Ogden Dunes - General Provisions CHAPTER 10: GENERAL PROVISIONS
Section
10.01 Title of code 10.02 Interpretation 10.03 Application to future ordinances 10.04 Construction of code 10.05 Rules of interpretation; definitions 10.06 Severability 10.07 Reference to other sections 10.08 Reference to offices; name designations 10.09 Errors and omissions 10.10 Reasonable time 10.11 Repeal or modification of code section 10.12 Limitation periods 10.13 Ordinances unaffected 10.14 Ordinances which amend or supplement code 10.15 Section histories; statutory references 10.16 Preservation of penalties, offenses, rights and liabilities
10.99 General penalty
§ 10.01 TITLE OF CODE.
All ordinances of a permanent and general nature of the town, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “Town Code,” for which designation “Code of Ordinances,” “Codified Ordinances” or “Code” may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
§ 10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
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§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
§ 10.04 CONSTRUCTION OF CODE.
(A) This code is a codification of previously existing laws, amendments thereto, and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
(B) Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.
(C) The numerical order and position of sections in this code does not resolve a conflict between two or more sections.
(D) Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or subsection.
(E) All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.
(F) (1) The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted, or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only, and do not affect the meaning, application, or construction of the law they precede.
(2) Each note following a section of this code is for reference purposes only, and is not a part of the section.
(G) All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided. (I.C. 1-1-1-5)
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§ 10.05 RULES OF INTERPRETATION; DEFINITIONS.
(A) Rules of interpretation. This code shall be construed by the following rules unless such construction is plainly repugnant to the legislative intent or context of the provision.
(1) Words and phrases shall be taken in their plain, ordinary, and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(2) Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of such persons, unless otherwise declared in the section giving such authority.
(3) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLERK-TREASURER. The Clerk-Treasurer of the Town Council. The primary function of the Clerk-Treasurer, as an elected official, is to serve as fiscal officer of the town.
COUNCIL. The Town Council.
COUNTY. Porter County, Indiana.
HIGHWAY. Includes bridges, roads, and streets, unless otherwise expressly provided.
MONTH. One calendar month.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.
TOWNSHIP. The township or townships in which the town is located. 6 Ogden Dunes - General Provisions
WRITTEN and IN WRITING. Include printing, lithographing, or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person’s mark.
YEAR. One calendar year, unless otherwise expressly provided. (I.C. 1-1-4-5)
§ 10.06 SEVERABILITY.
(A) If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.
(B) Except in the case of a section or amendment to this code containing a nonseverability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:
(1) The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or
(2) The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.
(C) This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code. (I.C. 1-1-1-8)
§ 10.07 REFERENCE TO OTHER SECTIONS.
Whenever in one section, reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.08 REFERENCE TO OFFICES; NAME DESIGNATIONS.
(A) Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. General Provisions 7
(B) Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority, or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties, or liabilities placed with that entity are or were transferred to a different entity; then such named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which such duties, liabilities, powers, and rights were transferred. (I.C. 1-1-6-1)
§ 10.09 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
§ 10.10 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday, or a state holiday, it shall be excluded.
§ 10.11 REPEAL OR MODIFICATION OF CODE SECTION.
When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture, or liability incurred under such section, unless the repealing section so expressly provides. Such section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. (I.C. 1-1-5-1)
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§ 10.12 LIMITATION PERIODS.
The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code shall not be affected by the repeal and reenactment; but all suits, proceedings, and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted. Statutory reference: Periods of limitation, see I.C. 1-1-1-7
§ 10.13 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.14 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.15 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (I.C. 36-5-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85) General Provisions 9
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law. Statutory reference: For provisions concerning the inspection of public records, see I.C. 5-14-3-1 et seq.
(C) If a section of this code is derived from the previous code of ordinances of the town published in 1999 and subsequently amended, the 1999 code section number shall be indicated in the history by “(`99 Code, § ).”
§ 10.16 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
§ 10.99 GENERAL PENALTY.
Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. Statutory reference: Power to prescribe fines up to $2,500 granted, see I.C. 36-1-3-8(a)(10) 10 Ogden Dunes - General Provisions
TITLE V: PUBLIC WORKS
Chapter
50. GENERAL PROVISIONS REGARDING UTILITIES
51. GARBAGE
52. WATER
Ogden Dunes - Public Works CHAPTER 50: GENERAL PROVISIONS REGARDING UTILITIES
Section
50.01 Authority to establish utility service 50.02 Authority to establish waterworks 50.03 Authority to regulate the disposal of sanitary sewage
§ 50.01 AUTHORITY TO ESTABLISH UTILITY SERVICE.
A town may furnish or regulate the furnishing of utility service to the public. (`99 Code, § 9-1) Statutory reference: Utility service to the public, see I.C. 36-9-2-15
§ 50.02 AUTHORITY TO ESTABLISH WATERWORKS.
A town may regulate the furnishing of water to the public, and may establish, maintain, and operate waterworks. (`99 Code, § 9-2) Statutory reference: Waterworks, see I.C. 36-9-2-14
§ 50.03 AUTHORITY TO REGULATE THE DISPOSAL OF SANITARY SEWAGE.
(A) A town may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage, which includes the power to fix the price to be charged for that service.
(B) A town may collect, process, and dispose of waste substances and domestic or sanitary sewage, and may establish, maintain, and operate sewers, sewage disposal systems, and systems to collect and dispose of waste substances. (`99 Code, § 9-3)
Ogden Dunes - Public Works
CHAPTER 51: GARBAGE
Section
General Provisions
51.01 Purpose of regulations 51.02 Definitions 51.03 Dumping and littering prohibited
Permits
51.15 Permit required 51.16 Application requirements 51.17 Application fee and duration of permit 51.18 Insurance requirements
Garbage and Waste Removal
51.30 Requirements for permit holders 51.31 Transport vehicles; spillage and duty to clean up 51.32 Container and receptacle requirements and use 51.33 Recycling program 51.34 Rates
Administration and Enforcement
51.45 Revocation or suspension of permit for violation 51.46 Appeal procedures
51.99 Penalty Cross-reference: Disposal of refuse on beach or park property, see § 94.22
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GENERAL PROVISIONS
§ 51.01 PURPOSE OF REGULATIONS.
(A) In order to promote the health and comfort of the residents and citizens of the town and to preserve and protect the cleanliness of the town and to prevent noxious and offensive odors, or the creation of public or private nuisances, it shall be unlawful for any person, firm or corporation, for hire, to haul or carry on the streets of the town any garbage, refuse or waste without the securing of a permit as herein required and complying with the other provisions of this chapter.
(B) It is further the purpose of this chapter to promote and develop concepts, methods and procedures for assisting in efforts to recycle solid waste in the State of Indiana and to help the State of Indiana meet its goals of waste reduction. (`99 Code, § 6-120) (Ord. 574, passed 11-4-91)
§ 51.02 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTAINER. A trash can, garbage can, trash, garbage or recycling container, vessel, bin or any other receptacle used to store garbage, household rubbish, miscellaneous rubbish, ash, waste, discarded matter, recycling or trash or to serve as a receptacle for such matter so that it may be moved to the street, road or street right-of-way or to “the curb” for pick up.
DWELLING UNIT. A dwelling or a portion of a dwelling used primarily as a place of abode for one or more human beings, including single-family residential dwellings, apartment houses, or any dwelling, or a portion of a dwelling used by one family or one or more human beings for cooking, living and sleeping purposes, but not including motels and hotels.
GARBAGE. All organic household kitchen waste, such as rejected or unused food and food residue, and paper necessarily used for wrapping.
HOUSEHOLD RUBBISH. Inorganic, incombustible household waste such as metal cans, metalware, plastic, rubber and kindred product containers, bottles, broken glass, crockery, stoneware and similar refuse resulting from the regular operation of a household, not classed as garbage or miscellaneous rubbish.
MISCELLANEOUS RUBBISH. Combustible rubbish such as papers, boxes, brush and leaves, and any other rubbish or waste resulting from the operation of a domestic or business establishment such as grass clippings, tree trimmings, debris from building construction, repair or remodeling discarded equipment and similar waste.
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RECYCLING. A process by which materials that would otherwise become solid waste are collected, separated or processed, and converted in materials or products for reuse or resale.
SCAVENGER. Any person engaging in the work or the business, whether regularly, intermittently, or occasionally, of cleaning or removing garbage, waste, refuse, debris, junk or banded or discarded substance or materials from the streets and alleys of the town. The term shall not include a person regularly engaged in the collection for resale of industrial scrap or salvageable materials.
TRASH. Means and includes tin cans, old iron, brush, boxes, paper, tools, logs, glass, broken glass, glassware of every kind, dead animals, earthenware, stones, rocks, cloth, vegetable and animal waste, soil anything which would ordinarily be classed as trash, junk, rubbish or waste, garbage, bones, and any and all other organic or inorganic material or matter not presently used in the construction, maintenance or repair of a public highway, public ground, or appurtenance thereto.
WASTE HAULER. Any scavenger as defined in this section. (`99 Code, §§ 6-121, 6-155) (Ord. 357, passed 12-2-63; Ord. 574, passed 11-4-91; Am. Ord. 696, passed 11-7-05)
§ 51.03 DUMPING AND LITTERING PROHIBITED.
It shall be unlawful for any person, firm, or corporation to put, throw, dump, deposit, or leave upon any street or highway, alley, or any other public ground in the town, any trash. (`99 Code, § 6-156) (Ord. 357, passed 12-2-63) Penalty, see § 51.99
PERMITS
§ 51.15 PERMIT REQUIRED.
Any person, firm or corporation desiring to collect, remove or dispose of garbage, refuse or waste for hire or otherwise to act as a waste hauler or scavenger in the town shall first file with the Town Council an application for a permit. Such application shall be filed at least 45 days prior to the regular scheduled December meeting of the Town Council. (`99 Code, § 6-125) (Ord. 574, passed 11-4-91)
§ 51.16 APPLICATION REQUIREMENTS.
All applications for obtaining a garbage and refuse permit shall require the following information:
(A) Full name of applicant or organization;
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(B) Business address;
(C) Business telephone numbers;
(D) Type of business entity (sole proprietorship, corporation or partnership);
(E) Names and addresses and respective titles of all participants within the applicant organization;
(1) Sole proprietorship;
(2) Partnership (all partners);
(3) Corporation (all directors and officers).
(F) Year, model and make of each and every vehicle applicant will be using within the town for removal of garbage and waste during the permit period.
(G) A schedule of rates to be charged by the applicant to town residents for garbage and waste removal.
(H) Three business references having no personal relationship with any of the principal participants of the applicant. (`99 Code, § 6-126) (Ord. 574, passed 11-4-91)
§ 51.17 APPLICATION FEE AND DURATION OF PERMIT.
The initial application fee, which shall accompany all applications, shall be the sum of $25. All subsequent renewals of the permit shall have a renewal fee of $10 per year. The permit shall remain effective, unless revoked, for a one-year period with an option to renew for another one-year period. (`99 Code, § 6-127) (Ord. 574, passed 11-4-91)
§ 51.18 INSURANCE REQUIREMENTS.
Along with the application and initial application fee, each and every applicant shall also submit a current, effective insurance policy, or a copy thereof, providing personal liability and property damage insurance coverage for each and every vehicle to be used by the applicant in conducting the garbage and waste removal operation within the town limits. The insurance coverage shall be in an amount not less than $1,000,000 for personal injuries per occurrence, and not less than $50,000 for property damage per occurrence. Failure on the part of the applicant to maintain in effect the insurance coverage during the permit period shall result in the immediate revocation of the permit by the Town Council. (`99 Code, § 6-128) (Ord. 574, passed 11-4-91)
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GARBAGE AND WASTE REMOVAL
§ 51.30 REQUIREMENTS FOR PERMIT HOLDERS.
(A) Persons who have obtained a permit shall transport garbage, waste and refuse within the town limits only in covered vehicles having metal, watertight bodies which prevent scattering, dripping, littering and/or removal of the contents of the vehicle during transit.
(B) Each and every vehicle as used by a permit holder shall be designed for complete emptying only at a licensed and authorized disposal site.
(C) Each and every vehicle as used by a permit holder shall be maintained in a reasonably clean and sanitary condition and shall be kept in good order and repair.
(D) All garbage and waste removal shall be conducted within the town limits on only one day per week, namely Wednesday. In the event that a state or federal holiday falls on a Wednesday, the collection will be made no later than 24 hours following the regular day of collection. (`99 Code, § 6-132) (Ord. 574, passed 11-4-91; Am. Ord. 582, passed 8-3-92) Penalty, see § 51.99
§ 51.31 TRANSPORT VEHICLES; SPILLAGE AND DUTY TO CLEAN UP.
(A) Vehicle requirements. Any vehicle used by a scavenger shall have a cargo body constructed of metal, of sufficiently tight construction to prevent the leakage or spillage of any liquid or solid therefrom, and shall be completely enclosed except for loading or unloading openings which loading and unloading openings shall be capable of being tightly closed. The openings shall be kept tightly closed when the vehicle is being used to transport collected materials from the place of collection to the place of disposition. (`99 Code, § 6-133)
(B) Spillage prohibited. No waste hauler shall permit garbage or refuse to scatter, drip, fall, spill, blow, litter, leak, or otherwise be removed from the vehicle during transportation of its contents and/or utilize vehicles that are not reasonably clean and/or are not in good order and repair. (`99 Code, § 6-134)
(C) Duty to clean up. The scavenger or garbage collector shall be responsible for cleaning up only that garbage and rubbish which is scattered in the process of conveying the material to his or her truck. It is the sole responsibility of the customer of such scavenger or collector to clean up any garbage which is thrown about by wind, the ravages of animals or by similar means. (`99 Code, § 6-135) (Ord. 574, passed 11-4-91) Penalty, see § 51.99
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§ 51.32 CONTAINER AND RECEPTACLE REQUIREMENTS AND USE.
(A) The owner, occupant or lessee of any premises in the town, upon which shall accumulate any garbage, ash or household rubbish shall provide and maintain in a clean condition and in good repair, adequate containers or receptacles. No such receptacles, containers or drums shall be used which exceed 30 gallons in capacity except as otherwise provided for in this chapter. (`99 Code, § 6-136)
(B) The use of open containers for food, cans, cartons, or any other materials which will draw flies or other insects is unlawful. Such containers must be tightly covered in metal, durable plastic cans, or other similar materials having the same general properties. If plastic bags are used, they must be securely tied. (`99 Code, § 6-137)
(C) It shall be unlawful for any residential or business operation or activity to cause any trash, garbage or recycling container, bin or any other receptacle used for the disposal of any matter to be placed along the street, road or street right-of-way prior to the evening of the day before a scheduled trash/ garbage pick-up.
(D) All trash, garbage or recycling containers, bins or other receptacles used for the disposal of any matter shall be retrieved from the side of the street, road, street right-of-way or place by midnight on the day of the scheduled garbage pick-up. Except for the scheduled day of pick-up, all trash, garbage or recycling containers shall be stored in a manner so it is out of view from the street. (Ord. 574, passed 11-4-91; Am. Ord. 696, passed 11-7-05) Penalty, see § 51.99
§ 51.33 RECYCLING PROGRAM.
(A) Persons who have obtained a permit shall provide for a system of recycling of materials in the following categories. Recycling must, at a minimum, include the collection of these categories:
(1) Newspapers and paper products;
(2) Tin cans;
(3) Aluminum cans;
(4) Glass jars and bottles;
(5) Plastic bottles and plastic materials.
(B) All materials picked up under the recycling program must be picked up at curbside in containers provided to the waste hauler’s customer by the waste hauler.
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(C) All recycling pick-up and removal shall be conducted within the town limits on one day of the week, namely Wednesday. In the event that a state or federal holiday falls on a Wednesday, the pick-up will be made not later than 24 hours following the regular day of collection. (`99 Code, § 6-120) (Ord. 574, passed 11-4-91)
§ 51.34 RATES.
(A) The rate to be charged for garbage pickup and disposal, including recycling pickup and disposal is $21 per month per residential structure in the town for one year beginning July 1, 2006 and ending June 30, 2007; $21.50 per month per residential structure in the town for one year beginning July 1, 2007 and ending June 30, 2008; and $22 per month per residential structure in the town for one year beginning July 1, 2008 and ending June 30, 2009. Administrative costs of the town, including but not limited to, its employees, legal services, postage, insurance, the cost of leaf pickup, disposal and mulching, along with twig and brush pickup are included in the monthly rate. These fees shall be in effect beginning the month of July 2006 and thereafter. In the event a property owner wishes to have the owner's refuse and recycling picked up from outside the structure as opposed to the street, he/she may do so by informing the Town Water Works Office of same and signing an acknowledgment of the request. There shall be an additional charge imposed on the property owner for a residence obtaining refuse pick-up from outside the structure as opposed to the street which shall be $8 per month.
(B) The garbage pickup and disposal service, including recycling, shall be done by contract on a basis deemed appropriate by the Town Council to an outside entity that, as a regular part of its business, performs the task of garbage pickup and disposal, including recycling pickup and disposal.
(C) The only authorized waste hauler for garbage pick-up and disposal service in the town beginning July 2006 through and including the month of June 2009, is Able Disposal. The only exception to Able Disposal being the exclusive waste hauler for the town is contained in division (E) below and solely limited through and including the month of September 2006. From and after September 2006, Able Disposal will be the exclusive waste hauler, without exception, in the town through and including the month of June 2009.
(D) The charge set forth in this section is mandatory for all residential structures in the town. Structures that are unoccupied for 60 or more continuous days and for which the owners of said structures give written notice to the town prior to the structures being unoccupied for said time frame shall be exempt from the charge provided for in this section for each full 60-day period that the structure is continuously unoccupied. In the event a structure is unoccupied for only a portion of the 60-day time period, there shall be no prorating of the exemption provided above and the full charge shall apply. All charges assessed in accordance with this section are the ultimate responsibility of the owner of the property served.
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(E) Present customers of Waste Management whose existing paid up contract as of May 22, 2006 expires on either August 1, September 1 or October 1, 2006 shall not be required to pay the rate contained herein until the month that their contract expires. If a property owner's contract expires on or before August 1, 2006, the property owner will be billed for August 2006 and successive months. If a property owner's contract expires on or before September 1, 2006, the property owner will be billed for September 2006 and successive months. If a property owner's contract expires on or before October 1, 2006, the property owner will be billed for October 2006 and successive months. In order to not be charged the rates contained herein beginning July 2006, the property owner must submit written notice of the existence of said property owner's contract with Waste Management and the date of its expiration. This written notice must be submitted to the Ogden Dunes Water Works Office, 115 Hillcrest Road, Ogden Dunes, Indiana 46368 prior to July 1, 2006 or the property owner will be charged the rates contained in this section beginning July 2006. It is also important to provide the written notice set forth above to the Ogden Dunes Water Works office so that Able Disposal can be notified of the date it is required to pick up and dispose of the affected property owner's garbage and recycling.
(F) All payments required pursuant to this section shall be invoiced and included in the Town Water Works bills, and on the same interval as the Water Works bills. A 10% penalty shall be assessed on all late payments. The amount of the refuse charge, the penalty and a reasonable attorney fees shall be recovered by the town in a civil action in the name of the municipality in accordance with Indiana law. Additionally, payments or penalties that have been due and unpaid for at least 90 days may be filed as a lien against the real property in accordance with I.C. 36-9-23-33.
(G) The fees set forth in this section are not based solely upon I.C. 36-9-23 et seq. Separate and independent authority for these fees is in accordance with the home rule statutes contained in the Indiana Code for the purposes previously stated. (Ord. 702, passed 6-5-06)
ADMINISTRATION AND ENFORCEMENT
§ 51.45 REVOCATION OR SUSPENSION OF PERMIT FOR VIOLATION.
Permitting garbage, waste or refuse to scatter, drip, fall, spill, blow, litter, or otherwise be removed from the vehicle during transportation of its contents and/or utilizing vehicles that are not reasonably clean and sanitary and/or are not in good order and repair shall be prohibited and declared as being public nuisances. The Town Council may immediately revoke or suspend a permit for failure to strictly comply with the foregoing requirements. (`99 Code, § 6-145) (Ord. 574, passed 11-4-91)
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§ 51.46 APPEAL PROCEDURES.
If a permit is revoked or suspended by the Town Council, the permit holder has a right to appeal said revocation or suspension before the Town Council at its regularly scheduled monthly meetings, provided the permit holder gives written notice of the appeal to the Town Council President no less than 15 days prior to the Town Council’s monthly meeting date. (`99 Code, § 6-147) (Ord. 574, passed 11-4-91)
§ 51.99 PENALTY.
(A) Any person, firm or corporation violating any of the terms of this chapter shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation and/or five days of the issuance of a citation; and thereafter shall be subject to a fine of $100 for the violation if docketed with the Porter County Courts.
(B) Every day that any violation of any provision of this chapter occurs or continues shall constitute a separate offense.
(C) Any violation of the container requirements and use regulations of this chapter shall constitute a nuisance and the penalty provisions of the Nuisance Code provisions may be applied.
(D) Any person, firm or corporation violating the terms of this chapter shall reimburse the town for any damages sustained by reason of such violations. This section shall not be construed to limit the remedies of the town for violations of the terms of this chapter but shall be construed to supplement any existing remedies available to the town. (`99 Code, § 6-157) (Ord. 574, passed 11-4-91; Am. Ord. 655, passed 12-6-99; Am. Ord. 696, passed 11-7-05)
2006 S-3 12B Ogden Dunes - Public Works
CHAPTER 52: WATER
Section
General Provisions
52.01 Water main extensions 52.02 Temporary water service procedures
Rates and Charges
52.15 Quarterly usage rates; minimum payment 52.16 Fire protection service charge 52.17 Tapping charge 52.18 Payment of charges 52.19 Discontinuance of service 52.20 Reconnection charge 52.21 Temporary shut off 52.22 Review of rates and charges
Department of Waterworks
52.35 Incorporation of state law 52.36 Department of Waterworks designated 52.37 Board of Directors; powers and duties; compensation 52.38 Funds and accounts 52.39 Annual Board reports to Town Council 52.40 Existing rights, policies and procedures
GENERAL PROVISIONS
§ 52.01 WATER MAIN EXTENSIONS.
(A) Written application required. Anyone desiring municipal water service shall make written application to the Waterworks. Included with the application shall be one copy of a water service
13 14 Ogden Dunes - Public Works
agreement including the location of the water line, size, depth, and composition. The application shall also set forth the location of the septic system servicing the applicant, driveway, and any other utilities, buried pipe or cable. All water main extensions must have the approval of the Town Engineer, and Ogden Dunes Waterworks Board. (`99 Code, § 9-35)
(B) Building permit. The Building Commissioner shall not issue a building permit until the Waterworks has determined that water service is available to the structure applied for in the application. (`99 Code, § 9-36)
(C) Specifications and requirements for main extensions.
(1) Generally. All mains shall be laid according to specifications and upon and under conditions approved by the utility. Any main laid and connected to the water system shall immediately become the property of the utility.
(2) Existing mains. In addition to the procedure outlined for main extensions, in division (A) of this section, water main extensions which have been previously laid by subdividers or other persons may be connected to the water mains of the water utility and become the property of such utility when the following conditions have been complied with:
(a) When the water main extension meets the minimum standards required by the water utility as to size and quality of construction and is so certified by the Town Engineer in writing;
(b) When the water main extension shall have been completely paid for and no mechanics, materialmans, or other liens can possibly attach thereto, and 60 days shall have elapsed since the final completion thereof;
(c) When it shall be deemed by the Town Council, upon recommendation of the Utility Service Board to be to the advantage of the water utility to join such main extension to the Waterworks system of the utility.
(3) Ownership of existing mains. When such main extension of any sub-trunk or further extension thereof is connected to the waterworks system of the town, it shall immediately become the property of the town.
(4) Cost of extending town mains and service laterals. All costs involved in extending waterworks mains and service laterals to the property to be served shall be the responsibility of the person desiring the service. All issues involving main extensions will be decided by the Ogden Dunes Waterworks Board on a case by case basis. (`99 Code, § 9-37) (Ord. 543, passed 3-6-89)
Water 15
§ 52.02 TEMPORARY WATER SERVICE PROCEDURES.
(A) Mandatory compliance. Any person desiring a temporary connection to the water service utilities of the Department of Waterworks shall be allowed to connect to the water service only after complying with the following procedures. (`99 Code, § 9-40)
(B) Application.
(1) Application shall be made by the person desiring the connection at the office of the Clerk-Treasurer upon forms supplied by the Department of Waterworks.
(2) The form shall provide for the name, address, and signature of the person making application, the reason a temporary connection is desired, the exact location of the desired connection, the duration that the connection will be maintained, a statement that all actual expense incurred by the Department of Waterworks in allowing the connection or in damage resulting therefrom will be borne by the applicant, and such other information as might be required by the Department of Waterworks. (`99 Code, § 9-41)
(C) Deposit required. The application shall be accompanied by a deposit of cash or a certified check payable to the Department of Waterworks in the amount of $200, which shall be deposited and held by the Department and ultimately disposed of in accordance with division (E) below of this section. (`99 Code, § 9-42)
(D) Role of Superintendent of Department of Waterworks.
(1) The application shall thereupon be delivered to the Superintendent of the Department of Waterworks who shall determine if the application is complete and contains all of the necessary information and shall further determine whether the application can be approved without risking damage or a loss of service to the property or water system of the Department of Waterworks. The application may then be approved, approved with conditions, or disapproved by the Superintendent. Upon approval or approval with conditions, a permit shall be prepared and delivered to the applicant by the Superintendent with such conditions affixed thereon as might be appropriate.
(2) In all cases the physical presence and supervision of an employee of the Department of Waterworks shall be required during connections and disconnection to the water service of the Department. (`99 Code, § 9-43)
(E) Other charges.
(1) In the event that the application is disapproved, the deposit shall be returned to the applicant within five days of such disapproval. In the event that the application is approved, the deposit less 16 Ogden Dunes - Public Works
charges shall be returned within five days following disconnection from the water service, the charges shall be as follows:
(a) The sum of $25 for issuance of the permit including labor in supervising the connection and disconnection of the tap;
(b) The charge for water usage based upon the then prevailing rates and charges for other customers of the Department of Waterworks based upon metered usage if available or estimated usage if a metered reading is not available, but in no event shall the charge for water usage be less than $25; and,
(c) A charge for any physical damage to property of the Department of Waterworks caused by the applicant in an amount equal to the actual cost of repair if such repair is possible to said damaged property or its replacement cost if irreparable.
(2) All sums not returned to the applicant shall be retained by and be the property of the Department of Waterworks.
(F) Disconnections and damages. Any connection made to the water service utility of the Department of Waterworks not in accordance with lawful authority may be summarily disconnected by the Department of Waterworks and damages sought against the person making the connection in an amount determined as though a permit had been obtained and further including reasonable attorneys fees incurred obtaining the damages. (`99 Code, § 9-45) (Ord. 502, passed 7-11-83)
RATES AND CHARGES
§ 52.15 QUARTERLY USAGE RATES; MINIMUM PAYMENT.
(A) The following charges of water and water services funded by the Department of Waterworks are established:
Monthly Usage Rates First 12,000 gallons $2.79 per 1,000 gallons* Next 12,000 gallons $1.92 per 1,000 gallons* Next 30,000 gallons $1.53 per 1,000 gallons* Water 17
Monthly Usage Rates Over 54,000 gallons $1.34 per 1,000 gallons* *Plus subject to the wholesale water tracking factor as follows: The water tracking factor set forth in this schedule is applicable where clearly denoted on other rate schedules and shall be occasioned solely by changes in the whole cost of water, in accordance with 170 IAC 6-5-1. Water Tracking Rate: $.41 per 1,000 gallons** **Inclusive of the following separate tracking factors: $.07 per 1,000 gallons approved 10-14-1987 $.14 per 1,000 gallons approved 3-11-1999 $.20 per 1,000 gallons approved _________
(`99 Code, § 9-50)
(B) The minimum quarterly payment shall be $23.91 per meter, regardless of the meter size. (`99 Code, § 9-51)
§ 52.16 FIRE PROTECTION SERVICE CHARGE.
(A) The public fire protection service costs of waterworks will be included in the basic rates and charges of, and paid for by, all customers of the waterworks. (`99 Code, § 9-10)
(B) The change in recovery of public fire protection service costs by the Department of Waterworks authorized in division (A) above shall be reflected in a new schedule of rates, which schedule shall be established by the Department of Waterworks, approved by the Board of Directors of the Department of Waterworks and filed by the waterworks with the UIRC at least 30 days before the time for the effective date specified in division (A) above. (`99 Code, § 9-11)
(C) Pursuant to the Act and the Order of the UIRC, the new schedule shall:
(1) Eliminate public fire protection service costs billed directly to the town, other than in metered rates applicable to all customers and other than hydrant construction costs for new hydrants installed on or after December 31, 1993; and,
(2) Increase the rate charged each customer of the waterworks, based on equivalent meter size by an amount equal to the revenues lost from the elimination of such public fire protection service. Costs billed directly to the town, divided by the number of equivalent e-inch meters in service at the time the new schedule is established. (`99 Code, § 9-12) 18 Ogden Dunes - Public Works
(D) All new public fire hydrants installed or constructed by, or at the request of the town, the township, Porter County, or other governmental unit shall be paid for by the town. (`99 Code, § 9-13)
(E) The Board of Directors of the Department of waterworks is authorized and directed to establish rules governing the payment of fire hydrant installation and construction costs by or on behalf of the town. (`99 Code, § 9-14)
(F) Fire protection service shall be added to the basic rate of all customers of the waterworks and recovered based on meter size:
Meter Size Rate per Quarter e-inch x _-inch $10.19 1-inch $14.27 1_-inch $18.34 2-inch $29.55
(`99 Code, § 9-52) (Ord. 595, passed 11-1-93; Am. Ord. 648, passed 9-15-98) Statutory reference: Construction cost of fire hydrants, see I.C. 8-1-2-103(d)
§ 52.17 TAPPING CHARGE.
The Board of Directors of the Department of Waterworks has a policy of tap connections being a minimum of 1-inch meters and lines. All other tap connections shall be charged on a time and material cost basis. (`99 Code, § 9-53)
§ 52.18 PAYMENT OF CHARGES.
All bills on the above schedule shall be rendered and due quarterly. A $2.50 penalty for late payment shall be charged. A $10 charge for returned checks shall apply. (`99 Code, § 9-54)
Water 19
§ 52.19 DISCONTINUANCE OF SERVICE.
Whenever service is turned on or turned off at the request of the customer more often than once in a 12-month period, a charge of $10 shall be made by the Waterworks. (`99 Code, § 9-55)
§ 52.20 RECONNECTION CHARGE.
When a customer’s service is turned off for nonpayment of a water bill, a charge of $35 shall be made prior to reestablishment of service. (`99 Code, § 9-56)
§ 52.21 TEMPORARY SHUT OFF.
Any user desiring for his or her convenience a shutting off of the water supply to his or her premises for a period of 30 days or more may make application therefore to the Clerk-Treasurer at least 15 days prior to the date on which he or she desires the water shut off, specifying the date on which the supply is to be turned off and the approximate period during which service is to be suspended. When any such user desires his or her water service reinstated again, he or she shall make application therefore to the Clerk-Treasurer at least 15 days prior to the date on which he or she desires the water to be turned on. A charge of $6.90 shall be made for each act of disconnecting or reinstating the water service at the request of any such user and there shall be a minimum charge of $3.45 per month during the period of suspended service, which period may not exceed six months during any one calendar year. (`99 Code, § 9-57)
§ 52.22 REVIEW OF RATES AND CHARGES.
No free water shall be supplied to any premises. The foregoing schedule of rates and charges shall be revised from time to time to be sufficient at all times, after making due and reasonable allowances for contingencies and for a margin of error in the estimates, to pay the interest on and principal of the water revenue bonds from time to time outstanding, as such interest and principal become due and payable, to pay all current expenses of operation, maintenance and repair of the municipal waterworks, to comply in all respects with the terms of the ordinance pursuant to which the water revenue bonds are being issued and to meet any other obligations of the town which are charges, liens, or encumbrances upon the revenues of the municipal waterworks. (`99 Code, § 9-58) (Ord. 341, passed 2-20-61)
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DEPARTMENT OF WATERWORKS
§ 52.35 INCORPORATION OF STATE LAW.
The provisions of I.C. 8-1.5-4-1 through 8-1.5-4-19, are adopted by the town and the provisions are hereby incorporated herein by reference to the same effect as if the same were fully set forth herein. (`99 Code, § 9-19) (Ord. 500, passed 5-2-83)
§ 52.36 DEPARTMENT OF WATERWORKS DESIGNATED.
The Department of Water heretofore existing within the town is redesignated the Department of Waterworks of the town. (`99 Code, § 9-18) (Ord. 500, passed 5-2-83)
§ 52.37 BOARD OF DIRECTORS; POWERS AND DUTIES; COMPENSATION.
(A) The Department of Waterworks of the town shall be controlled by a Board of Directors which shall consist of three directors, not more than two of whom may be of the same political party.
(B) As each initial term expires, a replacement Director shall be appointed for a full three-year term. (`99 Code, § 9-20)
(C) The Board of Directors shall have such powers and duties as prescribed by law now or hereafter existing. (`99 Code, § 9-21)
(D) The compensation to be paid to each director shall be the sum of $200 per year. The directors shall each post bond, which shall be fixed by the Clerk-Treasurer and be subject to his or her approval. (`99 Code, § 9-23) (Ord. 500, passed 5-2-83)
§ 52.38 FUNDS AND ACCOUNTS.
Upon the election and qualification of the Directors and the creation of the Waterworks Department, it shall be the duty of the Board to receive and collect all revenues due or becoming due to the Department of Waterworks, and to disburse the revenue into the respective fund as herein provided. Water 21
(A) Waterworks Operation and Maintenance Fund. There is created a fund to be known and designated the Waterworks Operation and Maintenance Fund. It is determined that the revenue of the Waterworks Department shall be deposited in this fund for reasonable and proper operation and maintenance of the waterworks.
(1) The Board of Directors of the Waterworks Department, from the Waterworks and Maintenance Fund is empowered to pay all expenses incurred for the operation and maintenance of the waterworks system and the Board of Directors of the Waterworks Department, shall make monthly accounting and reports to the Clerk-Treasurer of all funds. The Board of Directors of the Waterworks Department shall deposit with the Clerk-Treasurer any funds other than those in the Waterworks Operation and Maintenance Fund so collected by it during such month, until such time as the same may be ordered paid out by the Board of Directors of the Waterworks Department. By authority of the Board of Directors of the Waterworks Department any excess of the waterworks Operation and Maintenance Fund may be transferred to the Depreciation Account.
(2) The Board of Directors of the Waterworks Department shall not pay claims from the Waterworks Operation and Maintenance Fund of the Waterworks Department until any person, firm, or corporation seeking to collect any claim shall furnish sufficient and reasonable proof of the validity and reasonableness of such claim on forms required by the Board of Directors of the Waterworks Department, or the statutes of the State of Indiana. Such Board shall keep all funds belonging to the Waterworks Operation and Maintenance Fund on deposit in a reputable banking institution and shall require of such banking institution reasonable indemnity against loss or misappropriation of such funds or any part thereof. No payment of any nature shall be made from such funds except upon order of the Board, signed by a majority of the members thereof.
(B) Waterworks Depreciation Fund. There is created a special fund to be known and designated as the Waterworks Depreciation Fund. All funds at any time held in the Waterworks Depreciation Fund may be expended from time to time to pay the cost of renewals and replacements to the waterworks and balance therein not required for such renewals and replacements may be expended to pay the cost of new construction, extensions, or additions to the waterworks. (Ord. 474, passed 6-2-98)
(C) All the funds of the several accounts shall be deposited in lawful depositories and shall be continuously held and secured as provided by the laws of the State of Indiana. (`99 Code, § 9-24) (Ord. 345, passed 1-6-61)
§ 52.39 ANNUAL BOARD REPORTS TO TOWN COUNCIL.
In addition to the accounting and reports required to be submitted to the Clerk-Treasurer herein, the Board of the Department of Waterworks shall make periodic reports of the activities of the Board of the Department of Waterworks to the Town Council at reasonable and appropriate intervals, but in no event shall such reports be made less than annually, as required by the Indiana Utility Regulatory Commission. (`99 Code, § 9-26) (Ord. 345, passed 11-6-61) 22 Ogden Dunes - Public Works
§ 52.40 EXISTING RIGHTS, POLICIES AND PROCEDURES.
To the extent permitted by law, rights or liabilities heretofore accrued, penalties incurred, offenses committed, proceedings begun, policies and procedures established funds created, and expenditures made or authorized shall not be affected by the passage hereof. (`99 Code, § 9-22) (Ord. 500, passed 5-2-83) TITLE VII: TRAFFIC CODE
70.01 Definitions 70.02 Enforcement 70.03 Authority for signs; tampering 70.04 Cost of car plates 70.05 Motor vehicle impound fee
70.99 Penalties Statutory reference: Authority to adopt traffic regulations, see I.C. 9-21-1-2
§ 70.01 DEFINITIONS.
The words and phrases set forth in I.C. 9-13-2-1, et seq., shall govern in the interpretation of this Title. (`99 Code, § 8-1)
§ 70.02 ENFORCEMENT.
The Town Marshal and deputies shall be responsible for the enforcement of all local traffic regulations. (`99 Code, § 8-2) Statutory reference: Local enforcement, see I.C. 9-21-1-5
§ 70.03 AUTHORITY FOR SIGNS; TAMPERING.
(A) Traffic at locations and areas determined by him or her to be special traffic conditions or hazards, the Town Marshal with the approval of the Town Council, may from time to time erect stop, one way traffic, do not enter, danger, slow, yield, hill, and other such traffic regulatory signs. 3 2006 S-3 4 Ogden Dunes - Traffic Code
(B) It shall be unlawful for any unauthorized person to remove, deface, tamper with, break, destroy, or impair the usefulness of any public signs within the town. (`99 Code, § 8-64) (Ord. 438, passed 6-3-74) Penalty, see § 70.99
§ 70.04 COST OF CAR PLATES.
The cost of town car plates shall be the sum of $5. (Ord. 675, passed 12-17-01)
§ 70.05 MOTOR VEHICLE IMPOUND FEE.
The town hereby establishes a fee of $15 to be collected from the owner of any motor vehicle impounded by the Police Department. The fee shall be collected by the Police Department prior to release of the motor vehicle. All fees received pursuant to this section shall be deposited into the LECE Fund with the intent that said funds be utilized for Police Department equipment and/or training. (Ord. 703, passed 7-10-06)
§ 70.99 PENALTY.
Unless otherwise provided, any person, firm, or corporation who parks, drives, operates, or controls any vehicle within the town in any manner prohibited by the terms of this Title or contrary to, or in violation of any section, part, or provision of this Title shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation, and thereafter shall be subject to a fine of $100 for such violation. (`99 Code, § 8-67) (Ord. 655, passed 12-6-9 2006 S-3 CHAPTER 71: TRAFFIC RULES
71.99 Penalty Cross-reference: Vehicle and bicycle restrictions in parks, beaches and recreation areas, see § 94.18
§ 71.01 ONE-WAY STREETS.
(A) The Town Marshal may designate certain streets to be one way only with the approval of the Town Council and after the erection and display of any sign so indicating that such street is one-way. No vehicle shall be driven except in conformity thereto. (`99 Code, § 8-25)
(B) In order to promote the public safety, certain streets within the town limits are designated as one-way streets and appropriate signage or signs may be erected to control the streets. (`99 Code, § 8-26) (Ord. 438, passed 6-3-74; Am. Ord. 557, passed 5-7-90) Penalty, see § 71.99 Statutory reference: One-way designations, see I.C. 9-21-4-14 Cross-reference: One-way streets specified, see Chapter 73, Schedule I
§ 71.02 SPEED LIMITS.
(A) No person shall drive a vehicle within the town at a speed greater than is reasonable and prudent under the then existing conditions having due regard to the actual and potential hazards. In every event, speed shall be so restricted as may be necessary to avoid colliding with any person or vehicle or other conveyance.
5 6 Ogden Dunes - Traffic Code
(B) The Town Marshal may, from time to time, erect speed limit signs setting forth a maximum speed at locations and areas which present special traffic conditions or hazards with the approval of the Town Council.
(C) Except when a special hazard exists that requires lower speed for compliance with divisions (A) or (B) of this section, a speed limit of 25 miles per hour shall be the maximum lawful speed within the town. (`99 Code, § 8-35) (Ord. 438, passed 6-3-74) Penalty, see § 71.99 Cross-reference: Speed limits designated for specific streets, see Chapter 73, Schedule II
§ 71.03 STOP INTERSECTIONS.
(A) In order to promote the public safety in the town, certain street intersections and “T” intersections within the town limits are designated “stop” intersections and authorizing appropriate signage or signs erected to control the intersections. (`99 Code, § 8-45)
(B) The Town Council has been given the power to make such designations by the State of Indiana and to assess penalties for violation thereof under Title 36 of the Indiana Code, and Title 9 of the Indiana Code. (`99 Code, § 8-46) (Ord. 561, passed 10-1-90) Cross-reference: Stop intersections designated, see Chapter 73, Schedule III
§ 71.04 YIELD INTERSECTIONS.
(A) In order to promote the public safety, certain street intersections within the town limits are designated “yield” streets and appropriate signage or signs erected to control the intersections. (`99 Code, § 8-48)
(B) The Town Council has been given the power to make such designations by the State of Indiana and to assess penalties for violation thereof, under I.C. 36-9-2-7, et seq., and I.C. 9-21-1-1 et seq. (`99 Code, § 8-49) (Ord. 550, passed 3-5-90) Cross-reference: Yield intersections designated, see Chapter 73, Schedule IV
§ 71.05 CROSSWALKS.
A crosswalk shall be installed by being so marked as a crosswalk at the Sand Tracks. Pedestrians using the crosswalk will have the right-of-way and vehicles must yield to pedestrians and the crosswalk Traffic Rules 7
shall be governed by all applicable state statutes and regulations including I.C. § 9-21-17-7, 9-21-17-11 and 9-21-16-5. (`99 Code, § 8-60) (Ord. 593, passed 5-24-93)
§ 71.06 WEIGHT AND LOAD LIMITS.
(A) It shall be unlawful for any person, firm, or, corporation to operate, any type of construction machinery or other type of heavy equipment or machinery on any public street or road within the corporate limits of the town without proper lugs or mats so as to prevent any damage or injury to the surface of the public road or street.
(B) Any person, firm, or corporation violating any of the terms of this section shall reimburse the town for any damages sustained by reason of such violation. This section shall not be construed to limit the remedies of the town for violations of the terms of this section, but shall be construed to supplement any existing remedies available to the town. (`99 Code, § 8-61) (Ord. 363, passed 12-2-63) Penalty, see § 71.99
§ 71.99 PENALTY.
(A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be subject to the provisions of § 70.99.
(B) The Town Council has been given the power to make such designations by the State of Indiana to assess penalties for violations thereof under I.C. 9-21-1-1 et seq. Any person operating a vehicle in a direction other than indicated by § 71.01 or by Chapter 73, Schedule I, shall be deemed to be in violation of that section and, upon conviction, shall be fined in the amount of not less than $1 nor more than $25 provided that in lieu of such person being charged in court for the penalty, such person in violation thereof may pay the sum of $25 within five days of the violation to the Clerk-Treasurer. (`99 Code, § 8-28)
(C) Any person driving a vehicle in violation of § 71.02 or Chapter 73, Schedule II, shall be fined in an amount not less than $1 nor more than $25. (`99 Code, § 8-38)
(D) Any person violating the provisions of §§ 71.03, 71.04, or Chapter 73 Schedules III or IV shall be guilty of an infraction and upon conviction shall be fined not less than $1 nor more than $100, or in the alternative, may within five days of the arrest, pay into the Clerk-Treasurer’s office the sum of $25 cash, taking receipt thereof. (`99 Code, § 8-51) 8 Ogden Dunes - Traffic Code
(E) Any person, firm or corporation convicted of violating any of the terms of § 71.06 shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation, and thereafter, shall be subject to a fine of $100 for such violation. Each and every day that such violation is committed or permitted to continue shall constitute a separate and distinct offense. (`99 Code, § 8-61) (Ord. 550, passed 3-5-90; Am. Ord. 557, passed 5-7-90; Am. Ord. 655, passed 12-6-99) CHAPTER 72: PARKING REGULATIONS
Section
72.01 Parking prohibited 72.02 Parking permit stickers and fees 72.03 Impoundment of illegally parked vehicle 72.04 Parking restrictions on recreational vehicles Statutory reference: Stopping, standing and parking regulations, see I.C. 9-21-16-5
§ 72.01 PARKING PROHIBITED.
(A) In order to prevent and minimize accidents, to insure the orderly movement of traffic, and to prevent congestion, it is made unlawful for any person to park a motor vehicle at any time upon the traveled portion of the streets within the corporate limits of the town. The provisions of this section shall not apply as to state highways within the town. (`99 Code, § 8-7)
(B) (1) The Town Marshal with the approval of the Town Council may from time to time designate certain locations and areas public parking zones or likewise may designate certain locations and areas “no parking zones.”
(2) It shall be a violation of this section to park any vehicle in an area marked “no parking.”
(3) No motor vehicles shall be parked within 15 feet of any fire or water hydrant.
(4) No vehicle shall be parked or permitted to remain standing on any public street or right-of-way in the town for any length of time whatever, unless it is equipped with and displays properly issued license plates.
(5) No motor vehicle shall be parked so as to obstruct any private driveway, easement, alley or crosswalk.
(6) If special traffic conditions or hazards exist, the Town Marshal may designate any area a “no parking” area for no longer than a 72-hour period provided some public notice or sign is erected to indicate such. (`99 Code, § 8-6)
9 10 Ogden Dunes - Traffic Code (C) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or to avoid conflict with law or the directions of a police officer and, except as permitted by § 72.02, in any of the following places:
(1) In front of a public or private driveway;
(2) Upon the paved portion of any street;
(3) Within 15 feet of a fire hydrant;
(4) At any place where official signs prohibit parking; and
(5) Within 15 feet of the paved portion of any street designated as a restricted parking area. (`99 Code, § 8-8) (Ord. 387, passed 1-9-67; Am. Ord. 438, passed 6-3-74; Am. Ord. 552, passed 4-2-90) Penalty, see § 70.99
§ 72.02 PARKING PERMIT STICKERS AND FEES.
Notwithstanding § 72.01, persons shall be allowed to park a vehicle adjacent to and within 15 feet of the paved portion of a street designed as a restricted parking area if a valid parking permit sticker is displayed on the lower left corner of the front windshield of the vehicle. The parking permit sticker shall be issued as follows:
(A) The parking permit shall be available for purchase from the office of the Clerk-Treasurer upon payment of the sum of $85 each year for bona fide residents of the town and $300 for each nonresident of the town.
(B) Each permit so issued shall be valid only for the year in which it is issued, which year shall be permanently written upon the face of the sticker.
(C) Application for purchase of the parking permit shall be made upon completion of forms available from the Clerk-Treasurer for such purpose and presentation of a current vehicle registration certificate of the vehicle to be affixed.
(D) Parking permits so issued shall thereafter be valid only for the vehicle for which it was purchased; provided that one permanent transfer to a different vehicle per year will be allowed free of charge by completion of a new application form. Second and subsequent transfers shall be allowed upon payment of a $5 transfer fee.
(E) A “resident’s parking permit” shall be available to an individual free of charge by the Clerk-Treasurer upon proof submitted by the Town Marshal that the individual is a bona fide resident of property abutting a restrictive parking area and that insufficient space exists on his or her private
2006 S-2 Parking Regulations 11
property to park his or her vehicle or vehicles. The individual shall be issued a sufficient number of resident’s parking permits to allow all of his or her vehicles to be parking on or abutting his or her private property; provided, that not more than three resident’s parking permits shall be issued to the resident of any one parcel of real estate. A resident’s parking permit issued pursuant to this division shall authorize parking only adjacent to the property on which the applicant resides, the address of which shall be clearly written upon the face of the permit.
(F) Any individual who is a bona fide resident of the property abutting a restricted parking area and receives temporary guests who do not have valid parking permits may request from the Police Department approval for parking by his or her guests in the restricted parking areas. Such approval shall be given only if insufficient parking space exists on the individual’s private property and shall be for such specific time requested and only for areas adjacent to the individual’s private property. The approval given pursuant to this division shall be evidenced by a document that shall be displayed on the dashboard of the guest’s vehicle so as to be seen from the outside of the vehicle. Approval shall not be given to any one resident for more than five guest vehicles at any one time. (`99 Code, § 8-9) (Ord. 634, passed 1-7-97; Am. Ord. 688, passed 4-5-04; Am. Ord. 700, passed 3-6-06)
§ 72.03 IMPOUNDMENT OF ILLEGALLY PARKED VEHICLE.
Any vehicle parked in violation of this chapter, unless otherwise provided, is declared to constitute a nuisance. Such nuisance shall be abated by the removal and impoundment of such vehicle by the Police Department. The vehicle shall be released to the owner thereof upon payment of storage and towing costs, if any, and such other fines, penalties, or costs as may be imposed by the law. (`99 Code, § 8-11) (Ord. 480, passed 4-6-81; Am. Ord. 544, passed 4-3-89; Am. Ord. 552, passed 4-2-90)
§ 72.04 PARKING RESTRICTIONS ON RECREATIONAL VEHICLES.
(A) Parking of recreational vehicles, boats, RV’s, mobile homes and trailers within the town shall be limited to temporary parking and not permanent or semi-permanent storage unless they are garaged or housed.
(B) As used in this section, TEMPORARY shall be defined as not more than a total of 30 days within a calendar year. Each day in excess of 30 days shall be considered a separate offense. (`99 Code, § 8-63) (Ord. 655, passed 12-6-99) Penalty, see § 70.99
2006 S-2 12 Ogden Dunes - Traffic Code
CHAPTER 73: TRAFFIC SCHEDULES
Schedule
I. One-way streets II. Speed limits III. Stop intersections IV. Yield intersections
SCHEDULE I. ONE-WAY STREETS.
The Marshal has recommended the designation of one-way streets to the Council based upon public safety considerations and the Town Council approves the recommendations and designates the following streets as one-way streets with all vehicles traveling thereon shall be moved only in the direction stated as follows.
Street Location Direction Beach Lane From Hillcrest Road to North-South portion of Beach Lane East bound Locust Road From Sunset Trail to Diana Road North bound Lupine Lane From Woodland Trail to Hillcrest Road East bound Ski Hill Road From 44 Ski Hill Road to 4 Ski Hill Road East bound commencing at 44 Ski Hill Road, proceeding northerly, and finally northwesterly at 4 Ski Hill Road
(`99 Code, § 8-27) Penalty, see § 71.99
14 Ogden Dunes - Traffic Code
Traffic Schedules 15
SCHEDULE II. SPEED LIMITS.
No person shall drive a vehicle at a speed greater than indicated on the streets listed below.
Street Location Speed Limit All roads lying north of the Penn Central Railroad Tracks 25 m.p.h. Hillcrest Road Between U.S. Hwy 12 and the north intersection of Diana Road and Hillcrest 20 m.p.h.
The Marshal has recommended and the Town Council approves the following intersections as stop intersections and all vehicles are required to stop at one or more entrances to such locations.
Stop On Stop At Diana Road, south end Hillcrest Road Diana Road Shore Drive East Hill Road Ogden Road East Hill Road Shore Drive East Hill Road Turret Road Hillcrest Highway 12 Hillcrest Road, north end Diana Road Indian Camp Trail Diana Road The Ledge Cedar Trail Ogden Court Ogden Road Ogden Road East Hill Road Ogden Road Hillcrest Ogden Road Ogden Court Ogden Road Skyline Ski Hill Diana Road Skyline Ogden Road Sunset Trail Hillcrest Road Tamarack Shore Drive Turret Road East Hill Road, east and west bound Valerie Diana Road
The Marshal has recommended the placement of yield signs to the Town Council based upon public safety considerations and the Town Council approves the recommendations and designates the following intersections as yield intersections and all vehicles are required to yield at one or more entrances to such locations.
Street that Yields Yields At Aspen Ogden Road Aspen Road Skyline Drive Beach Lane Court Beach Lane Beach Lane Shore Drive Bittersweet Lane Aspen Bittersweet Lane Ogden Road Boat Club Road Hillcrest Road Cedar Court Cedar Trail Cedar Trail Shore Drive Chestnut Chrismar Chrismar Valerie Deer Trail Diana Road (east and west ends) Diana Court Diana Road Linden Lane Sunset Trail Linden Lane Woodland Trail Locust Place Diana Road Lupine Lane Hillcrest Road Ogden Cedar Trail Ogden Court Cedar Trail Ski Hill Place Ski Hill Road Ski Hill Road Woodland (north end) 20 Ogden Dunes - Traffic Code
Street that Yields Yields At Summit Road Diana Road Sunset Trail Diana Road Sycamore Chrismar Tamarack Diana Road The Ledge Hillcrest Road Turret Road Ogden Road Woodland Trail by Ski Hill Road Woodland Trail Sunset Trail
I. Seasonal parking restrictions II. Parking prohibited III. Handicapped parking IV. Permitted parking
SCHEDULE I. SEASONAL PARKING RESTRICTIONS.
The following streets or portions thereof as indicated are designated as restricted parking areas from May 1 of each year to the officially observed Labor Day of each year, both dates inclusive:
Street Location Beach Lane All Cedar Trail From Shore Drive to Ogden Court Diana Road From Sunset to Shore Drive East Hill Road From Ogden Road to Shore Drive Hillcrest First two lots on the south side beginning from the Diana Road-Hillcrest intersection Locust Place From Diana Road south to the end Shore Drive All Tamarack Road All
No person shall park a vehicle, except when necessary to avoid conflict with other traffic or to avoid conflict with law or the directions of a police officer in any of the following places. Expressly excluded and excepted from the no parking area is the south 105 feet from the existing fire hydrant to the existing Northern Indiana Public Service Company (NIPSCO) pole No. 959 and on the west side 603 of Hillcrest only from the existing parking area (as exempted herein) to approximately 105 feet north to the existing handicap parking.
Street Side Location Hillcrest Road East From Ogden Road to Diana Road; except on Hillcrest at 77 Hillcrest Road, 79 Hillcrest Road and 81 Hillcrest Road where residential parking only will be permitted Hillcrest Road West From Lupine Lane to Diana Road
Handicapped parking shall be allowed in the following designated locations. Handicapped persons shall be allowed to park a vehicle in the spaces designated if a valid parking permit, sticker, or handicapped license plate is displayed on the vehicle.
2 parking spaces by the TV station.
(`99 Code, § 8-15) (Ord. 593, passed 5-24-93)
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Parking Schedules 27
SCHEDULE IV. PERMITTED PARKING.
The following streets or portions thereof or land areas as indicated are hereby designated as parking areas.
Street Location Hillcrest East side on the Sand Tracks Old Hillcrest Road Both sides
(`99 Code, § 8-16) (Ord. 593, passed 5-24-93)
28 Ogden Dunes - Traffic Code
TITLE IX: GENERAL REGULATIONS
Chapter
90. ABANDONED VEHICLES
91. ANIMALS
92. FIRE PREVENTION
93. NUISANCES
94. PARKS AND RECREATION
95. STREETS AND SIDEWALKS 1 2 Ogden Dunes - General Regulations CHAPTER 90: ABANDONED VEHICLES
Section
90.01 Definitions 90.02 Declaration of nuisance 90.03 Notice of removal 90.04 Citations 90.05 Written report; disposition of car 90.06 Role of Bureau of Motor Vehicles
90.99 Penalty Cross-reference: Nuisance procedures, see Chapter 93
§ 90.01 DEFINITIONS.
(A) For the purpose of this chapter, JUNK MOTOR VEHICLE shall mean any motor vehicle or the remains thereof which:
(1) Does not have wheels or inflated tires attached thereto;
(2) Does not bear a currently valid license plate and a current valid vehicle inspection sticker;
(3) Is not housed in a garage or other buildings; and
(B) Parts of vehicles such as fenders, hoods, seats, motors, axles, transmissions, frames, doors, and the like shall be included under the definition of JUNK MOTOR VEHICLE when not housed in a garage or other building. (`99 Code, § 6-105)
§ 90.02 DECLARATION OF NUISANCE.
Junk motor vehicles as herein defined are declared to be nuisances except in lawfully operated junk yards or yards lawfully operated for vehicles awaiting permission for junking from the Bureau of Motor Vehicles for lots utilized by new or used car dealers at their legally recognized places of business. (`99 Code, § 6-106) (Ord. 464, passed 4-2-79)
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§ 90.03 NOTICE OF REMOVAL.
Any officer of the town may order or arrange for removal of any abandoned car within 72 hours following prominent attachment to the abandoned car of a notice containing the following information (however, see § 90.05 regarding prior determination of fair market value):
(A) That the abandoned car is considered abandoned;
(B) That the abandoned car will be removed after 72 hours and that the following costs may be avoided if the abandoned car is removed within 72 hours;
(C) That the person who owns the abandoned car will be held responsible for all costs incidental to the removal, storage, and disposal of the abandoned car; and
(D) The name, address (Town Department Address), and phone number of the officer posting the notice. (`99 Code, § 6-107) (Ord. 655, passed 12-6-99)
§ 90.04 CITATIONS.
Any officer of the town may issue or arrange for the issuance against the owner of a junk car or abandoned car and the occupant or owner of the real estate upon which the junk car or abandoned car is located, a civil citation into a court of competent jurisdiction and, in cooperation with the Town Attorney, pursue civil penalties and other remedies as provided herein or by other applicable law. (`99 Code, § 6-108) (Ord. 655, passed 12-6-99)
§ 90.05 WRITTEN REPORT; DISPOSITION OF CAR.
In addition and notwithstanding the remedies/penalties provided in § 90.99, an officer may take the following actions with respect to an abandoned car:
(A) If an abandoned car has been tagged with the notice as provided in § 90.03 and the abandoned car is not removed as required, the officer shall prepare a written abandoned car report of the abandoned car, including information on the condition and other facts that might substantiate the estimated market value of the abandoned car and which report shall include photograph(s). This information shall be retained for a period of not less that two years;
(B) The officer may arrange for the abandoned car to be towed and stored by a towing operator; Abandoned Vehicles 5
(C) If, in the opinion of the officer, the market value of the abandoned car, as determined in division (A) above, is not more than $500, the officer may immediately dispose of the vehicle to an automobile scrap yard. In this event, a copy of the report and photographs shall be forwarded to the Bureau of Motor Vehicles of the State of Indiana;
(D) If, in the opinion of the officer, the market value of the abandoned car, as determined in division (A) above, is more than $500, the officer, before tagging an abandoned car with the notice provided in § 90.03, shall make a reasonable effort to ascertain the person who owns the abandoned car or who may be in control of the abandoned car. In that event and after 72 hours following notice, the officer shall arrange for the abandoned car to be towed and stored by a towing operator;
(E) If the abandoned car is in such a condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the abandoned car, the abandoned car may be disposed of without notice. (`99 Code, § 6-110) (Ord. 655, passed 12-6-99)
§ 90.06 ROLE OF BUREAU OF MOTOR VEHICLES.
(A) Within 72 hours after removal of an abandoned car to a storage area as provided in this chapter, the officer or towing operator shall prepare and forward to the Bureau of Motor Vehicles of the State of Indiana, an abandoned car report containing a description of the vehicle, including the following information concerning the vehicle:
(1) The make;
(2) Model;
(3) Identification number; and
(4) Number of the license plate.
(B) The officer or towing operator shall further request the Bureau of Motor Vehicles of the State of Indiana to forward information regarding the name and most recent address of the person who owns or holds a lien on the vehicle. (`99 Code, § 6-111) (Ord. 655, passed 12-6-99)
§ 90.99 PENALTY.
(A) If any such notice as provided in § 90.03 is not obeyed within the time fixed, the owner of the abandoned car, the occupant and/or owner of the real estate upon which it is located, shall each be 6 Ogden Dunes - General Regulations
subject to a civil penalty of not less than $50 and not to exceed $100. Each day on which the abandoned car is permitted to remain on the real estate after the time fixed in the notice shall constitute a separate offense.
(B) The owner of a junk car and an occupant and/or owner of the real estate upon which it is located shall each be subject to a civil penalty not less than $50 and not to exceed $100 severally. Each day on which the junk car is permitted to remain on the real estate or on public or private property shall constitute a separate offense. (`99 Code, § 6-109) (Ord. 655, passed 12-6-99) Cross-reference: Penalty for creating or maintaining nuisance, see § 93.99
CHAPTER 91: ANIMALS
Section
91.01 Authority of town to regulate animals 91.02 Running at large prohibited 91.03 Vicious dogs prohibited 91.04 Dogs prohibited on beaches 91.05 Dogs creating noise, other disturbance 91.06 Vaccinations required 91.07 Annual tax; dog tags 91.08 Impoundment of dog in violation; redemption; euthanasia
91.99 Penalty
§ 91.01 AUTHORITY OF TOWN TO REGULATE ANIMALS.
The town may regulate the control of animals and may establish animal shelters. (`99 Code, § 6-6) Statutory reference: Authority to control animals, see I.C. 36-8-2-6
§ 91.02 RUNNING AT LARGE PROHIBITED.
(A) Any person owning a dog shall keep the dog chained, penned, or otherwise within his or her control at all times. (`99 Code, § 6-14)
(B) No person owning any dog shall permit such dog to run at large in the town unless the same be under the immediate supervision of and within view of the owner thereof or the owner’s agent. (`99 Code, § 6-13) (Ord. 490, passed 5-3-82) Statutory reference: Running at large, see I.C. 15-2.1-21-8
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§ 91.03 VICIOUS DOGS PROHIBITED.
(A) VICIOUS DOG shall mean any dog which, without provocation, attacks or injures any person or animal.
(B) No person shall keep or harbor any fierce or vicious dog within the corporate boundaries of the town. (`99 Code, § 6-15) (Ord. 490, passed 5-3-82; Am. Ord. 655, passed 12-6-99) Penalty, see § 91.99
§ 91.04 DOGS PROHIBITED ON BEACHES.
No person owning any dog shall permit such dog to be on the beaches of the town between the first day of May and the first day of October of each year. The beaches of the town are described as the sandy and grassy areas immediately adjacent to and contiguous with Lake Michigan that are owned by the town. (`99 Code, § 6-16) (Ord. 490, passed 5-3-82) Penalty, see § 91.99
§ 91.05 DOGS CREATING NOISE, OTHER DISTURBANCE.
No person owning any dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood or the rights of others by barking, making other loud or unusual noises, or by running through or across cultivated gardens, fields, lawn, or property owned by another person. (`99 Code, § 6-17) (Ord. 490, passed 5-3-82) Penalty, see § 91.99
§ 91.06 VACCINATIONS REQUIRED.
The owner of any dog harbored within the corporate boundaries of the town shall cause the dog to be and remain vaccinated against rabies by a duly licensed veterinarian unless the dog is under the age of six months. (`99 Code, § 6-12) (Ord. 490, passed 5-3-82) Penalty, see § 91.99
§ 91.07 ANNUAL TAX; DOG TAGS.
(A) Dog tax. The owner of any dog harbored within the corporate boundaries of the town shall pay an annual tax in the amount of $2 for each dog so harbored. (`99 Code, § 4-40)
(B) Conditions of dog fees. Fees shall be paid pursuant to the following provisions:
(1) Payable to the town and shall be paid at the office of the Clerk-Treasurer; Animals 9
(2) Paid on or before the first day of March of each year. (`99 Code, § 4-41)
(C) Metallic ID dog tags issued.
(1) At the time when the fee is paid, the Clerk-Treasurer shall give to such owner a numbered metallic identification tag which shall be attached to the collar worn by such dog.
(2) The owners of the dog shall thereafter cause the dog to wear the collar and identification tag at all tines. (`99 Code, § 4-42)
(D) Role of Clerk-Treasurer. The Clerk-Treasurer shall record the number of the dog tag issued, the name and address of the owner of the dog for which the tax is paid, the sex of the dog, and a brief description of the dog which might include the breed, color, and markings. (`99 Code, § 4-43) (Ord. 490, passed 5-3-82)
§ 91.08 IMPOUNDMENT OF DOG IN VIOLATION; REDEMPTION; EUTHANASIA.
(A) Any dog found under circumstances that would constitute a violation of §§ 91.02 through 91.06 of this chapter is declared to be a nuisance and shall be impounded by the Marshal or such other person or persons authorized by the Town Council to perform such services. (`99 Code, § 6-18)
(B) The owner of any dog impounded under the provisions of division (A) above may redeem the dog within 72 hours from the time of impoundment by paying all the costs of impounding the same, including contractual costs incurred by the town and feeding of the dog, together with all applicable fines that may be payable pursuant to § 91.99; provided that the owner of any dog which has bitten a person shall not be entitled to redeem the dog until he has also shown that the dog was immune from rabies at the time of the biting and, in the event that the owner cannot show that the dog was immune from rabies at the time of the biting, the dog shall remain impounded for a period of 14 days, the cost of which shall also be paid by the owner. (`99 Code, § 6-20)
(C) Any dog impounded under the provisions of division (A) of this section that has not been redeemed pursuant to the provisions of the foregoing division (B) within 72 hours from the time of impoundment shall be destroyed or placed for adoption at the discretion of the Marshal, and the owner of the dog shall be liable for all costs of impounding and keeping the dog; provided, that any person claiming ownership of any such dog during that period shall first secure from the Marshal a release showing that the costs and obligations provided by the foregoing division (B) have been paid and that 10 Ogden Dunes - General Regulations
the dog was immune from rabies at the time of impoundment, the dog shall not be released until it has been determined whether or not the dog has bitten a person and, if it has bitten a person, it shall be held for not less than a 14-day period. (`99 Code, § 6-21) (Ord. 490, passed 5-3-82; Am. Ord. 505, passed 3-3-84)
§ 91.99 PENALTY.
Any person who violates any provision of this chapter shall be fined in the sum of $100 for each violation; provided that in lieu of such person being charged for such violation in court, such person in violation hereof may pay the sum of $25 within five days of the violation to the Clerk-Treasurer. (`99 Code, § 6-19) (Ord. 490, passed 5-3-82)
CHAPTER 92: FIRE PREVENTION
Section
92.01 Authority to establish a fire department 92.02 Open unattended fires prohibited 92.03 Burning on public ways prohibited
92.99 Penalty Cross-reference: Firearms, firecrackers and fireworks prohibited in parks, on beaches, see § 94.17
§ 92.01 AUTHORITY TO ESTABLISH A FIRE DEPARTMENT.
The town may establish, maintain, and operate a fire fighting and fire prevention system and may provide facilities and equipment for that system. (`99 Code, § 6-5) Statutory reference: Statutory authority, see I.C. 36-8-2-3
§ 92.02 OPEN UNATTENDED FIRES PROHIBITED.
(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPEN FIRE. Any fire which is not enclosed within the confines of a furnace, stove, fireplace, or other structure of solid wall construction, the confines of which, or the chimney of which extend above the upper limit of the flames created in the fire. (`99 Code, § 6-84)
UNATTENDED FIRE. Any fire not supervised and watched by a person who is at all such times within 50 feet thereof. (`99 Code, § 6-85)
(B) It shall be unlawful for any firm, or corporation who starts a fire or allows or directs the same to be started to leave the same open and unattended so long as the same is burning or any sparks remain in the ashes thereof. (`99 Code, § 6-85) (Ord. 360, passed 4-6-64) Penalty, see § 92.99
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§ 92.03 BURNING ON PUBLIC WAYS PROHIBITED.
(A) It shall be unlawful for any person, firm or corporation to burn or set fire to leaves, paper, wood or any other material or rubbish on any hard surface or blacktop public street or road within the corporate limits of the town. (`99 Code, § 6-78)
(B) Any person, firm or corporation violating the terms of this section shall reimburse the town for any damages sustained by reason of such violation. This section shall not be construed to limit the remedies of the town for violations of the terms of this section but shall be construed to supplement any existing remedies available to the town. (`99 Code, § 6-80) (Ord. 361, passed 12-2-63) Penalty, see § 92.99
§ 92.99 PENALTY.
Any person, firm or corporation violating any of the terms of this chapter shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation; and thereafter shall be subject to a fine of $100 for the violation. (`99 Code, §§ 6-79, 6-87) (Ord. 655, passed 12-6-99)
CHAPTER 93: NUISANCES
Section
93.01 Definition 93.02 Conditions constituting nuisance 93.03 Notice to abate 93.04 Contents of notice 93.05 Service of notice 93.06 Abatement by town 93.07 Recovery of town’s costs 93.08 Provisions supplemental to other ordinances
93.99 Penalty
§ 93.01 DEFINITION.
For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. The doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others; or
(2) Offends decency; or
(3) Is offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highways sidewalk, parking area, stream, ditch, or drainage way; or
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others. (`99 Code, § 6-65) (Ord. 553, passed 3-5-90)
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§ 93.02 CONDITIONS CONSTITUTING NUISANCE.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of the following items, conditions or actions are declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(A) Noxious weeds and other rank vegetation;
(B) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things;
(C) Any condition which provides harborage for rats, mice, snakes and other vermin;
(D) Any building or other structure which is in such dilapidated condition that it is unfit for human habitation, kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located;
(E) All unnecessary or unauthorized noises and annoying vibrations, include noises;
(F) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches;
(G) The carcasses of animals or fowl not disposed of within a reasonable time after death;
(H) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial waste or other substances;
(I) Any building, structure or other place or location, where any activity which is in violation of local, state or federal law is conducted, performed or maintained;
(J) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
(K) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;
(L) The unauthorized obstruction of any public street, road or sidewalk;
Whenever a nuisance is found to exist within the town or within the town’s extraterritorial jurisdiction, the Street Commissioner, Town Engineer, Town Marshal and/or Building Inspector, may give written notice to the owner or occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance. (`99 Code, § 6-68) (Ord. 553, passed 3-5-90)
§ 93.04 CONTENTS OF NOTICE.
The notice to abate a nuisance issued under the provisions of this chapter shall contain:
(A) A notice to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances;
(B) The location of the nuisance, if the same is stationary;
(C) A description of what constitutes the nuisance;
(D) A statement of acts necessary to abate the nuisance;
(E) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the town may abate such nuisance and assess the costs thereof against such person. (`99 Code, § 6-69) (Ord. 553, passed 3-5-90)
§ 93.05 SERVICE OF NOTICE.
The notice to abate a nuisance shall be served as authorized by law. (`99 Code, § 6-70) (Ord. 553, passed 3-5-90)
§ 93.06 ABATEMENT BY TOWN.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, a duly designated officer or employee of the town may proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. If it is necessary for the town to contract for services to abate the nuisance, the town may proceed to abate such nuisance under a contract provision. (`99 Code, § 6-71) (Ord. 553, passed 3-5-90)
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§ 93.07 RECOVERY OF TOWN’S COSTS.
(A) Any and all costs incurred by the town in abatement of a nuisance under the provisions of this chapter shall constitute a lien against the property upon which such nuisance existed and shall be certified by the Clerk-Treasurer to the County Auditor who shall cause such cost to be placed on the tax duplicate of the owner of such property and such costs shall then be collected from the owner as other taxes are collected.
(B) In addition, such costs shall be debt which may be collected by the town in an appropriate civil action. (`99 Code, § 6-72) (Ord. 553, passed 3-5-90)
§ 93.08 PROVISIONS SUPPLEMENTAL TO OTHER ORDINANCES.
The provisions of this chapter are declared to be supplemental to all other ordinances of the town. (`99 Code, § 6-73) (Ord. 553, passed 3-5-90) § 93.99 PENALTY.
Any person who causes, permits, maintains or allows the creation or maintenance of a nuisance shall be punished by a fine not to exceed $2,500. Every day any violation of this code or any such ordinance occurs or continues shall constitute a separate offense. The fine provided for in this section shall be the maximum fine which shall be imposed in those cases where other provisions provide for a minimum fine but does not provide for a maximum fine. (`99 Code, § 6-67) (Ord. 553, passed 3-5-90)
CHAPTER 94: PARKS AND RECREATION
Section
General Provisions
94.01 Authority to operate parks and recreational facilities 94.02 Department of Parks and Recreation
Park Regulations
94.15 Hours of operation 94.16 Group regulations 94.17 Firearms, firecrackers, and fireworks prohibited 94.18 Vehicle and bicycle restrictions 94.19 Rules governing tennis courts and other recreational areas 94.20 Sand and vegetation regulations 94.21 Storage prohibited 94.22 Disposal of refuse; glass containers prohibited
Lake Shore Regulations
94.35 Definition 94.36 Water regulations 94.37 Erection of buoys and markers 94.38 Enforcement by Town Marshal 94.39 No conflict with state or federal law
94.99 Penalty Statutory reference: Recreation facilities and programs, see I.C. 36-10-2-2 Cross-reference: Dogs prohibited on beaches, see § 91.04 17 18 Ogden Dunes - General Regulations
GENERAL PROVISIONS
§ 94.01 AUTHORITY TO OPERATE PARKS AND RECREATIONAL FACILITIES.
The town may establish, aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs. (`99 Code, § 5-1)
§ 94.02 DEPARTMENT OF PARKS AND RECREATION.
(A) Department created. There is created a single department of parks and recreation for the town pursuant to statutory authority to be known as the “Ogden Dunes Parks and Recreation Department.” (`99 Code, §§ 2-100, 5-6)
(B) Parks and Recreation Board created. The department shall be governed by a Parks and Recreation Board, which shall be known as the “Ogden Dunes Parks and Recreation Board,” which shall consist of four members to be appointed by the President of the Town Council with the advice and consent of the Town Council. No more than two of such appointees shall be of the same political party. In addition, there shall be appointed one ex-officio member to the Board to be selected from the directors of the Ogden Dunes Homeowners Association; said appointee to be selected by the Board of Directors of the Ogden Dunes Homeowners Association and his or her term of office shall be coextensive with the term of his or her office as Director of the Ogden Dunes Homeowners Association. This ex-officio membership to the Parks and Recreation Board shall continue only so long as the Ogden Dunes Homeowners Association shall exist. The ex-officio member shall have all the rights and duties as the other members of the Board except that he or she shall have no vote. (`99 Code, §§ 2-101, 5-7)
(C) Terms of office. The terms of the members initially appointed under this chapter shall be one, two, three, and four years; that thereafter, as a term expires, each new appointment shall be for a four-year term. All terms shall expire on the first Monday in January, but an appointee shall continue in office until his successor is appointed. Term of an ex-officio member shall be coextensive with the term of his office in the Ogden Dunes Homeowners Association, unless the body which selects him or her shall at its first regular meeting of a year appoint another to serve as its representative. (`99 Code, §§ 2-101, 5-8)
(D) Powers and duties. The Park Board as addressed in this section shall be responsible for administering programs under the Park and Recreation Law, I.C. 36-10-3-1, et seq. The Parks and Recreation Board shall have the following powers, duties and responsibilities:
(1) Perform all acts necessary to acquire and develop sites and facilities; Parks and Recreation 19
(2) Accept as gifts, land or equipment, and may agree to such terms and conditions that the donor may impose and the Board may bind the municipality and carry them out pursuant to authority of I.C. 36-10-3-1, et seq.
(3) Conduct such programs as are generally understood to be Park Board functions;
(4) Provide for and maintain park and recreational areas;
(5) Beautify and enhance the usability and appearance of all Park Board property;
(6) Develop and update on an annual basis, a Five Year Plan. Such plan is to be used to request/receive various grants to facilitate accomplishing the responsibilities as defined for the benefit of the citizens of the town as the Board determines. (`99 Code, §§ 2-101, 5-2, 5-9)
(E) Compensation. The Board members shall not be compensated for their services but the Town Council may reimburse members for actual expenses incurred in attending meetings dealing with park and recreation problems, provided that the attendance at such meetings was authorized by the majority vote of the Park Board and further provided that all such expenses of all Board members shall not exceed the sum of $500 per annum, which sum shall be appropriated by the Town Council at its next budget meeting for such purposes. (`99 Code, §§ 2-101, 5-10) (Ord. 409, passed 8-3-70)
PARK REGULATIONS
§ 94.15 HOURS OF OPERATION.
No person shall be on the beaches and park property of the town between the hours of 12:00 midnight and 5:00 a.m., except upon authorization, in writing, of the Town Marshal. (`99 Code, § 5-17) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.16 GROUP REGULATIONS.
No group or assemblage of 20 or more persons may use the beaches or parks of the town except upon authorization, in writing, of the Town Marshal. (`99 Code, § 5-18) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
20 Ogden Dunes - General Regulations
§ 94.17 FIREARMS, FIRECRACKERS AND FIREWORKS PROHIBITED.
No person shall use or possess any firearm, firecrackers, fireworks, or explosive device of any sort at any time on the beaches and park property of the town except upon authorization, in writing, by the Town Marshal. (`99 Code, § 5-15) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.18 VEHICLE AND BICYCLE RESTRICTIONS.
No person shall operate any vehicle, bicycle, or wheeled motorized equipment on the beaches and park property of the town except in designated parking areas and except as authorized for purposes of maintenance or emergency. (`99 Code, § 5-16) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.19 RULES GOVERNING TENNIS COURTS AND OTHER RECREATIONAL AREAS.
No person shall violate the posted rules and regulations of the Park Board governing the use of the tennis courts and other defined recreational areas within the town. (`99 Code, § 5-19) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.20 SAND AND VEGETATION REGULATIONS.
No person shall cut, destroy, or remove any vegetation, remove any sand, or destroy or cut into any dunes or build-up of sand on the beaches and park property of the town except as authorized by the Park Board for purposes of maintenance or for emergency purposes. (`99 Code, § 5-20) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.21 STORAGE PROHIBITED.
No person shall store or leave on the beach any motorized boat, boat carriers, or large sailboats. (`99 Code, § 5-21) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.22 DISPOSAL OF REFUSE; GLASS CONTAINERS PROHIBITED.
No person shall leave any refuse or waste of any kind on the beach or park property, except in containers provided for that purpose. No person who is present upon the beach shall have in his or her possession any beverage container made of glass, regardless of whether the container is intended for alcoholic or non-alcoholic beverages. (`99 Code, § 5-22) (Ord. 540, passed 11-7-88) Penalty, see § 94.99 Parks and Recreation 21
LAKE SHORE REGULATIONS
§ 94.35 DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
WATERCRAFT. Any vessel or boat, whether motorized or a sail boat, hobie cat, jet skies, power sleds or other similarly powered devices. (`99 Code, § 5-30) (Ord. 554, passed 6-4-90)
§ 94.36 WATER REGULATIONS.
No person operating a watercraft and no water skier shall move at a speed above five miles per hour or create a wake within the area bounded by the shoreline of Lake Michigan and an imaginary line connecting the buoys placed offshore by the Park Board as further addressed in §§ 94.37, et seq. (`99 Code, § 5-31) (Ord. 497, passed 12-6-82) Penalty, see § 94.99
§ 94.37 ERECTION OF BUOYS AND MARKERS.
(A) Upon adoption and approval of this subchapter, the town may apply to the Department of Natural Resources for a rule for the safe operation of watercraft under I.C. 14-15-1-1 et seq.
(B) Upon adoption and approval of this subchapter, the town may apply to the Department of Natural Resources and U.S. Coast Guard for the placement of buoys for designation of a special use area marking the area where the lake depth reaches approximately to the six feet to eight feet mark with buoys and other appropriate signage and marking devices. (`99 Code, § 5-33) (Ord. 554, passed 6-4-90)
§ 94.38 ENFORCEMENT BY TOWN MARSHAL.
The provisions of this subchapter shall be enforced by the Town Marshal. (`99 Code, § 5-32) (Ord. 554, passed 6-4-90)
§ 94.39 NO CONFLICT WITH STATE OR FEDERAL LAW.
This subchapter shall not be construed so as to conflict with any state or federal statute or with any Indiana Department of Natural Resources or U.S. Coast Guard Order, Rule or Regulation. (`99 Code, § 5-35) (Ord. 554, passed 6-4-90) 22 Ogden Dunes - General Regulations
§ 94.99 PENALTY.
Any person who violates any provision of this chapter shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation and thereafter shall be subject to a fine of $100 for a violation. (`99 Code, § 5-34) (Ord. 655, passed 12-6-99)
CHAPTER 95: STREETS AND SIDEWALKS
Section
95.01 Street names 95.02 Tree removal permit fee Cross-reference: Burning on public ways prohibited, see § 92.03
§ 95.01 STREET NAMES.
The names of all streets and public ways in the town remain as shown upon the original plat of the town save and except only where a change therein is provided for in the following sections.
(A) Dogwood Lane, Sandcliffe Court, Grandin Road, Grandin Road East, and Aster Lane are discontinued.
(B) Hillcrest Road becomes Cedar Trail.
(C) Dogwood Lane at Cedar Trail become Hillcrest Road.
(D) Hillcrest Road becomes Ogden Road.
(E) Aster Lane becomes Bittersweet Court.
(F) Cedar Trail becomes Sunset Trail.
(G) Sandcliffe Court becomes Beach Lane.
(H) Dogwood Lane becomes Diana Court.
(I) Unnamed Street becomes Ogden Court.
(J) A cul-de-sac becomes Cedar Court. (`99 Code, § 8-62) (Ord. 112, passed 4-3-39)
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§ 95.02 TREE REMOVAL PERMIT FEE.
The permit fee for tree removal is set at $1 per tree with a maximum fee of $50. (`99 Code, § 4-50)
110.01 Authority to license 110.02 Application 110.03 Grant or denial of license; fees 110.04 Duration and inspections 110.05 License not transferable 110.06 License certificate to be displayed 110.07 Suspension of license for violation Statutory reference: Regulation of businesses, professions, and occupations, see I.C. 36-8-2-10 Cross-reference: Town Council approval required for franchises, see § 31.25
§ 110.01 AUTHORITY TO LICENSE.
The town has the authority to impose a license fee that is reasonably related to the administrative cost of exercising such regulating power. (`99 Code, § 4-1) Statutory reference: Authority to license, see I.C. 36-1-8
§ 110.02 APPLICATION.
All applications for a permit or license under this chapter shall be made available by the Clerk-Treasurer, unless otherwise specified. (`99 Code, § 4-2)
§ 110.03 GRANT OR DENIAL OF LICENSE; FEES.
(A) After examination, the Clerk-Treasurer shall grant such permit or license, unless good cause is shown why the permit or license should not be granted.
(B) Any denials may be petitioned to the Town Council at their next regularly scheduled meeting. (`99 Code, § 4-3)
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(C) The Clerk-Treasurer shall issue licenses upon payment of the license fees and compliance with the applicable provisions of this code. (`99 Code, § 4-5(a))
§ 110.04 DURATION AND INSPECTIONS.
(A) All licenses issued under this chapter, unless specified otherwise on the license, shall be issued for the duration of the calendar year for which they were issued, and shall expire on December 31.
(B) Every person who is issued a license under the provisions of this chapter shall display the license on the premises where the licensed activity is being conducted, or if there are no premises shall carry the license, while engaged in the activity for which he or she has been licensed, and shall exhibit it to any town official or citizen upon request.
(C) The Town Marshal may inspect all places of business under license or required to have a license. (`99 Code, § 4-4) Penalty, see § 10.99
§ 110.05 LICENSE NOT TRANSFERABLE.
Every license shall be issued to a real party in interest in the enterprise or business, and unless otherwise provided, no license shall be assigned or transferred. (`99 Code, § 4-6)
§ 110.06 LICENSE CERTIFICATE TO BE DISPLAYED.
Every licensee carrying on business at a fixed location shall keep posted in a prominent place upon the licensed premises, the license certificate. Other licensees shall carry their license certificates at all times and whenever requested by any officer or citizen, shall exhibit the license as further addressed in § 110.04. (`99 Code, § 4-7) Penalty, see § 10.99
§ 110.07 SUSPENSION OF LICENSE FOR VIOLATION.
Licenses issued by the town may be revoked or suspended if the person holding the license has violated the terms or conditions of the license or the law under which it was issued, or has conducted the business in such a manner as to constitute a threat to public health, safety, or general welfare of the town citizens. (`99 Code, § 4-5(b)) Penalty, see § 10.99 CHAPTER 111: PEDDLERS
Section
111.01 License required 111.02 License duration 111.03 License fees 111.04 Conditions for issuance of license 111.05 Display of license required 111.06 Exceptions 111.07 Notice Regulating Soliciting
111.99 Penalty Statutory reference: Regulation of transient merchants, see I.C. 25-37-1-1 through 25-37-1-15
§ 111.01 LICENSE REQUIRED.
(A) It shall be unlawful for any hawker or peddler or other itinerant dealer (by wholesale or retail) in goods, wares and services or merchandise to offer the same for sale or to distribute, or cause to be distributed, in any vehicle or otherwise in the town, or go from house to house in the town or to distribute, or cause to be distributed, and offer for sale any such goods, wares, services or merchandise to persons not dealers in such commodities, for either present or future delivery, without having first obtained a license for that purpose as in this chapter provided.
(B) It shall be unlawful for any hawker or other person to offer for sale on any street or public place within the town, of to distribute or cause to be distributed, any goods, wares, services or merchandise, or by attracting persons to purchase any goods, wares, services or merchandise by placards or signs or otherwise, without having first obtained a license for that purpose as in this chapter provided. (`99 Code, § 4-30) (Ord. 362, passed 12-2-63) Penalty, see § 111.99
§ 111.02 LICENSE DURATION.
No license shall be issued under this chapter for less than one day, nor for a longer period than one year, and all licenses shall be signed by the President of the Town Council and countersigned by the Clerk-Treasurer. (`99 Code, § 4-31) Penalty, see § 111.99
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§ 111.03 LICENSE FEES.
The amount to be paid for a license under this chapter shall be $40 for one day; $60 for one month; $90 for six months; and $150 for one year. (`99 Code, § 4-32) (Ord. 611, passed 12-8-94)
§ 111.04 CONDITIONS FOR ISSUANCE OF LICENSE.
(A) It shall be the duty of the Clerk-Treasurer to make out all licenses granted to peddlers, hawkers, and itinerant dealers under this chapter, and the President of the Town Council shall properly sign the same, upon the Clerk-Treasurer receiving from the applicant the proper fee for such license.
(B) Not less than ten days prior to the issuance of any license by the Clerk-Treasurer, as provided above, an applicant for a license, as a condition to the issuance of such license, shall furnish to the Clerk-Treasurer, a facial photograph of the applicant and any other identification material requested by the Clerk-Treasurer. The applicant shall at the time of making application, further indicate in writing to the Clerk-Treasurer the type of goods, wares, services and merchandise he or she desires to sell or distribute in the town, where the goods, wares or merchandise are to be shipped from, and the method of payment requested of the persons purchasing same. (`99 Code, § 4-33) (Ord. 362, passed 12-2-63)
§ 111.05 DISPLAY OF LICENSE REQUIRED.
It shall be unlawful for any peddler, hawker, or other person to refuse to show his or her license when requested to do so by any person to whom he or she shall offer to sell any goods, wares, services or merchandise, or to the Marshal, or any police officer of the town, when so requested by them. (`99 Code, § 4-34) (Ord. 362, passed 12-2-63) Penalty, see § 111.99
§ 111.06 EXCEPTIONS.
Nothing in this chapter shall be so construed as to apply to residents of the town who sell, offer for sale, distribute or cause to be distributed any article or thing raised, grown, or made by such resident, nor shall this chapter be so construed as to apply to the sale or distribution of newspapers, nor to bona fide residents of the town when soliciting for local non-profit organizations and all charitable and religious organizations. (`99 Code, § 4-36) (Ord. 362, passed 12-2-63)
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§ 111.07 NOTICE REGULATING SOLICITING.
(A) Notice of the refusal of invitation to solicitors to any residence shall be exhibited upon or near the main entrance to the residence, indicating the determination by the occupant, containing the applicable words as follows: “NO SOLICITORS INVITED”.
(B) The letters shall be at least 1/3 inch in height.
(C) The card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence.
§ 111.99 PENALTY.
Any person convicted of violating any of the provisions of this chapter shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation, and thereafter shall be subject to a fine of $100 for the violation. (`99 Code, § 4-35) (Ord. 655, passed 12-6-99)
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TITLE XIII: GENERAL OFFENSES
Chapter
130. GENERAL OFFENSES 1 2 Ogden Dunes - General Offenses CHAPTER 130: GENERAL OFFENSES
Section
130.01 Authority to regulate offenses 130.02 State law applicable 130.03 Interfering with town official 130.04 Discharging firearms
130.99 Penalty Statutory reference: General powers concerning public safety, see I.C. 36-8-2
§ 130.01 AUTHORITY TO REGULATE OFFENSES.
(A) The town may regulate the conduct, use, or possession of property which might endanger the public health, safety, or welfare of its citizens.
(B) The town may establish, maintain, and operate a police and law enforcement system to preserve public peace and order and may provide facilities and equipment for that system.
(C) The town may regulate the introduction of any substance or odor into the air, or any generation of sound.
(D) The town may regulate public gatherings such as shows, demonstrations, fairs, conventions, sporting events, and exhibitions. (`99 Code, § 6-4)
§ 130.02 STATE LAW APPLICABLE.
All offenses against public health, order, or decency not addressed by this code shall be governed by applicable state statute. (`99 Code, § 6-7)
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§ 130.03 INTERFERING WITH TOWN OFFICIAL.
(A) It shall be unlawful for any person or persons to knowingly or intentionally interfere, or attempt to impede or interfere with any town official or employee in the performance of their official duties.
(B) It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only. (`99 Code, § 6-8) Penalty, see § 130.99
§ 130.04 DISCHARGING FIREARMS.
It shall be unlawful for any person, firm or corporation to discharge any rifle, BB gun, air or gas powered pellet gun, or other solid pellet firearm, or any projectile missile, within the limits of the town; provided that this section shall not be construed to prohibit any officer of the law, member of the armed forces of the United States or National Guard, to discharge a firearm in the performance of his or her duty, nor to any person to discharge a firearm when lawfully defending his or her person or property. (`99 Code, § 6-95) (Ord. 358, passed 12-2-63; Am. Ord. 676, passed 5-6-02) Penalty, see § 130.99
§ 130.99 PENALTY.
(A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99.
(B) Upon the second, or subsequent, violation of the provisions of § 130.04, the parent, guardian or other person having the legal custody and control of such minor person who is found to be in violation of the terms of § 130.04 shall, upon conviction, be fined in any sum not to exceed $10 for each such offense. (`99 Code, § 6-64b)
(C) Any person, firm, or corporation violating any of the provisions of § 130.05 shall be subject to a minimum fine of $25 if paid to the Clerk-Treasurer within five days of the violation; and thereafter shall be subject to a fine of $100 for such violation. (`99 Code, § 6-96) (Ord. 385, passed 12-5-66; Am. Ord. 655, passed 12-6-99)
ORDINANCE NO. 683 OF THE TOWN OF OGDEN DUNES, INDIANA
AN ORDINANCE ENACTING A NEW CODE OF ORDINANCES FOR THE TOWN OF OGDEN DUNES, INDIANA REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN OF ODGEN DUNES DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY
WHEREAS, the present general and permanent ordinances of the Town of Ogden Dunes are in need of recodification and in need of being adequately arranged and classified and updated so they are continuously in sufficient form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
WHEREAS, the Acts of the Indiana General Assembly mandate codification and therefore empower and authorize the political subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS, the Town Council of the Town of Ogden Dunes has authorized a general compilation, revision and codification of the ordinances of the Town of Ogden Dunes of a general and permanent nature and publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the town and for the immediate preservation of the public peace, health, safety and general welfare of the town that this ordinance take effect at an early date.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF OGDEN DUNES, A POLITICAL SUBDIVISION OF THE STATE OF INDIANA, LOCATED IN THE COUNTY OF PORTER:
SECTION 1. The general ordinances of the town of Ogden Dunes as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the Town of Ogden Dunes, Indiana.”
SECTION 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
Chapter TITLE: GENERAL PROVISIONS
10. General Provisions
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TITLE III: ADMINISTRATION
30. Town Officials Appendix: Organizational Chart 31. Town Council Appendix: Form of Ordinance Amending Code 32. Departments, Boards and Commissions 33. Finance Appendix: Form for Offer or Proposal 34. Personnel Policies 35. Ordinance Violations Bureau
TITLE V: PUBLIC WORKS
50. General Provisions Regarding Utilities 51. Garbage 52. Water
90. Abandoned Vehicles 91. Animals 92. Fire Prevention 93. Nuisances 94. Parks and Recreation 95. Streets and Sidewalks 2004 S-1 Adopting Ordinance 3
TITLE XI: BUSINESS REGULATIONS
110. Licenses 111. Peddlers
TITLE XV: LAND USAGE
150. Comprehensive Plan Appendix: Zoning and Land Use Map 151. Unsafe Buildings 152. Zoning, Building and Subdivision Control Appendix A: Figure A Catch Basin and Drainage Field Appendix B: Proposed Specifications for Soil Analysis Appendix C: Subdivision Regulation Procedures and Forms
SECTION 3.All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.
SECTION 4. Such Code shall be deemed published as of the day of its adoption and approval by the Town Council and the Clerk-Treasurer of the Town of Ogden Dunes is hereby ordered to maintain two copies of the Code of Ordinances in the Office of the Clerk-Treasurer to be available for public inspection at all times that the offices are open to the public consistent with I.C. 36-1-5-4.
SECTION 5. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties, and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.
SECTION 6. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
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PASSED AND ADOPTED by a majority vote of the Town Council of the Town of Ogden Dunes on this day of , 2003.