ORDINANCE 2005-1

ORDINANCE DESIGNATING A STOP ON EAST LINCOLN STREET; A YIELD ON SOUTH JEFFERSON STREET AND THE RIGHT OF WAY FOR WEST LINCOLN STREET.   THIS ORIDINANCE REPLACES ORDINANCE 1997-13.

            Whereas the Town Council of the Town of Millersburg desires to promote traffic safety:

            Whereas, Indiana Code 9-21-1-2 authorizes a local authority to regulate traffic with respect to the streets and highways under its jurisdiction, and Indiana Code 9-21-1-3 authorizes a local authority to designate an intersection as a stop/yield intersection and require all vehicles to stop at one or more entrances to the intersection, so long as the streets and highways are under the authorities jurisdiction;

            Whereas, Jefferson Street and Lincoln Street in the Town of Millersburg are within the Town Councils jurisdiction, and the Town Council believes it is in the interest of traffic safety to designate the intersection of South Jefferson Street and East Lincoln Street as a stop intersection for westbound traffic on East Lincoln Street, and a yield intersection for southbound traffic on South Jefferson Street and Lincoln Street.

Whereas, the Town Council desires to establish penalties for failure to stop or the failure to yield the right-of-way at any intersections within the jurisdiction of the Town of Millersburg;

            Now, therefore, be it ordered, established, and ordained by the Town Council of the Town of Millersburg, Indiana as follows:

• The intersection of East Lincoln Street and South Jefferson Street in the Town of Millersburg is hereby designated as a stop intersection for westbound traffic on East Lincoln Street so that all westbound vehicles on Lincoln Street are required to stop and yield the right-of-way in compliance with state law before entering this intersection.

• The intersection of South Jefferson Street and Lincoln Street in the Town of Millersburg is hereby designated as a yield intersection for southbound traffic on South Jefferson Street so that all southbound vehicles on Jefferson Street are required to yield the right-of-way in compliance with state law before entering this intersection.

• The Town of Millersburg Street Department is hereby authorized in accordance with Indiana Code 9-21, to post a stop sign for westbound traffic on Lincoln Street at the intersection with Jefferson Street, and a yield sign for southbound traffic on Jefferson Street at the intersection with Lincoln Street.

• All vehicles approaching any stop or yield intersection in the Town of Millersburg, as its boundaries may change from time to time, in a direction for which the vehicle is designated to stop at the intersection by traffic signs posted in accordance with Indiana Code 9-21 are required to stop and yield the right-of-way in compliance with state law before entering any designated stop or yield intersection.

• Ordinance violations shall be enforced under proceedings brought pursuant to Indiana Code 34-4-32-1 et seq. in a manner similar to that of infractions with complaint and summons described in Indiana Code 9-30-3-6 issued by the Millersburg Police Department or other police agencies.   Any person who is found to have violated any provision of this Ordinance, or who violates any future Ordinance designating a stop or yield intersection, shall be punished by a fine of not less that Twenty-five Dollars ($25.00) nor more that Five Hundred Dollars ($500.00) for each separate offense.

• Revenues generated from fines for violations of this ordinance shall be deposited in the Law Enforcement Continuing Education fund of the Millersburg Police Department, Town of Millersburg, Indiana.

• This ordinance shall be effective from and after its passage by the Town Council and publication according to law, and upon posting of signs giving notice of the Stop-Yield intersection at the affected intersection.