ADOPTING ORDINANCES
ORDINANCE #2011- 02
ORDINANCE AMENDING, REVISING, COMPILING, CODIFYING, ADOPTING AND ENACTING THE EXISTING ORDINANCES OF BARTHOLOMEW COUNTY, INDIANA AND OFFICIALLY ADOPTING THE BARTHOLOMEW COUNTY CODE
   WHEREAS, Indiana Code 36-1-5-3 requires the legislative body of counties to codify its ordinances into a complete and simplified code;
   WHEREAS, the Bartholomew County Commissioners most recently codified its ordinances in 1994;and
   WHEREAS, there have been a number of amendments, revisions, deletions from and additions to the County's ordinance since that time; and
   WHEREAS, the Bartholomew County Commissioners believe it to be appropriate to update its existing County Code; and
   WHEREAS, Bartholomew County has reviewed its existing Code and Ordinances and has identified those which should be part of the recodified Bartholomew County Code; and
   WHEREAS, the Bartholomew County Commissioners believe that this codification and adoption of the Bartholomew County Code is in the best interest of Bartholomew County.
   NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF BARTHOLOMEW COUNTY, INDIANA AS FOLLOWS:
   SECTION I:   The ordinances of Bartholomew County, Indiana, as amended, revised, restated, compiled and codified are hereby adopted and shall be known as the “Bartholomew County Code.”
   SECTION II.   The "Bartholomew County Code" as adopted herein shall consists of the following titles and chapters:
TITLE PAGE
TABLE OF CONTENTS PAGE
CERTIFICATION PAGE
PUBLIC OFFICIALS PAGE
TITLE I - GENERAL PROVISIONS
TITLE II - ADMINISTRATION
TITLE III - PUBLIC WORKS
TITLE IV - TRAFFIC CODE
TITLE V - GENERAL REGULATIONS
TITLE VI - BUSINESS REGULATIONS
TITLE VII - GENERAL OFFENSES
TITLE VIII-LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
INDEX
      SECTION III.   All prior ordinances pertaining to the subjects treated in this code of ordinances shall be deemed repealed from and after the effective date of this Ordinance except as the same are included, readopted and codified or recodified in whole or in part in such code; provided however, that such repeal shall not effect any offense committed or penalty incurred or any right or duty established prior to the effective date of this ordinance, nor shall such repeal effect the provisions of ordinances levying taxes, assessing fines or fees, appropriating money, annexing or de-annexing territory, establishing franchises, or granting of special rights to certain persons, authorizing public improvements, authorizing issuance of bonds or the 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 IV.   Any and all additions or amendments to such code, when passed in such form as to indicate the intention of the Board of County Commissioners to make the same a part thereof, shall be deemed to be incorporated in such code, such that reference to the Bartholomew County Code shall be understood and intended to include such subsequent additions and amendments.
      SECTION V.   Two copies of the Bartholomew County Code shall be kept on file in the office of the County Auditor, or the Auditor's designee, to insert in their designated places all amendments or new ordinances which indicate the intention of the Bartholomew County Commissioners to make the same a part of such code and to extract from such code all provisions which may be from time to time repealed by the Board of County Commissioners. A copy of such code shall be available to all persons desiring to examine the same and shall be considered the official code of Bartholomew County, Indiana.
      SECTION VI.   It is hereby declared to be the intention of the Board of County Commissioners that the sections, paragraphs, sentences, clauses, and phrases of such code are severable and if any phrase, clause, sentence, paragraph, section, article, division or chapter of such code shall be declared
unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections, articles, divisions or chapters of such code.
      SECTION VII.   Whenever in this ordinance or in such code an act is prohibited or is made or declared to be unlawful or an offense, or whenever in this ordinance or in such code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this ordinance or of such code shall be punishable by a fine not exceeding $2,500.00. The fine assessed for the violation of any ordinance requiring a license may be the sum equal to the amount required by the ordinance to be paid for such license, unless otherwise provided. Minimum fines for traffic violations shall be $25.00 or as further addressed in the code, and the minimum fines for load limit violations on county roads and bridges shall be $100.00 for as further addressed in the code.
      SECTION VIII.   In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of such code shall be deemed a public nuisance and may be by the County abated as provided by law, and each day such condition shall continue shall be regarded as a new and separate offense.
      SECTION IX.   All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
      SECTION X.   This ordinance shall be in full force and affect from and after it's passage and approval as provided by law.
      PASSED ON FIRST READING THIS 31st DAY OF May, 2011.
                                 BOARD OF COMMISSIONERS OF
                                 BARTHOLOMEW COUNTY, INDIANA
                                 Carl H. Leinhoop /s/                             
                                 Carl H. Leinhoop, Chairman
                                 Larry S. Kleinhenz /s/                           
                                 Larry S. Kleinhenz, Member
                                 Paul Franke /s/                                     
                                 Paul Franke, Member
ATTEST:
By:   Barbara Hackman /s/                   
   Barbara Hackman, Auditor of
   Bartholomew County, Indiana
      PASSED ON SECOND  READING AND ADOPTED THIS 13th  DAY OF June, 2011.
                                 BOARD OF COMMISSIONERS OF
                                 BARTHOLOMEW COUNTY, INDIANA
                                 Carl H. Leinhoop /s/                             
                                 Carl H. Leinhoop, Chairman
                                 Larry S. Kleinhenz /s/                           
                                 Larry S. Kleinhenz, Member
                                 Paul Franke /s/                                     
                                 Paul Franke, Member
ATTEST:
By:   Barbara Hackman /s/                   
   Barbara Hackman, Auditor of
   Bartholomew County, Indiana