Loading...
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed, and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance, which is supposed to add to the existing code a new chapter or section, shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof, as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(Ord. 2-2021, passed - -)
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the rest of the code section.
(B) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as a statute. If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.
(Ord. 2-2021, passed - -)
(A) All offenses committed under laws enforced prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code.
(B) The liabilities, proceedings, and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment, or vacation of any highway, and the election of corporate officers shall remain valid in all respects as if this code had not been enacted.
(Ord. 2-2021, passed - -)
(A) For the purpose of this section, the term “violation of this code” means any of the following:
(1) Doing and act that is prohibited or made or declared unlawful, an offense, a violation, or a misdemeanor by ordinance, rule, or regulation authorized by this section;
(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance; or
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, or a misdemeanor by ordinance, or by rule or regulation authorized by ordinance.
(B) The term does not include the failure of a town officer or own employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(C) Except as otherwise provided by law or ordinance:
(1) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500 for a first offense and a fine not to exceed $7,500 for a second or subsequent offense, unless the violation is of an ordinance that regulates traffic or parking. In such cases, the fine may not exceed the sum of $2,500; and
(2) With respect to violations of this code of ordinances that are not continuous with respect to time, each violation is a separate offense.
(D) The imposition of a penalty does not prevent the suspension or revocation of a license, permit, franchise, or other administrative sanctions.
(E) Violations of this code of ordinances that are continuous with respect to time are a public nuisance and my be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.
(F) The imposition of a penalty does not prevent suspension or revocation of a license, permit, franchise, or other administrative sanctions.
(Ord. 2-2021, passed - -)
Statutory reference:
Enforcement of ordinances, see I.C. 36-1-6-1 et seq.
Limitations on penalties, see I.C. 36-1-3-8(9) and I.C. 36-1-3-8(10)