ADOPTING ORDINANCES

ORDINANCE NUMBER 2008-02

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF ALBION, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.

WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately arranged and classified and are insufficient in 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 Legislature of the State of Indiana 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 Legislative Authority of the Political Subdivision has authorized a general compilation, revision and codification of the ordinances of the Political Subdivision 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 municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ALBION:

Section 1:   The general ordinances of the Political Subdivision as revised, amended, restated, codified and compiled in book form are hereby adopted as and shall constitute the “Town of Albion, Indiana Code of Ordinances.”

Section 2:   Such Code of Ordinances as adopted in Section 1 shall consist of the following: Title I: General Provisions; Title III: Administration; Title V: Public Works; Title VII: Traffic Code; Title IX: General Regulations; Title XI: Business Regulations; Title XIII: General Offenses; Title XV: Land Usage; and a Table of Special Ordinances and Parallel References.

Section 3:   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in the Code; provided, such repeal shall not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 the 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 Albion Town Council and the Clerk of the Town of Albion is hereby authorized and ordered to file a copy of such Code of Ordinances in the office of the Clerk.

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.

PASSED AND ADOPTED by the Town Council of the Town of Albion on this 15th day of January, 2008.

                         /s/     

                        James L. Stull, President

                         /s/

                        Christina K. Magnuson, Vice President

                         /s/

                        Mark R. Hunter, Member

                         /s/

                        Mitchell A. Fiandt, Member

                         /s/   

                        Stanley A. Strater, Sr., Member

Attest:

/s/

Carol A. Selby, Clerk Treasurer

Approved as to form:                                                          

Michael M. Yoder, Attorney