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ORDINANCE NO. 2015-9
SHORT TITLE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF DECATUR, INDIANA WHICH ENACTS A CODE OF ORDINANCES FOR THE CITY OF DECATUR, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING OR NEW GENERAL ORDINANCES OF THE CITY OF DECATUR, INDIANA DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND WHICH DECLARES AN EMERGENCY REGARDING ITS EFFECTIVE DATE.
WHEREAS, the City of Decatur, Indiana last codified its Code of Ordinances in 2007; and
WHEREAS, the present general and permanent ordinances of the City of Decatur, 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 City of Decatur, Indiana, and for the proper conduct of its affairs; and
WHEREAS, the Acts of the Legislature of the State of Indiana empower and authorize the Common Council of the City of Decatur, 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 Common Council of the City of Decatur, Indiana, as the legislative body of such municipality, has authorized a general compilation, revision, and codification of the ordinances of the City of Decatur, Indiana, of a general and permanent nature and publication of such ordinance to book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the City of Decatur, Indiana, and for the immediate preservation of the public peace, health, safety and general welfare of the City of Decatur, Indiana, that this ordinance take effect at an early date;
NOW THEREFOR, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DECATUR, INDIANA, AS FOLLOWS:
Section 1. Purpose. The purpose of this Ordinance is to revise, amend, restate, codify and compile all ordinances of the City of Decatur, Indiana, whether existing or new, and to incorporate such ordinances into one ordinance in book form.
Section 2. Adoption. The general ordinances of the City of Decatur, Indiana, as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Decatur Code of Ordinances of 2015".
Section 3. Titles. Such Decatur Code of Ordinances of 2015 as adopted in Section 1 shall consist of the Titles shown in Exhibit “A” attached hereto, made a part hereof and incorporated herein by reference.
Section 4. Effect of Adoption. All prior ordinances pertaining to the subjects treated in such Decatur Code of Ordinances of 2015 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 issuances 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 5. Publication. Such Code shall be deemed published as of the day of its adoption and approval by the Common Council and the Clerk-Treasurer of the City of Decatur, Indiana, is hereby authorized and ordered to file a copy of such Decatur Code of Ordinances of 2015 in the Office of the Clerk-Treasurer.
Section 6. Full Force and Effect. Such Code shall be in full force and effect as provided in Section 7, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations, thereto 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 7. Emergency Declaration and Effective Date. 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 the City of Decatur, Indiana, and shall take effect immediately upon adoption by the Common Council of the City of Decatur, Indiana, and approval by the Mayor.
ALL OF WHICH IS DULY PASSED, ADOPTED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DECATUR, INDIANA, THIS 7th DAY OF JULY , 2015.
COMMON COUNCIL OF THE CITY OF DECATUR, INDIANA
Cameron D. Collier /s/
Cameron D. Collier
William L. Crone /s/
William L. Crone
Tyler P. Fullenkamp /s/
Tyler P. Fullenkamp
Kenneth L. Meyer /s/
Kenneth L. Meyer
Matthew J. Dyer /s/
Matthew J. Dyer
John L. Schultz /s/
John L. Schultz, Mayor and Presiding Officer
ATTEST: Phyllis J. Whitright /s/
Phyllis J. Whitright, City Clerk-Treasurer
Presented to me, John L. Schultz, Mayor of Decatur, Indiana, and approved this 7th day of July , 2015.
John L. Schultz /s/
John L. Schultz, Mayor
Attest: Phyllis J. Whitright /s/
Phyllis J. Whitright, City Clerk-Treasurer
CODE OF ORDINANCES
TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
10. Rules of Construction; General Penalty
11. City Boundaries
TITLE III: ADMINISTRATION
30. General Provisions
31. Legislative Authority
32. City Organizations
33. City Funds; Financial Regulations
TITLE V: PUBLIC WORKS
50. Construction of Public Works Facilities and Improvements
51. Sanitation Service and Regulations
52. Storm Water Regulations
55. Koos Ditch Trunk Sanitary Sewer
TITLE VII: TRAFFIC CODE
70. General Provisions
71. Traffic Regulations
72. Toy Vehicles
73. School Property
75. Parking Rules
76. Parking Meters
77. Traffic Schedules
78. Parking Schedules
TITLE IX: GENERAL REGULATIONS
91. Fire Prevention; Fireworks
93. Streets and Sidewalks; Drainage Structures
95. Assemblies; Parking Facilities
96. Trees, Shrubs and Vegetation
97. Fair Housing
TITLE XI: BUSINESS REGULATIONS
111. Sexually Oriented Businesses
TITLE XIII: GENERAL OFFENSES
130. Miscellaneous Offenses
TITLE XV: LAND USAGE
151. Building Code; Standards
152. House Numbering
153. Improvement Location Permits
154. Subdivision Control
155. Flood Hazard Areas
TABLE OF SPECIAL ORDINANCES
I. Zoning Changes
References to Indiana Code
References to Indiana Administrative Code
References to Prior Code
References to Ordinances