(A) The provisions of this chapter do not apply to nor prohibit any of the following acts or conditions:
(1) Any act or condition resulting from the conduct of an agricultural or industrial activity which has been carried on for more than one year, and the nuisance of the activity results from a change in the locale and environs of the activity rather than a change in the activity itself and the activity would not have constituted a substantial nuisance except for the change in the locale or environs to the extent provided by IC 34-19-1-4.
(2) Any act or condition expressly required or authorized by any law of the United States or this state or any ordinance or order adopted by the Town Council or by any regulation, license or permit promulgated or issued under authority thereof.
(B) The provisions of this chapter are intended to be supplementary to and do not supersede any other ordinance declaring or implying any act or condition to be a public nuisance or regulating the same or providing a procedure for the enforcement of the provisions or penalties for their violation. If any act or condition is such as to constitute a violation both of this chapter and another town ordinance, the matter may be enforced in accordance with either ordinance, as the proper town authorities deem most appropriate.
('85 Code, § 5-4-7) (Ord. 1985-C20, passed 9-16-85)
Editor’s note:
IC 34-19-1-4 was repealed by P.L. 2-2002, Sec. 128.