ADOPTING ORDINANCES
ORDINANCE NO. 1450-10-05
   AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF AVILLA, INDIANA, AND REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN OF AVILLA, INDIANA DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES.
   WHEREAS, the present general and permanent ordinances of the Town of Avilla, Indiana 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 Town of Avilla, Indiana 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 Avilla, Indiana has authorized a general compilation, revision and codification of the ordinances of the Town of Avilla of a general and permanent nature and publication of such ordinances in books form.
   NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVILLA, INDIANA:
   SECTION 1:  That the general ordinances of the Town of Avilla as revised, amended, restated, codified, and compiled in book form are hereby adopted and shall constitute the “Code of Ordinances of the Town of Avilla, Indiana”.
   SECTION 2:  Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
      Title I:    General Provisions
      Title II:   Reserved
      Title III:   Administration
      Title IV:   Reserved
      Title V:   Public Works
      Title VI:   Reserved
      Title VII:   Traffic Code
      Title VIII:   Reserved
      Title IX:   General Regulations
      Title X:   Reserved
      Title XI:   Business Regulations
      Title XII:   Reserved
      Title XIII:   General Offenses
      Title XIV:   Reserved
      Title XV:   Land Usage
      Table of Special Ordinances
      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   SECTION 3:  All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall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 pr personal property, granting or accepting easements, plats or dedications of land to public use, vacating or setting the boundaries or 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 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 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.
   PASSED AND ADOPTED by the Town Council of the Town of Avilla, Indiana on this 12th day of October, 2005.
                                                
   Paul Shepherd, President
                                                
Attest:   Ralph Stark
                                                                                          
Nancy Fischer, Clerk-Treasurer   Donald Papai