ADOPTING ORDINANCE

ORDINANCE NO. 1995-13

   AN ORDINANCE REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN DEALING WITH SUBJECTS EMBRACED IN SAID CODE.

   WHEREAS, the present general ordinances of the Town of Lowell are incomplete and inadequate and the manner of arrangement, classification, and indexing thereof is insufficient to meet the immediate needs of the Town, and

   WHEREAS, I.C. 36-1-5 empowers and authorizes the Town Council of this Town to revise, amend, restate, codify, and to compile any existing ordinance or ordinances and all new ordinances not heretofore adopted or published and to incorporate said ordinances of the Town into a complete and simplifed code;

   WHEREAS, the Town Council of the Town of Lowell has authorized a general compilation, revision, and codification of the ordinances of the Town of a general and permanent nature and publication of such ordinances in book form.

   NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Lowell that:

   Section 1. The general ordinances of the Town of Lowell as herein revised, amended, restated, codified, and compiled in book form are adopted as and shall constitute the “Code of Ordinances of the Town of Lowell.”

   Section 2. Said Code as adopted in Section 1 shall consist of the following titles, to wit:

            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

            Table of Special Ordinances

            Parallel References

            Index

   Section 3. All prior ordinances pertaining to the subjects treated in said Code shall be deemed repealed from and after the effective date of said Code except as they are included and reordained in whole or in part in said Code; provided such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of said Code, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or disannexing 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 easement, plat or dedication of land to public use, naming or vacating or setting the boundaries of streets, alleys, or other public places, not to any other ordinance of a temporary or special nature or pertaining to subjects not contained therein.

   Section 4. Said Code shall be deemed published as of the day of its adoption and final approval by the Lowell Town Council. The Clerk of the Town of Lowell is hereby authorized and ordered to file two (2) copies of the material in the Office of the Clerk for the Town of Lowell for public inspection.

   Section 5. Said Code shall be in full force and effect from the date of its publication and filing thereof in the Office of the Clerk, and said 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.

   PASSED AND ADOPTED by the Town Council of the Town of Lowell this 28th day of August, 1995.

                                    TOWN OF LOWELL

                                    John Gray /s/

                                    Robert Hatch /s/

                                    William Dunn /s/

                                    Sam Oliveirio /s/

Attested by:

Marcia Carlson /s/             Larry Just /s/