ADOPTING ORDINANCE
ORDINANCE NO. 4979
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF ELKHART, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY
WHEREAS, the present general and permanent ordinances of the City of Elkhart, Indiana (the "City") 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 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 City 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 for the City has authorized a general compilation, revision and codification of the ordinances of the City 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 City and for the immediate preservation of the public peace, health, safety and general welfare of the City that this ordinance take effect at an early date.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF ELKHART, INDIANA, THAT:
Section 1. The general ordinances of the City 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 Elkhart, Indiana."
Section 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
TITLE I: GENERAL PROVISIONS
10. Rules of Construction; General Penalty
TITLE III: ADMINISTRATION
30. City Council
31. Departments
32. Public Employees
33. Municipal Funds
34. Reserved
35. Human Relations; Discriminatory Practices
36. Boards and Commissions
37. Affirmative Action Plan
38. Ordinance Violations Bureau
TITLE V: PUBLIC WORKS
50. Water and Water Supply
51. Sewers and Privies
TITLE VII: TRAFFIC CODE
70. General Provisions
71. Traffic Rules
72. Pedestrians
73. Bicycles; Skateboards; Animals
74. Trucks
75. Snow Routes
76. Parking; Parking Meters
77. Parking Schedules
78. Traffic Schedules
TITLE IX: GENERAL REGULATIONS
90. Animals
91. Aviation
92. Cemeteries
93. Fair Housing
94. Fire Prevention
95. Nuisances; Noise Control
96. Public Parks
97. Streets, Sidewalks and Alleys
98. Trees
99. Garbage, Rubbish, Ashes, Filth and Recyclables
100. Miscellaneous Regulations
101. Open Burning
102. Parades and Public Assemblies
TITLE XI: BUSINESS REGULATIONS
110. Advertising and Handbills
111. Amusements and Amusement Devices
112. Auctions and Auctioneers
113. Coin-Operated Businesses
114. Peddlers, Solicitors and Itinerant Merchants
115. Restaurants and Food Handlers; Milk
116. Taxicabs
117. Traveling Shows, Carnivals and Circuses
118. Ambulances
TITLE XIII: GENERAL OFFENSES
130. Persons and Property
131. Public Peace
132. Morals and Gambling
TITLE XV: LAND USAGE
150. Planning
151. Zoning Code
152. Subdivision Regulations
153. Building Code
154. Minimum Housing Requirements
155. Heating, Ventilation, Air Conditioning and Refrigeration
156. Plumbing Code
157. Electrical Code
158. Swimming Pool Regulations
159. Numbering of Houses and Out-Lot
TABLE OF SPECIAL ORDINANCES
I. Acquisition and Disposal of Real Property
II. Boundaries and Annexations
III. Change of Street Names
IV. Franchises
V. Zoning Map Changes
VI. Vacations
VII. Contracts and Agreements
PARALLEL REFERENCES
References to Indiana Code
References to 1979 Code
References to 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 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. Such Code shall be deemed published as of the day of its adoption and approval by the Common Council, and the City Clerk is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.
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, of the date of passage, 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.
ORDAINED this 21st day of August, 2006.
Brian A. Thomas /s/
Brian A. Thomas
President of the Common Council
ATTEST:
Sue M. Beadle /s/
Sue M. Beadle, City Clerk
PRESENTED to the Mayor by me this 22nd day of August, 2006.
Sue M. Beadle /s/
Sue M. Beadle, City Clerk
APPROVED by me this 22nd day of August, 2006.
David L. Miller /s/
David L. Miller, Mayor
ATTEST:
Sue M. Beadle /s/
Sue M. Beadle, City Clerk