ADOPTING ORDINANCE
ORDINANCE NO. 318
AN ORDINANCE ENACTING A CODE OF ORDINANCES (“TOWN CODE”) FOR THE TOWN OF PRINCE'S LAKES, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN OF PRINCE'S LAKES
WHEREAS, the present general and permanent ordinances of the Town of Prince's Lakes 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 Town and for the proper conduct of its affairs; and
WHEREAS, the Indiana Code empowers and authorizes the Town of Prince's Lakes 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 code book form; and
WHEREAS, the Town Council of the Town of Prince's Lakes has authorized a general compilation, revision, and codification of the ordinances of the Town of Prince's Lakes of a general and permanent nature and publication of such ordinance in code book form; and
WHEREAS, the final version of the proposed code book provided by the publisher contains a few provisions that need to be revised or corrected;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Prince's Lakes, Indiana, as follows:
Section 1. Subject to the revisions contained within this Ordinance, the general ordinances of the Town of Prince's Lakes as revised, amended, restated, codified, and compiled in code book form are hereby adopted as and shall constitute the “Prince's Lakes Code of Ordinances”, which may also be referred to as the “Prince's Lakes Town Code” or the “Town Code.”
Section 2. Such Code of Ordinances as adopted in Section 1 consists of the following Titles and Chapters:
TABLE OF CONTENTS
Chapter
TITLE I: GENERAL PROVISIONS
10. General Provisions
TITLE III: ADMINISTRATION
30. Town Council
31. Police and Emergency Services
32. Finance; Funds
33. Personnel
34. Ordinance Violations Bureau
TITLE V: PUBLIC WORKS
50. Sewers
51. Water
TITLE VII: TRAFFIC CODE
70. General Traffic Provisions
71. Traffic Schedules
TITLE IX: GENERAL REGULATIONS
90. Abandoned Vehicles
91. Animals
92. Nuisances
93. Parks and Recreation
94. Streets and Sidewalks
95. Burning
TITLE XI: BUSINESS REGULATIONS
110. Peddlers, Transient Merchants and Solicitors
TITLE XIII: GENERAL OFFENSES
130. General Offenses
TITLE XV: LAND USAGE
150. Building Regulations
151. Flood Damage Prevention
152. Zoning
153. Subdivision Regulations
Section 3. In § 32.01 of the Code, citation “I.C. 6-7-1-21-1” shall be replaced with “I.C. 6-7-1-31.1”. Furthermore, § 32.01(B) shall be revised to read as follows:
(B) (1) The term “capital improvements” means:
(a) The purchase of land, easements, or rights-of-way;
(b) The purchase of buildings;
(c) The construction or improvement of city owned property;
(d) The design, development, purchase, lease, upgrade, maintenance, or repair of:
1. Computer hardware;
2. Computer software;
3. Wiring and computer networks; and
4. Communications access systems used to connect with computer networks or electronic gateways;
(e) The services of full-time or part-time computer maintenance employees;
(f) Conducting nonrecurring in-service technology training of unit employees;
(g) Undertaking Internet application development; or
(h) Retirement of general obligation bonds issued by the city or town for one (1) of the purposes stated in subdivision (a), (b), (c), (d), (e), or (f).
(B) (2) The term capital improvement shall not include salaries of any public official or employees except those which are directly chargeable to a capital improvement or as specifically stated in Subsection (B)(1) above.
Section 4. Section 32.03 concerning the operation of a vending machine outside Town Hall shall be deleted in its entirety.
Section 5. In Section 51.01, providing the schedule of water utility rates, the note marked with an asterisk shall be revised to read “A minimum charge per month, based on the size of the meter, will be charged according to the amount provided on the Minimum Charges Per Month schedule above.”
Section 6. Section 130.06(A) concerning Use of Firearms shall be revised to read as follows:
(A) It is hereby declared unlawful for any person or persons to fire, shoot, or otherwise discharge any gun, revolver, rifle, shot-gun, or any other type of firearm within the corporate limits of the Town for any purpose other than in the defense of his or her life, or the life of another person, or the protection of his or her property or property entrusted to him or her by another person.
Section 7. Section 152.999 concerning Penalties for violations of the Zoning Code shall be revised to read as follows:
Any person, firm, or corporation who violates any provision of this chapter, including violation of commitments, conditions, restrictions, and safeguards established pursuant to provisions of the Zoning Code or during proceedings authorized by or governed by the Zoning Code, for which another penalty is not specifically provided shall be subject to a fine not exceeding $2,500 and payment of reasonable attorney's fees for the enforcement action. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
Section 8. The italicized title for § 153.047(G) shall be revised to read “Sight distances at intersections.”
Section 9. The last sentence of § 153.070(F) shall be replaced with the following sentence, “Public improvements shown on the plat, or otherwise, must be presented to and accepted by the Council.”
Section 10. All prior ordinances pertaining to the subjects treated in such Code of Ordinances (the “Code”) 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, 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 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.
Section 11. Such Code shall be deemed published and in full force and effect as of the day of adoption and approval of this Ordinance No. 318 by the Prince's Lakes Town Council, and the Clerk-Treasurer of the Town of Prince's Lakes is hereby authorized and ordered to file a copy of such Code of Ordinances in the office of the Clerk-Treasurer.
Section 12. Such Code shall be presumptive evidence in all courts and places of all provisions, sections, penalties, and regulations therein contained and of the date of adoption, 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.
Introduced to the Town Council of the Town of Prince's Lakes, Indiana, on the 17th day of November, 2003.
Passed through first reading by the Town Council on the 17th day of November, 2003, by a vote of 5 in favor and 0 against.
Duly passed and adopted on second and final reading this 17th day of November, 2003, by a vote of 5 in favor and 0 against.
PRINCE'S LAKES TOWN COUNCIL
Diane Bieszczat /s/
Diane Bieszczat, President
FOR AGAINST
Charles Bourne /s/
Bryce Pierson /s/
J.P. Renner /s/
Pete Ketchum /s/
Diane H. Biezczat /s/
ATTEST:
Jill Jackson /s/
Jill Jackson, Clerk-Treasurer