(A) The town is authorized to enter into contracts with owners or lessees of private business to:
(1) Regulate and erect signs, signals or markings regulating parking, vehicular traffic, pedestrian traffic and the occupancy of the private business property by the public;
(2) Provide for the removal and storage of vehicles where abandoned or found in violation of town ordinance;
(3) Provide for the regulation of the occupancy and use of the private business property by the public; and
(4) Regulate any other activity authorized by I.C. 9-21-18-1 et seq. or this municipal code.
(B) Any contract entered into between the town and the owner or lessee of private business property must be in compliance with state law and must provide:
(1) For the compensation to the town for the cost of planning, installing and maintaining appropriate signs, signals or markings if said signs, signals or markings are to be supplied, installed or maintained by the town;
(2) For the compensation of the town for the cost of law enforcement services if the manner or frequency of enforcement is specified in the contract and not left to the discretion of the Police Department;
(3) That the initial term of the contract may not be more than one year and may not be renewed for periods longer than four years, or the duration of the lessee’s lease, whichever is less;
(4) That the contract may be canceled at any time by either party upon 30 days’ written notice to the other party;
(5) That all revenue derived from fines shall be the town’s;
(6) That owners or lessees shall not use the 911 system except in emergency situations;
(7) That any other reasonable and desirable terms or conditions considered appropriate by the Town Council;
(8) That owners and lessees shall use off-duty officers except in the case of emergency; and
(9) That owners or lessees shall indemnify and hold the town harmless for all acts of negligence of the owners or lessees and their agents, employees and assigns associated with enforcement of this chapter and maintain public liability insurance naming the town as an additional insured in amounts not less than $300,000 per person and $1,000,000 aggregate.
(Ord. 1997-7, passed 5-14-1997) Penalty, see § 72.99