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(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
All ordinances passed by the Town Council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in anywise be effected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or provision shall by itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(A) If the Town Council shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 1960-10, passed 5-13-60; Am. Ord. 1970-15, passed 1-1-70; Am. Ord. 1980-20, passed 4-1-80; Am. Ord. 1985-25, passed 6-1-85)
(B) (1) If a IC cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: IC 36-5-2-2 (Ord. 1980-10, passed 1-17-80; Am. Ord. 1985-20, passed 1-1-85).
(2) If a IC cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.
Example:
§ 31.10 TOWN COUNCIL.
The legislative authority of the town shall be vested in and exercised by the Town Council.
(Ord. 1980-10, passed 1-1-80)
Statutory reference:
For general provisions concerning the Town Council, see IC 36-5-2-1 et seq.
(A) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(B) (1) The Town Clerk/Treasurer is hereby designated as the Town Violations Clerk for the purposes of this division (B).
(2) (a) The Violations Clerk may accept written appearances, waivers of trial, admissions of ordinance violations and payment of civil penalties for ordinance violations.
(b) Civil penalties paid to the Violations Clerk shall be receipted and accounted for by the Violations Clerk under procedures provided for by the State Board of Accounts.
(c) All money collected by the Violations Clerk as civil penalties for ordinance violations shall be accounted for and paid to the town, as provided by law.
(3) Any person who has been charged with violation of any ordinance of the town, which provides a penalty for such violation, may in lieu of being charged with such ordinance violation in a court, pay a civil penalty to the Violations Clerk in the amount set forth in the code for the specific violation, or if no specific amount is specified then the sum of $75 provided the party performs the following within ten days of the date of being accused, in writing, of an ordinance violation:
(a) Waives, in writing, the right to a trial;
(b) Enters, in writing, an admission of the violation of the ordinance as alleged; and
(c) Pays the Violations Clerk the amount set forth in the code for the specific violation, or if no specific amount is specified, then the sum of $75 as a civil penalty for the violation as admitted.
(4) If a person charged with a violation of any ordinance of the town wants to exercise the right to trial, the person shall appear before the Violations Clerk and enter a written denial of the violation with the Violations Clerk.
(5) (a) If a person denies in writing an ordinance violation, fails to satisfy a civil penalty assessed by the Violations Clerk after having entered an admission of violation, or fails to deny or admit the violation, the Violations Clerk shall report this fact to the official of the town having the responsibility to prosecute ordinance violation cases for the town.
(b) Proceedings in court against the person charged with such violation shall then be initiated for the alleged ordinance violation.
(Ord. 1991-3, passed 12-3-91; Am. Ord. 2012-5, passed 6-5-12)