ADOPTING ORDINANCE

TOWN OF FREMONT
ORDINANCE 2007-07

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF FREMONT 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 Town of Fremont 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;

   WHEREAS, the provisions of the Indiana Code empower and authorize the Town of Fremont 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;

   WHEREAS, the Town Council of the Town of Fremont has authorized a general compilation, revision and codification of the ordinances of the Town of Fremont 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 TOWN COUNCIL OF THE TOWN OF FREMONT, INDIANA, THAT:

   SECTION I

The general ordinances of the Town of Fremont as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the Town of Fremont."

   SECTION II

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

   SECTION III

All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall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 of 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

Such Code shall be deemed published as of the day of its adoption and approval by the Town Council and the Clerk-Treasurer of the Town of Fremont is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.

   SECTION V

Such Code shall be in full force and effect as provided in Section 8, 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 properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

   SECTION VI

No part of this Ordinance shall be interpreted to conflict with federal, state or local laws, and all reasonable efforts should be made to harmonize same. Should any section or part thereof of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any portion of this Ordinance are hereby declared to be severable.

   SECTION VII

The express or implied repeal or amendment by this Ordinance or any other Ordinance or part of any other Ordinance does not affect any rights or liabilities accrued, penalties incurred, or procedures begun prior to the effective date of this Ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended Ordinance as if this Ordinance had not been adopted.

   SECTION VIII

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.

   SECTION IX

Unless otherwise set forth herein, this Ordinance shall become effective upon promulgation according to law.

Ayes:                                 

Nays:                                  

Abstentions:                         

Adopted and Ordained this 19th day of June, 2007.

   TOWN COUNCIL OF THE TOWN OF FREMONT, INDIANA

   Loretta S. Smart /s/

   President

   Charles Steven Brown /s/

   Vice-President

ATTEST:

M. Kathleen Parsons /s/

Clerk

   WAIVER OF SECOND READING

On motion duly made and seconded, the second reading of the foregoing Ordinance was unanimously waived and the Ordinance was deemed effective as of the date of passage.

   TOWN COUNCIL OF THE TOWN OF FREMONT, INDIANA

   Loretta S. Smart /s/

   President

   Charles Steven Brown /s/

   Vice-President

   Kay Clark, Member

   Joseph Thomas /s/

   Member

   John N. Ludy /s/

   Member

ATTEST

M. Kathleen Parsons /s/

Clerk