IC
9-21-16-5.5
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.