TITLE 9
MOTOR VEHICLES

ARTICLE 1.
TRAFFIC ORDINANCE

Chapter 1
County Speed Limit

County Speed Limit 

Speed Limit on County Highway Set at 50 mph.  WHEREAS, investigation has been made of the width, the condition, and the character of the pavement or other improvement of the highways of DeKalb County, Indiana, and such investigation has disclosed that none of such highways are safe for travel at a speed greater than 50 miles per hour.

NOW, THEREFORE, be it ordained by the DeKalb County Commissioners of DeKalb County, Indiana that the prima facie speed limits as set forth in the Motor Vehicle Code of the State of Indiana wherein it is provided that a speed of more than 65 miles per hour shall constitute prima facie negligence, be and the same in hereby altered and modified in so far as same applies to the county highways of DeKalb County, Indiana and it is ordained hereby that a speed of more than 50 miles per hour, on a county highway in DeKalb County in the State of Indiana shall be and constitute prima facie evidence of criminal negligence.

Be it further ordained that the County Highway Superintendent of DeKalb County, Indiana be and he is hereby authorized and directed to post speed limit signs in accordance with this ordinance when and as funds of the said County Highway Department are available for such purpose.

(Ord. o030657, passed March 6, 1957)

Speed Limit for County Road 40-A.  WHEREAS, the DeKalb County Commissioners have caused a traffic study to be made over and along County Road 40A from County Road 39 to the Auburn City limits; and

WHEREAS, the DeKalb County Commissioners have determined that it is in the best interest of the health, safety and general welfare of the public traveling over and along County Road 40A from County Road 39 to Auburn City limits, to have the speed of motor vehicles along said roadway temporarily regulated to a speed of 45 miles per hour, this temporary speed regulation to be for a period of two years from the effective date of the ordinance;

THEREFORE BE IT ORDAINED THAT:

The maximum speed limit over and along County Road 40A from County Road 39 to the Auburn City limits in DeKalb County, Indiana shall be 45 miles per hour for all motor vehicles traveling over and along said roadway.

Violators of this ordinance may be charged by a traffic summons issued by any police officer having traffic enforcement jurisdiction in the area and the county prosecuting attorney is authorized to prosecute the violation and the courts of DeKalb County, Indiana having general traffic jurisdiction shall be empowered to process such charges as violations of law, as are all other speeding violations of the Indiana Code and like penalties shall be imposed.

This ordinance shall become effective after the third reading and publication of this ordinance as is required by law, and shall remain in full force for a period of two years from the effective date at which time the county shall make an additional study and either discontinue the speed limitations or make same permanent.

(Res. 92-8, passed November 23, 1992)

Traffic Ordinance.  WHEREAS, the DeKalb County Commissioners have through their DeKalb County Highway Superintendent studied the traffic flow of County Road 427 adjacent to the property owned by DeKalb Central United School District in DeKalb County, Indiana,

WHEREAS, the DeKalb County Commissioners have received a recommendation from their DeKalb County Highway Superintendent and from the Superintendent of the DeKalb Central United School District to make the maximum speed limit 45 miles per hour on County Road 427 adjacent to the property owned by the DeKalb Central United School District in DeKalb County, Indiana,

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Section l. 45 MPH SPEED LIMIT: The maximum speed limit over and along County Road 427 from the north line of County Road 34 intersection with County Road 427 along the property owned by the DeKalb Central United School District to a distance five hundred feet (500') north of the north line of the north driveway of the property adjacent to County Road 427 of the DeKalb Central United School District, for all motor vehicles traveling over and along said roadway.

Section 2. SPEED VIOLATIONS: Violators of the Ordinance may be charged by a traffic summons issued by any police officer having traffic enforcement jurisdiction in the area of County Road 427 adjacent to the DeKalb Central United School District in DeKalb County, Indiana.

2.1 The DeKalb County Prosecuting Attorney is authorized to prosecute any violation of this Ordinance.

2.2 Any Court of DeKalb County, Indiana, having general traffic jurisdiction shall be empowered to process such charges as violations of the law, similar to other speeding violations of the Indiana Code.

2.3 Any existing penalties for violations shall be applied to this Ordinance and be imposed for any such violations.

Section 3.EFFECTIVE DATE: This Ordinance shall become effective after passage of the third reading as adopted by the DeKalb County Commissioners and the publication of this Ordinance thereafter as required by law..

(Ord. 96-2, passed May 20, 1996)

Speed Zone on County Roads 35 and 40A.  Upon motion duly made by Vern Myers, seconded by Earl Husselman and unanimously passed the following resolution was passed limiting and establishing a 30 mile per an hour speed zone to begin at a point on County Road # 35, one half mile south of its intersection with County Road 40A and thence running North on County Road # 35 for one mile. Beginning at the intersection of County Road # 35, and County Road 40A and, thence running east for distance of one-half mile on County Road # 40A.

(Res. 040363, passed April 3, 1963)

Speed Zone on County Road 48.  MATTER OF SPEED ZONE RESOLUTION:

A motion was made by Robert Forrest and seconded by Sam Cook that a speed zone of 30 miles per hour be established on County Road #48 between Interstate 69 and County Road #29. All resolutions or motions which are in conflict are hereby repealed.

(Res. 090765, passed September 7, 1965)

Speed Zone for County Road 28.  BE IT RESOLVED by the DeKalb County Commissioners that a 30 mile per hour speed limit be placed from U.S. Highway # 27 on County Road #28 and extending east 1500 feet.

(Res. 101165, passed October 11, 1965)

Speed Limit on County Road 60 between Old State Road 427 and County Road 27.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That after studying the traffic situation on County Road 60 from former State Road 427 in Jackson Township, DeKalb County, Indiana, East to where County Road 60 intersects with County Road 27 in said Jackson Township, that the following speed limit be established on said County Road 60 between the two mentioned roads, former State Road 427 and County Road 27, to be thirty (30) miles per hour.

BE IT FURTHER RESOLVED, that the County Highway Superintendent be and he is hereby directed to post appropriate signs to carry out this resolution,

FURTHER all resolutions heretofore passed by the DeKalb County Indiana County Commissioners which are in conflict with this resolution are hereby repealed.

(Res. 68-3, passed May 20, 1968)

Speed Control on County Road 19.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That upon being presented with a petition containing twenty-two names and hearing complaints, the Board approved a 35 MPH speed limit from US #6 to the NYC (Penn Central) RR crossing on County Road #19.

BE IT FURTHER RESOLVED, that the County Highway Superintendent be and he is hereby directed to post appropriate signs to carry out this Resolution.

FURTHER all Resolutions heretofore passed by the DeKalb County Board of Commissioners, which are in conflict with this Resolution, are hereby repealed.

(Res. 73-1, passed July 16, 1973)

Speed Limit-County Road 48 between Garrett City Limits and Overpass of Interstate I-69.  WHEREAS, The County Commissioners have jurisdiction over the speed limit on county roads within the County of DeKalb, and,

WHEREAS, The County Commissioners have investigated the motor vehicle traffic on DeKalb County Road 48 between the city limits of the towns of Garrett and Auburn, Indiana, and have determined that many citizens travel to and from the towns and area of Garrett and Auburn, Indiana, on, over and across said County Road 48 and there is a high utilization of said County Road 48 by automobile and truck traffic, and

WHEREAS, said County Commissioners, having considered the safety of the public driving motor vehicles on said county road, determined that a speed limit should be established thereon,

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB, that on County Road 48 between the city limits of Garrett, Indiana and overpass of Interstate I-69 across said County Road 48 near the city limits of Auburn, Indiana, that the maximum speed limit shall be fifty (50) miles per hour.

(Res. 75-1, passed January 20, 1972)

County Road 35, Between County Roads 38 and 36.  The Commissioners adopted the following resolution pursuant to a prior agreement with Dr. Floyd B. Coleman, wherein Dr. Coleman conveyed certain real estate for right of way purposes of that new part of County Road 35 in Section 22 - T34N -R 13 E between County Road 38 on the south and Road 36 on the north, and the county conveyed by Quit Claim Deed to Dr. Coleman any right of way interest in the old portion of County Road 35 abandoned.

Be it resolved that the Commissioners by Quit Claim Deed convey right of way over that portion of County Highway 35 which has been abandoned lying north of County Road 38 and south of County Road 36 in Section 22-T34N-R 13 E.

(Res. 121178, passed December 11, 1978)

Traffic Ordinance-County Road 35.  WHEREAS, the DeKalb County Commissioners have caused a traffic study to be made over and along county Road 35 from County Road 34 to State Road 8; and

WHEREAS, the DeKalb County Commissioners have determined that it is in the best interest of the health, safety and general welfare of the public traveling over and along County Road 35 from County Road 40 (Morning Star Rd.) to State Rd. 8 to have the speed of motor vehicles along said roadway temporarily regulated to a speed of 45 miles per hour, this temporary speed regulation to be for a period of two years from the effective date of this ordinance;

THEREFORE, BE IT ORDAINED, that the maximum speed limit over and along County Road 35 from County Road 40 (Morning Star Rd.) to State Road 8 in DeKalb County, Indiana shall be 45 miles per hour for all motor vehicles traveling over and along said roadway.

Violators of this ordinance may be charged by a traffic summons issued by any police officer having traffic enforcement jurisdiction in the area and the county prosecuting attorney is authorized to prosecute the violation and the courts of DeKalb County, Indiana having general traffic jurisdiction shall be empowered to process such charges as violations of law, as are all other speeding violations of the Indiana Code and like penalties shall be imposed.

This ordinance shall become effective after the third reading and publication of this ordinance as is required by law, and shall remain in full force for a period of two years from the effective date at which time the county shall make an additional study and either discontinue the speed limitations or make same permanent.

(Ord. 92-7, passed November 23, 1992)

Speed Zone on County Road 40A. 

Speed Limit on County Road 59.  WHEREAS, Construction of new County Road 206 and construction at the Steel Dynamics, Inc. Site in Wilmington Township, DeKalb County, Indiana has been and is expected to continue for at least two years or more from this date in the vicinity of County Road 59 in DeKalb County, Indiana;

WHEREAS, the DeKalb County Commissioners have received a recommendation from their DeKalb County Highway Superintendent to make the maximum speed limit 45 miles per hour on County road 59 from Indiana State Road 8 to United States Highway 6 in DeKalb County, Indiana;

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Section 1.45 MPH SPEED LIMIT: From July 15, 1996 through December 31, 1998, the maximum speed limit shall be 45 mph over and along County Road 59 from Indiana State Road 8 to United States Highway 6 in DeKalb County, Indiana, for all motor vehicles traveling over and along said roadway. The DeKalb County Highway Department shall post signs notifying the traveling public of the temporary speed limits established under this section.

Section 2.SPEED VIOLATIONS: Violators of the Ordinance may be charged by a traffic summons issued by any police officer having traffic enforcement jurisdiction in the area of County Road 59 from Indiana State Road 8 to United States Highway 6 in DeKalb County, Indiana.

2.1 The DeKalb County Prosecuting Attorney is authorized to prosecute any violation of this Ordinance.

2.2 Any Court of DeKalb County, Indiana, having General traffic jurisdiction shall be empowered to process such charges as violations of the law, similar to other speeding violations of the Indiana code.

2.3 Any existing penalties for violations shall be applied to this Ordinance and be imposed for any such violations.

Section 3. EFFECTIVE DATE: This Ordinance shall become effective after passage of the third reading as adopted by the DeKalb County Commissioners and the publication of this Ordinance thereafter as required by law.

(Ord. 96-6, passed July 15, 1996)

County Road 62 between CR 29 and CR 27.  Whereas a new road designated as Count Road 62 running east to west from County Road 29 to County Road 27 has been completed under the supervision of the DeKalb County Aviation Board at the direction of the DeKalb County Commissioners and the DeKalb County Highway Superintendent;

Now therefore upon the recommendation of the DeKalb County Aviation Board and the DeKalb County Highway Superintendent, the County Commissioners do now accept that portion of Count Road 62 between County Road 29 and County Road 27 as a part of the county highway system subject to the obligation of the road construction contractor Wayne Asphalt to maintain said road for one year under the warranty of the contractors performance bond.

(Res. 082988, passed August 29, 1988)

Speed Zone on County Road 68.  RESOLVED, that a speed zone of twenty miles per hour be established on the road running north of the County Road 68, Spencer Township in DeKalb County, Indiana approximately 100 ft. west of the Wabash Railroad in said township and county;

FURTHER RESOLVED, that county road #68 in Spencer Township, DeKalb County, Indiana be designated as a Preferential Road at the intersection of Said county Road # 68 with the road running north thereon approximately 100 ft. west of the Wabash Railroad in said township and County.

(Res. 62-1b, passed January 22, 1962)

County Road 427 North. 

County Road 29.  WHEREAS, the DeKalb County Commissioners have through their DeKalb County Highway Superintendent studied the traffic flow on County Road 29 South from County Road 52 to County Road 56 adjacent to and in the proximity of the property used and owned by Lakewood Park Christian School and Baptist Church in DeKalb County, Indiana,

WHEREAS, the DeKalb County Commissioners have received a recommendation from their DeKalb County Highway Superintendent and from the Superintendent of the DeKalb Central United School District to make the maximum speed limit 45 miles per hour on County Road 29 South from County Road 52 to County Road 56 adjacent to and in the proximity of the property owned by Lakewood Park Christian School and Baptist Church in DeKalb County, Indiana,

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

County Road 52 Speed Zone and No Parking Ordinance.  WHEREAS, the DeKalb County Commissioners have through their DeKalb County Highway Superintendent studied the traffic flow on County Road 29 South from County Road 52 to County Road 56 adjacent to and in the proximity of the property used and owned by Lakewood Park Christian School and Baptist Church in DeKalb County, Indiana,

WHEREAS, the DeKalb County Commissioners have received a recommendation from their DeKalb County Highway Superintendent and from the Superintendent of the DeKalb Central United School District to make the maximum speed limit 45 miles per hour on County Road 29 South from County Road 52 to County Road 56 adjacent to and in the proximity of the property owned by Lakewood Park Christian School and Baptist Church in DeKalb County, Indiana,

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Garrett. 

Chapter 2
Traffic Controls

Traffic Controls 

Traffic Controls at Intersection of County Roads 28 and 75.  WHEREAS, the DeKalb County Commissioners, have undertaken a traffic study of the traffic flow of the highways known as County Road 28 and County Road 75 all in DeKalb County, Indiana, with particular attention to the traffic control at the intersection of said highways, and

WHEREAS, said traffic study results indicate the necessity of making the flow of all traffic in all directions at said intersection come to a complete stop before entering said intersections, and

WHEREAS, after the aforesaid traffic study it has been deemed feasible by said County Commissioners to enact an ordinance, establishing stop signs for the traffic flowing from the east to the west, and the west to the east, and from the north to the south, and from the south to the north,.

NOW THEREFORE be it ordained that the County Commissioners for the County of DeKalb, State of Indiana, do now enact the following ordinance concerning traffic control at the intersections of County Road 28 and County Road 75 in DeKalb County, State of Indiana,

All prior traffic control ordinances controlling the flow of traffic at the intersections of County Road 28 and County Road 75 in the County of DeKalb and the State of Indiana are now hereby rescinded, and

The County of DeKalb is now hereby authorized to and does hereby establish that the flow of traffic in all directions at the intersections of said county roads shall come to a complete stop before entering said intersection and the County Highway Department is hereby authorized to and directed to place stop signs in the proper locations as provided by law at said intersection in all four directions,

Failure of vehicular traffic to obey said traffic control stop signs as established in this ordinance shall be punishable as a violation of Indiana Code 9-4 and said ordinance is enacted under the authority of local traffic control as provided in Indiana Code 9-4-1-28 and said County Road 28 and said County Road 75 at the intersection of said county roads shall be designated as stop intersections in all four directions.

All persons operating motor vehicles entering said intersection shall obey said stop signs in conformance with the Indiana traffic code, or be subject to the penalties provided therein.

Any violation of this ordinance by an operator of a motor vehicle of said traffic control shall be punishable as an infraction pursuant to the provisions of Indiana Code 9-4.

(Ord. 80-2, passed November 3, 1980)

Traffic Control at Intersection of County Roads 54 and 51.  WHEREAS the County Commissioners having been duly advised in the premises, they do now enact the following ordinance:

Be it ordained that all traffic approaching the intersection of County Road #54 (east and west) and County Road #51 (north and south) shall come to a complete stop before entering said intersection, and there shall be posted at all entrances to said intersection proper stop signs in the form and at the position required by the law of the State of Indiana, and it shall be unlawful for any traffic to fail to obey such stop designations as same may be provided for in the Indiana Motor Vehicle Code, and violators shall be punished as provided in that law.

(Ord. 83-3, passed June 20, 1983)

Traffic Control-County Road 427 during A.C.D. Festival.  WHEREAS the County Commissioners of DeKalb County have determined that an emergency will exist during the period of midnight September 2, 1983 through midnight September 5. 1983 concerning traffic over and along what is known as County Road 427 North of the City of Auburn, for purposes of controlling the traffic during the A. C. D. Festival.

NOW THEREFORE BE IT ORDAINED:

That from September 2, 1983 at the hour of midnight through September 5, 1983 at the hour of midnight the traffic flow over and along County Road 427 in DeKalb County from the intersection of Van Buren Street and Main Street in the City of Auburn, County of DeKalb, State of Indiana and North to the intersection of said County Road 427 with County Road 35 all traffic shall flow in a Northerly direction and emergency signs, signals and enforcement thereof shall be effective during that time period described.

A violation of said one way traffic ordinance shall be treated as a traffic infraction within the terms and meaning of the statutes provided therefore and the penalties therein incorporated shall be applied.

(Ord. 83-4, passed August 1, 1983)

Traffic Control at County Roads 327 & 60.  WHEREAS a traffic study having been made by the DeKalb County Highway Department, and a determination having resulted in the unanimous conclusion of the DeKalb County Commissioners that a need exists to reduce the speed of traffic over County Road #327 near the point that same intersects with County Road #60 (also known as the "Butler Center" settlement).

NOW THEREFORE be it ordained that the maximum speed limit to all vehicular traffic over and along said County Road #327, for a distance of 1750 feet north of the intersection of County Road #327 with County Road #60 shall be forty (40) miles per hour over said County Road #327 to the center of the stated intersection with County Road #60. Any violation of this speed limit shall be punishable as an excessive speed (speeding) violation as provided for in the Indiana Code as same now exists or may hereafter be amended as a motor vehicle traffic offense.

Said speed limit shall be posted and the curve in the road at such intersection shall be marked clearly at the point of the curve and with ample warning signs in advance.

(Ord. 83-7, passed September 26, 1983)

Traffic Control Along County Road 427 During A.C.D. Festival.  WHEREAS the County Commissioners of DeKalb County have determined that an emergency will exist during the period of midnight, August 31, 1984 through midnight September 3, 1984, concerning traffic over and along what is known as County Road 427 North of the City of Auburn, for purpose of controlling the traffic during the A.C.D. Festival.

NOW THEREFORE BE IT ORDAINED:

That from August 31, 1984 at the hour of midnight through September 3, 1984 at the hour of midnight the traffic flow over and along County Road 427, in DeKalb County from the City Limits of the City of Auburn, County of DeKalb, State of Indiana and North to the intersection of said County Road 427 with County Road 35 all traffic shall flow in a Northerly direction and emergency signs, signals and enforcement thereof shall be effective during that time period described.

A violation of said one-way traffic ordinance shall be treated as a traffic infraction within the terms and meaning of the statutes provided therefore and the penalties therein incorporated shall be applied.

(Ord. 84-2, passed August 20, 1984)

Traffic Control Along County Road 427 During A.C.D. Festival. Whereas the County Commissioners of DeKalb County have determined that an emergency will exist annually during the period of midnight Friday preceding Labor Day through midnight the Monday thereafter, concerning traffic over and along what is known as County Road 427 North of the City of Auburn, for purpose of controlling the traffic during the A.C.D. Festival.

NOW THEREFORE BE IT ORDAINED:

That annually from the hour of midnight the Friday preceding Labor Day through the hour of midnight the Monday thereafter the traffic flow over and along County Road 427, in DeKalb County from the City Limits of the City of Auburn, County of DeKalb, State of Indiana and North to the intersection of said County Road 427 with County Road 35 all traffic shall flow in a Northerly direction and emergency signs, signals and enforcement thereof shall be effective during that time period described.

A violation of said one-way traffic ordinance shall be treated as a traffic infraction within the terms and meaning of the statutes provided therefore and the penalties therein incorporated shall be applied.

(Ord. 85-2, passed August 12, 1985)

Traffic Control on County Road 31 between County Road 427 and 34.  WHEREAS, the DeKalb County Commissioners, by and through the DeKalb County Highway Department and the DeKalb County Sheriff's Department have completed a traffic study of motor vehicle traffic over and along County Highway 31 between County Road 427 and County Road 34 concluding that any parking of motor vehicles on either side of said Highway 31 in the described area presents a traffic hazard to traffic moving through that area.

NOW THEREFORE, Be It Resolved that:

Henceforth after proper publication of this notice as may be required by law the parking of motor vehicles along either side of County Road 31, between County Road 427 and County Road 34 shall be prohibited and vehicles left unattended in that area shall be towed away at the owners expense under direction of any qualified police officer having jurisdiction, to which the officer may add a citation for a Class C infraction. The DeKalb County Highway Department shall sign the area to regulate, warn and guide motorists in conformance with the specifications provided for in the State of Indiana for highway safety.

(Ord. o092391, passed September 23, 1991)

Traffic Control on County Road 35 & County Road 40A.  WHEREAS, the DeKalb County Highway Department has made a traffic study of the intersection of County Road 35 and County Road 40A, checking the visibility, traffic speed and driver adherence to existing traffic controls; and a report of said study having been made to the DeKalb County Commissioners, who have studied the report;

NOW THEREFORE, be it ordained that all traffic proceeding in all four directions at the intersections of County Road 35 and County Road 40A shall come to a complete stop before proceeding into said intersections when traffic has cleared and the DeKalb County Highway Department shall post said intersection as a four way stop in accordance with the provisions of the Indiana Department of Transportation manual; with signs and a four way red flasher.

Violators of the traffic control signals shall be charged with a traffic offense in accordance with the provisions of Indiana Code regarding a traffic signal and such penalties as may be applied by an authorized court administering such traffic offenses. Effective after publication as required by law.

(Ord. 92-4, passed August 24, 1992)

Traffic Control, County Road 60 between Old State Road 427 and County Road 29.  Whereas the County Commissioners of DeKalb County have determined that an emergency will exist during the day light hours of May 21, 1994 and May 22, 1994 concerning traffic over and along what is known as County road 60 between Old SR 427 and County Road 29 for purpose of controlling the traffic during the vintage aircraft auction.

NOW THEREFORE BE IT ORDAINED, that from the hour of 5:00 a.m. until 8:00 p.m. on May 21, 1994 and from 5:00 a.m. until 8:00 p.m. on May 22, 1994 the traffic flow over and along County Road 60 in DeKalb county will

be temporarily limited to one way traffic only in an easterly direction and emergency signs, signals and enforcement thereof shall be effective during that time period described.

All highway berms shall be kept open for emergency traffic.

A violation of this ordinance shall be treated as a traffic infraction within the terms and meaning of the statutes provided therefore and the penalties therein incorporated shall be applied.

(Ord. 94-6, passed May 16, 1994)

Traffic Control at Holiday Lakes.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA; That traffic on the hereinafter mentioned County roads be required to stop before entering onto intersecting County roads as follows, to-wit:

Traffic on County road Skyline Drive, Butler Township, DeKalb County, Indiana at County roads intersection with County road number 7A and U. S. Highway number 27; also for traffic proceeding South on road Skyline Drive intersects with County road, Cedar Chapel

BE IT FURTHER RESOLVED, That Yield signs be posted at the following locations in the Holiday Lakes Addition, Butler Township, DeKalb County, Indiana, to-wit:

Before entering County road number 66 from Thornewood Drive;

Before entering County road number 7A from Pine Tree Road; and

Before entering County road number 7A from Cotton Wood Drive

BE IT FURTHER RESOLVED, That after studying the traffic situation at the said Holiday Lakes Addition in Butler Townships, DeKalb County, Indiana, that the following speed limits be established for the following County roads located in said Addition, to-wit:

Speed limit of thirty (30) miles per hour on Skyline Drive.

Speed limit of twenty (20) miles per hour on Cotton Wood Drive, South Cotton Wood Drive, North Cotton Wood Drive, Thorne Wood Drive and Pine Tree Road,

BE IT FURTHER RESOLVED, That the playground area in said Holiday Lakes Addition be designated by an appropriate sign.

BE IT FURTHER RESOLVED., That the Highway Superintendent be and he hereby is directed to post appropriate signs to carry out this resolution.

FURTHER all resolutions heretofore passed by the DeKalb County Indiana County Commissioners which are in conflict with this resolution are hereby repealed.

(Res. 67-3, passed February 6, 1967)

Traffic Control on Country Road 427A From South City Limits of Auburn to Allen County Line.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That after studying the traffic situation on County Road 427A from the South City limits of Auburn, DeKalb County, Indiana to the Allen County, Indiana County line, that the following speed limit be establish on said County Road 427A to-wit: Sixty (60) miles per hour.

BE IT FURTHER RESOLVED, That the County Highway Superintendent be and he is hereby directed to post appropriate signs to carry out this Resolution.

FURTHER all Resolutions heretofore passed by the DeKalb County Indiana County Commissioners which are in conflict with this Resolution are hereby repealed.

(Res. 67-10, passed October 23, 1967)

Traffic Control of County Roads 19 and 52, Keyser Township.  On motion by Frank Laub, duly seconded and unanimously carried, the following resolution was adopted:

RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That after studying the traffic situation on County Road # 19 at its junction with County Road # 52 in Keyser Township, DeKalb County, Indiana, the following changes are hereby made. The "STOP" sign will be removed from County Road # 19 and a "YIELD" sign placed on County Road #52 for traffic headed West on County Road #52.

BE IT FURTHER RESOLVED, That the County Highway Superintendent be and he is hereby directed to post appropriate signs to carry out resolution.

FURTHER, All resolutions heretofore passed by the DeKalb County Indiana Commissioners which are in conflict with this resolution are hereby repealed

(Res. 022469, passed February 24, 1969)

Chapter 3
Leaky Loads

Leaky Loads.  WHEREAS, the DeKalb County Commissioners have investigated a number of complaints about leaky loads from trucks traveling over county roads in the area northeast of the city of Auburn,

NOW THEREFORE BE IT ORDAINED, that all vehicles hauling loosely packed materials such as paper, garbage, cans, bottles, and other containers, trash and other debris over and along county roads located in DeKalb County must have the load completely enclosed on all six sides in such a manner that there will be no load leakage and the driver of any motor vehicle found to be traveling over the county roads in without sufficient enclosure to prevent such leakage shall be charged with a Class B misdemeanor and prosecuted and upon being found guilty of this violation in a court with such misdemeanor jurisdiction said violator shall be penalized accordingly, and a lack of a tightly secured cover on the top of such a load shall be prima facia evidence of a violation of this ordinance. A violation of this ordinance shall be in addition to the violation of any other laws that may have simultaneously occurred. This ordinance shall not apply to the transportation of agricultural products or government vehicles.

Any operator of a depot receiving a load of such materials that is located in DeKalb County from a vehicle not in compliance with the enclosure provisions of this ordinance that does not reject the receipt of such materials shall be guilty of a separate Class B Misdemeanor and prosecution and penalization shall be imposed accordingly for each separate load accepted.

This ordinance to be effective upon publication as required by law.

(Ord. 92-5, passed August 31, 1992)

Load Limit on County Roads and Highways.  WHEREAS, the County has invested a large sum of money in the 753 miles of County road and highways, and

WHEREAS, the winter has been particularly hard on the county roads and highways, and

WHEREAS, this Board is attempting to protect the county roads and highways during the annual spring breakup,

NOW, THEREFORE, Be it resolved, that all gravel roads in the County shall have an eight (8) ton load limit and a twelve (12) ton load limit for trucks on bituminous roads in the county.

BE IT FURTHER RESOLVED, that the DeKalb County Highway Supervisor is here by directed to post load limit signs on all county Highways as here in above provided.

BE IT RESOLVED, that the DeKalb County Highway Supervisor may waive upon written request by an individual, firm, corporation and/or company, the load limitation restriction for any particular road and/or highway for good cause, provided however that a sufficient bond payable to DeKalb County, Indiana, to cover any damage to said road and/or highway by use thereof be furnished by said individual, firm, corporation and/or company requesting said waiver of the load limit restriction in its use of a county road and or highway.

BE IT FURTHER RESOLVED that violation of said load limit restriction shall be punishable as provided by the law of the State of Indiana.

(Res. 62-4, passed March 7, 1962)

Weight Limits on County Highways.  A Resolution (63-1) for the preservation of County Roads and Highways by limiting the gross weight of vehicles operated on DeKalb County Highways during certain periods of the calendar year, except on the award of a written permit by the County Highway supervisor, was prepared and signed by the commissioners.

(Res. 63-1, passed March 6, 1963)

Load Limit on County Road 28 (Old State Road 6).  The following resolution was adopted this date by the DeKalb County Board of Commissioners;

BE IT RESOLVED BY THE DEKALB COUNTY COMMISSIONERS, that a Ten (10) ton load limit be placed on County Road # 28 (old State Road 6) commencing at the Noble-DeKalb County Line and extending to the West City Limits of Waterloo, Indiana.

This Resolution takes effect this date and Frank Carpenters DeKalb County Highway Superintendent was instructed to post this road for ten (10) ton gross load limit.

(Res. 68-1, passed February 6, 1968)

Chapter 4
Parking on Old State Road 427

Parking on Old State Road 427.  WHEREAS, the DeKalb County Highway Department has completed a survey of the hazards created by after dark parking in the area known as the salt storage pad on "Old State Road 427", now a county road. The pad is located on the east side of said road south of the tract numbered 3141 CR Old 427 and although it is not officially designated with a county house number, if numbered it would carry the number of 3165 CR Old 427; and

WHEREAS, the DeKalb County Highway Department has filed a verbal report with the DeKalb County Commissioners. This report includes a finding of fact that overnight parking on the old salt pad located in the vicinity of 3165 Old 427 is hazardous to people using the county bikeway between Waterloo and Auburn along the east side of said road.

NOW THEREFORE BE IT ORDAINED, that it shall henceforth be unlawful for any motorized vehicle to park overnight at the location of the old salt pad at the vicinity of 3165 CR Old Road 427. The DeKalb County Sheriff shall be empowered to have any such vehicles found in violation of this ordinance impounded and placed into storage until released by a court order. Such an order may be issued by any court in DeKalb County having jurisdiction over misdemeanor or infractions as defined in Indiana law. The court when advised by summons issued by the Sheriff of DeKalb County against the registered owner of such vehicle found parked overnight in the forbidden location may summon the registered owner and upon finding of guilt, impose in addition to the order of release further orders including directing the owner to pay all towing and storage charges incurred as a result of the impoundment. The court may add a fine not to exceed $500 and court costs as defined in Indiana Law for a court of that classification. Each and every impoundment shall constitute a separate offense.

This ordinance to become effective and enforceable after three readings in regular session of the DeKalb County Commissioners and signing by a majority of any two or more county commissioners and publication one time in the Auburn Evening Star and the Garrett Clipper.

(Ord. 95-7, passed November 20, 1995)

Chapter 5
County Road 59 Stop Sign

County Road 59 Stop Sign.  WHEREAS, new Road 206 is being constructed by the State of Indiana in Wilmington Township, DeKalb County, Indiana, from U.S. Highway 6 south to County Road 44,

WHEREAS, as a result of the Construction of the New Road 206, County Road 59 will become a T-Road at County Road 42 when new Road 206 is completed,

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Section 1. STOP SIGN: That for the benefit of traffic traveling south on County Road 59 a stop sign shall be placed in accordance with county road specifications for signs at the northwest corner of the intersection of County

Road 42 and County Road 59.

Section 2. SPEED VIOLATIONS: Violators of the Ordinance may be charged by a traffic summons issued by any police officer having traffic enforcement jurisdiction in the area of County Road 59 near new Road 206 in DeKalb County, Indiana.

Section 3. EFFECTIVE DATE: This Ordinance shall become effective after passage of the third reading as adopted by the DeKalb County Commissioners and after the publication of this Ordinance thereafter as required by law.

ARTICLE 2
HORSE DRAWN VEHICLES

Chapter 1
License Fee for Horse Drawn Vehicles

License Fee for Horse Drawn Vehicles. 

WHEREAS the County Commissioners and DeKalb County Council are advised that there exists a need for the establishment by county ordinance of a county license fee for horse drawn wagons, carts and buggies,

NOW THEREFORE be it ordained that effective January 1, 1984:

No horse drawn wagon, buggy or cart shall be operated over and along any public highway or highway right-of-way in DeKalb County, Indiana unless same shall bear in plain view a license issued by the County of DeKalb, and State of Indiana, through the DeKalb County Auditor and Township Trustee who shall charge a fee therefore in the sum of $20.00 which funds shall revert to the highway general fund for appropriation and use as the DeKalb County Council shall deem proper.

The operation of such horse drawn wagon, buggy or cart without compliance to this ordinance shall be deemed to be a Class A infraction and upon a finding of guilty by any duly authorized court in this county the person so found to be in control of such illegally operated buggy, wagon or cart shall be fined in a sum not to exceed $50.00 plus any court costs or expenses as may be legally taxed to such a violator. Such costs shall be payable to the court and such fines shall be delivered to county highway fund.

(Ord. 83-5, passed November 17, 1983)