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(A) Pursuant to I.C. 36-8-13-3(a)(2), the Trustees of Lawrenceburg Township, Dearborn County, and the City Council of Greendale may agree that the city provide fire protection to portions of Lawrenceburg Township in the manner hereafter provided.
(1) Area covered by agreement. The following area or areas of Lawrenceburg Township may be covered by this agreement: that portion which lies east of Tanners Creek and outside the corporate limits of the City of Greendale and the City of Lawrenceburg.
(2) Term of agreement and annual payments.
(a) An agreement may be in effect for the indicated terms and subject to payment by the township to the city of the indicated annual amounts in consideration of the provision of the fire protection by the city, as follows:
Term Period
|
Annual Payment |
1-1-1991 through 12-31-2010 | $10,500 |
(b) Annual payments as provided in this division (A)(2) are payable one-half during the month of January and one-half during the month of July of each year of a term as provided above. However, it is understood and agreed that in the event that any fire protection agreement is upset by action of the State Insurance Services Office, the payments for the services shall be prorated on a monthly basis for the services then rendered and paid accordingly; and the payments due under any agreement shall be subject to the final approval of the annual appropriations therefore by the State Tax Board.
(3) Character of fire service. Fire protection shall be provided by the use of a minimum of one pumper, equipped with a minimum of a 500-gallon booster tank and a minimum of a 750-gallon per minute pump and utility truck manned by six firefighters for daylight fires and ten firefighters at night fires which truck is equipped with a 500-gallon booster tank and a 750-gallon per minute pump.
(4) Termination of agreement; notice requirement. The parties may agree that if the fire protection service under the terms of this agreement is to be terminated, that written notice will be given to the I.S.O. Commercial Risk Services, 8125 Knue Road, Indianapolis, Indiana, 46250, of the termination at least 60 days in advance of the date for termination.
(5) Extension or amendment of agreement; procedure. The term of any agreement may be extended from year to year, or for other terms, by amending division (A)(2) above, as the parties may agree, to add the term of extension and determine the amount of annual payment applicable thereto. Other terms and stipulations of the agreement may also be amended from time to time, with the mutual consent of the parties and subject to any notification or approval as may be required by the State Insurance Services Office, through amendments to this section adopted by the City Council.
(B) The City Council will enact any ordinances or resolutions and execute any contracts or other documents as may be necessary to carry out the provisions of this section.
(1985 Code, § 9-2-5) (Ord. 13-1984, passed - -1984; Ord. 2-1991, passed 7-9-1991)
Except in accordance with a mutual aid agreement or fire protection contract duly entered into and approved by the City Council, it is deemed necessary to prohibit the provision of fire protection by the city and its Fire Department, or the use of its equipment, beyond the limits of the city, excepting public buildings located beyond the limits or except as absolutely necessary to save human life.
(1985 Code, § 9-2-6) (Res. passed 1-12-1960; Ord. 13-1984, passed - -1984)
POLICE
(A) Authority. This section is adopted under and pursuant to the general powers of the municipality under I.C. 36-1-3 et seq.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LAW ENFORCEMENT ACTIVITY. Any activity which is officially authorized, sanctioned, or sponsored by any governmental entity and directed at the enforcement of the statutes, ordinances, or regulations under the jurisdiction of the governmental entity or to otherwise exercise its police powers. The term includes making arrests; issuing criminal or civil citations; searching or seizing persons or property; or stopping, interrogating, or conducting active or passive surveillance or other investigations of any sort with respect to person or property for the purpose of determining if any person has violated or probably intends or conspires to violate any such statutes, ordinances, or regulations of the governmental entity.
LAW ENFORCEMENT OFFICER. Any person, whether compensated or uncompensated, who is employed, engaged, or otherwise authorized by a governmental entity to perform law enforcement activities on behalf of the governmental entity. The term includes officers and agents of general police agencies, but also includes officers, agents, or investigators acting for special governmental authorities such as (but not limited to) revenue, excise, and tax authorities, fish and game authorities, agricultural control authorities, public health authorities, and the like.
(C) Conduct restricted. Except as provided under division (D) below, it shall be unlawful for any law enforcement officer of any governmental entity other than this municipality to conduct or engage in law enforcement activities within the corporate limits of the municipality without first notifying, in person, and obtaining the consent and approval of the Police Chief, another officer of the City Police Department authorized by the Police Chief to give the consent and approval, or the municipal executive. The consent and approval shall not be granted to engage in surveillance of any nature of activity which is lawful under the laws of the state or the city, but which is prohibited or restricted by laws relating to crimes or taxation enacted and enforced by a state or political subdivision thereof, other than the state. The granting or denial of the consent and approval shall be purely discretionary on the part of the above-described officials, and, pursuant to state law, shall not entail any liability on the part of the municipality or its officers or employees for any direct or indirect harm to any person which may arise out of the granting or denial. Any person who conducts or engages in law enforcement activities in violation of the requirements of this section may be cited therefor and upon conviction shall be liable to a penal fine as set forth in § 10.99.
(D) Activities exempted. The following law enforcement officers and activities are not subject to the requirements of division (C) above:
(1) Law enforcement officers of the federal government enforcing federal statutes and regulations;
(2) Law enforcement officers of the state and its agencies (including prosecuting attorneys of state judicial circuits) enforcing state statutes or regulations or federal statutes or regulations within their enforcement jurisdiction;
(3) County law enforcement officers enforcing state or federal statutes or regulations, or county ordinances or regulations, respecting which they have exclusive or concurrent enforcement jurisdiction within the corporate limits of the municipality;
(4) Any law enforcement officer of the state or its political subdivisions who has cause to make an arrest when authorized under state law;
(5) Any law enforcement officer executing a warrant or other process as directed by a federal court or any court of record having jurisdiction in the state, or otherwise serving process in any manner required by law, including, but not limited to, demands or warrants of the Governor pursuant to the Uniform Criminal Extradition Act (I.C. 35-33-10-3) and writs of attachment directed to Sheriffs pursuant to state law;
(6) Any person who is a law enforcement officer of this state or another state or their agencies and political subdivisions, who acting purely as a private individual, arrests a person for causes and in the manner provided by I.C. 35-33-1-4 (i.e., “citizen’s arrest”); or
(7) Any law enforcement officer acting in any respect expressly authorized by a federal or state statute, an interstate compact between the state and another state or its political subdivision, or in accordance with an interlocal agreement or “visiting police officers” arrangement between the municipality and another governmental entity entered into pursuant to I.C. 36-1-7 et seq., including provisions applicable under the Uniform Act on Fresh Pursuit (I.C. 35-33-3-1).
(Ord. passed 12-2-1985)
(A) There is established a Board of Metropolitan Police Commissioners for the city, to consist of three members to be appointed by the City Council. The Commissioners so appointed shall be of good moral character, legal residents of the city, and not more than two shall be of the same political party.
(1985 Code, § 9-3-2)
(B) Three Commissioners shall be appointed in January, 1969, one to serve one year, one to serve two years, and one to serve three years. Thereafter, on January 1 of each year, one Commissioner shall be appointed to serve for a term of three years.
(1985 Code, § 9-3-3)
(C) The salary of members of the Board of Metropolitan Police Commissioners shall be fixed annually by the City Council in the city salary ordinance payable monthly out of the treasury of the city.
(1985 Code, § 9-3-4)
(Ord. 5-1968, passed 12-10-1968; Ord. 13-1984, passed - -1984)