth Street to the north line of Washington Street;
from the south line of Washington Street to the north line of Tyler Street.
7. Fairmount Avenue:
from the south line of Washington Street to the north line of Tyler Street.
8. Fourth Street:
from the east line of Sycamore street to the west line of Elm Street.
9. Henley Avenue:
from the point on the southwest line of Main Street where Henley Avenue intersects Main Street and southwest to the Town Limit line.
10. Hill Street:
from the line of Fourth Street to the north line of Third Street;
from the south of Second Street to the north line of Washington Street;
from the south line of Washington Street to the north line of Circle Drive.
from the south line of Circle Drive to the north line of Fox Road.
11. Madison Street:
from the east line of Sycamore Street to the West line of Factory Street.
12. Main Street:
from the north Town Limits to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Washington Street;
from the south line of Washington Street to the south Town limits.
13. Mill Street:
from the north Town limits to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Fourth Street;
from the south line of Fourth Street to the north line of Washington Street;
from the south line of Washington Street to the northwest line of Henley Avenue;
from the south line of Tyler Street to the south Town limits.
14. Morton Street:
from the north Town limits to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Fourth Street;
from the south line of Fourth Street to the north line of Third Street.
15. Penn Street:
from the south line of Washington Street to the north line of Tyler Street.
16. Rush Street:
from the north Town limits to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Fourth Street;
from the south line of Fourth Street to the north line of Washington Street.
17. Sycamore Street:
from the southeast line of Main Street to the north line of Washington Street;
from the south line of Washington Street to the north line of Tyler Street.
18. Third Street:
from the east line of Wilson Street to the west line of Rush Street.
19. Tyler Street:
from the east line of Henley Avenue to the West line of Sycamore Street;
from the east line of Sycamore to the east Town limits.
20. Vine Street:
from the southeast line of Main Street to the north line of Eighth Street;
from the south line of Eighth Street to the north line of Fourth Street;
from the south line of Fourth Street to the north line of Washington Street;
from the south line of Washington Street to the north line of Madison Street,.
21. Walnut Street:
from the south line of Third Street to the north line of Washington Street;
from the south line of Washington Street to the north line of Tyler Street.
from the south line of Tyler Street to the north line of Lincoln Street.
22. Washington Street:
from the west Town limits to the west line of Main Street;
from the east line of Main Street to the east Town Limits.
23. Wilson Street:
from the south line of Eighth Street to the north line of Washington Street.
24. Fox Street:
from the east line of Hill Street to the east line of Hilltop Avenue.
71.03.02 STOPPING AT RAILROAD CROSSINGS
All Traffic shall stop in accordance with IC 9-4-1 before proceeding into a railroad crossing at the crossing intersection with these streets or parts of streets:
1. Fourth Street
71.04 THREE AND FOUR WAY STOPS.
1. Eighth Street and Main Street
2. Elm Street and Jefferson Street
3. Fourth Street and Rush Street (Ord 7-1976 passed 4-12-76)
4. Tyler Street and Sycamore Street (Ord. 6-1988 passed 4-12-88)
5. Elm Street and 12th Street (Ord. 7-2001; passed 10-22-01)
6. Fourth Street and Barclay Street ( Ord. 13-2002; passed 1014-02)
7. Madison and Barclay Streets (Ord. 13-2002; passed 10-14-02)
71.05 ONE WAY STREET AND ALLEYS:
The Council hereby declares that the following streets and alleys are one-way traffic only, in the direction indicated:
1. Adams Street
from Main Street to Walnut Street one-way east.
2. Adams Street
from Main Street to Mill Street, one-way west.
71.06 RIGHT TURNS PROHIBITED:
The following right turns by tractor and semi-trailer units are hereby prohibited within the Town of Fairmount:
1. Right turns on Elm Street from Washington Street.
DEFINITIONS:
1. Tractors: For purposes of 71.06, tractors is hereby defined as provided within IC 9-13-2-164.
2. Semi-Trailer: For -purposed of 71.06, semi-trailers hereby defined as provided by IC 9-13-2-1.
71.07 YIELD SIGNS.
The following streets are determined to be preferential streets. All traffic entering the intersection shall yield to the preferential traffic.
1. Fox Road shall be preferential at the intersection of Southwest Drive.
2. Circle Drive shall be preferential at the intersection of Hill Street.
3. Circle Drive shall be preferential at the intersection of Felton Street.
4. Fox Road shall be preferential at the intersection with Hill Street.
71.08 FINES
Any person who violates any provision of this Code section shall be fined as set fourth in Town Code Chapter 74 Violations.
Ord. #7-1976; passed 4-12-76;
Ord. #10-1976; passed 10-25-76
Ord. # 6-1988; passed 4-12-88
Ord. #13-1995; passed 9-11-95
Ord. #10-1999; passed 9-27-99
Ord. #6-2000; passed 6-12-00
Ord #7-2001; passed 10-22-01
Ord #2-2002; passed 2-18-02
Ord. #10-2004; passed 1-24-04
Ord. #6-2008; passed 6/23/08
Ord. #1-2010; passed 3/22/2010
CHAPER 72: PARKING REGULATIONS
Section
72.01 Parking Regulations
72.02 Vehicles 24’ or More Long
72.03 Parking Subject to 72.02
72.04 Post Office Parking
72.05 Limited No Parking Zone
72.06 Time Limit Parking Zone
72.07 Additional Parking restrictions
72.08 Owner’s Responsibilities
72.09 Fines
72.01 Parking Regulations
No person shall park, place or stand any vehicle in any of the following places:
1. Buckeye Street:
west side, from the south line of Washington Street
to the north line of Adams;
west side, from the south line of Washington Street
to the north line of Madison Street.
2. Henley Ave:
Both sides, from Main Street to south Town Limits.
3. Jefferson Street:
north side, from the east line of Main Street
to the west line of Sycamore Street;
north side, from the east line of Vine Street
to the west line of Buckeye Street;
south side, from the east line of Sycamore Street
to the west line of Vine Street.
4. Main Street:
east side, from the south line of Jefferson Street
to the north line of Madison Street;
east side, from the north line of First Street
to the south line of Eighth Street.
west side, from the south line of Monroe Street
to the north line of Lincoln Street.
5. Mill Street:
east side, from the south line of Fourth Street
to the north line of Washington Street;
east side, from the south line of Washington Street
to the north line of Adams Street;
west side, from a point fifty (50) feet north of the north line of Washington Street to Washington Street;
west side, from the south line of Washington Street
to the northwest line of Henley Avenue;
6. Penn Street:
east side, from Washington Street to Jackson Street.
7. Sycamore Street:
east side, from the southeast line of Main Street
to the north line of Madison Street.
8. Vine Street:
both sides, from the north line of Jefferson Street
to the south line of Washington Street.
9. Walnut Street:
west side, from the south line of Third Street
to the north line of Washington Street;
west side, from the south line of Washington Street
to the north line of Tyler Street.
10. Washington Street:
both sides, from the east line of Rush Street
to the west line of Fairmount Avenue.
11. Madison Street:
Both sides, from east line of Main Street to West line of Sycamore
72.02 Vehicles 24’ or More Long
Any person who parks a vehicle with a length of more than twenty-four (24) feet or any semi-tractor irrespective of length upon a public right-of-way within the town limits of the Town of Fairmount, Indiana, commits a violation of this Code Section. For purpose of this section, “length” shall include the total length of the vehicle or the total length of the vehicle plus the length of any coupled vehicle, including trailer, semi-trailer, travel trailer or similar vehicle. Any tractor-trailer unit, delivery van or similar vehicle parked upon the public right-of-way for a period not to exceed two (2) hours while loading or unloading shall not be in violation of this section.
(Ordinance $5-1990; passed June 25, 1990)
72.03 Parking Subject to 72.02
Any person who parks a vehicle subject to Subsection 71.02 in any portion of the Town where parking the vehicle is not prohibited must park the vehicle parallel to the curb or curb line and not more than one (1) foot from the nearest curb line on that street.
72.04 Post Office Parking
A person who parks any vehicle in the following locations for more than three (3) minutes or who knowingly or intentionally parks a vehicle without intending to engage in business at the U.S. Post Office commits a violation of this Section.
1. Main Street: west side, from Adams Street to forty-four (44) feet South of Adams Street.
72.05 Limited No Parking Zones
1. Adams Street:
both sides, between the West Line of Walnut Street to the East line of Mill Street, on Thursday, between 7:00 a.m. to 8:00 a.m.
2. Jefferson Street:
both sides, between the West line of Elm Street to the East line of Main Street, on Thursday, between 7:00 a.m. to 3:00 p.m.
3. Kelsu Drive:
both sides, in its entirety, on Thursday, from 7:00 a.m. to 3:00 p.m.
4. Main Street:
both sides in the 200 block, between the South line of Adams Street to the North line of Jefferson Street, on Thursdays, between 7:00 a.m. to 8:00 a.m.;
both sides, between First Street and South line of Eighth Street, on Thursday, between 7:00 a.m. to 3:00 p.m.;
east side, between the South line of Jefferson Street and the North line of Jefferson Street and the North line of Tyler Street, on Thursdays, between 7:00 a.m. to 3:00 p.m.;
west side, between Jefferson Street and the North line of Monroe Street, on Thursday, between 7:00 a.m. to 3:00 p.m.
both sides, between south line of First Street to North Line of Adams Street, on Thursday, between 7: a.m. to 8:00 p.m.
5. Mill Street:
east side, between South line of Washington Street and the North line of Henley Avenue, on Thursday, between 7:00 a.m. to 3:00 p.m.;
west side, between the North line of Washington and the South line of Fourth Street, on Thursday, between 7:00 a.m. to 3:00 p.m.
6 Penn Street:
both sides, from the South line of Washington Street to the North line of Jackson Street, on Thursdays, between 7:00 a.m. to 3:00 p.m.
7. Sycamore Street:
both sides, from the North line of Madison Street to the South line of Main Street, on Thursdays, from 7:00 a.m. to 3:00 p.m.
8. Walnut Street:
both sides, between the South line of Third Street and the North side of Tyler Street, on Thursday, between 7:00 a.m. to 3:00 p.m.
9. First Street:
both sides, between West side of Main Street and the East Line of Mill Street, on Thursday, between 7:00 a.m. to 3:00 p.m.
10. Seward Lane:
both sides, in its entirety, on Thursday between 7:00 a.m. to 3:00 p.m.
11. Circle Drive:
both sides, in its entirety, on Thursday, between 7:00 a. m. to 3:00 p.m.
72.06 Time Limit Parking Zones:
Any person who parks a vehicle longer than the time permitted in the areas specified below commits a violation of this Code section.
1. Adams Street:
both sides, no more than two (2) hours, between one half (1/2) block east of Main Street to one-half (1/2) block west of Main Street.
2. Main Street:
east side, no more than two (2) hours, between First Street and the North line of Jefferson Street;
west side, no more than two (2) hours, between First Street and Adams Street.
72.07 Towing:
Whenever a police officer finds any vehicles parked or standing upon the Town Streets or Highways in violation of any of the provisions of this code section, the officer may require the driver or other person in charge of the vehicle to move the vehicle to comply with this code section. If any person so directed fails or refuses to move the vehicle, or if the vehicle is unattended, then the officer may order the removal of the vehicle to the nearest available garage or other place of safety at the owner’s expense.
72.07 Additional Parking Restrictions:
The provisions of this Code section imposing a time limit on parking do not release any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in the specified places or at specified times designated by the Town Marshal or the Council if signs conforming to State Law are posted giving notice of more restrictive parking regulations.
72.08 Owner’s Responsibility:
A person who permits any vehicle registered in the name of that person or corporation to be parked of this Code section commits an ordinance violation.
72.09 Violations:
Any person who violates any provision of this Code section commits an ordinance violation and, upon conviction, shall be fined under Town Code Chapter 74.
Ordinance #7-1976; adopted 4-12-1976;
Ordinance #10-1976; adopted 10-25-1976.
Ordinance #8-2006; adopted 8-28-06
CHAPTER 73: RESTRICTED SPEEDS
Section
73.01 Title
73.02 Definitions
73.03 Streets
73.01 Title
The Board, acting within the reasonable exercise of its police power, adopts the following regulations governing certain speed restrictions under its jurisdiction.
73.02 Definitions
For the purpose of this section, the following terms shall be defined as follow:
TRAFFIC shall mean pedestrians, ridden or herded animals, streetcars, vehicles, and other conveyances, either singly or together while using any highway for purposes of travel.
VEHICLES shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power used exclusively upon stationary roads or tracks.
73.03 Restricted Speeds
All traffic shall be restricted to a speed not to exceed 20 M.P.H. upon the following streets or parts of streets:
(1) Madison Street from the east line of Sycamore Street to the railroad tracks.
(2) Sycamore Street from the south side of Washington Street to the north side of Tyler Street.
(3) Tyler Street from the west side of Sycamore Street to the railroad tracks.
(4) Buckeye Street from east side of Main Street to North side of Madison Street.
(5) Washington Street from East Side of Elm Street to the West Side of Hill Street.
(6) Main Street from the South side of Madison Street to North side of Third Street.
73.04 Fines
Any person who violates any provision of this Code section shall be deemed to have committed an Ordinance violation and, upon conviction, shall be fined as set forth in Town Code Chapter 74.
Ordinance #6-1988, adopted May 9, 1988
Ordinance #6-2017, adopted October 23, 2017
Ordinance #2-2019; adopted March 11, 2019
CHAPTER 74: VIOLATIONS
74.01 FINES: Any person who violates any provision of Town Code Chapters 71, 72, & 73 commits an ordinance violation and, upon conviction, may be fined not more than fifty dollars ($50.00), in addition to court costs.
74.02 PROSECUTION ALTERNATIVE: Any person charged with a violation of this Code Chapter may preclude prosecution by paying twenty-five ($25.00) to the Clerk-Treasurer within twenty (20) days following the issuance of the charge.
74.03 DEPOSIT FUNDS: All money paid to the Clerk-Treasurer under this section shall be deposited in the Town General Fund.
74.04 RECORDS: The Clerk-Treasurer shall maintain accurate records of the fines or other sum deposited under this Code section.
74.05 Establishment of Payment to Clerk-Treasurer: The Police Department for the Town of Fairmount is hereby appointed as a payment clerk to receive any fines which are assessed as a result of a violation of any town ordinances. The police department may appoint any employee or employees to serve as such payment clerk to receive and receipt the payment of any fines for violation of any ordinances therein.
74.06 Payment to Clerk-Treasurer: Within three (3) days of the receipt of any payment for ordinance violation fines, the police department shall disburse said funds to the Clerk-Treasurer’s office with appropriate information concerning the fine, name, address of the individual who made payment upon such fines and the ordinance violation involved.
74.07 Application: This section shall apply to any fines,
Ordinance #10-1976, adopted 10-25-1976.
Ordinance #4-2004; adopted 5-10-2004
Chapter 75: Bicycle Registration
Section
75.01 Bicycle Defined
75.02 Operations
75.03 License Required
75.04 Fees
75.05 Issuance
75.06 Records
75.07 Obtaining License
75.08 Attachment
75.09 Inspection
75.10 Bicycle Dealers
75.11 Restricts Bicycle Traffic
75.12 Violations
75.01 Bicycle Defined:
For purposes of this Code section, bicycle means any device propelled by human power upon which a person may ride, having two (2) tandem wheels which are over eighteen (18) inches in diameter with the tires inflated.
75.02 Operation:
All person riding a bicycle upon a roadway shall be subject to All State Laws and the provisions of this Code section. For the purpose of this Code section, a sidewalk or Town-owned property shall be deemed to be a roadway and shall be subject to the same traffic control as is the street parallel to that sidewalk or property.
75.03 License Required:
No person shall operate a bicycle on any street or public way unless a license issued by the Town Marshal is attached to that bicycle.
75.04 Fees:
Application for a bicycle license shall be made to the Town Marshal upon a form to be provided by the Marshal. The application shall be accompanied by a fee of fifty cents ($0.50). The fee becomes Town property upon its submission.
75.05 Issuance:
The Town Marshal shall issue bicycle licenses under this code section following receipt of the application and fee. The license shall be valid until January 1 of the second year following the date of issue.
75.06 Records:
The Town Marshal shall maintain a record of all licenses issued under this Code section. The record must state:
1. The person who received the license;
2. The number of licenses issued to the person;
3. The number of the bicycle frame; and
4. The receipt of the fee for the licenses.
75.07 Obtaining Licenses:
1. A person who purchase or receives a bicycle shall obtain a license under this section within twenty-four (24) hours of the transfer of ownership. This time excludes town holidays
2. Any person who has a bicycle license which expired on the preceding January 1 shall obtain a replacement license no later than the next May 15 following the date of expiration.
75.08 Attachment:
1. A bicycle license shall have on its face the registration number assigned to the bicycle for which it is issued, the name Fairmount and the date on which it will expire.
2. The Town Marshal shall cause a bicycle license issued under this Code section to be attached to the bicycle.
75.09 Inspection:
The Town Marshal shall inspect each bicycle presented for licensing and shall refuse to issue a license for any bicycle found to be in unsafe mechanical condition.
75.10 Bicycle Dealers:
All persons engaged in the business of buying or selling new or secondhand bicycle shall make a monthly report to the Town Marshal. This report must give the name and address of the person from or to whom each bicycle is sold or purchased, its description, frame number, and the number of the license, if any.
75.11 Restrict Bicycle Traffic:
It would be in the best interest to restrict bicycle traffic within certain sections of the Town limits for the safety of its pedestrians:
A. For purpose of this Section, “vehicle” is hereby defined as any motorized or non-motorized vehicle utilized for transportation, including any bicycles, tricycles, unicycles, motorcycles, motorbikes, mopeds, skateboards, roller blades, scooters, whether wheeled or with rollers, or any other form of vehicles, excluding only those which may be utilized by handicapped individuals for transportation or are used for transportation or are used for young children, such as strollers or baby carriages;
B. No vehicle shall be ridden or parked on sidewalks on Main Street between Second Street to Jefferson Street. All sidewalks one block west of Main Street between Main and Walnut Street and one block east of Main Street between Main and Walnut Street;
C. Bicycle racks shall be installed at the intersections of Main Street and Adams Street, and First Street and Main Street in the town for the utilization by any individuals operating any vehicles within the prohibited areas;
D. Subsection B of this section shall not be applicable to store owners within the prohibited area who may have vehicles for sale and which vehicles are parked on the sidewalks for purposes of sale only:
E. Any person who violates any provision of this Code section shall be deemed guilty of any ordinance violation, and such vehicle shall be confiscated by the police department and shall be returned to its owner after the same has been impounded for 24 hours, or if the rider is under the age of 18 years of age, to the rider’s parents.
75.12 Violations:
Any person who violates this code section commits an ordinance violation and, upon conviction, shall be fined under Town Code Chapter 74. In addition, that person may have his or her bicycle license revoked for a period not to exceed ten (10) days and may have his or her bicycle impounded for a period not to exceed ten (10) days.
Ord. 9-1988; passed 7-11-88;
Ord 3-2003; passed 3-24-03
CHAPTER 76: STREET CLOSING
Section
76.01 Streets Closed
76.01 STREETS CLOSED
The following streets are hereby ordered as closed by the Town Council of Fairmount:
1. Jefferson Street at the point where it intersects with the railroad grade crossing.
2. Second Street a the point where it intersects with the railroad grade crossing.
Ord #6-2000; passed 6-12-00