ADOPTING ORDINANCE
Ordinance No. 2020-0046
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR OWEN COUNTY, 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 political subdivisions 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 political subdivision 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 Owen County Board of Commissioners has authorized a general compilation and revision and codification of the Ordinances of Owen County 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 any early date.
NOW THEREFORE BE IT ORDAINED, by the Board of Commissioners of Owen County the following:
SECTION ONE. CODIFICATION AUTHORIZED-ADOPTED
a) Pursuant to and in compliance with I.C. 36-1-5-4 the general ordinances of Owen County, Indiana are hereby codified, revised, amended, restated and compiled into a complete simplified code, excluding formal parts of the ordinances, in book form and are hereby adopted as and shall constitute the "Code of Ordinances of Owen County, Indiana."
SECTION TWO. TABLE OF CONTENTS
a) Such Code of Ordinances as adopted in Section One shall consist of the following Titles:
Title I: General Provisions
10. General Provisions
Title III: Administration
30. General Provisions
31. County Organizations
32. Sheriffs Department
33. County Emergency Medical Services
34. Elections
35. Funds
36. Taxation and Finance
37. County Policies
38. Purchasing
39. Personnel Policies
40. Fees
Title V: Public Works
50. Solid Waste
51. Recycling
52. Sewage
53. Infrastructure Development Zone
Title VII: Traffic Code
70. General Provisions
71. Traffic Regulations
72. Parking Generally
73. Recreational Vehicles
74. Traffic Schedules
75. Parking Schedules
Title IX: General Regulations
90. Nuisances
91. Special Events
92. Alarm Systems
93. Fair Housing
94. Streets, Roads, and Driveways
95. Wells
96. Parks
Title XI: Business Regulations
110. Transient Merchants
111. Food Establishments and Protection
112. Contractors
113. Salvage Yards
114. Cable Communications Services
Title XIII: General Offenses
(Reserved)
Title XV: Land Usage
150. General Provisions
151. Building Code
152. Road Identification and Property Numbering
153. Flood Hazard Areas
154. Mining
155. Zoning and Subdivision Control
Table of Special Ordinances
I. Vacations and Road-Related Regulations
II. Franchises
III. Agreements and Contracts
IV. Economic Revitalizations Areas
V. Property Transactions
Parallel References
References to Indiana Code
References to Resolutions
References to Ordinances
Index
SECTION THREE. INCORPORATION BY REFERENCE
a) Pursuant to Indiana Code 36-1-5-4, the legislative body of Owen County may incorporate by reference into an ordinance or code any material. Two (2) copies of the incorporated material are on file in the office of the clerk for the legislative body for public inspection and these copies must be on file as stated for public inspection.
SECTION FOUR. CODE AS EVIDENCE
a) Pursuant to Indiana Code 36-1-5-5 the printed "Code of Ordinances of Owen County, Indiana" which has taken effect constitutes presumptive evidence in any legal proceeding:
1) of the provisions of the Code
2) of the date of adoption of the Code
3) that the Code has been properly signed, attested, recorded and approved; and
4) that any public hearings required have been held, with any notices required given.
SECTION FIVE. PRIOR ORDINANCES
a) All prior Ordinances pertaining to the subjects treated in the Code of Ordinances of Owen County, Indiana, 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 the Code of Ordinances of Owen County; 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 the repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises or granting special rights to certain persons, 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 of Ordinances of Owen County, Indiana.
SECTION SIX. PUBLICATION
a) The Code of Ordinances of Owen County, Indiana, shall be deemed published as of the day of its adoption and approval by the Owen County Board of Commissioners, and the Clerk of the Board of Commissioners is hereby authorized and ordered to file a copy of the Code of Ordinances of Owen County, Indiana, in the Office of the Auditor of Owen County. The Code of Ordinances of Owen County, Indiana, shall be in full force and in effect as provided in Section Seven.
SECTION SEVEN. EMERGENCY
a) 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.
Passed and adopted by the Board of Commissioners of Owen County, State of Indiana, in a regular meeting held on the 8th day of September , 2020.
OWEN COUNTY BOARD OF COMMISSIONERS:
Jeff Brothers/s/
Jeff Brothers, President
Gary Burton/s/
Gary Burton, Vice-President
Steve Williamson/s/
Steve Williamson, Commissioner
ATTEST: Patty Steward/s/
Patty Steward, Auditor