Stopping or parking in fire lane; local ordinances; complaints;
summons; volunteers
Sec. 5.5. (a) This section applies to a fire lane that is located on
property that is privately or publicly owned.
(b) A person may not stop, stand, or park a vehicle in a fire lane.
(c) A fire lane must be marked with the words "No Parking Fire
Lane" in white letters and a stripe of at least four (4) inches in width,
in conformance with the Indiana Manual on Uniform Traffic Control
Devices. The words and stripe must be placed twelve (12) feet from
the sidewalk, curb, or building. The words "No Parking Fire Lane"
must be positioned between the stripe and the sidewalk, curb, or
building.
(d) This section does not prohibit a county, city, or town from
adopting and enforcing an ordinance that regulates stopping,
standing, and parking motor vehicles in a fire lane.
(e) An ordinance adopted under subsection (d) may not conflict
with this section.
(f) A law enforcement agency authorized to enforce:
(1) subsection (b); or
(2) an ordinance adopted under subsection (d);
may appoint volunteers to issue complaints and summonses for
violations of subsection (b) or an ordinance adopted under subsection
(d).
(g) To issue complaints and summonses, a volunteer appointed
under subsection (f) must:
(1) be at least twenty-one (21) years of age;
(2) complete a course of instruction concerning the enforcement
of this chapter that is conducted by the appointing law
enforcement agency;
(3) after successfully completing the course of instruction,
obtain a certificate from the executive authority of the
appointing law enforcement agency; and
(4) satisfy any other qualifications established by the law
enforcement agency.
(h) The executive authority of a law enforcement agency that
appoints volunteers under subsection (f) shall file a copy of each
certificate issued under subsection (g)(3) with the prosecuting
attorney having jurisdiction over the area served by the law
enforcement agency.
(i) A complaint and summons issued by a volunteer appointed
under subsection (f) has the same force and effect as a complaint and
summons issued by a law enforcement officer for the same violation.
(j) A volunteer appointed under subsection (f) does not have
powers of a law enforcement officer, except those powers granted
under this section.
(k) The executive authority of a law enforcement authority that
appoints a volunteer under subsection (f) may, at any time, revoke
the certificate issued to the volunteer under subsection (g)(3). If a
certificate is revoked under this subsection:
(1) the executive authority shall notify the prosecuting attorney
with whom the certificate was filed under subsection (h) of the
revocation; and
(2) the volunteer's powers under this section terminate
immediately upon the revocation.
(l) A volunteer appointed under subsection (f) may not issue a
complaint and summons upon private property unless the law
enforcement agency that appointed the volunteer first receives
permission from the property owner or the property manager.
(m) A property owner is not liable for property damage or
personal injury resulting from the actions of a volunteer appointed
under subsection (f) issuing a complaint and summons.
As added by P.L.59-1993, SEC.3. Amended by P.L.8-2003, SEC.2.
Last modified: May 27, 2006