County Commissioner Ordinance-December 2002-3ORDINANCE NO.: 2002-
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AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF GIBSON COUNTY,
INDIANA, CONCERNING SAFETY OF ROAD WORKERS, OBEYANCE TRAFFIC
CONTROL DEVICES, AND DESTRUCTION OR REMOVAL OF TEMPORARY
TRAFFIC CONTROL DEVICES.
WHEREAS, Gibson County road workers perform routine maintenauce and
repair of roadways in Gibson County;
WHERF,AS, those counry employees' safety is a concern to the County; and
WHEREAS, it has been determined that to protect said workers, that citizens shall
obey and refrain from destroying and removing traffic control devices used for the
workers safety as provided by law, to wit: I.C. 9-21-8-41 (Traffic control devices, poGce
officers, or flagmen utilized at worksites to be obeyed) and 35-43-1-2 (Criminal
mischie�; and
WHERF,AS, for the safety of county employees, drivers should use due oaution
when immediately approaching roadway workers. '
NOW, TE�REFORE; BE IT ORDAINED BY THE BOARD OF THE COUNTY
COMMISSIONERS OF GIBSON COUNTY, STATE OF. INDIANA:
Article 1: Reauirements.
Upon the immediate appioach of an authorized county roadway worker, a
person who drives a vehicle shall do the following unless otherwise directed by a law
enforcement officer:
a. Proceeding with due caution, make a lane change into a lane not
adjacent to that of the road�worker, if possible with due regazd to safety and traffic
conditions, or �
b. Proceeding with due caution, reduce the speed of the vehicle,
maintaining a safe speed for road conditions, if changing lanes would be impossible or
�incafe. . � � �
c. This ordinance does not relieve a road way worker or highway
maintenance vc;ucle operator from the duty to conduct themselves with due regazd for
the safety of all persons using the roadway.
d. That upon the.immediate approach of an authorized county roadway
worker shall.a vehicle proceed tivough the construction azea at a rate not in excess of 25
mph upon immediate approach and in passing a counry roadway worker or construcUon
scene notwithstanding the above.
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e. A citacion may also be issued for traveling less that 25 m.p.h. if a driver
does not pay due regard to safety and traffic conditions, road conditions, or without due
regazd to the safety of all peisons using the roadway.
Article 2: Enforcement.
a. This Ordinance shall be enforced by the Gibson Cou�ty Sheriff Department.
b. It shall be the duty of the Gibson County prosecuting attomey to whom the
Gibson County Sheriff shall report any violation of the provisions of this Ordinance and
to cause proceedings to be taken against the person violating its provisions.
Article ?: Penalties.
Any person violating any provision of this Ordinance shall be guilty of a
misdemeanor and upon conviction shall be punished by a fiue of not more than One
Thousand Dollars ($1,000.00) to which shall be applied to tt�e general fund.
Article 4: Effective Date.
This Ordinance shall be in fiill force and effect immediately upon its adoption and
its publication as provided by law.
PASSED AND ADOPTED BY THE BOARD OF COUNTY
CO,(M�MISSIONERS OF GIBSON COUNTY, INDIANA; THIS o?;-� d DAY OF
ULP.(' Oiv✓7 �.3h % . � Z��2. . . . . .
INDA K. HOOVER
RICFiARD 7. AUL
SHERRELL MARGINET
ATTE
/
KE REUBEL, Auditor
Gibson County
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