ADOPTING ORDINANCE

ORDINANCE NO. 504

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

   WHEREAS, the present general and permanent ordinances of the City of Berne are inadequately arranged and classified and are insufficient in form and substances 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 Common Council of the City of Berne has authorized a new general compilation, revision and codification of the ordinances of the City of Berne 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 COMMON COUNCIL OF THE CITY OF BERNE, INDIANA:

Section 1.   The general ordinances of the City of Berne as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of Berne, Indiana."

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

      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
      Table of Special Ordinances

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   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall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 an 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 Common Council of the City of Berne and the approval of the Mayor. Pursuant to I.C. 36-1-5-4, the Clerk-Treasurer of the City of Berne is hereby authorized and ordered to file two (2) copies for the purpose of public inspection of such Code of Ordinances in the Office of the Clerk-Treasurer at 158 W. Franklin Street, Berne, Indiana.

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 property 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 Common Council of the City of Berne on this 27th day of August, 2001.

                              Blaine Fulton /s/
                              Presiding Officer

ATTEST:

Gwen Maller /s/
Clerk-Treasurer

   Presented by me to the Mayor of the City of Berne, Indiana, this 27th day of August, 2001 at the hour of 9:00 o'clock P.M.

                              Blaine Fulton /s/
                              Presiding Officer

ATTEST:

Gwen Maller /s/
Clerk-Treasurer