ADOPTING ORDINANCE

ORDINANCE NO. 2011-22

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

   WHEREAS, the present general and permanent ordinances of Town of Bargersville 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 Town and for the proper conduct of its affairs; and

   WHEREAS, the Acts of the General Assembly of the State of Indiana empower and authorize the political subdivisions of the State 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 Bargersville has authorized a general compilation, revision and codification of the ordinances of the Town 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 BARGERSVILLE, INDIANA

   Section 1. The general ordinances of the Town of Bargersville 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 Bargersville, Indiana”.

   Section 2. Such Code of Ordinances as adopted in Section 1 of this Ordinance shall consist of the following Titles and Chapters:

   Title I: General Provisions
      Chapter 10. General Code of Construction; General Penalty

   Title III: Administration
      Chapter 30. General Provisions
      Chapter 31. Town Organizations
      Chapter 32. Officials and Employees
      Chapter 33. Fees, Tax and Finance

   Title V: Public Works
      Chapter 50. General Provisions
      Chapter 51. Garbage, Trash and Rubbish
      Chapter 52. General Water Provisions
      Chapter 53. Sewage System
      Chapter 54. Electric Utility
      Chapter 55. Storm Water Management

   Title VII: Traffic Code
      Chapter 70. Traffic Regulations
      Chapter 71. Golf Carts
      Chapter 72. Parking Regulations
      Chapter 73. Traffic Schedules
      Chapter 74. Parking Schedules

   Title IX: General Regulations
      Chapter 90. Public Nuisances
      Chapter 91. Fair Housing
      Chapter 92. Streets and Sidewalks
      Chapter 93. Parks and Recreation

   Title XI: Business Regulations
      Chapter 110. Flea Markets

   Title XIII: General Offenses
      Chapter 130. Minors, Curfew

   Title XV: Land Usage
      Chapter 150. General Provisions
      Chapter 151. Building Code
      Chapter 152. Property Addressing
      Chapter 153. Flood Hazard Areas
      Chapter 154. Subdivision Code
      Chapter 155. Zoning Code

   Table of Special Ordinances

   Parallel References

   Index

   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. This Code of Ordinances shall be deemed published as of the day of its adoption and approval by the Town Council, and the Clerk-Treasurer of the Town is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.

   Section 5. This Code of Ordinances shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and place of the ordinance and all provisions, section, 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.

   ADOPTED by the Town Council of the Town of Bargersville, Indiana, this 15th day of November, 2011.

   TOWN COUNCIL OF THE TOWN OF BARGERSVILLE, INDIANA

Rowana Umbarger /s/
Rowana Umbarger, President

Jim Beck /s/          Jimmy Inabnitt /s/
Jim Beck, Vice President      Jimmy Inabnitt, Member

Cindy Jarvis /s/          Steve Welch /s/
Cindy Jarvis, Member         Steve Welch, Member

ATTEST:

Donna Shucus /s/
Clerk-Treasurer Chief Deputy