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FREQUENTLY ASKED QUESTIONS
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Are there any laws
regarding the use of laser pointers?
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How far over the speed
limit can I drive and still avoid a ticket?
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What is the Indiana Seat
Belt law?
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What is the Indiana Child
Restraint law?
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Do I need to wear a seat
belt in a pickup truck or an SUV?
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What are the legal
requirements for operating a moped (motorized bicycle)?
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What is considered a moped
(motorized bicycle)?
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We live in the county and
we have a neighbor that allows their dog to bark non-stop. Is there
anything that can be done?
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How do I obtain a gun
permit and where do I need to go to get it?
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How do I receive a copy of
an accident report which was completed by an Decatur County Officer?
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What is the age limit for
becoming a Corrections Officer or Patrol Officer?
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We live out of state and
need to serve notice of a lawsuit to someone in Decatur County. What is
the procedure and cost of having the Sheriff's Department serve civil
papers?
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On occasions the Decatur
County Commissioners declare a snow, ice, or other type of emergency,
due to bad weather or disaster. What should this declaration mean to me?
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I am a collector of police
shoulder patches. How can I get a patch or lapel pin from the Decatur
County Sheriff Department?
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I would like to know more
about gun permits and whether my Indiana gun permit is good in another
state?
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Can I place neon lights or
other colored or sound activated flashing lights in, on, or under my
vehicle?
Indiana law (IC 35-47-5.4-1) says,
A person who knowingly or intentionally directs [the beam of a laser
pointer] at a public safety officer without the consent of the public
safety officer commits a Class B misdemeanor.
A Public Safety Officer is defined as:
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a state police officer;
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a state police motor carrier inspector (effective July 1, 2003)
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a county sheriff;
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a county police officer;
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a correctional officer;
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an excise police officer;
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a county police reserve officer;
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a city police officer;
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a city police reserve officer;
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a conservation enforcement officer;
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a town marshal;
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a deputy town marshal;
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a state university police officer appointed under IC 20-12-3.5
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a probation officer;
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a firefighter;
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an emergency medical technician; or
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a paramedic
Some people
believe that the “Speed Limit” is a “Speed Suggestion.” A Speed Limit is
the maximum speed you should be traveling. Incidentally, one of the most
common causes of vehicle crashes is Unsafe Speed. Therefore, if you
travel over the Speed Limit you should be prepared to accept the
consequences, whether in the form of a speeding ticket and/or the
increased risk of a vehicle crash.
What is the Indiana Child Restraint law?
IC 9-19-10
Chapter 10. Passenger Restraint Systems
IC 9-19-10-1
Application of chapter
Sec. 1. This chapter does not apply to an occupant of a motor
vehicle who meets any of the following conditions:
(1) For medical reasons should not wear safety belts, provided
the occupant has written documentation of the medical reasons from a
physician.
(2) Is a child required to be restrained by a child restraint
system under IC 9-19-11.
(3) Is traveling in a commercial or a United States Postal
Service vehicle that makes frequent stops for the purpose of pickup or
delivery of goods or services.
(4) Is a rural carrier of the United States Postal Service and
is operating a vehicle while serving a rural postal route.
(5) Is a newspaper motor route carrier or newspaper bundle
hauler who stops to make deliveries from a vehicle.
(6) Is a driver examiner designated and appointed under
IC 9-14-2-3 and is conducting an examination of an applicant for a
permit or license under IC 9-24-10.
(7) Is an occupant of a farm truck being used on a farm in
connection with agricultural pursuits that are usual and normal to the
farming operation, as set forth in IC 9-29-5-13(b)(2).
(8) Is an occupant of a motor vehicle participating in a
parade.
(9) Is an occupant of the living quarters area of a
recreational vehicle.
(10) Is an occupant of the treatment area of an ambulance (as
defined in IC 16-18-2-13).
(11) Is an occupant of the sleeping area of a tractor.
(12) Is an occupant other than the operator of a vehicle
described in IC 9-20-11-1(1).
(13) Is an occupant other than the operator of a truck on a
construction site.
(14) Is a passenger other than the operator in a cab of a
Class A recovery vehicle or a Class B recovery vehicle who is being
transported in the cab because the motor vehicle of the passenger is
being towed by the recovery vehicle.
(15) Is an occupant other than the operator of a motor vehicle
being used by a public utility in an emergency as set forth in
IC 9-20-6-5.
As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.2;
P.L.214-2007, SEC.6.
IC 9-19-10-2
Use of safety belt by motor vehicle occupants; safety belt
standards
Sec. 2. Each occupant of a motor vehicle equipped with a
safety belt that:
(1) meets the standards stated in the Federal Motor Vehicle
Safety
Standard Number 208 (49 CFR 571.208); and
(2) is standard equipment installed by the manufacturer;
shall have a safety belt properly fastened about the occupant's body
at all times when the vehicle is in forward motion.
As added by P.L.2-1991, SEC.7. Amended by P.L.214-2007, SEC.7.
IC 9-19-10-2.5
Repealed
(Repealed by P.L.67-2004, SEC.14.)
IC 9-19-10-3
Repealed
(Repealed by P.L.214-2007, SEC.10.)
<IC 9-19-10-3.1
Stopping, inspecting, or detaining vehicle; checkpoints
Sec. 3.1. (a) Except as provided in subsection (b), a vehicle
may be stopped to determine compliance with this chapter. However, a
vehicle, the contents of a vehicle, the driver of a vehicle, or a
passenger in a vehicle may not be inspected, searched, or detained
solely because of a violation of this chapter.
(b) A law enforcement agency may not use a safety belt checkpoint
to detect and issue a citation for a person's failure to comply with
this chapter.
As added by P.L.214-2007, SEC.8.
<IC 9-19-10-4
Educational programs
Sec. 4. The bureau, in cooperation with the Indiana
department of transportation, division of traffic safety, shall
develop and administer educational programs for the purpose of
informing the general public of the benefits that will inure to
passengers using safety belts.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-5
Retail sales, leases, trades, and transfers
Sec. 5. A person may not buy, sell, lease, trade, or transfer
from or to Indiana residents at retail an automobile that is
manufactured or assembled, commencing with the 1964 models, unless the
automobile is equipped with safety belts installed for use in the
front seat.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-6
Belt and installation specifications
Sec. 6. (a) A safety belt must be of a type and must be
installed in a manner approved by the bureau.
(b) The bureau shall establish specifications and requirements for
approved types of safety belts and attachments to the safety belts.
(c) The bureau shall accept, as approved, a seat belt installation
and the
belt and anchor meeting the Society of Automotive Engineers'
specifications.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-7
Failure to comply; fault; liability of insurer; mitigation of
damages
Sec. 7. (a) Failure to comply with section 1, 2, 3.1(a), or 4
of this chapter does not constitute fault under IC 34-51-2 and does
not limit the liability of an insurer.
(b) Except as provided in subsection (c), evidence of the failure
to comply with section 1, 2, 3.1(a), or 4 of this chapter may not be
admitted in a civil action to mitigate damages.
(c) Evidence of a failure to comply with this chapter may be
admitted in a civil action as to mitigation of damages in a product
liability action involving a motor vehicle restraint or supplemental
restraint system. The defendant in such an action has the burden of
proving noncompliance with this chapter and that compliance with this
chapter would have reduced injuries, and the extent of the reduction.
As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1;
P.L.1-1998, SEC.95; P.L.214-2007, SEC.9.
IC 9-19-10-8
Failure of front seat occupant to use belt; violation;
classification; assessment of points
Sec. 8. (a) A person who:
(1) is at least sixteen (16) years of age; and
(2) violates section 2 of this chapter;
commits a Class D infraction.
(b) The bureau may not assess points under the point system for
Class D infractions under this section.
As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.3;
P.L.116-1998, SEC.3.
IC 9-19-10-9
Retail transfers of vehicles and belt and installation
specifications; violation; classification
Sec. 9. A person who violates section 5 or 6 of this chapter
commits a Class C infraction.
As added by P.L.2-1991, SEC.7.
Anyone
in any vehicle is required to be in an approved restraint unless they fall
within on of the legal exceptions under Indiana code 9-19-10-1.
The Decatur County
Sheriff's Department supports the use of seat belts by truck and SUV
users/owners. We believe, based on our experiences as law enforcement
officers and the investigation of traffic crashes, that persons are
prudent to continue wearing seat belts, whether driving a passenger
vehicle or a truck/SUV. Remember, just because some safe action is not a
law, does not mean it is not a good and prudent safe action to do.
Motorized bicycles; prohibitions on
operation; conditions
Sec. 12. A motorized bicycle may not be operated under any of
the following conditions:
(1) By a person less than fifteen (15) years of age.
(2) By a person who has not obtained an identification card under
IC 9-24, a permit under IC 9-24, an operator's license under IC 9-24, a
chauffeur's license under IC 9-24, or a public passenger chauffeur's
license under IC 9-24.
(3) On an interstate highway or a sidewalk.
(4) At a speed greater than twenty-five (25) miles per hour.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-13
Persons under 18 years of age; operation of motorized bicycle; safety
equipment
Sec. 13. A person less than eighteen (18) years of age who
operates or rides a motorized bicycle on a street or highway shall do the
following:
(1) Wear protective headgear meeting the minimum standards set by
the bureau or a helmet that meets the standards established by the United
States Department of Transportation under 49 CFR 571.218 in effect January
1, 1979.
(2) Wear protective glasses, goggles, or a transparent face
shield.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-14
Violations; Class C infraction
Sec. 14. A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.9.
IC
9-13-2-109
Motorized bicycle
Sec. 109. "Motorized bicycle" means a two (2) or three (3)
wheeled vehicle that is propelled by an internal combustion engine or a
battery powered motor, and if powered by an internal combustion engine,
has the following:
(1) An engine rating of not more than two (2) horsepower and a
cylinder capacity not exceeding fifty (50) cubic centimeters.
(2) An automatic transmission.
(3) A maximum design speed of not more than twenty-five (25) miles
per hour on a flat surface.
The term does not include an electric personal assistive mobility device.
As added by P.L.2-1991, SEC.1. Amended by P.L.143-2002, SEC.3.
This
situation can be very frustrating for the person listening to the constant
barking. I would recommend you calmly and diplomatically
speak to your neighbor, telling them that the continual barking is
disturbing people in the neighborhood. If you gear your comments, in that
the violating neighbor would most certainly not want others to be
disturbed, and allow them to save face (infer the violating neighbor was
not aware of the problem), the situation can often resolve itself. This
opens communications between neighbors and keeps hard feelings from
getting out of hand. (Think to yourself, if a neighbor had a problem with
something you were doing, would you prefer they come to you and talk about
it or call the police?)
However, this does not always work. Sometimes neighbors are already at
odds with each other and the diplomatic approach is not an option. In
this case you may need to call the Sheriff's Department. Keep in mind
that if you call the police, this can create additional hard feelings by
the violating neighbor, particularly if you have not tried the
"talk-to-them-first" approach.
When
you call the Dispatch Center (663-8125) do not merely call in an anonymous
complaint. You may get further if you actually speak to an officer about
the problem. The officers prefer to speak to the violating neighbor and
provide information on the dog ordinance, giving the violating neighbor a
warning. Generally, this corrects the problem.
If
the problem persists call the Sheriff's Department again. The county
ordinance indicates that if a dog barks continuously for 30+ minutes there
is a violation. However, not many officers want to wait for 30 minutes to
"view" this violation. Therefore, an officer may take a written
statement from you, whereby you actually attest that the dog was barking
for 30+ minutes. With this information, the officer is able to cite the
violating neighbor for allowing the dog to bark continuously. The
neighbor would have to appear in court or pay the fine, similar to a
speeding ticket. The catch is, you may have to appear in court, if a
trial is requested, and testify about the dog's barking behavior and
length.
Please visit our Concealed Weapon Page of this website by
clicking here.
In Person:
A copy of an accident
report can be purchased between the hours of 8am-4pm Monday-Friday at the
Records Section of the Department. The cost is $3.00 for the report.
By Mail:
A copy of an accident report can be purchased by mail by sending:
·a
self-addressed, stamped envelope
·a
check for $3.00, payable to the Decatur County Sheriff’s Department
·A
written request for the accident report
·The
name of the driver involved, location, time of the crash, or the incident
number provided to you by the investigating officer
·Send
to: Records Section, Decatur County Sheriff’s Department, 315 South
Ireland Street, Greensburg, IN 47240.
Sorry, we cannot accept
phone orders, credit cards, or requests via e-mail at this time.
There is a
minimum age requirement of 18 years for Corrections Officer and 21 years
for Patrol Officer. There are no maximum age limits for either
position. In fact, we encourage mature individuals to apply for positions
here at the Department.
1. Send a
check or money order for $13.00, payable to the Decatur County Sheriff's
Department, and send it, along with information listed below, to the
Decatur County Sheriff's Department, Attention: Process Division,
315 South Ireland
Street, Greensburg, IN 47240.
2. Include information as to where and whom the paperwork needs to be
served, including any special instructions applicable to the situation.
3. Include a copy of the paperwork to serve and a copy we can return back
to you with the served information.
4. If your state requires, include a return affidavit form for us to
complete and send back to you. Otherwise, we will use our affidavit form.
During a
severe blizzard, for example, the Decatur County Highway personnel may be
unable to keep the roads open due to blowing and drifting snow.
Likewise, emergency response personnel are unable to respond to calls
properly due to poor road conditions. Thus, in extreme cases, the
County Commissioners, under authority of state law, can declare an
emergency and stipulate limitations to the people in the County.
Typically, this is in the form of limiting vehicular traffic, due to poor
or blocked road conditions. However, other limitations could be
instituted in severe cases (e.g. curfew). As a result, police
officers may enforce this limitation by citing the violator. This
enforcement is usually done in extreme cases, and is at the discretion of
the officer. Besides the limitations imposed, the declaration of an
emergency may provide for additional resources that can be used by the
County during the emergency. Additionally, State and Federal money
may become available to offset the cost in dealing with and
recovering from the disaster. You should listen
closely to local media to determine what is safe, legal, and any action
your should take during an emergency declaration. You should also
know that an emergency declaration by a municipality does not necessarily
mean the County has declared an emergency. All County buildings,
except for essential services (such as the Sheriff's Department), will
close during a County declared emergency. Keep in mind that other
disasters, besides snow emergencies, may occur such as tornado,
earthquake, airplane/jetliner crash, chemical hazard, criminal incident,
or a need to evacuate your family due to a hazard, to name a few.
Keep disasters from becoming personal. Emergency Preparedness...
when you need it, you'll be glad you have it.
Send all Patch Inquiries to the Decatur County Sheriff
Department. We cannot guarantee that we will respond to every
request, or guarantee a new patch if we can provide you with one.
For
information
click on this link
Neon, LED and other colored lights are eye-catching.
However, many vehicle owners are placing these colored lights on their
vehicle without knowing the limitations of the law. Essentially, blue,
red, green and flashing lights have restrictions. Underbody lights
presents a dilemma that has not been fully defined by statute or case
law. It is clear when an unauthorized vehicle displays a light, such as
red, green, or blue, which is directly visible from the front on
hoods, windshield wipers and front license plate holders, the display is
illegal. However, the reflection of light, such as in Underbody
Lights, is open to interpretation as of yet. A good rule of thumb would
be: Is the (red, blue, green) light visible from the front of the
vehicle? If so, you are quite possibly in violation. Here is what the
law says:
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IC 36-8-12-11(d) says,
"A person who is not a member of a volunteer fire department may not
display a blue light of any size or shape on a motor vehicle." This is
pretty clear and is violated by many people displaying blue neon or
other types of lights on their vehicles.
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IC 9-21-7-10 says in
part, "A person may not drive or move a vehicle or equipment upon a
highway with a lamp or device on the vehicle or equipment displaying a
red, red and white, or red and blue light visible from directly in front
of the center of the vehicle or equipment." IC 9-19-13-4.5 and
9-19-14-5.5 allow a funeral vehicle to have a red light and stipulates
that unauthorized vehicles having any red and blue or red and white
lamps on their vehicle "shall immediately remove" same.
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IC 9-21-7-11 says in
part, "Except as provided [in the following section], a vehicle may not
display flashing lights. Flashing lights may be displayed on a vehicle
as follows: On an authorized emergency vehicle; on a school bus; on
snow removal equipment; as a means of indicating a right or left turn;
as a means of indicating the presence of a vehicular traffic hazard
requiring unusual care in approaching, overtaking, or passing." Thus,
the sound activated flashing lights would not be allowed.
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IC 9-19-14.5-1 states
that only certified emergency medical technicians, certified emergency
medical service drivers, certified emergency medical service first
responders, while traveling in the line of duty, may display green
lights on their vehicles.
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