HomeMy WebLinkAbout06) Title 9 General RegulationsChapter
90.
91.
9~..
ANIMALS
FAIR HOUSING
~'uc~ PREVENTION; SMOKE DETECTORS
93. C, ARBAG~ AND REFUSE;
94. NOISE
APPENDIX A: SC~TII-'AC DEFI~i'rAONS
APPENDIX B: dBA LIMITS
98. PARKS AND RECKF. ATION
96. ST~.TS AND SIDEWALKS
9?. EOUAL OPPORTUI~i'r~ POLICY
98. ABANDOI~ ~'.- VEHICLES
99. ENHANCED EMER~,~u~CY 'r~-',.EPHONE SYS~i'~
100. BLASTIN REG'ULA~IONS
101. MOTOR VEHICLE AND WATERCRAFT SALE AND STORAGE
10~.. BURG'IJ~R ALARMS: ALARMS
CHAP'r~ ~ ANIMALS
Section
90.01 Definitions
90.02 Animals creating a nuisance
90.03 Animals nmning at large
90.04 Dogs running at large; restraint required; exception
90.05 Seizing animals at large
90.06 Abandonment, capturing of animals prohibited
90~07 Humane treatment required
90.08 Injuring or killing animals prohibited
90.09 Animals in heat
90.10 Limits as to number of animals allowed
90.11 Motor vehicle accidents involving animals
90.12 Mistreatment of police dogs prohibited
90. t3 Animal wastes
90.14 Cats; application of regulations
90.15 Keeping fowl and poultry
90.16 Keeping livestock
90.17 Sale of baby rabbits, chicks, or fowl preh/bited; exceptions
90.18 Kennel license
90.19 Sale or transfer of animals by animal shelter
90.20 Restricting right to keep, own or trade certain species of animals
90.21 Spay/neuter program for animals adopted at animal shelter
90.22 Possession of dangerous animals
90.23 Non-immunized animals
90.24 Illegal dumping or abandoning of domestic or wild animals
90.30 License required
90.31 Application; certain information required
90.32 Vaccination required before issuance of license
90.33 Term of license; proof of neutering or spaying
90.34 Identification tag and collar required; record kept of identifying numbers; replacement fee
90.35 Notice of violation for failure to comply; late charge
90.36 License nontransferable
90.37 Exemption
90.45
90.46
90.47
90.48
90.49
90.60
90.51
90.52
90.53
Impounding animals at large
Vicious animals
Registry kept on impounded animals
Notification of owner
Animals to be kept only for certain length of t/me
Fees
Release requirements
Issuance of notice of violation
Authority of shelter to deal with sick or injured animals
90.60 Vaccination
90.61 Procedure when rabies suspected
90.62 Animal bites
90.70 Issuance of citation; appearance in court; authority to issue citation
90.71 Interference w/th enforcement prohibited
90.72 Preservation of certain rights
90.73 Stricter regulations shall prevail
90.74 Fines and fees for Jeffersonville-Clark County Animal Shelter
90.85
90.86
90.87
Definitions
Carcasses to be in preserved state
Fees for destruction of animal carcasses
90.99 ~ Penalty
GI~I~ PROVISIONS
§ 90.01 D~;l-'ll~l'l'~ONS.
For the purpose of this chapter the following clef'tuitions shall apply unless the context clearly
indicates or requires a different meaning.
-'~'-~-,. Any live, vertebrate creature, domestic or wild, including but not limited to dogs, cats, and
those domesticated animals most often kept and regarded as pets by their owners.
~ GON~OI~ Ot~O~ Any person designated by the county or municipal government as
an officer who is qualified to perform the duties required by this chapter or state statutes regarding
animals.
~ S,r~22:iM. Any facility operated by the humane society, or county or municipal agency,
or its authorized agents for the purpose of impounding or caring for animals held under the authority of
this chapter or state law.
AT/.~mX/~O'~ Off the premises of the owner or custodian of the animal or not under the immediate
control of the owner or custodian.
D~N~O~r~ ~//t~/~. Any animal which, without provocation, attacks or iniures a person who is
peaceably conducting themselves in a place where he or she lawfully may be. Dangerous animals shall
also include any animal which, because of its size, vicious propensity or other characteristic, would
constitute a danger to human life, property or domestic animal if not restrained or kept in a safe and
adequate enclosure.
KENN'25. Any establishment where dogs are kept for breeding, boarding, sale, leasing, trading, or
sporting purposes; for remuneration.
A/VF_~ Horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers,
heifers, cows, calves, mules, jacks, jennets, burrows, goats, kids, swine, and fur bearing animals being
raised in captivity.
OW/~/~/~ When applied to the proprietorship of an animal means any person, partnership, or
corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be
harbored if it is fed or sheltered for three consecutive days or more.
OWlwMMand PE2SON50WN/N'G P.F~II4~F.,,S. Both the owner of title of record and those occupying
or m possession of any property or premise.
P~T $I'IOP. Any person, partnership, or corporation, whether operated separately or in connection
with another business enterprise, except for a licensed kennel, that buys, sells, or boards any species
of animal.
POLIf:E. OFFIO2I~ OR/.~AWENFORU/:A't4ENT O~(.,'~. Any person employed or elected by the
people of the state, or by a city, village, county, or township whose duty it is to preserve peace or to
make arrest or to enforce the law.
POUI.~TMF. All domestic fowl, ornamental birds, and game birds possessed or being reared under
authority of a breeder's license according to the applicable state laws.
PROP~ S/~U.~M:,~ A proper shelter is to have four sides, a floor and a roof, none of which leak.
There is to be an opening in one side large enough for the animal to enter the shelter. The shelter must
be large enough for the aninm] to stand completely erect without touchin9 the top of the facility and must
allow the animal to turn completely around and stretch out completely when lying down.
_~P~, Anyanimal secured bya leashorlead, and under control ora responsible personand
obedient to that person's commands; or within the real property limits of the owner.
(Ord. 78-OR-43, passed 11-6-78; Am. Ord. 93-OR-14, passed 3-15-93)
6 lei~m~onville - General Rogu~tio~.
§ 90.0~ ANTiVIALS CREATING A NUISANCE.
No owner sha/] fail to exercise proper care and control of his animals so as to prevent the follov,4ng
action by them:
(A) Molesting of paesemby;
(B) Chasing of passing vehicles;
(C) Attacking other domestic animals;
(D) Trespassing upon private property or school grounds;
(E) Damaging private or public property;
(F) Habitual barking or loud and continued noise which causes serious annoyance or disturbance
to the neighborhood; or
(G) Unnecessarily foul or noxious odors which offend people in the neighborhood.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.0;] AN"IMAL.~ RUN'NTNG AT LARGE.
No person shall allow any anhnal which he owns or harbors to run at large within the city liraits.
(Ord. 78-OR-43, PasSed 11-6-78) Penalty, see § 90.99
§ g0.04 DOGS RUNNING AT LARGE; RESTRAD/'T REOU~'k~n; EXCEPTION.
(A) No person owning or having charge of any dog shall cause or allow the same to run at large
upon any public place or upon any private property other than that of the owner; all dogs shall be kept
under restraint.
(B) However, working dogs, such as leader dogs, guard dogs, farm dogs, hunting dogs, and other
such dogs which are actively engaged in activities for which such dogs are trained, need not be leashed
when under the reasonable control of its owner.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.08 S~:'~-"~G ANIMALS AT LARGE.
It shall be lawful for any person to seize any dog or animal running at large in violation of this
chapter and to turn such dog or animal over to the animal control officer, his deputies, or assistants.
(Ord. 78-OR-43, passed 11-6-78)
Animals 7
§ 90.08 ABANDONMENT, CAPTURING OF ANIMALS PROI'I~Tr.~u.
(A) It shall be unlawful for any pemon to abartdon any domestic animal upon any public place,
including the right-of-way of any public highway, or upon the property of another, without provision for
the care and sustenance of such animal.
(B) No pemon shall invade the private premises of another to capture or take any licensed animal
off the prerrdses of the owner, except as herein provided; or seize any animal while the same is
accompanied by its owner.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
(A) No owner shall fail to provide his animals with good and wholesome food and water daily;
proper shelter and protection from the weather; veterinary care when needed to prevent suffering; and
with humane care and treatment.
(B) No animal shall be kept on a chain less than 12 feet in length. This chain is to be kept
untangled as to allow the animal full access of the length of the chain.
(C) No pemon shall knowingly expose any known poisonous substance or toxic chemical so that
the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person
to expose, on his property, common rat poison mixed only with vegetable substance.
(D) It shall be unlawful for any pemon, partnership, corporation or other entity, to display, sell, offer
for sale, trade, or barter, or knowingly give away any diseased animal, or allow any diseased animal that
is afflicted with a contagious disease to be exposed in any place of public access. This is not meant to
interfere with the daily operation of an animal shelter or veterinary clinic.
(Ord. 78-OR-4~, passed 11-6-78; Am. Ord. 93-OR-14. passed 3-15-93) Penalty, see § 90.99
§ 90.08 INJURING OR E~LING ~S PROI..I~ITEE),
No person shall maliciously injure or kill any dog or animal by administering poison, by means of
a deadly weapon, or in any other manner.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§90.09 ANIMALS IN HEAT.
Every female dog or cat in heat shall be confined in a building or secure enclosure tn such manner
that such female dog or cat cannot come into contact with another animal except for planned breeding.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.10 I~IMITS AS TO NUMBI~R OF ANIMALS ALLOw~:;u.
(A) No person shall keep more than four dogs, cats, or combination thereof, over four months of
age in a single-family residence or in a unit of a multi-family residence in any area of the city which is
8 Jeffemonville - General Regulations
zoned R-1 or R-2 Residential. Dogs or cats under the age of four months may be maintained at such a
residence provided the dogs or cats are of one litter and were born to one of the previously owned adult
dogs or cats living at the residence.
(B) Any person who owns at any time more than four dogs~ cats, or a combination thereof, under
the age of four months, at any single properly zoned location within the city (such as, B-3, I-l, or I-2
Districts), may on or before June 1 of the year following such oWnership Obtain a kennel license.
(Ord. 78,OR-43, passed 11-6-78; Am. Ord. 84-OR-64, passed 8-18-84)
Penalty, see § 90.99
Kennel license, see § 90.18
§ 90.11 MOTOR VEHICLE ACCIDENTS INVOLV~N~ ANIMALS.
(A) Any person operating a motor Vehicle who knowingly hits, runs over, or causes iniury to any
animal shall stop at once, ascertain the extent of injury, and report to the nearest police station or police
officer.
(B) The motorist shall report his name, address, operator's license and registration number, and the
location of the animal.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90;99
§ 90.12 MI~'I'REATMI~29T OF POLICE DOGS PROHIBrr,--',,.
It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike,
mutilate, injure, disable, or kill any dog used by the Police Department of the city in the performance of
the functions or duties of the Department, or to interfere with or meddle with any dog while being used
by the Department or any member thereof in the performance of any of the functions or duties of the
Department or of an officer or member. Any person who shall violate any of the provisions of this section
shall be deemed guilty of punishable violation.
(Ord. 79-OR-40, passed 12-3-79) Penalty, see § 10.99
§ 90.13 ANIMAL WAS'lES.
The owner of every animal shall be responsible for the immediate removal of any excreta deposited
by his animals on public property or on the private property of others.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.14 CATS; APPLICATION OF I~GULATIONS.
Cats shall not be subject to the license provisions in §§ 90.30 through 90.37, as provided for dogs;
but shall be subject to all of the remainder sections of this chapter including impounding and disposition
thereof.
(Ord. 78-OR-43, paSSed 11-6-78)
It shall be unlawful for any person to keep or maintain any coop or pen in which chiCkens, ducks,
geese, turkeys, guineas, or pigeons are kept within a distance of less than 50 feet from any dwelling.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.16 ~:~:-ING LIVESTOCK.
(A) It shall be unlawful for any person to keep or harbor any livestock within the city limits.
(B) In the event that a private company is authorized by both the Board of Public Works and Safety
and the Common Council by an official motion a'ncUor resolution, said company may be exempt from the
provisions of division (A) provided that is obtains a permit by approval of the Common Council for
keeping its horses to be used in providing horse drawn carriages within the city within the city limits at
a specified location which the Council approves as not being detrimental to the public health, safety, or
welfare. Furthermore, the private company must specifically agree in writing to hold the city harmless
from any injury or damage which might result from the keeping of such livestock within the city, to keep
and maintain the premises in a clean and sanitary manner, and to abate any nuisance as identified by
the Common Council or the Board of Public Works and Safety within the ten days of receipt of written
notice of any such nuisance. This permit shall be granted without charge, but may be revocable at any
time by the Common Council or the Board of Public Works and Safety.
(Ord. 78-OR-43, passed 11-6-78; Am. Ord. 89-OR-46, passed 8-9-89) Penalty, see § 90.99
§ 90.17 SALE OF BABY R~BITS, CHICKS, OR FOWl, PROI-I~i'I'~;;D; EXCEPTIONS.
(A) No person shall display, sell, offer for sale, barter, or give away baby rabbits, chicks, goslings,
ducklings, or other fowl as novelties; nor shall any person color, dye, stain, er otherwise change the
natural color of these animals.
(B) This section shall net be construed to prohibit the sale or display of natural chicks °r ducklings
in proper brooder facilities; or in proper facilities by breeders or stores engaged in the business of
selling them to be raised for commercial purposes.
(Ord. 78-OR-45, passed 11-6-78) Penalty, see § 90.99
§ 90.18 ~
Any person who owns, operates, or keeps a kennel may in lieu of individual licenses required under
this chapter, and under the laws of the state, apply on or before June 1 of each year to the township
assessor for a kennel license. This license entitles him to own, keep, or operate such kennel in
accordance with the applicable state laws and the fee shall be in accordance with the laws of the state.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.19 SALE OR
(A) The Jeffersonville-Clark County An/mai Shelter shall not sell or transfer any animal or animals
to any individual, group of individuals, Partnership, or corporation for use in research or testing.
10 Je~emo~ - General Regulations
(B) The Jeffersonville-Clark County Animal Shelter shall not sell or transfer any animal or animals
to any individual, group of individuals, partnership, or corporation which sells or transfem animals to any
organization which participates in the use of animals for research or testing.
(Ord. 87-OR-8, passed 2-21-87)
§ 90.20 I~ES?I~I~ING ~G'H'I' TO '~":":~', OWN O1~ TRADE CER?AI~ SPECIES O1~ ANiMAlS.
(A) It shall be unlawful for any person, group of pemons, business, pannership, or corporation to
keep, maintain, trade in, or have in his possession or under his personal control within the corporate
boundaries of the city any poisonous reptile or other animal of a species not ordinarily domesticated by
man which in a wild state rather carnivorous or not is, because of frs nature or physical makeup, capable
of inflicting serious harm or death to human beings, including but not limited to the following: bears,
lions, tigers, leopards, wolves, wolverines, badgers, elephants, rhinoceroses, cougars, primates, prairie
dogs, foxes, marsupials, opossums, raccoons, skunks, squirrels, ostrich, alligators, crocodiles, caiman,
tortoises, tarpins, or porcupines. This section does not ban domestically bred ferrets.
(B) (i) UPOn the written complaint of any person or reasonable belief by any law enforcersent
officer or city official that any person, group of persons, business, partnership, or corporation is in
violation o_f division (A) of this section, the Chief of the Police Department shall cause the matter to be
investigated, and if after said investigation the facts indicate that the said aforementioned species or
animal banned in division (A) of this section is in fact being kept in violation of this section, the Chief
of the Police Department shall cause to be delivered written notice to such person to safely remove said
animal from the corporate limits of the city within 72 hours after the delivery of said notice.
(2) Notice as herein provided Shall not be required where said aforersentioned animals have
previously caused physical injury to any person, or have escaped and are at large, in which case the
animal Shall be immediately seized and impounded, or, if in the course of seizing and impounding, the
police deems it necessary, said animal may be destroyed.
(C) The Chief of the Police Department shall forthwith cause to be seized and impounded any
aforementioned animals where the pemon, group of persons, business, partnemhip, or corporation
owning or keep/rig or harboring said animals has failed to comply with the notice hereinabove desc~bed.
Upon seizure and impoundment, said animal shall be delivered to a suitable place of confinement. If,
in the judgement of the officer making said seizure and impoundment of said aninal, the officer has
reason to believe said animal poses a risk of serious physical injury or death to any Demon, said animals
may be destroyed.
(D) Any reasonable costs incurred by the Chief of the Police Department or the city in the seizure,
impounding, or confinement of said animal shall be charged against the owner, keeper, or harborer of
such animal and shall be collected by the City Attorney. Such charges shall be in addition to any frae
or penalty for violating this section.
(E) Animals of the type herein described may be kept by bona fide licensed veterinary hospitals
for treatment or bona fide educational or rsedical institutions that are licensed by the state. Under no
circumstances shall said animals be used at public or private events in order to make a profit from
photographic opportunities.
11
(F) Any person, group of persons, business, partnership or Corporation violating any of the
provisions of this seCtion shall be f'med not less than $200 nor more than $2,500 for each offense, and
a separate offense shall be deemed committed on each day on which a violation occurs or continues.
(Ord. 89-OR-68, passed 11-18-89)
§ 90.I~1 SPAY/NE--'D'r~ pROGRAM FOR ANIMUS ADOP'r,--',, AT A171MAL SHEL'i'~r;i~.
(A) ~ ~ ~g to adopt ~ ~ at the Jeffe~n~e-Ol~k Co~ty ~ Shelter m~t
pay the cost of ~g ~ ~ s~y~ or neuter~ ~th the~ adoption fees.
(B) The Jeffemon~e-Clark Co~W ~ Shelter D~ector ~ hereby ordered to at least
se~nnu~y obta~ ~otes for s~y and neuter f~s ~om all ~ce~ed vete~a~ ~ Jeffemon~le
To~Mp, and the f~s charged the general p~c as a pan of the adoption fee for the spay/neuter
charge sh~l be an amo~t equal to the ~ote w~ch ~ deemed the lowest and best quote by the
Jeffemon~e-Clark Co~ty ~1 Shelter D~tor.
(C) M the event that the ~ M of s~cient age and health to be spayed or neutered at the t~e
of the adoption, a voucher ~1 ~ ~su~ to the new o~er of the ~ ~th an exp~tion date of ten
days follo~g the adoption ~ order to have the n~essa~ s~y/neuter procedure ~o~ed at the
o~ce of the licensed vete~a~an ~ Jeffe~on~le To.ship chosen at the d~cretion of the Jeffemon~le-
Clark County ~ Shelter D~ector.
(D) In the event that the an~al ~ not of su~cient age or health to undergo the spay/neuter
procedure at the t~e it ~ adopted, the Jeffe~on~le-Clark County ~I Shelter Dffector shall at h~/her
d~cretion establ~h an exp~tion date on the ~ucher given to the new o~er ~ which t~e the
procedure must be pe~o~ed.
(E) M the e~nt that the new o~er des~es not to have the adopted a~al altered they may
assume that respons~fliW the~elves, s~ject to prior ~tten appro~l by the ~al Shelter D~ector,
however, the f~ for the procedure as establ~h~ here~ s~ not be waived ~ any case u~e~ the
adopted an~ has already ~dergone the spay/neuter procedure.
(F) The Jefferson~le-Clark County ~ Shelter shah deposff ~I monies collected for the
~ay/neuter program ~th the Clerk-Tre~urer of the city, ~d thereafter shall process all cla~ ~om
the selected vete~a~ ~o~g the proced~es ~ the proper coume of b~e~ upon receipt of
· the bill ~d cla~ from said vete~a~.
(Ord. 90-OR-9, ~ssed 2-17-90)
§ 90.2~ POSSESSION OF DANGEROUS ANIMALS.
(A) Whenever an animal control officer or police officer determines upon personal observation and
investigation that an animal is a dangerous animal as defined in this chapter, the officer shall notify the
owner or any person having custody or control of said dangerous animal in writing or by verbal
conununication.
(B) No person shall allow any dangerous animal to be on any private or public property, other than
the animal's owner or keeper's property, unless such animal is securely muzzled and leashed or caged.
Adequate safeguards shall be'taken to prevent unauthorized acce~ss to a dangerous animal on the owner
or keeper's property by persons lawfully on the property.
(C) Any person owning or keeping a dangerous animal which has a propensity to attack without
provocation or has been determined to be dangerous shall provide an adequate enclosure as defmed
in this chapter.
0D) Any owner or keeper of an animal which has been determined dangerous shall be given seven
days notice, in writing, to comply with division (C) above. For each day past the seven day compliance
allowance that the owner or keeper does not comply, the owner or keeper of the dangerous animal will
be fined up to $I00 per day.
(Ord. 93-OR-14, passed 3-15-93) Penalty, see § 90.99
§ 90.~.$ NON-IMMU~,×~-:~ AN'/MALS.
Anyone who harbors a non-immunized cat or dog over the age of six months shall be fined $25.
(Ord. 93-OR-14, passed 3-15-93) Penalty, see § 90.99
§ 90.24 ~.LEC~ DUMI~IN(~ OR ABANDONING OF DOMESTIC OR W~D ANIMALS.
(A) Any person who is observed dumping, releasing, or otherwise depositing a domestic or wild
animal which is under their control within the boundaries of the city shall be deemed to have committed
a violation hereunder.
(B) Each person who commits an act in violation of this section shall be liable for a fine of $1,000
per animal dumped, abandoned or otherwise deposited within the boundaries of the city.
(C) Any person who is observed or caught violating the provisions of this section shall be subject
to the issuance of a citation by duly authorized animal control officers of the city, or the PoliCe
Department. Said person shah be cited into the City Court which shall have jurisdiction of this matter
and shall have the authority to assess the fines and penalties as set forth herein.
(D) Persons properly depositing animals with the Animal Shelter in accordance with the rules and
regulatinos established for such facility shall not be subject to the provisions of this section.
(Ord. 91-OR-5, passed 1-19-91) Penalty, see § 90.99
§ 90.~0 LICenSE
Any person owning, harboring, or having custody of any dog the age of six months or over within
the city must obtain a license as herein provided.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
Aninla~ 13
§ 90.31 APPLICATION; GERTAIN INFOKMATION KEO~.
On or before June 1 of each year, the owner shall apply to the City Clerk-Treasurer or hfs authorized
agent for a license for each dog owned or kept by him. The application shall include the owner's name,
address, and telephone number, and the name. breed, color, and sex of each dog and the appropriate
fee.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.3~ VACCINATION I{EQ~ BEFOF, E ISSUANCE OF LICh;NSE.
No license shall be issued unless the owner shows a certificate that the vaccination requh-ed by
§ 90.60 has been obtained.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.33 'n:;KM OF LIGENSE; PROOF OF NED'£~:;KING OR SPAYING.
Licenses shall be for a term of one year commencing on June 1 and expiring on May 31 of each
year. There shall be no proration of the license fee for licenses purchased during the term of a licensing
year. A license shall be issued after payment of the applicable fee; proof of neutering or spaying is
required.
(A) For each neutered male dog, $9..
(B) For each spayed female dog, $2.
(C) For each unneutered male dog, $5.
(D) For each unspayed female dog, $5.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.34 IDElvrm'~GATION TAG AND COLI~R P, EOUIP, ED; I{EGORD KEPT OF IDENTwflNG NUMBERS;
(A) Upon acceptance of the license application and fee, the City Clerk-Treasurer or his authorized
agent, shall issue an identification tag (license) with an identifTing number and the date of expiration.
Every owner shall provide each dog with a collar to which the license shall be affixed. The City Clerk-
Treasurer's office shall maintain a record of the identifying numbers of all licenses issued, a copy shah
be filed with the animal shelter, and a copy shall be made available to the public.
(B) Dogs must wear identification tags (licenses) at all times. If the license tag is lost, a
replacement tag may be obtained upon payment of a $1 replacement fee.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.~$ NOTICE OF VIOLATION POE FAILURE T° COMlmL¥; LATE OHAEGE.
Any owner who fails to purchase a license for his dog as required by this chapter may be issued
14 Jeffexsonvflle - General Regulations
a notice of violation. Any person who receives such a notice of violation shall obtain a license from the
City Clerk-Treesurer's office within seven working days. A $10 late charge shall be added to the normal
license fee. Upon conviction of a violation of this chapter, the owner may be pun/shed as provided in
(Ord. 78-OR-43, passed 11-6-78)
§ 90.36 LIO~tSE NON'rI~AI~r'r.;aABLE.
No person may use any license for any animal other than the animal for which it was issued, nor
shall any person remove a license from any animal without the consent of the owner.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.37 EXEMPTION,
The provisions of this subchapter shall not apply to dogs brought into the city for the purpose of
participating in any dog show, nor to seeing-eye dogs properly trained to assistant blind persons.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.45 IMPOUNDING ANIMALS AT LARG~.
Dogs found to be running at large and not under restraint, and nuisance animals shall be taken by
the animal control officers or the police and impounded.
(Ord. 78-OR-43, passed 11-6-78)
90.46 VIGIOUS
If any dangerous, ferocious, or vicious animal found at large cannot be safely taken up and
impounded, the animal may be slain by any animal control officer or police officer.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.47 REGISTR~ KEPT ON IMPOUNDED ANIMALS.
The person in charge of the animal shelter shall, upon recehring any dog, make a complete registry
entering the breed, color, and sex of the dog, and whether licensed. If licensed, the name and address
of the owner and the number of the license tag shall be entered in the registry.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.48 NOr~'~GATION OF OWNER.
Immediately upon the impounding of any dog, the agent of the animal shelter shall make every effort
possible to notify the owner of the animal and shall further notify the owner of the conditions under which
he may regain custody of the animal.
(Ord. 78-OR-43, passed 11-6-78)
(A) Impounded dogs with identification tags (licenses) shall be kept for not less than five days to
permit their owners to clahn them.
After the five-day period has elapsed, the~e animals shall be placed for adoption or euthanized if their
owners have not clahned them and paid the required fees.
(B) Impounded dogs without identification tags (licenses) shall be kept for not less than three days.
After the three-day period has elapsed, these anim~!~ shall be placed for adoption or euthanized if their
owners have not claimed them and paid the required fees.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.50 F~-'~-'S.
An owner reclairrdng an impounded animal the first ti.me the animal is impounded shall pay to the
animal shelter an impoundment fee of $50, in addition to any other regular fees charged by the animal
sheher. An owner reclaiming an impounded animal the second time the animal is impounded shall pay
to the animal shelter an impoundment fee of $75, in addition to any other regular fees charged by the
animal shelter. An owner reclaiming an impounded animal the third or subsequent time the animal is
impounded shall pay to the animal shelter an impoundment fee of $150, in addition to any other regular
fees charged by the anfirtal shelter.
Other charges:
pick-up fee $10.00
Daffy boarding fee 5.00 per day
Rabies voucher 8.00
(Ord. 78-OR-43, passed 11-6-78; Am. Ord. 93-OR-14, passed 3-15-93)
§ 90.81 RELEASE P~EO~S.
No unlicensed dog shall be released from an animal shelter without a license being issued and
without showing compliance with vaccination requirements.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.52 ISSUANCE OF NOTICE OF VIOI~ATION.
In addition to, or in lieu of impounding an animal found at large, if the owner is known, the animal
control officer or police officer may issue to the owner of the animal a notice of ordinance violation.
Upon conviction of a violation of this chapter, the owner may be punished as provided in § 90.99.
(Ord. 78-OR-43, passed 11-6-78)
16 J~ - ~ Reg~.tions
§ 90.83 AUTHORITY OF SHEL'r~ ~) DEAL wn'~l SICK OR IN]'u~'~ ANIMALS.
Nothing contained herein shall limit the animal shelter's authority to take whatever action is
reasonably necessary to deal with a sick or injured animal.
(Ord. 78-OR-43, passed 11-6-78)
RABSR$ ~ONTROL
§ 90.60 VACCINATION.
(A) No owner of any dog or cat shall keep or maintain any dog or cat unless it has been vaccinated
by a licensed veterinary surgeon with anti-rabies vaccine within one year preceding the date on which
the dog or cat is kept or maintained. No nonresident shall keep any dog or cat in this city over the age
of six months that has not been vaccinated.
(B) Proof of vaccination shall be maintained by the owner for display if requested by an officer of
the city or his agent.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.61 PROCEDURE WHEN RABIES SUSPEO'r~.
(A) If an animal is believed to have rabies or has been bitten by an animal suspected of having
rabies, such animal shall be confined on the owner's premises. It shall be placed under observation of
the county health officer or his designee at the expense of the owner for a period of ten days.
(B) No person knowing or suspecting an animal of having rabies shall allow such animal to be
taken off his premises or beyond the limits of the county without the written permission of the county
health officer or his designee.
(C) Every owner, or other person, upon ascertaining an animal is rabid, shall immediately notify the
county health officer or his designee, or the city police, who shall either impound the animal or destroy
it.
(Ord. 78-OR-43, passed 11-6-78)
(A) If any person or animal is the victim of an animal bite, the victim or witness shall immediately
notify the County Health Department or its designee of the incident, and provide a description of the
animal and the identification, if possible, of the owner. When an animal is determined to have bitten a
person or another animal, the animal shall be confined in quarantine for a period of ten days, with the
exact duration subject to the judgment of the county health officer or his designee.
(B) If the owner of the biting animal has proof of current rabies inoculation, the animal may be left
ha the charge of the owner under quarantine unless, in the judgment of the county health officer, ff should
be removed to an animal sheher or veterinary hospital for the period of observation.
(C) The owner shall be liable for costs incurred in the quarantine of the animal and for any personal
and property damage realized by the incident.
(D) If the ownership of the biting animal cannot be determined; if the owner does not furnish proof
of current rabies inoculation; or if the owner f~l~ to securely confine the animal as required, the animal
shall be impounded for the period of observation.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.?0 ISSUANCE OF ~;n'ATION; APPEAPJ~CE IN COURT; AUTHORITY TO ISSUE CITATION.
(A) In addition to, or in lieu of impounding an animal when an animal is found at large (not in
restraint), any animal control officer, police officer, or other law enforcement officer so authorized, may
issue to the owner of an animal a citation specifying the sections of this chapter violated and indicating
the specific nature of the violation. The citation shall impose upon the owner of the animal an obligation
to appear in the city court to answer the charges in the citation at the time and place indicated in the
citation.
(B) Any animal control officer, police officer, or other law enforcement officer having authority in
the city, is expressly authorized to write and issue such citations.
(Ord. 84-OR-24, passed 3-17-84)
§ 90.71 l~'r~u-'~CE wl'£rl ENFORCEMENT PROH~Brr~-',,.
No person shall in any manner resist or obstruct any animal control officer, police officer, or other
individual authorized to enforce the provisions of this chapter.
(Ord. 78-OR-43, passed 11-6-78) Penalty, see § 90.99
§ 90.?~. PRESERVATION OF CERTAIN RIG%ITS.
Nothing in this chapter shall be construed to prevent the owner of a licensed dog from recovery in
an action at law from any police officer, animal control officer, or other person, except as herein
provided.
(Ord. 78-OR-43, passed 11-6-78)
§ 90.73 STRICTER REGUI~TIONS SHALL PREVAIL.
The regulations of this chapter are minimum standards supplemental to the rules and regulations
duly enacted by the State Board of Health and to the laws of the state relating to public health. Where
any of the provisions of these regulations and the provisions of any other county or state ordinances or
regulations apply, the more restrictive of any or all ordinances or regulations shall prevail.
(Ord. 78-OR-43, passed 11-6-78)
18 Je~mvr~ - C, eneml Re~ml~tions
§ 90.74 ~ AND r'r.~S FOR j,~-'~.'J:~OlTv'rr.T.~'.-.CI~ COUNTY ~
Fines ~.nd fees regarding the adoption, release, disposal, or boarding of any animal at the
Jeffemonville-Clark County Animal Shelter shall be established as follows:
Fee
ADOPTIONS:
Adult dogs $ 8
Adult females 9
Male puppies 12
Female puppies 13
Cats and kittens 6
OWNER'S RELEASE:
Adult male or female
(In good health and under 4 years)
Litter of puppies
(3 to 6 in number per litter)
Litter of kittens
(3 to 6 in number per litter)
Adult male or female cat
(In good health and under 4 years)
Puppy or kitten
(1 or 2 in number, in good health, $1 per)
1
5
5
1
1
EUTHANASIA AND/OR DISPOSAL:
Adult male or female dog
1 to 5 pounds
5 to 25 pounds
25 to S0 pounds
50 to 100 pounds (charged according to individual status)
7
15
SHELTER RELEASE:
City of Jeffersonville
§ 90.50 violation, f'n'st offense
§ 90.50 violation, second offense
Service pickup
Board (per day)
15
25
3
3
19
City or County
Rabies observation (per day) $3
EXCLUSIONS:
No charge for adoption, shelter release and/or rabies observation for those persons on social security,
disability, veteran of foreign wars or or persons who are unemployed or a child whose mother is on ADC.
(Ord. 89-OR-10, passed 3-6-89)
DEST~UC-TION OF AN~WA~ C.~H~
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AN/MA[,. Any vertebrate organism, other than human beings, having an aggregate weight of more
than two pounds.
.~UHL~L. The act or conduct of placing an object in the ground at a depth of at least three feet at
the shallowest point.
(Ord. 92-OR-54, passed 10-5-92)
§ 90.86 CARCASSES TO BE IN PI~SER'v~=;u STATE.
The Animal Shelter shall only be responsible to handle animal carcasses which have been preserved
in a state to prevent decomposition of the animal carcass. Carcasses which are in an unhealthy state
of decomposition shall not, at the discretion of the Animal Shelter, be disposed of.
(Ord. 92-OR-54, passed 10-5-92)
§ 90.8/ ~.,.:~:.4 FOR DESTRUCTION OF ANIMAL CARCASSES.
(A) The fee to be charged for the destruction of animal carcasses shall be $1 per animal,
however, an additional $t shall be charged for every five pounds of weight of the animal carcass.
(B) Animal carcasses may be disposed of by the Animal Shelter consistent with the terms of this
subchapter. However, it shall be unlawful for any person to dispose of or dump an animal carcass in
the city in a manner inconsistent with the health code of the state. Any person who disposes of an
animal carcass in a manner other than burial or by cremation will have violated this subchapter. The
improper disposal of each animal carcass constitutes a separate offense under this subchapter.
(Ord. 92-OR-54, passed 10-5-92)
20 Je~so~ - C, eneml P,e~lations
(A) Any person violating any provision of this chapter shall be deemed guilty of an offense
and shall be punished by a frae of not more than $2,500. Each day a violation continues shall be deemed
a separate offense.
(B) A person violating the provisions of § 90.07 shall be fined up to $100 for each day the
violation continues.
(C) A person who violates §§ 90.85 through 90.87 by failure to pay the aforesaid fees or by
improper disposal or destruction of an animal carcass shall be fined an amount not less than $50 and
not more than $500.
(Ord. 78-OR-43, passed 11-6-78; Am. Ord. 92-OR-54, passed 10-5-92; Am. Ord. 93-OR-14, passed 3-15-93)
CHAPT~ 91: FAIR HOUSING
Section
91.01 Policy
91.02 Definitions
91.03 Unlawful practice
91.04 Discrimination in the sale or rental of housing
91.05 Discrimination in residential real estate-related transactions
91.06 Discrimination in the provision of brokerage serwces
91.07 Interference, coercion, or intimidation
91.08 Prevention of intimidation in fair housing cases
91.09 Exemption
91.10 Administration; Enforcement
§ 91.01 POLICY.
It shall be the policy of the city to provide, within constitutional limitation, for fair housing
throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, as amended,
the federal Housing and Community Development Act of 1974, as amended, and lC 22-9.5-t et seq.
(Ord. 93-OR-24~ passed 4-5-93)
§ 91.0~. DEFINrriONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
.D~.~;~.~W'~. Any building, structure, or part of a building or structure that is occupied as, or
designed or intended for occupancy as, a residence by one or more families, or any vacant land which
is offered for sale or lease for the construction or location of a building, or structure that is occupied as,
or designed or intended for occupancy as a residence by one or more families. (lC 22-9.5-28)
Includes a single individual, with the status of such family being further defined under
$~IT[~. (IC 22-915-2-9)
p.~2~'0.1¥, Includes one or more individuals, corporations, partnerships, associations, labor
organizations, legal representatives, mutual companies, joint-st°ck c°mpanies, trusts, non-incorporated
organizations, trustees, tn.tstees in cases under Title 11 of the United States Code, receivers, and
fiduciaries. (IC 22-9.5-2-11)
~.~E~/', Includes to lease, to sublease, to let and otherwise grant for a consideration the right
to occupy the premises owned by the occupant. (IC 22-9.5-2-13)
21
22 Je/~senvflle - C, eneml P,~uhtions
DI~TOIiTI-IOUSINGPRACTICE. An act that is unlawful under §§ 91.04 through 91.08.
(IC 22-9.5-5)
.r./ANDIC. A~. With respect to a person:
(1) A physical or mental impah'rnent which substantially limits one or more of such
person's major life activities;
(2) A record of having such an impairment;
(3) Being regarded as having such an impairment;
(4) An impairment described or defined pursuant to the Federal Americans with
Disabilities Act of 1990; or
(5) Any other impairment defined under IC 22-9.5-2-10.
Such term does not include current, illegal use of or addictien to a controlled substance as
defined in Section 802 of Title 21 of the United States Code; nor does the term include an individual
solely because that individual is a transvestite. (IC 22-9.5-2-10(b) and (c).
Includes any person who:
(1) Claims to have been iniured by a discriminatory housing practice; or
(2) Believes that such person will be injured by a discriminatory housing practice that
is about to occur. (IC 22-9.5-202)
.F2~/1T,~ ST. AT't~. One or more individuals (who have not attained the age of 18 years) being
domiciled with:
(1) A parent or another person having legal custody of such individual or the written
permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any
person who is pregnant or is in the process of securing legal custody of any individual who has not
attained the age of 18 years.
CO.4/Td~O~. The Indiana Civil Rights Commission created pursuant to IC 22-9-1-4, et seq.
(IC 22-9.5-2-3)
C*OMPI~12V. AN~. A person, including the Commission, who files a complaint under IC 22-9.5-6.
(IC 22-9.8-2-4)
(Ord. 93-OR-24, passed 4-5-93)
§ 91.05 UNI~Wt'o% PRACTICE.
Subjec! 1o the provisieus of division (B) and § 91.09 and IC 22-9.8-3, lhe prohibitions againsl
discrimination in the sale or rental of housing set forth in IC 22-9.8-8-1 and § 91.04 shall apply
F~r Ho~g 23
(A) All dwellings except as exempted by division (B) and IC 22-9.5-5*3.
(B) Nothing in § 91.04 (other than division (C)) shall apply to:
(1) Any single-family house sold or rented by an owner where the private individual
owner does not own more than three such single-family houses at any one trine; provided that in the sale
of such single-family house by a private individual owner not residing in the house at the time of sale or
who was not the most recent resident of such house prior to the sale, the exemption shall apply only to
one such sale within any 24 month period. The private individual owner may not own any interest in~
nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from
the sale or rental of more than three such single-family houses at any one time. The sale or rental of any
such single-family house shall be excepted from application cf this section only if such house is sold or
rented:
(a) Withoul the use in any manner of the sales or rental facilities or services
of any real estate broker, agent or salesman, or any person in the business of selling or renting
dwellings, or of any employee or agent of any such broker, agent or salesman, or person;
(b) Without the publication, posting or marling, after notice of advertisement
or written notice i~ violation of § 91.04(C) of this chapter, but nothing in this provision shall prohibit the
use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as
necessary to perfect or transfer this title: or
(c) Rooms or units in dwellings containing living quarters occupied or intended
to be occupied by no more than four families living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his residence.
(C) For the purposes of division (B), a person shall be deemed to be in the business of selling
or renting dwellings if:
(1) He has, within the preceding 12 months, participated as principal in three or more
transactions involving the sale or rental of any dwelling or any interest therein:
(2) He has, within the preceding 12 months, participated as agent, other than in the
sale of h~s own personal residence, in providing sales or rental facilities or services in two or more
transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling unit designed or intended for occupancy by, or
occupied by, five or more families.
(Ord. 93-OR-24, passed 4-5-93)
§ 91.04 DISC~TION IN ?HE SA~E OR RENTAL OF HOUSING.
As made applicable by § 91.03 and except as exempted by § 91.03(B) and § 91.09, it shall be
unlawful:
(A) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for
the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race,
color, religion, sex, familial status or national origin.
Je~'sonv~le - C.,eneral Regulations
(B) To discriminate against any person in the terms, conditions, or pr/vileges of sale or rental
of a dwelling, er in the provision of services or facilities in connection therewith, because of race, color,
religion, sex, familial status or national origin.
(C) To make, print, or publish, or cause to be made, printed, or published any notice,
statement or advertisement, with respect to the sale or rental of dwelling that indicates any preference,
limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin,
or an intention to make any such preference, limitation, or discrimination.
(D) To represent to any person because of race, color, religion, sex, handicap, fam~lf~ status
or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is
in fact so available.
(I~) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or perspective entry into the neighborhood of a person or persons
of a particular race, color, religion, sex, handicap, familial status or national origin.
(F) (1) To discriminate in the sale or rental, or to Otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a handicap of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that dwelling afier it is so sold,
rented, or made available; or
(c) Any person associated with that person.
(9.) To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling,
because of a handicap of:
(a) That person;
(b) A person residing in or intending to reside in that dwelling afier it is so sold,
rented, or made available; or
(c) Any person associated with that person.
(3) For purposes of this subdivision, discrimination includes:
(a) A refusal to permit, at the expense of the handicapped person, reasonable
modifications of existing premises occupied or to be occupied by such person if such modifications may
be necessary to afford such person full enjoyment of the premises except that, in the case of a rental,
the landlord may, where it is reasonable to do so, condition permission for a modification on the renter
agreeing to restore the interior of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
(b) A refusal to make reasonable accommodations in rules, policies, practices,
or services, when such accommodations may be necessary to afford such person equal opportunity to
use and enjoy a dwelling; or
F ir Housing 25
(c) In connection with the design and construction of covered multi-family
dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design
and construct those dwellings in such a manner that:
1. The public use and common use portions of such dwellings are
readily accessible to and usable by handicapped persons;
2. All the doors designed to allow passage into and within all prernises
within such dwellings are sufficientlY wide to alloW passage bY handicapped persons in wheelchairs; and
Ail premises within such dWellings contain the following features
of adaptive design:
a. An acceSSible route into and through the dwelling;
b. Light, switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
c. Reinforcements in bathroom walls to allow later installation
of grab bars; and
d. Usable kitchens and bathrooms such that an individual in
a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the Americans with Disabilities
Act of 1990 and of the American National Standard for buildings and facilities providing accessibility and
usability for physically handicapped people (commonly cited as "ANSI A117. I") suffices to satisfy the
requirements of subdivision (3) (c)3.
(5) Nothing in this subsection requires that a dwelling be made available to an
individual whose tenancy would constitute a direct threat to the health or safety of other individuals of
whose tenancy would result in substantial physical damage to the property of others.
(Ord. 93-OR-24, passed 4-5-93)
§ 91.0~ DISG'P/MINATION IN KE$1DENTIAL PEAL ~TATE-I~.%T~-;u TRANSACTIONS.
(A) It shall be unlawful for any person or other entity whose business includes engaging in
residential real estate-related transactions to discriminate against any person in making available such
a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex,
handicap, familial status, or national origin.
(B) As used in this section, the term "residential real estate-related transaction" means any of
the following:
(1) The making or purchasing of loans or providing other financial assistance:
For purchasing, constructing, improving, repairing, or maintaining a
(a)
dwelling; or
26 Jefre., mv - ¢.,ener
(b) Secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
(C) Nothing in this chapter prohibits a person engaged in the business of furrdshing appraisals
of real property to take into consideration factors other than race, color, religion, national origin, sex,
handicap, or fam~!i~l status or national origin.
(Ord. 93-O1{-24, passed 4-5-93)
§ 91.0~ D~SCRIMINATION IN ~ PROV~ION OF BRO~':~AGE
It shall be unlawful to deny any person access to or membership or participation in any
multiple-listing service, real estate brokers organization or other service, organization, or facility relating
to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions
of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial
status or national origin.
(Ord. 93-OR-24, passed 4-5-93)
§ 91.07 IN'rr..a~-'~C~.., COERCION, OR IN'rI.,VflDA'I'ION.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise
or enjoyment of, or on account of his ha'ting exercised or enjoyed, or on account of his having aided or
encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 91.03
through 91.06 of this chapter.
(Ord. 93-OR-24, passed 4-5-93)
§ 91,08 PREVENTION OF II¥£m~flDATION IN FAI~ HOUSING CASES.
Whoever, whether or not acting under color of law, by force or threat of force willfully iniures,
intim/dates or interferes with, or attempts to injure, intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, handicap, familial status, or national
origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting
or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or
participating in any service, organization, or facility relating to the business of selling or renting
dwellings; or
(B) Any person because he is or has been, or in order to intimidate such person or any other
person or any class of persons from:
(1) Participating, without dfscrirrdnation on account of race, color, religion, sex,
handicap, familial status, or national origin, in any of the activities, services, organizations or facilities
described in subsection 15(a); or
(2) Affording another person or class or persons opportunity or protection so to -'~.
participate; or
27
(C) Any citizen because he is or has been, or in order to discourage such citizen or any other
citizen from lawfully aiding or encouraging other parsons to participate, without discrimination on
account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities,
services, organizations or facilities described in div.'on (A), or participating lawfully in speech or
peaceful assembly opposing any denial of the opportunity to pa~icipate shall be fined not more than
$1,000, or imprisened not more than one year, or both; and if bodily injury results shall be fined not
more than $10,000, or imprisoned for not more than ten years, or both; and if death results shall be
subject to imprisonment for any term of years or for life.
(Ord. 93-OR-~.4, passed 4-5-93)
§ 91.09
(A) Exemptions defined or set forth under IC 22-9.5-2 et seq. shall be exempt from the
provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C)
of this section.
(B) Nothing in this chapter shall prohibit a religious organization, association, or society, or
any nonprofit institution or organization operated, suparvised or controlled by or in conjunction with a
religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings
which it owns or oparates for other than a commercial pUrPose to persons of the same religion, or from
giving preference to such parsons, Unless membership in such religion is restricted on account of race,
color or national origin. Nor shall anything in this chapter prohibit a private club not in fact opan to the
public, which as an incident to its primary purpose or purposes provides lodgings which ff owns or
operates for ether than a commercial purpose, from limiting the rental or occupancy of such lodgings
to its members or from giving preference to its members.
(c) (1)
for older parsons.
(2)
Nothing in this chapter regarding familial status shall apply with respect to housing
As used in this section, "housing for older parsons" means housing:
(a) Provided under any state or federal program that the Secretary of the
Federal Department of Housing and Urban Development or the state Civil Rights Commission
deterra/nes is specifically designed and operated to assist elderly parsons (as defined in the state or
federal program); or
(b) Intended for, and solely occupied by, persons 62 years of age or older; or
Intended and operated for occupancy by at least one parson 55 years of
(c)
age or older par unit.
(Ord. 93-OR-24, passed 4-5-93)
§ 91,10 ADMINISTRATION; ENFORCEMENT,
(A) The authority and responsibility for properly adm/nistering this chapter and referral of
complaints hereunder to the Commission as set forth in divisions (B) hereof shall be vested in the Chief
Executive Officer of the city.
28 Je~en~o~ - C.,ener~ P,e~al~tions
(B) Notwithstanding the provisions of IC 2~.-9.$-4-8, the city, because of a lack of financial and
other resources necessary to fully administer enforcement proceedings and possible civ/1 actions under
this chapter, herein elects to refer all formal complaints of violaiion of the sections of this chapter by
complainants to the InS!~na Civil Rights Co--on for administrative enforcement actions pursuant to
IC 22-9.5-6 of and the Chief Elected officer of the city shall refer all said complaints to the Commission
as provided for under division (A) of this section to said Commission for purposes of investigation,
resolution and appropriate relief as provided for under IC 22-9.5-6.
(C) All executive departments and agencies of the city shall administer their departments,
programs and activities relating to housing and urban development in a manner ~rraatively to further
the purposes of this chapter and shall cooperate with the Chief Executive Officer and the Commis~on
to further such purposes.
(D) The Chief Executive Officer of the city, or the Chief Executive Officer's designee, Shall
provide information on remedies available to any aggrieved person or complainant requesting such
information.
(Ord. 93-OR-24, passed 4-5-93)
Section
92.01 Definitions
92.02 Starting fires carelessly
92.03 S~ze of water pipes used for fire protection
92.04 F~e lanes on private property; devoted to public use
92.05 Closing places of public assembly
92.06 Open burning
92.15 Adoption of code
92.16 Amendments
92.17 Enforcement
92.18 Modifications
92.25 New materials, processes, or occupancies which may require peri. ts
92.26 Refusal to grant permit appeal
92.35 Establishment of limits of districts in which storage of explosives and blasting agents is
prohibited
92,36 Establishment of motor vehicle routes for vehicles transporting explosives and blasting
agents
92.37 Establishment of limits of districts in which storage of flammable liquids in outside
aboveground tanks is prohibited
92.38 Establishment of limits of districts in which new bulk plants for storage of flammable or
combustible liquids is prohibited
92.39 Establishrnent of motor vehicle routes for vehicles transporting hazardous chemicals or
other dangerous articles
92.40 Establishment of limits of districts in which bulk storage of liquefied petroleum gases is
restricted
29
30 Je/~monvfile - C-e~eral P, eguhtions
92.50 Established
92.51 Supervision
92.52 Fire Marshal
92.53 Firefighters to act as inspectors
92.54 Technical inspectors; appointment, removal
92.55 Reports, recommendations
92.65 Definitions
92.66 Smoke detectors required
92:67 Type, placement of smoke detectors
92.68 Insta~ation, maintenance of smoke detectors
92.69 Enforcement
92.70 Stricter regulations shall prevail
92.99 Penalty
Fire Department, see Ch. 33
Unventable gas-fire room heaters, see ~ 130.01
§ 92.01 Dr.~'U~iT~ONS.
For the purpose of §§ 92.02 through 92.55 the following de/initions shall apply unless the context
clearly indicates or requires a different meaning.
CIlit;,l-' OF TI'~ BURF~U OF FIRE P~ON, The F/re Marshal.
C;OF, POItATION COb'NSEC. The Attorney for the city.
.M[rJ~C/IV,~r.J'/~. The City of Jeffersonville, Indiana.
('77 Code, § 8-2) (Ord. 72-OR-36, passed 12-4-72)
§ 9~.0~ STA~T~ F~P~S CA~.~SLY.
No person shall, by any means whatsoever, through carelessness, neglect, or negligence, set fire
to, or cause the burning of any bedding, furniture, rug, curtain, drape, or other household furn/shing or
fitting or any other part of a building or premise, in any hotel, motel, rooming house, lodging house,
apartment house, tenement house, convalescent home, nursing home, home for the aged, hospital, child
care facility, or sirailar place of abode in such a manner as to endanger the safety of any person or
property.
('77 Code, § 8-4) (Ord. 72-OR-36, passed 12-4-72) Penalty, see § 92.99
31
§ 92.08 SIZE OF WA'I'~i~ PIPES U~ED FOR FIRE
All water mains installed after July 7, 1958, with respect to which fire protection shall be requested
for the benefit of owners of property adjoir~ng or served from such mains shall be made with pipe with
an inside ~meter of not less than slx inches.
('77 Code, § 8-5) (Ord. 1476, passed 7-7-58)
§ 9~.04 PIRE hANES ON PEIVATE PROPERTY; DEVO'r~-',, TO PUBLIC USE.
The fire lanes referred to in section 28.16 of the Fire PreventiOn Code, may, from time to time,
be established by the Board of Public Works and Safety as may become necessary.
('77 Code, § 8-13) (Ord. 72-OR-36, passed 12-4-72)
§ 92.08 CLOSING PI~CES OF PUBLIC ASSEMBLY.
The Chief of the Fire Department or his delegate is authorized to close a place of public
assembly, as defined in the Life Safety Code, 1970 edition, NFPA no. 101, section 8.1, paragraph no. 8-
1131, by padlocldng same or by placing a notice "closed to the public", on the entrance doors,
immediately upon expiration of the time given in writing, to correct any certain hazard, or upon the
discovery of any condition where there is imminent peril because of over-crowding or any condition that
creates a hazard to life and the safety of the occupants of such premises to close same immediately.
('77 Code, § 8-15) (Ord. 72-OR-36, passed 12-4-72)
§ 9~..08 OPEN BUEN'ING.
It shall be unlawful for any person to burn any trash, leaves, or other material or product between
6:00 p.m. and 9:00 a.m. However, this section shall not apply to the burning of the trash, leaves, or other
materials or products in any stove, furnace, or other container within any residence or building.
('77 Code, § 8-19) (Ord. 1439, passed 3-4-57) Penalty, see § 92.99
FiRE PREVENTION CODE
§ 92.18 ADOPTION OF CODE.
There is hereby adopted for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, the most current edition of the Fire Prevention
Code recommended by the American Insurance Association, save and except such portions as are
hereinafter deleted, modified or amended, two copies of which are now on file in the office of the Clerk-
Treasurer and available for public inspection, and the same is hereby adopted and incorporated as fully
as if set out at length herein.
('77 Code, § 8-I) (Ord. 72-OR-36, passed 12-4-72)
32 Jef~amo~ - C, eaeral Regulations
§ 92.16 AMENDMENTS.
The fire prevention code is amended and changed in the following respects:
(A) Section 1.1 is hereby amended as follows:
It is the intent of this code to prescribe regulations consistent with nationally recognized good
practice for the safeguarding to a reasonable degree of life and.property from the hazards of fire and
explosion arising from the storage, handiing and use of hazardous substances, materials and de~ces,
and from conditions hazardous to life or property in the nse or occupancy of buildings or premises.
Compliance with current standards, as they may be revised and amended from year to year, of the
American Insurance Association or the National Fire Protection Association or other approved nationally
recognized safety standards shall be deemed to be prima facie evidence of compliance with this intent.
(B) Section 1.4a. is hereby amended to read as follows:
It shall be the duty of the chief of the fire department to inspect or cause to be inspected by the
bureau of fire prevention, or by the fire department officers or members of the fire department when
directed by the chief all buildings and premises within the city, including aparlment buildings housing
three (3) or more apartments or families, buildings or dwellings in such a state of disrepair or dilapidated
condition, whether or not the reason for such dilapidation is from vacancy or any other reason and where
such dilapidation affects the health or safety of the occupants thereof or neighbors thereto, may be
inspected as often as may be necessary for the purpose of correcting such conditions or ascertaining
whether any conditions exist that would likely or would be liable to cause fire or endanger life from fire,
and such inspection may be made for any violation of the provisions of the intent of this code or any
other ordinance affecting the safety of the public by reason of any fire or other hazard.
This section shall not apply to dwellings which are occupied or constructed for either one or two
(2) families.
(C) Section 1.4c. is hereby amended to read as follows:
In any case where a provision of this chapter is found to be in conflict with the provisions of any
zoning, building, plumbing, electrical, heating, ventilation, or safety code of the City of Jeffersonville,
Indiana, existing on December 4, 1972, the provision which establishes the higher standard for the
promotion ~nd protection of the health and safety of the people shall prevail;
(D) Section 1.Sf. is hereby amended to read as follows:
Any building or other structure which for want of repairs, lack of adequate exit facilities, automatic
or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated
condition, damaged by fire, or from any other cause, creates a hazardous conditicn~
(E) Section 1.6a. is amended by adding the following:
If, after diligent inquiry, the place of abode or residence of the owner or person in charge cannot
be ascertained, then notice to such person may be given by publication in a newspaper of general
circulation in the community qualified to publ/sh legal notices as follows: Once each week for two (2)
consecutive weeks with the time for such hearing set not sooner than ten (10) days after the last
publication.
~ P~ S~ D~tectom 33
(F) Section 1.7 is hereby amended by adding a subsection d. as follows:
Any building or structure damaged by fire, explosion or from any other cause shall not have
utilities restored nor shall occupants, owners, or anyone else be permitted on premises, unless
accompanied by a fire department officer, until such building or structure has been declared secured
and safe for reentry by the chief of the fire department, chief of the fire prevention bureau, chief officer
or acting chief officer.
(G) Section 1.9c is hereby amended to read as follows:
All applications for a perrrdt required by this code shall be made to the building commissioner
in such form and detail as that office shall prescribe. Applications for permits shall be accompanied by
such plans as required by the building commissioner, All such applications for a permit and plans
required by this code submitted to the building commissioner shall then in turn be reviewed and
approved by the chief of the fire prevention bureau.
(H) Section 5.1 is added as follows:
Section 5.1 Establishing rules and regulations governing self-service stations.
1. Self-service stations shall mean that portion of property where flammable and combustible
liquids used as motor fuels are stored and subsequently dispensed from fixed approved dispensing
equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.
2. Approved dispensing devices such as coin-operated, card operated and remote controlled
types are permitted at self-service stations available and open to the public, provided that all dispensing
of class I liquids shall at all times be under the immediate observation and control of a competen!
attendant who shall not engage in duties other than those pertaining to the operation of the dispensing
of flammable liquids.
3. During the actual dispensing of class I flammable liquids the attendant or supervisor on duty
must be in direct communication with those persons performing such dispensing. An approved two-way
communications system shall be considered to be in compliance.
4. It shall be the specific responsibility of the attendant to (1) prevent the dispensing of class I
liquids into portable containers not in compliance with:
a. Except when sold in the original sealed container as put up for package sale or distribution
by the manufacturer or packager with suitable and generally recognized precautionary labeling, no
gasoline or benzene nor any naphtha having a flash point at or below 70 degrees Fahrenheit (closed cup
test) shall be sold or filled into any drum, can or other portable container unless the container is of metal
and colored red and labeled with the common name of the product and the word "FLAMMABLE".
b. No kerosene, fuel oil or similar liquid shall be filled into any portable container colored red.
c. Dispensing containers. No delivery of any class I or II fiarnmable liquids shall be made into
portable containers of six (6) gallons capacity or less unless the container is of sound metal construction
or is approved by the authority having jurisdiction, has a tight closure with screwed or spring cover and
is fitted with a spout or So designed that the contents can be poured without spilling or can be safety
withdrawn by connection to a fuel line.
34 Je~sonv~le - ~ Regulations
d. Bulk sales prohibited. No motor fuels shall be dispensed at any service station except directly
into the fuel tanks of motor vehicles, when such tanks are connected with the carburetion systems of
such vehicles, provided, however, that individual sales of up to slx (6) gallons may be made in containers
meeting the requirements of sections a and c.
4.1 (2) C~ntr~~seuroes~£igniti~n;(3)Immediate~yhand~eaccidenta~spi~~sand~reextinguishers
if needed; and (4) refuse service to any customer who is smoking or who appears, for any reason, to be
unable or incompetent to participate in the dispensing of class I liquids. The attendant or supervisor on
duty shall be mentally and physically capable of Performing the functions and assuming the responsibility
prescribed in this section.
4.2 Fire extinguishers. The type, size and location of fire extingnishers for self-service stations
shall be determined by the authority having jurisdiction.
8. Emergency power cut-off. A clearly identified and easily accessible switch(es) or circuit
breaker(s) shall be provided at a location remote from dispensing devices, including remote pumping
systems, to shut off the power to all dispensing devices in the event of an emergency. Control(s) shall
be not more than seventy-five (75) feet from dispensers. One single emergency switch shall be
considered to be in compliance.
6. Operating instruction printed in not less than one-half inch black letters on a constrasting
background shall be posted at each self-service dispensing device and in full view so as to g/ye
complete and clear instructions for its oPeration. Warning signs printed in not less than three inch letters
on a contrasting background shall be conspicuously posted in the dispensing area incorporating the
following or equivalent wording: (a) WARNING - IT IS UNLAWFUL AND DANGEROUS TO DISPENSE
GASOLINE INTO UNAPPROVED CONTAINERS; (b) NO SMOKING; and (c) STOP MOTOR.
7. The dispensing area shall be, at all times, in clear view of the attendant and the placing or
allowing of any obstacle to come between the dispensing area and the attendant control area shall be
prohibited, provided, however, the presence of motor vehicles in the service driveway for the purpose
of being serviced shall not be considered to be an obstacle as prohibited in this paragraph. The use
of indirect reflections or other mechanical devices to accomplish such view is prohibited.
8. Hose nozzles used on self-service devices at self-service stations shall be of the approved
automatic closing type without a latch-open device. Approved dispensing units must utilize approved
swivels on the nozzle hose end.
9. No dwelling unit for the attendant or sleeping facilities for the attendant shall be maintained
in, or on, the premises of a self-service station closer than one hundred (100) feet from class I flammable
liquid self-service dispensing devices, or fifty (60) feet from class II flammable liquid self-serv/ce
dispensing devices.
('77 Code, § 8-6) (Ord. 72-OR-36, passed 12-4-72; Am. Ord. 76-OR-13, passed 7-12-76)
§ 9~.17 ENI:'OR~.
The Bureau of Fire Prevention shall enforce the provisions of the fire prevention code.
('77 Code, § 8-14) (Ord. 72-OR-36, passed 12-4-72)
Fire Preve~on; Smoke Detectors
35
§ 92.18 MODIFICATIONS.
(A) The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions
of the fire prevention code upon application in writing by an owner or lessee, or his duly authorized
agent, when there are practical ai~culties in the way of carrying out the strict letter of the cede,
provided that its spirit shall be observed, public safety shall be secured, and substantial iustice done.
(B) The particulars of such modification when granted or allowed and the decision of the Chief
of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department and a
signed copy shall be furnished the applicant.
('77 Code, § 8-16) (Ord. 72-OR-36, passed 12-4-72)
§ g~.fl8 ~:w MA'r.~dALS, PROCESSES, OR OCCUPANCIES WI'~CH MAY I~EOUII~ PERM1TS.
(A) The Board of Public Works and Safety, the Chief of the Fire Department, and the Chief of
the Bureau of Fire Prevention shall act as a committee to determine and speck~y, after giving affected
persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require
permits, in addition to those now enumerated in the fire prevention code.
(B) The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his
office, and distribute copies thereof to interested persons.
('77 Code, § 8-17) (Ord. 72-OR-$6, passed 12-4-72)
§ 99..~.6 I~JSAL TO GRANT PEK_MIT; APPEAL.
Wlsenever the Chief of the Bureau of Fire Prevention disapproves an application for or refuses
to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code do not
apply or that the true intent and meaning of it has been misconstrued or wrongly interpreted, the
applicant for a permit may. appeal from the decision of the Chief of the Bureau of Fire Prevention to the
Board of Public Works and Safety within 30 days from the date of the decision so appealed.
('77 Code, § 8-20) (Ord. 72-OR-36, passed 12-4-72)
§ 92.38 ESTABLISHMENT OF LIM1TS OF DISTKICTS IN WHICH STORAGE OF EXPLOSIVES AND
BLASTING A~TS IS PROHIBITED.
The limits referred to in section 19..5b of the fire prevention code, in which storage of explosive
and blasting agents is prohibited shall be zones RI, R2, BI, B2, B3, and BSC as they appear on the city's
official zoning map.
('77 Code, § 8-7) (Ord. 72-OR-36, passed 12-4-72)
36 Je~emonviUe - C, eneral Regulations
§ 92.3~ E~TABI~SHMI~ OF MOTOR VEI'~CLE ROD'r~-.~ fOR '¢~I-IIC~$ TRANSPORTING
E~LOSIVES AND BLASTING A~.~.
The routes referred to in section 12.7m of the fire prevention code for vehicles transporting
explosives and blasting agents are established as may be, from time to time, designated by the Board
of Public Works and Safety as conditions warrant.
('77 Code, § 8-8) (Ord. 72-OR-36, passed 12-4-72)
§ 92.3/' ESTABLISHMENT OF I,I]~,~S OF DISTItlCTS IN WHICH STORAGE OF FLAMMABLE MOULDS
IN OUTSIDE ABOVEGROUND TANKS IS PROHIBn'--', ,.
The limits referred to in section 16.22a of the fire prevention code in which storage of flammable
liquids fit outside aboveground tanks is prohibited shall be districts R1, R2, B1, B2, B3, and BSC as they
appear on the city's official zoning map.
(,77 Code, § 8-9) (Ord. 72-OR-36, passed 12-4-72)
§ 9~..38 ESTABLIS~ OF LIIVIITS OF DISTRICTS IN WI-l/CH l~:w BULK PLANTS FOR TI~
STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IS PROPIIS~T~-:u.
The limits referred to in section 16.61 of the fire prevention code, in which new bulk plants for
flammable or combustible liquids are prohibited shall be districts as follows: R1, R2, B1, B2, B3, and BSC
as they appear on the city's official zoning map.
('77 Code, § 8-10) (Ord. 72-OR-36, passed 12-4-72)
§ 92.39 ESTABLmHlVlENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING
I'~..J~DOUS CHEMICALS OR OTH~ DAI~OUS ARTICLES.
The routes referred to in section 20. I4 of the fire prevention code for vehicles transporting
hazardous chemicals and other dangerous articles are established as may be, from time to time,
designated by the Board of Public Works and Safety as conditions wan'ant.
('77 Code, § 8-11) (Ord. 72-OR-36, passed 12-4-72)
§ 92.40 ESTABLISHIVIENT OF LIM1TS OF DISTI~ICTS IN WHICH BULK STORAGE OF
PETROLEUM GASES IS RESTRIC'nuu.
The limits referred to in section 21.6a of the fire prevention code, in which bulk storage of
liquefied petroleum gas is restricted shall be within the corporate limits and underground only.
('77 Code, § 8-12) (Ord. 72-OR-36, passed 12-4-72)
§ 92.80 ESTABhlS~':-.
There is established within the Fire Department a Bureau of Fire Prevention.
('77 Code, § 8-61) (Ord. 72-OR-36, passed 12-4-72)
Fh'e Prevention; Smoko DeteCtom 37
§ 9~.51 SUPER¥1SION.
The Bureau of Fire Prevention shall be operated under the supervision of the Chief of the Fire
Department.
('77 Code, § 8-62) (Ord. 72-OR-36, passed 12-4-72)
(A) There is established within the Bureau of Fire Prevention the position of Fire Marshal.
('77 Code, § 8-63)
(B) The Fire Marshal shall be appointed by the Board of Public Works and Safety on the basis
of an examination to determine his qualifications. ('77 Code, § 8-64)
(C) The Fire Marshal shall serve during good behavior and satisfactory service, and shall not
be removed from office except for cause. ('77 Code, § 8-65)
(D) Subject to the supervision of the Chief of the Fire Department, the Fire Marshal shall be in
charge of the Bureau of Pire Prevention. ('77 Code~ § 8-66)
(Ord. 72-OR-36, paSSed 12-4-72)
§ 92.53 Fw, r.u--~G'h'n:w,S TO ACT AS INSPECTORS[
The Chief of the Fire Department may detail such fire fighters to the Bureau of Fire Prevention as
inspectors as he deems necessary.
('77 Code, § 8-67) (Ord. 72-OR-36, passed 12-4-72)
(A) The Chief of the Fire Department shall recommend to the Board of Public Works and Safety
the employment of technical inspectors in the Bureau of Fire Prevention. ('77 Code, § 8-68)
(B) Appointment and removal.
(1) AIl individuals to be appointed as technical inspectors in the Bureau of Fire Preventi°n
shall be selected through an examination in order to determine their fitness for the position.
(2) The examination shall be open to all, and appointments shall be made only after
examination and acceptance by the pension beard of trustees of the Fire Department.
(3) All such appointments shall be for an indefinite term with removal only for cause.
('77 Code, § 8-69)
(Ord. 72-OR-36, passed 12-4-72)
38 Je~emo~ - ~ P. eoul~ns
§ 9~.88 I~EPORT$; i~COMMENDATIONS.
The Bureau of Fire Prevention shall make a report annually and transmit it to the Mayor and
Common Council; it shall contain all proceedings under the fire prevention code, with such statistics as
the Chief of the Fire Del:~.rtment may wish to include therein. In such report the Chief of the Fire
Department shall also recommend any amendments to the code 'which, in his judgment, are desirable.
('77 Code, § 8-70) (Ord. 78-OR-36, passed 12-4-72)
SMOEE D~R$ IN R~VTAL HOUSING
For the purpose of this subchapter the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
D~'k/hL/NG' U/F/TS. Any group of rooms located within a building and forming a single
housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking, or
eating.
r,,~.,~,L.~WG~. Any building which contains one or more dwelling units or any rooming units,
rooms~ or area designated or used for sleeping purposes either as a primary use or use on easual
occasions. Dwellings shall include condominiums, rooming houses, hotels, motels, tourist homes, school
dormitories, and apa~ment buildings.
Any person, firm, or corporation who alone, jointly or severally with others:
(1) Shall have all or part of the legal title to any dwelling er dwelling units, with or without
accompanying actual possession thereof, or shall have all or Part of the beneficial ownership of any
dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in
possession; or
(2) Shall have charge, care, or control of any dwelling or dwelling unit as owner, or as
executor, administrator, trustee, guardian of the estate, or duly authorized agent of the owner. Any such
person thus representing the actual owner shall be bound to comply with the owner's obligations under
th~s subchapter.
ROO~IqG' UN/T. Any room which is designed or used for sleeping purposes. A rooming unit
may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory, or an
apartment building which may or may not have some additional facilities for eating or cooking contained
therein.
(Ord. 82-OR-39, passed 1-3-83)
§ 92.66 SMOKE DETECTORS REQUIP,~D.
(A) Subiect to such exceptions and conditions for compliance as stated herein, s/x months after
the effective date of this sub~hapter, smoke detectors shall be required in all dwellings rented for
occupancy.
~ Pmmntion; Snu3ke Detectors 39
(B) Dwellings meeting the Uniform Building Code of the state standards for smoke detectors
shall not be requ~ed to install smoke detectors.
(Ord. 82-OR-39, passed 1-3-83) Penalty, see § 92.99
§ 9~.67 'l-~F. PLA~ OF SMOKE DETECTORS.
(A) In order to comply with this subchapter, only ionization or photo electric type detectors shall
(B) Smoke detectors shall be approved by a nationally-recognized testing laboratory. (This
means that the smoke detector itself shall be labeled and not just the cord).
(C) Smoke detectors with power supplies other than a hard wire AC primary power source may
be powered by self-monitored batteries or operated from an electrical outlet which is fitted with a plug
restraining device, providing that the outlet is not controlled by any switch other than the main power
supply.
(D) Smoke detectors shall be placed in accordance with applicable National Fire Protection
Association Standards. Detectors may be ceiling or wall mounted providing that if wall mounted they
shall be within 12 inches, but not closer than six inches of the ceiling.
(E) In a dwelling unit which contains a well-defined sleeping room separated from the other
activity areas of the same unit, the detectors shall be located in the corridors within the unit or interior
area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated or
where a single smoke detector Will not adequately service all sleeping areas, there shall be a smoke
detector installed adjacent to each sleeping area.
(F) In a rooming unit the smoke detector shall be centrally lOcated on ceiling.
(G) In a dwelling containing two or more dwelling units or any rooming unit, in addition to the
requirements for individual smoke detectors in each dwell/ng unit or rooming unit, detectors shall be
placed in centrally located common areas so that smoke detectors will adequately sen, ice all sleeping
areaS.
(Ord. 82-OR-39, passed 1-3-83) Penalty, see § 92.99
§ 9~..68 ]NST.~,~.~.TION, MA~'r~'~C~. OF SMOKE DETECTORS.
(A) The owner of the dwelling shall be responsible for supplying and installing in an operable
condition the required detectors and for providing the manufacturer's testing instructions to a tenant
when appropriate.
(B) The owner of a dwelling shall be responsible for maintenance and testing of the detectors,
in accordance with the manufacturer's instructions, which are located in common areas, or detectors in
dwelling units or rooming units where the occupancy of any one tenant is for less than one month.
(C) The tenant in any occupancy of one month or more shall be responsible f°r maintaining and
testing the detectors in accordance with the manufacturer's instructions, which are within his exclusive
control during the life of the tenancy. The tenant shall be responsible for notifying the owner in writing
40 Jetk~mo~ - ~ R~laiions
by registered mail when detectors shall become inoperable, whereafter the owner has ten days in which
to repair or replace the detectom. In the battery- operated type of detector, replacement shall be the
responsibility of the tenant.
(D) At every change of tenancy, where the occupancy of any one tenant is of one month or
mere, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are
in operable condition, and, ii' not, the owner shall be responsible for placing them in operable condition.
(Ord. 82-OR-39, passed I-3-83) Penalty, see § 92.99
§ 9~,69 ENFORCe.
(A) The Fire Prevention Bureau of the City Department of Fire shall be primarily responsible for
the enforcement of this subchapter.
(B) The City Building Commissioner or his designated inspectors, shall assist the Fire Prevention
Bureau, by making referrals to the Bureau as part of its regular inspection and enforcement of ail city
building and fire safety codes.
(C) These enforcement agencies shall in their discretion exercise their right to enter properties
regulated by this subchapter, which right is granted in IC 36-1-6-2.
(Ord. 82-OR-39, passed 1-3-83)
§ 9~.70 STRIC'n:~ REGULATIONS SHALL PREVAIL.
In any case where a provision of this subchapter is found to be in conflict with a provision of any
fire or safety code of the city, the provision which establishes the higher standard for the promotion and
protection of health and safety shall prevail.
(Ord. 82-OR-39, passed 1-3-83)
(A) Any person who shall violate any of the provisions of this chapter or fail to comply with same
or who shall violate or fail to comply with any order made hereunder or who shall build in violation of
any detailed statement of specifications or plans submitted and approved hereunder, or any certificate
or permit issued hereunder, from which no appeal has been taken, or who shall fail to comply with such
an order as affuTaed or modified by the Board of Public Works and Safety, or by a court of competent
jurisdiction shall be guilty of a violation punishable as set forth in § 10:99. ('77 Code, § 8-21)
(Ord. 72-OR-36, passed 12-4-72)
(B) (1) Any person who shall violate any of the provisions of§§ 92.65 through 92.70 or fail to
comply herewith, or who shall violate or fail to comply with any order made hereunder, or who shall
build in violation of any detailed statement or specifications or plans submitted and approved thereunder,
or any certificate or perrait issued thereunderl from which no appeal has been taken, or who shall fail
to comply with such an order as afftnued or modified by the Common Council or Board of Public Works
and Safety, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each
Fire Prewntion; Smolm Detectors 41
and every such violation and noncompliance respectively, be guilty of a punishable violation, by a fine
of not less than $25 nor more than $2,500. All persons shall be required to correct or remedy any
violations or defects within a reasonable time; and when not otherwise specified, each 15 days that
prohibited conditions ~.re maintained shall constitute a separate offense.
(2) The application of the above penalty in division (B)(1) shall not be held to prevent
the enforced removal of prohibited conditions.
(Ord. 82-OR-39, passed 1-3-83)
42 Je~er~onv~le - ~
93: G,A,TTg, A~ ~ hJ:;~"u'S'P-;
Section
93.01 Accumulation of refuse declared nuisance
93.02 Depositing refuse upon streets, sidewalks
93.03 Placement of refuse in streams
93.04 Transporting refuse through streets
93.05 Wet garbage
93.06 Removal of tree-trimm/ngs, building debris, and the like
93.07 Picking through cans prohibited
93.15 Containers required; conditions and specifications
93.16 Containem required for certain businesses
93.17 Placement of rocks, ashes, and the like in containers
93.18 When containers may be set out for collection
93.19 Location of containers placed for collection
93.20 Termination of service for illegal containers
93.21 Collection of burning trash
93.30 Duty of Street Commissioner
93.31 Authority to make rules and regulations
93.32 Appeals from regulations
93.40 Clearing lots of weeds, noxious plats required; nuisance
93.41 Inspection; notice to abate
93.42 Failure to remove; lien upon property
So1~I W~te Z~mpi~g
93.50 Purpose
93.61 Definitions
93.52 Proh/bition
93.53 Cleanup and removal
43
44 Jell, monvflle ' General Regu~tions
93.65 Definitions
93.66 Establishment of mandatory program
93.67 Billing and collection responsibilities
93.68 Ownership and usage of recycling non-reverting escrow fund
93.69 Violations
93.70 Enforcement
93.71 Interpretation; severabflity
Dumping trash on river front prohibited, see § 96.25
G~IgI:a~IL PROVI~ON~
§ 93.01 ACCUMULATION OF P,~'USE DEC.SAP, ED NUISANCE.
All accumulations of refuse which are in violation of any of the provisions of this chapter are
declared to be a nuisance.
('77 Code, § 9-39) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99
§ 93.0Z DEPOSi'i'~G l~e'dSE UPON
No person shall cast, place, sweep, or deposit any refuse in such a manner that it may be carried
or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other public place,
or into any occupied premises w/thin the city.
('77 Code, § 9-37) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99
§ 93.0S PLACEMENT OF I~F~JSE IN
No person shall throw or deposit any refuse in any stream or other body of water.
('77 Code, § 9-38) (Ord. 1644, passed 12-5-60) Penalty, see § 10.99
§ 93.04 TRANSPORTING REFUSE THROUGH ST~'~-TS.
All trucks used by any person for the purpose of transporting refuse on the streets shall either
be of the closed type or shall be so covered by tarpaulin, or other manner or material, that no portion
of the load being carried or transported shall blow out, fall out, leak, or in any manner come to rest on
the street, sidewalk, curb, gutter, or adjoining property.
('77 Code, § 9-49) (Ord. 1665, passed 4-4-66) Penalty, see § 10.99
All wet garbage which has been placed out for collection by the city shall be drained and
wrapped.
('77 Code, § 9-42) (Ord. 1544, passed 12-5-60)
and Refuse; Weeds 45
Ail accumulations of debris and refuse of any kind caused by tree-trhnmers, building wreckers,
or other contractors of any kind shall be removed by the persons at their own expense.
('77 Code, § 9-43) (Ord. 1544, passed 12-5-60)
§ 93.0'/ PICKING TI~OUGH CANS PROI-I~IT~:,,.
No person shall pick through any of the refuse containers of another.
('77 Code, § 9-48) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99
CONTA~VERS; COLLECTION
§ 93.18 CONTAI~.~,S KEO~; CONDITIONS AND SPECIFICATIONS.
(A) No person shall throw, drop, or deposit any refuse on any street, sidewalk, curb, or alley
except into a proper container provided for that purpose. ('77 Code, § 9-35) (Ord. 1665, passed
4-4-66)
(B) Condition and specifications.
(1) All refuse containers shall be maintained in good condition and any container that has
any ragged or sharp edges or any other defects which may hamper or injure the person collecting its
contents shall be properly replaced upon notice from the Street Commissioner.
(2) All garbage containers shall be rnade of metal, or any other suitable material and shall
be equipped with suitable handles and tight-fitting covers, and shall be watertight. The containers shall
have a capacity of not more than 20 gallons and shall be of a type'approved by the Street Commissioner
and shall be kept in a clean, neat, and sanitary condition at all times.
(3) All ash containers shall be made of metal and have a capacity of not more than 20
gallons.
(4) All rubbish containers shall be of a kind suitable for collection purposes and shall be
of such weight that they can be handled by one man.
(5) The Street Commissioner is authorized to allow the use of containers which do not
comply with the provisions of this section.
('77 Code, § 9-40) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99
§ 93.16 CONTAINERS I~EOU~'~ FOR CERTAIN BUSINESSES.
All persons engaged in an activity or business that by its nature tends to create an excessive
amount of litter, trash, and paper refuse, shall provide ample containers in a sufficient number to properly
hold such trash secure until same is removed. Those persons engaged in a retail business that sells
products in a throw-away container, be it paper, cardboard, plastic, or other mater/al, shall provide a
46 l~[emonv~le - ~ P.,~l~tlationa
sufficient number of trash containers, strategically located, as to encourage and induce their customers
to use same.
('77 Code, § 9-36) (Ord. 1665, passed 4-4-66) Penalty, see § 10.99
§ 93.17 PLACEMENT OF ROCKS, ASHES, AND THE LIKE IN CONTAII~:S.
No rocks, brick, dh't, or ashes shall be placed in containers containing other refuse.
('77 Code, § 9-44) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99
§ 93.18 WHEN CONTAINEI~ M~ BE SET OUT FOR COLLECTION.
All refuse containers shall be kept in the rear of all premises, except that they may be placed in
front yards or side yards 12 hours before the day of usual pick-up by the city's collectors.
('77 Code, § 9,46) (Ord. 1544, passed 12-5-60)
§ 93.19 LOCATION OF CONTAINEI~ PLACED FOR COLLECTION.
All refuse containers shall be placed for collection at ground level on the property they serve but
in such a location as to not be within the right-of-way of a street or alley, accessible to the street or alley
from which collection is made. No variation from this section shall be permitted unless for good cause
approved by the Street Commissioner.
('77 Code, § 9-47) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99
§ 93.20 'r~dVliNATION OF S~:;~v'ICE FOR W.LE~L CONTAINEI~S.
The Street Commissioner is authorized to refuse to collect refuse from the premises of any person
whose containers fail to comply with the provisions of this chapter or any regulations promulgated
pursuant to it.
('77 Code, § 9-41) (Ord. 1544, passed 12-5-60)
§ 93.21 COLLECTION OF BU'RNINa TRASH.
The city shall not collect any burning trash.
('77 Code, § 9-45) (Ord. 1544, passed 12-5-60)
~IV~IN~TR~TION
§ 93.30 DUT~ OF ST~k~..T COMlV~SSIOI~.t:~.
All refuse shall be collected, conveyed, and disposed of under the supervision of the Street
Commissioner.
('77 Code, § 9-34) (Ord. 1544, passed 12-5-60)
47
The Street Commissioner is authorized to make rules and regulations concerning the days of
refuse collection, the type and location of refuse contalnem, and such other mattem pertaining to the
collection, conveyance, and disposal of refuse as he shall find necessary and to change and modify same
upon proper notice: provided, that the rules and regulations shall not be contrary to the prowsions of
th~s chapter.
('77 Code, § 9-50) (Ord. 1544, passed 12-5-60)
§ 93.32 APPEALS FROM REG~u'LATIONS.
Any person aggrieved by a regulation of the Street Coroner promulgated pursuant to this
chapter shall have the right of appeal to the Board of Public Works and Safety, who shall have the
authority to confu'm, modify, or revoke any such regulations.
('77 Code, § 9-51) (Ord. 1544, passed 12-5-60)
~:~:, ~$, NOXIOUS PLANTS
§ 93.40 CLEARING LOTS OF W~:~:,,S, NOXIOUS PLANTS REOUIRED; NUISANCE.
(A) No owner of any lot or parcel of real estate within the city shall allow the same, or any alley
or sidewalk abutting such lot, to become overgrown with weeds or noxious plants to such an extent that
such overgrowth, within the opinion of the Department of the Building Commissioner is detrimental to
the public health.
(B) The growth of weeds or noxious plants is deemed injurious to public health and is declared
(Ord. 83-OR-17, passed 8-1-83) Penalty, see § 10.99
§ 93.41 INSPECTION; NOTICE TO ABATE.
The Building Comnussioner shall be entitled to certify to the Clerk and Treasurer that any lot
within the city that is encumbered with excessively high or overgrown weeds and other rank vegetation,
specifically including, but not limited to, grass which is in excess of eight inches in height, whereupon
the Building Conurdssioner is directed to send by certified mail, a five day written notice to remove the
vegetation to the landowner of said lot at the landowner's last known address as revealed by the tax
duplicate records of the Clark County Auditor. If the landowner fails to remove the vegetation within the
time prescribeci, the Building Comrmssioner is hereby directed to cause such vegetation to be removed,
whereupon the Building Commissioner is further directed to prepare a certified statement of the actual
costs incurred by the city for such removal. This certified statement of costs shall be delivered to the
owner of the property by certified mail at his last known address, 'and the owner of said lot shall pay the
amount to the officer of the Building Commissioner or Clerk and Treasurer within ten days after receiving
the statement. In the event that the landowner fails to pay the amount within said period of time, a
certified copy of the payment of cost shall be filed with the office of the Clark County Auditor whereupon
48 Jeffemonville - Genea'al Regv~tions
the Auditor shall place the amount claimed on the tax duplicate against the property affected by such
work, end the amount shall thereafter be collected and disbursed to the general fund of the city in the
usual and customary manner.
(Ord. 83-OR-17, passed 8-1-83; Am. Ord. 89-OR-72, passed 12-16-89; Am. Ord. 90-OR-6, passed - - )
§ 93.4~ FAILURE ~ REMOVE; ~ UPON PROPERTY.
If the property owner fails to remove or cut the weeds or noxious plants within ten days eiter
receiving notice to do so, the Building Commissioner may cause same to be removed or cut and the
expense thereof shall be billed to such property owner. If such property owner fails to pay such bill
within 60 days from the date of m~it~.g then the Commissioner shall cause to be filed with the County
Recorder a lien against such property, which lien shall be foreclosed as are other similar liens. Any
additional cost created by the necessity of the city having to cut or remove such weeds or noxious plants
and foreclose such lien shall be added to the amount for which the property owner was billed.
(Ord. 83-OR-17, passed 8-1-83)
$OLI~ W~ST~ DUI~ING
§ ~.$0 PURPOSE.
This is a subchapter to define dumping, control the dumping and disposal of solid waste
materials, and establish penalties for the violations thereof, and providing for the clean-up for the
violations thereof. This is in addition to §§ 93.01 through 93.03, 93.05 through 93.07, 93.15(B), 93.17
through 93.21 and 93.30 through 93.32.
(Ord. 93-OR-31, passed 6-21-93)
§ 93.81 DEFINiTiONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
DU~fl~./~. The discarding of those items of solid waste commonly known as garbage, used
household goods, appliances, automobile parts, tires, trash, bags of trash or garbage, construction or
demolition materials, and all other items commonly disposed of in sanitary landfills and shall include all
items and materials defined in IC 13-7-1-22 as "Solid Waste", but does not include the use of compost
bins.
/~:~-./1~:,~. The occasional discarding of a single item of trash, such as a can, bottle, cigarette
butt, package, wrapper and sim/lar items, and shall not include anything or any combination of items
larger than one small trash can full.
P~ON. Any person, corporation, organization, partnership, or other entity.
D~a2~/A~. The disposal of any solid waste material which is abandoned, recycled or
inherently waste like and which is placed upon land in a manner that constitutes the disposal of the same
or m used to produce products that are applied to or placed on the land or are otherwise contained in
~ ~ ~; Wee~ls 49
products that are applied to or placed on the land in which cases the product itself remains a solid
waste.
~FW.~,~TE.-/,~J~E~'~IT. b2f~$, Materials which are ordinarily disposed of, burned, or
incinerated.
(Ord. 93-OR-31, l~-~ed 6'21-93)
§ 93.8fl PI~OHIB1TION.
(A) No person shall:
(1) Do any dumping or permit any dumping to take place at any location in the city
limits, unless such location shall be an approved landfill site; or
(2) Do any littering or permit any littering to Occur in the city limits.
(B) Divisions (1) and (2) does not include the use of compost bins.
(Ord. 93-OR-31, passed 6-21-93)
§ 93.53 G~.~..~,~"P AND I~.
(A) Anyone having knowledge of any dumping at any location throughout the city shall give
such information to any law enforcement officer, who shall investigate the site, along with the assistance
of such other city officials as are deemed necessary to determine from where the trash or items of solid
waste originated, the manner of dumping, and whether the owner or person in possession of the property
on which the trash or items of solid waste are located were aware and consented to dumping.
(B) Upon determining the identity of any person originating the trash or items of solid waste,
the dumping of the same or the consenting or permitting of the dumping of the same in any location
within the city, the City Attorney, or the Coordinator of City Services and Recycling shall issue an order
directed to the person so identified and to the owner of the real estate upon which the dumping has
occurred, to remove and clean up such trash or items of solid waste within a time period of no less than
30 days. F~liug compliance with an order, the City Attorney or the Coordinator of City Services are
authorized to perform the clean up of the trash and solid waste items utilizing all resources as are
required, and all costs and expenses of the clean up, including but not limited to all landfill fees at an
approved land~ll site, and all law enforcement and city offic~l~ time incurred in the enforcement of the
same, shall be chargeable to the individual corporation, organization, partnership, or entities identified
with said dumping site.
(C) Any person identified having violated the prohibited dumping provision of this subchapter
and who are owners of real property within the city shall have the cost of such clean up billed to such
property owner. If such property owner fails to pay sucli bill within 60)days from the date of marling,
then said cost shall be assessed and certified to the Clark County Auditor and Treasurer and said cost
and assessment shall be placed on the taxes of such property owner as an additional assessment for
"dumping clean up" and shall be payable by such property owners in the same manner and subiect to
the same penalties as real property taxes.
50 JeSersonvAlte - C, eneral Regulations
(D) In the alternative, the City Altomey shall be entitled to seek injunctive or other relief
through the Courts of Clark County, obtain orders requiring ~dividuals, corporations, partnerships,
organizations, including non-profit organizations to clean up the dumping area and prohibiting further
and future dumping.
(E) In the event that the dump area contains information identifying more than one individual,
person, corporation, individual or entity for the clean up of the whole dump site and all actions
authorized under this ordinance shall be taken against any and all violators.
(Ord. 93--OR-31, passed 6-21-93)
~G
§ ~3.~ DEF~&T~ONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
(201~l'l?~t(2T~Z~,~. All of the geographical area within the legal corporate and municipal limits
of the city, the Town of Clarksville, the City of Charlestown, the Town of Setlersburg and 1990 Census
Tract 506.04 of unincorporated Clark County, Indiana.
~..,E-~,~.J'.~V~'G'~. A house, residential building, residential garage, residential barn
or residential outbuilding wherein persons, either individuals or families, reside on a regular basis and
comprise a single-family household. Possession of an assigned ro~ili,~g address for an individual or for
a head of' a family or household is considered some evidence, though not solely determinative, of a
single-family residence.
,Mr.~TI-P'.~M2L2'D~/.e,:u~. A living unit, not a single-family residence, that contains between
one and four regular marling addresses wherein the respective addressees are not members of the same
family and regularly occupy separate living areas of the dwelling. This definition includes, but is not
limited to, duplex buildings, buildings that contain three separate mailing addresses, and four-plex
buildings and other buildings, townhouses or flats with common walls, and the like~ wherein persons
regularly reside. Buildings or apartment complexes having five or more separate living units are not
within this definition.
.~..J'O"'~' P~'G21m,~w/'. The occupant of each and every single-family residence and the
owner(s) (regardless of any rental arrangement) of each and every multi-family dwelling unit generating
solid waste and recyclable materials within the contract area.
COIWT~IG'T '~'~t~. The length of time and duration of a curbside recycling contract entered
into by the District with a curbside recycling service firm, including all extensions.
~%'T'OR~ O.r"'p~'~m~. All regular and reserve police officers of the Clark County Sheriff's
Office, the Jeffersonvllle Police Department, the Clarksvllle Police Department, the Charlestown Police
Department, the Sellersburg Police Department, the Indiana State Police and shall also include all
investigative personnel and representatives of the Clark County Health Department, the Clark County
Solid Waste Management District staff and the Engineering Departments of Clark County, Indiana, the
city, the Town of Clarksvflle, the City of CharleStown and the Town of Sellersburg.
51
'V/~FDOR. The business entity with whom the District contracts for curbside recycling services
in the contract area.
VI~I"~OE CONTR~'I'and ~R CON'J'RAC~. The curbside recycling vendor contract or
contracts, and any additions or amendments thereto, entered into and approved by the District for
institution of a curbside recycling program in the contract area defined above.
~ NON-~G' ~50ROW PT./ND. A special separate recycling non-reverting
cash fund established by each of the following governmental entities subject to this subchapter the city,
the Town of Clarksville, the City of Charlestown. the Town of Sellersburg and the Board of
Commissionem of Clark County for purposes of administering the vendor contract in the 1990 Census
Tract 506.04 of unincorporated Clark County, Indiana. This fund shall be the sole depository for eligible
participant user fees collected by the respective cities and towns and the commissioners during the
contract term. This fund shall also be the depository for any funds and/or civil judgments collected for
ordinance violations in the respective cities, towns and the above Census Tract. This fund (as established
by the cities, towns and Commissioners, respectively) shall be the primary source from which these
governmental entffies and officers shall pay their respective vendor contract obligations to the District
during calendar years 1995, 1996 and 1997. Its usage shall be governed and determined by this
subchapter.
$CA'VE2V~ING.. Any removal, displacement or disturbance of any materials placed w/thin a
designated recycling container, either at a curbside or at any other location selected by the District in
the contract area or outside of the contract area within the District in Clark County, Indiana, after such
container has been placed at curbside or at frs designated location for collection by the vendor.
(Ord. and Res. 93-OR-34, passed 5-17-93)
§ 93.66 ESTASLISHlVlENT OF MANDATORY PROGRAM.
(A) There is hereby established a mandatory curbside recycling program in the contract area
and all residences located therein are hereby, effective January 1, 1994, required to participate in said
mandatory curbside recycling program which shall be implemented, managed and controlled by the
District.
(B) The undersigned representatives of the below-designated city and/or town or county
within the contract area hereby join in this subchapter and adopt it as having the same force and effect
as an originally-passed ordinance promulgated by the respective council or board of the
below-designated governmental entity. Further, each city and town, and the Commissioners relative to
the county area, hereby establish a recycling non-reverting escrow fund to be used in the manner, and
for the purposes, set forth herein.
(C) There is hereby, as of the effective date of this subchapter, imposed a monthly recycling
assessment of $ for the occupant of each residence and $ for the owners of each multi-family
dwelling ("eligible participants") that is in existence in the contract area, including those eligible
participants specifically located in the contract area. The DistriCt reserves the right, on one occasion
during each year of the vendor contract, after 90 days' written notification given, to the Commissioners
and to the executive of the cities and towns, to increase this assessment, if necessary to meet District
obligations in relation to the vendor contract, in a sum not greater than % per year. Such increases
shall be effective according to the terms of the notification;
(Ord. and Res. 93-OR-34, passed 5-17-93)
§ 93.67 BILLING AND COLLECTION NESPONSIBII~I'I'IES.
(A) The cities and towns, and the Commissioners relative to the county area, by execution
hereof and joinder herein, shall be responsible, effective January 1, 1994, for assisting the District in
issuing quarterly billings to each eligible participant within the contract area, in the sums designated in
§ 93.66. The District shall be solely responsible for implementing a billing and collection procedure for
all curbside recycling service in the contract area. The mode and manner of the billing and collection
process shall be left to the discretion of the District~ The cities, towns and the Co~ionem, hereby
expressly agree to assist the District, when requested, in providing information and reasonable assistance
to the District in an effort to implement and supplement the District's billing and collection
responsibilities. All monies collected by the District, pursuant to billings described herein, shall be
remitted to the cities, towns and the Commissioners, respectively;, in the net amount remaining after the
District deducts therefrom each governmental entity's respective payment obligations for the vendor
contract provided for by this subchapter. All monies so remitted to each governmental entity that joins
in this subchapter and the Interlocal Agreement shall be held in the recycling non-reverting escrow fund
created by each respective governmental entity and there shall be no expenditures from said fund except
as provided for by the terms of this subchapter and the Interlocal Agreement.
(B) Should collections from the cities and towns, or the Commissioners relative to the county
area, be insufficient to meet the contract obligations of any governmental entity that is a party hereto,
then the District shall (first) issue a written notice to the executive of such governmental entity requiring
payment of that entity's contract obligations from any other fund under the control of that entity. Such
payment shall be remitted to the District before the expiration of 15 days after the marling date of the
written notice issued by the District. If such payment is not timely made, the District shall be entitled to
initiate a civil action to seek a judgment in any eircuit, superior or county court of Clark County for the
amount due from such governmental entity. If the District is caused to initiate such court action, the
cities and towns, and the Commissioners relative to the county area, by execution and adoption hereof
and joinder herein, agree to entry of judgment, in the amount due the District for any such billing, against
their respective governmental entity and agree that the amount due shall be paid from any fund within
the control of the non-paying governmental entity, as selected by the District. The non-paying entity shall
be liable for the costs and attorney fees incurred by the District in such litigation and these amounts shall
be included in the total amount collected by the District. Notwithstanding the above provisions for entry
of a judgment at law, the District shall be entitled, in its discretion, to seek such injunctive relief, in the
courts designated above, against any governmental entity that is a party to this subchapter and the
Interlocal Agreement to enjoin any such entity for refusing to comply with any term of these instruments,
respectively. In such cases where injunctive relief is successfully obtained, the District shall be entitled
to recover all costs and attorney fees incurred es a result of having to file such a court action against
any governmental entity that is a party to these instruments.
(C) In addition to deposits made in the recycling non-reverting escrow fund from collections
payable from eligible participants, the cities, towns and Commissioners relative to the county area shall
be entitled to deposit all collections from civil judgments and/or court enforcement actions brought
against violators of this subchapter into this fund.
(Ord. and Res. 93-OR-34, passed 5-17-93)
Garbage and l~use; Weeds 53
§ 93.68 OWNERSH~ AND USAGE OF I~CYCI. tlNG NON-REVER~NG ESCROW FUND.
Title to the recycling non-reverting escrow fund of each governmental entity subject to this
~tbchapter shall be vested in the governmental entity that created such fund pursuant to this subchapter.
Each entity may select a banking institution of its choice as depository for this fund. The ir~titution sc
selected, the account number of the fund and copies of monthly bank statements of the fund shall be
delivered to the controller of the District during the contract term, within ten days of the date the
depository n~ it to each governmental entity. Each entity shall be entitled to invest the monies, for
a term not exceecling three months, not presently due or anticipated to be due, the District so as to
increase its value and worth. All income earned from such investments shall belong to the entity holding
title to the fund. The fund shall be expended, during the contract terr~ only for expenses and vendor
contract payment obligations due the District as a result of the operation, maintenance and management
of the vendor contract. The cities and towns, and the Comngssioners relative to the county area, shall
be entitled to make other expenditures from the recycling non-reverting escrow fund only after their
respective contract payment obligations are paid in full to the District through the entire contract term
or for such other purposes relating to recycling and solid waste reduction prior to expiration of the
contract term and upon majority approval of the District Board of Directors after consideration of the
requesting entity's then-remaining contract obligations. The cities, towns and Commissioners shall
establish withdrawal procedures from their respective recycling non-reverting escrow fund providing that
no withdrawals from such fund can be made, for sc long as the entity has outstanding or future
obligations to the vendor contract, without the signature of the controller of the District upon any
withdrawal document or instrument.
(Ord. and Res. 93-OR-34, passed 5-17-93)
(A) It shall be a violation of this subchapter for any eligible participant to refuse to pay the
assessment imposed pumuant to § 93.66 above.
(B) It shall be a violation of this subchapter for any person or entity, or for any agent of any
person or entity, to perform any act of scavenging both inside of and outside of the contract area, but
within the District, during the contract term.
(C) It shall be a violation of this subchapter for any person or entity, or for any agent of any
person or entity, to interfere with, disturb, prevent or attempt to prevent any vendor performing serv/ces
pursuant to the vendor contract from performing those services at any place or location in the District.
(D) It shall be a violation of this subchapter for any person or entity, or for any agent of any
person or entity, to mix or commingle recyclable materials and non-recyclable materials in any container
provided by the District, at any location wittgn the District, and the vendor for pick-up of recyclable
materials only.
(E) It shall be violation of this subchapter for any parson, corporation or other entity to deposit
any materials at or in a voluntary recycling dumpster placed by the city other than those items which are
clearly marked on each such bin.
(F) It shall be a violation of this subchapter for any person, corporation or other entity to
remove items properly placed in the various recycling dumpster bins without the express written consent
of the Board of Public Works and Safety.
(Ord. 90-OR-39, passed 8-20-90; Ord. and Res. 93-OR-34, passed 5-17-93)
(A) A citation is hereby authorized to be issued, by any enforcement officer designated above,
against the owner of any residence who violates any of § 93.69 of this subchapter. The citation shall
constitute ack, il complaint that may be prosecuted in any circuit, superior or county court of Clark
County, Indiana. The attorney for the District, or any attorney hired by the District, and/or the respective
city/town attorneys for the cities and towns and/or the attorney for the Commissionem shall be, and
hereby are, authorized to represent the respective governmental entity ("plaintS') that retains them for
purposes of prosecuting such civil complaint.
(B) A.~ter institution of the civil complaint enforcement action, and after issuance of summons
as required by the Indiana Rules of Trial procedure, the plaintiff shall be required to prove an ordinance
violation hereunder by a preponderance of evidence before the judge of any court designated herein.
All such civil complaint enforcement tr~l~ shall be to the bench only and not to ajury, unless otherwise
required by law or the court.
(C) Should the plaintiff prove a violation by a preponderance of evidence in any such civil
complaint enforcement action, the court shall assess a civil judgment against the violating party
("defendants") as follows:
(i) For a proved violation of § 93.69, a judgment in the sum of not less than $1 nor
more than $2,500, plus court costs and attorney fees incurred in prosecuting the action shall be entered
against the defendant(s).
(2) A violation of § 93.69(E) shall be punishable by a frae of $50.
(3) A violation of § 93.69(F) shall be punishable by a fine of $100.
(Ord. 90-OR-39, passed 8-20-90; Ord. and Res. 93-OR-34, passed 5-17-93)
§ 93.71
Ail provisions of this subchapter shall be subject to, and interpreted by, state law. Should any
provision, portion, segment or section hereof be determined illegal or unconstitutional by a court of
competent jurisdiction, then the remaining provisions, penions, segments or sections shall be severed
therefrom and shall remain enforceable and legally b/riding. As between the cities and towns, the
Commissioners and the District, all such entities and offic~l~ hereby expressly agree that any ambiguities
in the interpretation, application or management of this subchapter, or any terms hereof, shall be
resolved in favor of the District.
(Ord. and Res. 93-OR-34, passed 5-17-93)
CHAP'rr.;~ 94: NOISE
Section
94.01 Use of loudspeakers, radios, and the like
Vehicular Noise
94.15 Application
94.16 Definitions
94.17 Restrictions
94.18 Quantitative limits
94.19 Exemptions and permits
94.20 Violation; evidence of noise level
94.99 Penalty; payment of fines
Appendix A: Scientific definitions
Appendix B: dBA limits
G'E~ PROVf~ONS
§ 94.01 USE OF LOUDSPEAKERS, RADIOS, AND TI.lIE LIKE.
It shall be unlawful for any person to use or operate any piano, phonograph, radio, loudspeaker, or
any other similar instrument, or sound-producing or sound-amplifying device m such a manner or with
such volume as to annoy or disturb persons in its vicinity.
('77 Code, § 12-6) (Ord. 1155, passed 7-6-42) Penalty, see § 10.99
§ 94.15 APPLICATION.
This subchapter shall apply to the control of all noise caused by motor vehicles and originating
within the limits of the city.
(Ord. 81-OR-17, passed 5-4-81)
55
56 Je~sonv~le - ~
§ 94.16 Dr.u-'~n'lONS.
(A) For the purpose of this subchapter the following definitions shall apply unless the context
clearly indicates or requires a different meaning. (See Appendix A for more concise scientific
definitions.)
$I-W~-"G~z3:~.~$OUNDLEVEL. The loudness of a sound measured through a filtering device
intended to simulate human hearing. The level so read is designated db(A) or dBA.
CO. lt~%i_r.~G~., ZOArE. Zones B-I, B-2, B-3, and BSC as established in the city zon/ng code.
unit for measuring the sound pressure level of a sound.
.F~.EQ~GT~. An objective way to describe the pitch of sound.
unit for measuring the frequency of a sound (sometimes called cycles per second).
.~I'DUSTHI~J., ZONE. Zones I-1 and I-2 as established in the city zoning code.
L/'G~/'-AfOTO.~ V~T-B~. Any motorized vehicle, including automobffes, vans, motorcycles, motOr-
driven cycles, motorscooters, dune buggies, snow'mobiles, all-terrain vehicles, go carts, minibikes, trail
bLkes, and trucks with gross vehicular weight of less than 8,000 pounds.
z~rODn':~:;/J ~qD Dk,~-~'~T/T,'E.E~T b'~ST~2%~. An exhaust system in which the original noise
abatement devices have been physically altered Causing them to be less effective in reducing noise as
their original devices, or devices have been added to the original noise abatement devices such that
noise levels are increased.
Any unwanted sound.
The A-Weighted sound level produced by a motor vehicle.
OG'TAVEBA/FD. A way to divide the entire frequency range of sound into sections for more
accurate measurements,
P~O~. Anyindividua~~ass~ciati~n~partners~~p~~rm~c~rp~rati~n~c~mpany~~r~rganizati~n~fany
Idnd.
PL~2~LF~UD/~LE. Any noise for which the information content is unambiguously communicated
to the listener, including understandable spoken speech, comprehension of whether a voice is raised
(agitated) or nornml or comprehensible musical rhythms.
.~E~ID~ ZOA'ES. Zones R-1 and R-2 as established in the city zoning code.
$OUA'D LL'wWEZ., ~ An instrument which includes a microphone, amplifier, RMS detector,
integrator or time averager, output meter, and weighting networks used to measure sound pressure
levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in
decibels as standardized by the American National Standards Institute (ANSI). Readings shall be made
on a db(A) scale
Noise 57
$OU~ P.~.~$U'R~ ~. An objective way to describe the loudness of a sound.
l~,~"~ A~'O~S~ Sound n~de by a motor vehicle operated effher on the public right-of-way or
private property.
(B) All definitions and terminology used in this subchapter shall be defined in conformance with
applicable publications of the American National Standards Institute (ANSI), or its successor body.
(Ord. 81-OR-17, passed 5-4-81; Am. Ord. 86-OR-54, passed 10-18-86)
§ 94.17 P, ESTRICTIONS.
(A) General prohibitions. No person shall make or cause to be made any noise that unreasonably
annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety, or welfare of any person
or precludes their enjoyment of property or affects their property's value. This general prohibition is not
limited by the specific restrictions listed in the following sections.
(B) Specific restrictions. The following acts are declared to be unlawful:
(1) Radios, television sets, musical instruments, tape or record players, amplifiers and similar
devices: operating or permitting the use or operation of any such:device between the hours of 7:00 p.m.
and 7:00 a.m. in such a manner as to be plainly audible across property boundaries or through partitions
common to two or more persons within a building.
(2) Domestic power tools: operating or permitting the use or operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, snowblower, or similar device used
outdoors between the hours of 7:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any
reasonable person nearby.
(3) Construction: operating or permitting the operation of any tool or equipment used in
construction, drilling or demolition between the hours of 7:00 p.m. and 7:00 a.m. in such a manner that
will disturb or annoy any reasonable person nearby.
(4) Horns and signalling devices: operating a horn or other audible signalling device on any
motor vehicle except in an emergency or when required by law.
(5) Participation in noisy parties or gatherings: participation in any party or gathering between
the hours of 7:00 p.m. and 7:00 a.m. giving rise to noise that is plainly audible across property boundaries
or between partitions common to two or more persons within a building.
(6) Animals: harboring or keeping any animal which by causing frequent or long continued
noise shall disturb or annoy any resonable person nearby.
(Ord. 86-OR-54, passed 10-18-86; Am. Ord. 91-OR-66, passed 12-2-91)
§ 94.18 OUAN'rrrATIVE LIMITS.
(A) Motor vehicles.
(1) It shall be unlawful for any person to cause the sound pressure level of the noise emitted
during the operation of a light motor vehicle to exceed 80 dBA within the corporate limits of the city.
The sound pressure level measurement shall be made at a distance of not less than 15 feet from the
(2) It shall be unlawful for any person to operate a light motor vehicle which causes excessive
noise as a result of a defective or modified exhaust system or. as a result of an unnecessary rapid
acceleration, deacceleration, engine revving, or tire squealing.
(B) Stationary source. (See Appendix B for octave-band breakdov~'~s of the dBA limits for each
zone.)
(1) It shall be unlawful for any person to cause the sound pressure level to exceed the limits
listed below at any point on the boundary of the property where the person is located.
(a) If the person is located within a residential zone: 55 dBA between the hours of 7:00
p.m. and 7:00 a.m.
(b) If the person is located within a corrumercial zone: 64 dBA at all times.
(c) If the person is located within an industrial zone: 66 dBA at all times.
(2) If the property boundary ties between two zones, the lower limit shall apply regardless of
the zone in which the person creating the noise is located.
(3) In addition to the above, no person within a residential or a commercial zone shall make
or cause to be made any earthshaking vibrations perceptible without the aid of instruments beyond the
property boundary of the ~-ibration source. No person within an industrial zone shall make or cause to
be made any earthshaking vibrations perceptible without the aid of instruments beyond the zone
boundary of the zone in which the vibration source is located.
(Ord. 86-OR-54, passed 10-18-86; Am. Ord. 91-OR-66, passed 12-2-91)
§ 94.19 EXEMP'I'IONS AND PERMITS.
(A) The provisions of this chapter shall not apply to the emission of sound for the purpose of
alerting persons to the existence of an emergency or the emission of sound in the performance of work
to prevent or alleviate physical or property damage threatened or caused by a publ/c calamity or other
emergency.
(B) The provisions of this chapter shall not apply to any industry existing in the city one year prior
to the passage of this chapter and located in an area zoned heavy industry (I-2).
(C) The Board of Public Works and Safety shall have the authority to issue permits for:
(I) Holidays, celebrations, concerts, parades, or other special events (public or personal).
(2) Persons who demoustrate that bringing the source o~[ sound or activity for which the permit
is sought into compliance with the provisions of this chapter would constitute an unreasonable hardship
on the applicant, the community, or other persons, and that the adverse impact on the healthl safety, and
59
welfare of persons affected by the permit has been outweighed by such hardship. Penuits may contain
any conditions (including a time limit) that are necessary to limit the adverse impact of the activity.
(D) Noncompliance with any condition of the permit shall terminate it and subject the person
holding it to the provisions of this chapter.
(E) The Board of Public Works and Safety may ~sue guidelines defining the procedures to be
followed in applying for a permit and the specific criteria to be considered in deciding whether to issue
a permit.
(Ord. 81-OR-l?, passed 5-4-81; Am. Ord. 86-OR-54, passed 10-18-86)
§ 94.20 VIOLA?ION; EVIDENCE OF NOISE LEVEL.
(A) In any criminal prosecution for a violation of this section, the court may admit evidence of a
noise level as tested by a sound level meter which meets or exceeds the American National Standards
Institute (ANSI) specifications for type II equipment. A person shall be found guilty of violation of this
section for the emission of the excessive noise from or on any motor vehicle source in excess of the
limitations established herein.
(B) It shall be tmlawful for any person to violate the provisions of §§ 94.15through94.20. Whenever
any police officer makes an arrest for violation of §§ 94.15 through 94.20 he shall take down the name,
address, operator's license number, and registration number of the vehicle ii readily available and shall
issue to the alleged violator in writing on the form provided by the city police a citation for a violation
of §§ 94.15 through 94.20.
(Ord. 81-OR-12, passed 5-4-81) Penalty, see § 94.99
§ 94.99 PENAL'fY; PAYMENT OF FINES.
(A) Any person found in violation of the motor vehicle noise limits set forth in this chapter shall be
fined not less than $50 nor more than $250,
(B) Any person found in violation of any other provision of this chapter shall be fined not less than
$25 for the first offense; not less than $75 for the second offense; and not less than $150 for the th/rd or
subsequent offenses.
(C) Each day that a violation is in effect shall constitute a separate offense.
(D) During any trial concerning the provisions of this chapter, the court may admit evidence of the
sound pressure level as tested by a sound level meter which meets or exceeds ANSI specifications for
type II equipment.
(Ord. 81-OR-l?, passed 5-4-81; Am. Ord. 86-OR-54, passed 10-18-86)
60 Je~m~:~r~'~e - ~ l~,egu~tions
APP~TD~X k SG~Tm'~G D~;A-'ANA'nON~
The concise, scientific definitions of the terms used in this ~hapter shall be:
A-~,--',~:~:a~, SOUND AEV/~. The sound pressure level of a sound measured through an A-
weighting filter network. The level read is designated dB(A) or dBA.
D~ (dB). The unit used for comparing the sound pressure level of a sound to the sound
pressure level of a reference sound having a sound pressure of 20 micropascals.
.FREOD'EN~"E. The number of periodic oscillations, vibrations, or waves per unit time (usually one
second).
//.e.~fZ ('H~). The unit used for measuring the frequency of a sound. The number of Hertz is the
number of cycles per second of a periodic sound pressure wave.
OCTAVE S,~MD. A portion of the entire sound frequency spectrum contained between two
frequencies a and b such that a = 2b.
SOUND PF,.~:F~URE.DEVEL. Twenty times the logarithm (base 10) of the ratio of the measured
sound pressure to a reference of 20 micropascals. The sound pressure level is expressed in decibels
(dB).
SPL = 20 LOG~0 sound pressure a
sound pressure b
sound pressure a = measured sound pressure
sound pressure b = reference sound pressure
(20 micropascals)
(Ord. 86-OR-64, passed 10-18-86)
61
62 Je~or~ - ~
APPENDIX B: dBA LIM1TS
The octave-band breakdowns of the dBA limits used in Chapter 94 shall be:
(A) For a residential zone: (58 dBA)
31.5 72
63 71
125 65
250 57
500 51
i000 45
2000 39
4000 34
8000 32
(B) For a commercial zone: (64 dBA)
Center Frequency (/=) /W-,~mum Bou.d~y SPL (dB)
31.5 79
63 78
125 73
250 67
500 61
1000 55
2000 50
4000 46
8000 43
(C) For an industrial zone: (66 dBA)
31.5 80
63 79
125 74
250 69
S00 63
1000 57
2000 52
4O0O 48
8000 45
63
64 Je~'emonville - C,e~eral Ret~lations
(Ord. 86-OR-54, passed 10-18-86)
CHAP'I'~K 95: PAP/~ AND RECRF_.~TION
Section
95.01 Vehicles permitted in designated park areas
95.15 License required
95.16 License application
95.17 License fee
95.18 Term of license
95.19 Construction and maintenance of facility as condition to granting license
95.20 Nomransferability of space as condition to granting of license
95.21 Cancellation of license; removal of facility; costs thereof
95.22 Size of docks, slips, and the like
95.23 Decks; walking platforms; size
95.24 Facilities to be at right angle to shoreline
95.25 Dumping trash on river front prohibited
95.26 Fishing from dock
95.27 Parking
95.28 Traffic flow
95.29 Resident priority
95.30 Liability of city
Department o£ £arks and Recreation, see §~ 34 025 through 34.032
GmA~E~ PROV1NI01~
§ 95.01 VEHICLES PERM1T'r~ IN DE$IG~IA'r~D PARK ARF_J~.
(A) For the purpose of this section, RA~ shall mean public parks, public playgrounds, public
playfields, public athletic fields, and other public property. However, this term shall not include areas
now establfshed and maintained by any board of school trustees on property belonging to any city
school and used principally for school purposes.
(B) It shah be unlawful for any person to drive, move, or ride any motor vehicle, horse, wagon, or
heavy equipment in or upon any public park within the city except in designated areas as determined
by the Board of Parks and Recreation.
('77 Code, § 13-1) (Ord. 1339, passed 6-2-52) Penalty, see § 10.99
65
66
Jeffemonv~e - General Regulations
§ 98.18 LICENSE REQUIRED.
It shall be unlawful for any person to construct any boat dock, slip, or harbor facility on that part of
the Ohio River which fronts on East and West Riverside Drive between Watt Street and Fort Street without
a license from the Board of Parks and Recreation.
('77 Code, § 13-52) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85) Penalty, see § 10.99
§ 98.16 LI~;~a~SE APPLICATION.
Any person desiring the license required by this subchapter shall make application upon forms
provided by the Board of Parks and Recreation. Any individual desiring a license must provide proof of
ownership of a boat.
('77 Code, § 13-53) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
§ 98.17 LICENSE
If a license required by § 95.15 is granted, the applicant shall pay to the Board of Parks and
Recreation a license fee as may be designated by the Board and paid on or before April 1.
('77 Code, § 13-54) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
§ 98.18 'r~u'Vi OF LICENSE.
The term of the license required by this subchapter shall be one year.
('77 Code, § 13-55) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
§ 98.19 CONSTRUCTION AND MA~T~Z~ANCE OF FACILITY AS CONDITION TO GT.~'rmr~3
LICENSE.
It shall be a condition to granting the license required by this subchapter that the applicant for same
shall, at his own cost, build and maintain his own docking facility.
('77 Code, § 13-56) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
§ 98.20 NOI~'ritANS~-~ABILITY OF SPACE AS CONDITION TO ~'rl~rG OF LICENSE.
It shat1 be a condition to the granting of the license required by this subchapter that the holder of
same shall not assign or transfer h/s docking space so licensed to any other person.
('77 Code, § 13-57) (Ord. 1535, passed 7-ti-60; Am. Ord. 85-OR-30, passed 8-5-85) Penalty, see § 10.99
Parks and Recreation
87
§ 98.21 CANG~LATION OF LICENSE; REMOVAL OF FACILITY; COSTS 'l'l'l~OF.
(A) The Board of Parks and Recreation may for cause shown or violation of any of the terms or
conditions of this subchapter, cancel any license by giving 14 days written notice to the address shown
on the license application.
(B) Upon receipt of a cancellation notice, the owner of that facility shall remove his facility within
the time given on the notice and, upon the failure to remove it, the facility shall be removed by the Board
of Parks and Recreation and the costs of so doing shall become a legal obligation of the pemon whose
license was so cancelled.
(C) Any time a license is cancelled, with cause, the owner of that license may appeal to the Board
of Public Works and Safety this action. This appeal shall be in writing and shall be done within ten days
of the date which the owner received notice from the Board of Parks and Recreation of the cancellation
of the license.
('77 Code, § 13-58) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
§ 98.22 S~.~: OF DOCKS, SLIPS, AND THE LIKE.
Any dock, slip, or facility built in connection with any license required by this subchapter shall be
not less than 20 feet in length from the usual low water mark of the Ohio River and shall not extend out
into the river further than 50 feet from the usual low water mark.
('77 Code, § 13-59) (Ord. 1535, passed 7-11'60; Am. Ord. 8§-OR-30 passed 8-5-85) Penalty, see § 10.99
§ 98.~.3 DOCKS; WALKING PLATFORMS; $~×~-:.
Every dock. slip, or facility for which a license is required by this subchapter shall have a platform
on which to walk which shall be not less than 30 nor more than 36 inches in width. All platforms shall
be of a height which is appropriate for the boat which is used in that facility.
('77 Code, § 13-60) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30 passed 8-5-85)
§ 98.24 FACILn'u~S TO BE AT RIGHT ANGLE TO SHOI~,INE.
Any dock facility built after July 11, 1960, for which a license ~s required by the provisions of this
subchapter, shall be so constructed as to make the facility run at right angles to the shoreline. Any boat
dock which is not at right angles to the bank shall, when vacated by the present owner, be made into
right angle docks.
('77 Code, § 13-61) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
§ 98.28 DUMPING TRASH ON Rl'el:;~ FRONT PROHl~n'~u.
No person shall dump trash or waste material on any part of the river front described in § 95.15.
('77 Code, § 13-62) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85) Penalty, see § 10.99
68 Ieffersonvflle - ~
§ 95.~6 FISHING FROM DOCK.
No person shall fish from a boat dock licensed under the provisions of this subchapter without
written permission from the lessee of that particular dock. Fishing shall be permitted in those areas as
are reserved for same and so designated by proper markings.
('77 Code, § 13-63) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85) Penalty, see § 10.99
§ 98.27 PApJrr~IG.
(A) On the street leading from the river edge to the top of Riverside Drive, there shall be no parking
of motor vehicles for a period of time exceeding the time necessary to put a boat in the river or to take
a boat out of the river. There shall be no vehicular parking on the riverbank except by lessees
possessing licenses issued pursuant to this subohapter. With the exceptions of boat docks numbered
79 through 91, 60 through 62, 74 through 78, and 92 through 93, which are currently designated as
commercial areas, no further commercial boat docks shall be allowed between the portion of the river
bank from leffboat to the JFK bridge. There shall be no parking south of Riverside Drive except for those
individuals holding boat docks in that area. Commercial parking shall be allowed in designated areas
only.
(B) Upon the issuance of a hcense to the individuals renting boat docks, they shall receive on an
annual basis a sticker which they may attach to each vehicle which they own and which they provide
proof to the Board of Parks and Recreation of ownership, which sticker shall have the number of the boat
dock which they are assigned prominently displayed upon it. The stickers shall be of a nature that they
are readily identifmble by the Police Department.
(C) Those individuals who are using the commercial establishments which have boat docks shall
not in any manner infringe upon the areas designated as parking for the other boat dockers.
('77 Code, § 13-64) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85) Penalty, see § 10.99
§ 95.28 TRAFFIC FLOW.
(A) Lower river road shill be a one-way road west from the entryway immediately west of the
leffersonviUe overlook to the traffic island in the middle of the lower river road. Traffic from Clark Street
east to the traffic island shall be two-way. The provisions of this division shall be in effect from April 1
until October 31.
(B) The traffic on the lower river road shall be two-way from November 1 until March 31.
(Ord. 85-OR-30, passed 8-5-85) Penalty, see § 10.99
§ 95.29 RESIDENT PRIORI'I'Y.
The residents of the city shall have priority upon receiving docks if and when any docks become
available.
(Ord. 85-OR-30, passed 8-5-85)
Parl~ and Recreation 69
§ 98.~0 MAB~ OF CI'I'Y.
The installation, maintenance, damage to, and removal of any docks or facilities licensed pursuant
to this subchapter shall be at the risk and expense of the licensee. Neither the city nor the Beard of
Parks and Recreation shall in any manner be responsible for any damage done to a dock facility or
persons using the docks.
('77 Code, § 13-65) (Ord. 1535, passed 7-11-60; Am. Ord. 85-OR-30, passed 8-5-85)
70 Je~emonv~ - C,~.eml Rogul~tions
b-"~g~'r~ 96: S'l?,t~S ~ SID,-:wALKS
Section
96.01 Placement of merchandise on Spring Street
96.02 Roller skating on sidewalk
96.03 Removal of snow, dirt from sidewalk
96.04 Street Commissioner
96.05 Numbering of residences, commercial buildings, and the like; address numbers
96106 Funds for sidewalk improvement
Street
96.15 Compliance with specifications
96.16 Performance bond
96.17 Acceptance by city
96.18 Closing of streets or alleys
96.30 Permit required
96.31 Permit application; fee
96.32 Agreement to assume liabilities
96:33 Bond
96.34 Metal covers, barricades, and lights
96.35 Fill specifications
96,36 Temporary fills
96.37 Time limits for completing work
96.38 Inspection of foundation; suitable foundation required; fee
96.39 Excavating company or contractor required to resurface
~ PROP~ION~
§ 96.01 pI~.CEMENT OF M]~CHANDISE ON SPP,.ING STP, BET.
(A) It shall be unlawful for any person to place, display, or permit merchandise to be placed or
displayed on the exterior, in front of, on the side of, or in the rear of any building which is on a lot that
abuts on Spring Street.
(B) This section shall not apply to any dealer in used motor vehicles who is licensed by the state.
('77 Code, § 17-2) (Ord. 1607A, passed 10-28-63; Am. Ord. 1650, passed 8-2-65) Penalty, see § 10.99
71
72 Je~z~nville - ~neral Regulations
§ 96.02 ROLLER SKATIN~ ON SIDEWALK.
It shall be unlawful for any person to roller skate on any sidewalk.
('77 Code, § I7-3) (Ord. 732, passed 3-8-13) Penalty, see § 10.99
§ 96.03 REMOVAL OF SNOW, DIRT FROM S]DP:wALK.
Every owner, lessee, tenant, occupant, or other person having charge of any prera/ses abutting upon
any street where there is a paved sidewalk shall, within four hours after any snow ceases to fall, or after
the deposit of any dirt or other material upon the sidewalk, remove the snow, ice, dirt, or other material
from the sidewalk; provided, that the period of time between 9:00 p.m. and 6;00 a.m. shall not be
included in the period of four hours.
('77 Code, § 17-4) (Ord. 799, passed 9-9-18) Penalty, see § 10.99
§ 96.04 ST~..T GOMNII~SIO~.
(A) There is established the position of Street Commissioner.
(B) The Street Cornm/ssioner shall be appointed by the Mayor.
(C) The Street Com.w~sioner shall keep all streets and alleys clean and free from any obstruction
to public travel, and, in addition, shall perform such other functions as the Mayor or the Board of Public
Works and Safety may direct.
('77 Code, § 17-1) (Ord. 1104, passed 8-23-38)
§ 96.08 NUMBERR~G OF RESIDENCES, COMMERCIAL BUILDINGS, AND THE LE~E; ADDRESS
NUMBERS.
(A) All residences, commercial buildings, apartments, and mobile homes within the city shall be
assigned a unique numeric, alphabetical, or alpha-numeric designation.
(B) All existing street numbers, apartment numbers, or mobile home lot numbers currently in use
within the city are adopted as the official address numbers within, the city unless those numbers are not
sufficiently unique to avoid confusion as to the address which they identify.
(C) In the event that the street numbers, apartment numbers, or mobile home lot numbers are not
sufficiently unique to avoid confusion, the Board of Public Works and Safety shall assign new address
numbers to uniquely identify the structures.
(D) In the event new address numbers are created within the city, the Board of Public Works and
Safety shall assign these in a logical manner and shall provide th/s information to the Fire Department,
Police Department, all emergency services operating within the city, and the postal service.
(E) In the event that the city annexes additional areas, these areas shall retain the address numbers
which they held prior to annexation if at all possible and the Board of Public Works and Safety shall
adopt these address numbers as the city address numbers.
Streets and Skiewalks 73
(F) Garages and outbuildings now existing or built in the future on lots which are currently asszgned
an address number need not have a separate address number assigned to them unless they are separate
residences or businesses.
(G) All residences, commercial buildings, apartments, and mobile homes shall place and maintain
the address number assigned to them in a place visible from the street. This number may be placed
directly on the structure or on any other suitable place, including mailboxes. Whenever the address
number is placed on any place other than the structure itself, it must be so positioned as to allow the
structure to be readily identified with the address number. Every apartment shall have a separate
address number placed on the apartment door or in a ruaxmer as to readily identify each apartment.
Every mobile home lot shall have a separate address number which will allow the immediate
identification of each mobile home.
(H) Each digit of the address number shall be a minimum of three inches in height, made of a
material and a contrasting color so as to make the number stand out distinctly against its background.
(I) (1) No owner, occupant, or agent of any structure, newly erected structure, or structure moved
to a new location shall refuse or fail within 30 days of notification by the Board of Public Works and
Safety to correct number of the building, to place, or cause to be placed an address number on the
structure.
(2) No pemon shall take down, without authority, or alter, deface, destroy or conceal any
number on any structure, or place, or allow to be placed any erroneous number thereon, or suffer any
erroneous number to remain on any structure owned, occupied, or controlled by him.
(Ord. 85-OR-17, passed 5-6-85) Penalty, see § 10.99
§ 96.06 FUNDS FOR SIDEWALK IMPROVEMENT.
(A) A committee shall be formed for the purpose of prioritizing applications for matching funds for
the purpose of sidewalk improvement. Said committee shall be composed of the following: the City
Engineer/Building Commissioner and a representative from the Street Department.
(B) The committee shall develop application forms, development standards and dates to advertise
and accept or deny applications for sidewalk improvements.
(C) The committee shah consider public safety and the present sidewalk conditions as a criteria m
placing sidewalk improvements on a priority list.
(D) The committee shall adopt such rules as deemed necessary to provide for the efficient
expenditure from the City Council funds of the city.
(E) If deemed necessary by the committee, new sidewalks shall be narrowed to allow for existing
trees, or replaced to match the adjoining sidewalks.
(F) All applicants selected by the committee shall be notified of Said selection by marl.
(G) Selected sidewalk project shall be funded on a 50/50 basis with 80% of said funds coming from
the property oWner and 50% of said funds being matched by the city from the City Council fund of the
city.
74 JeffemonviUe - General l~egulations
(H) Selected applicants shall be required to pay their 50% of the charges to the contractor when
the work is completed. Said contractor is to be approved by the city as low bidder.
(I) The Street Department will, at the homeowner's request, tear out and haul away the existing
sidewalk at a cost of $1.50 per lineal foot. This fee is to be paid to the Clerk-Treasurer prior to the work
being started. The homeowner has the option of tearing out and hauling away the existing sidewalk at
their own expense.
(J') This program is set up to help the homeowner with their sidewalks. Any funds remaining in the
account after all the homeowner's applications have been approved may be used for any business
making application.
(K) The homecwner is asked to mark the sidewalk with a waterpreof paint showing the sections that
are to be replaced.
(Ord. 87-OR-18, passed 5-16-87; Am. Ord. 93-OR-18, passed 3-15-93)
STREET GONSTRrIGTION
§ 96.18 COMPLIANCE wi'iH SPEGDTCATIONS.
It shall be unlawful for any person to construct or build any street without first complying with such
specifications and requirements as may be approved by the Mayor and Common Council from time to
time~
('77 Code, § 17-6(a)) (Ord. 1420, passed 2-6-56) Penalty, see § 10.99
§ 96.16 PERFORMANCE BOND.
Each person constructing any street shall deliver to the Clerk-Treasurer a good and sufficient
performance bond for the maintenance and repair of the street for a period of three years after the date
of its completion or acceptance by the city in such amount as may be considered sufficient by the Board
of Public Works and Safety..
('77 Code, § 17-6(b)) (Ord. 1420, passed 2-6-56)
§ 96.17 AGGEPTANGE BY GITT.
The Board of Public Works and Safety shall not accept any street which has been constructed until
such time as the City Engineer has reported to the Board that all provisions and requirements of this
section have been complied with.
('77 Code, § 17-6(c)) (Ord. 1420, passed 2-6-56)
§ 96.18 CLOSING OF ST~'~-TS OR ALLEYS,
(A) Whenever any street or alley is being constructed, reconstructed, or repaired, it shall be the
duty of the Street Commissioner or the City Engineer to order the same closed for the purpose of
preventing vehicles and parsons from traveling over the same during the time.
75
(B) When any street or alley in the city is closed, as provided in division (A)~ barriers shall be
placed on the street or alley indicating that fact to any person desiring to use the same.
(C) No person shall drive any vehicle or walk over any street or alley that has been closed in the
manner provided in this section.
('77 Cede, § 17-5) (Ord. 689, passed 8-1-10) Penalty, see § 10.99
Every person who shall make an excavation in any of the streets, sidewalks, alleys, or other public
places which are maintained by the city shall obtain an excavation permit for each such excavation
issued by the Clerk-Treasurer.
('77 Cede, § 17-18) (Ord. 1336, passed 4-7-52) Penalty, see § 10.99
§ 96.31 PI~.~'IIT APPLICATION; l-'~.'~-:.
(A) Any person desff-ing the permit requ/red by the provisions of this subchapter shall apply to the
Clerk-Treasurer upon a form to be furnished by the Clerk-Treasurer giving the following information:
(1) The place of the proposed excavation.
(2) The purpose for which the excavation is to be made.
(3) The probable length, width and depth of such excavation.
(4) If applicant is other than the owner of the property to be served by the excavation, the
name of the owner to be served.
(5) The proposed date of opening, the date work shall be completed.
(B) Such application shall be made at least two days prior to the proposed opening except in the
case of an emergency.
('77 Code, § 17-19)
(C) Every person who applies for the permit required by the provisions of this subchapter shall, at
the time of making the application for same, pay the sum of $10 to the Clerk Treasurer. ('77 Code, § 17-
20)
(Ord. 1336, passed 4-7-52)
§ ~.~ AG~:~:~NT TO ASSUME LIAB~Ln'~S.
A person who applies for the perm/t required by the provisions of this subchapter shall agree to
assume all liability for damage caUSed by his opening or excavation, including but not limited to, damage
76 Je~monvflle - General
caused by interference with existing utility service or injuries to'persons or property caused by such
excavation.
('77 Code, § 17-21) (Ord, 1336, passed 4-7-52)
96.33 BOND.
As a condition precedent to the issuance of the permit required by the proviaious of this subchapter,
the applicant for same shall pest with the Clerk-Treasurer a cash bond which is sufficient in the iudgraent
of the City Engineer to cover the cost of doing all work required by the provisions of this subchapter and
the payment of all damages occasioned by, or incidental to, the repair of the street or sidewalk.
However, the m/niruum amount of such a cash bond shah be $100, and the rrmxirnum amount of such a
cash bond shall be $5,000, and ~f, in the judgment of the Engineer, the costs and liabilities may exceed
$5,000, the applicant shah file with the Clerk-Treasurer a surety bond in such amount as the Engineer
may deem sufficient and which shall be payable to the city and shall be conditioned on the applicant
well and faithfully performing all acts required of him by the provisions of this subchapter and the
payment of all liabilities occasioned by, or incidental to, the repair of the street or sidewalk.
('77 Code, § 17-22) (Ord. 1336, passed 4-7-52)
§ 96.34 METAL CO¥~S, BARRICADES, AND LIGHTS.
Every person who shall make an excavation for which a permit is required by the provisions of th/s
subchapter shall, prior to the completion of the work, keep the excavation site covered with a metal plate
which is sufficient to support the weight of a car or truck, or provide proper and sufficient lights and
barricades, ff such a suitable metal plate cannot be obtained. The permittee shall be responsible for
maintaining at all times such metal plates, lights or barricades.
('77 Code, § 17-23) (Ord. 1336, passed 4-7-52)
§ 96.38 PILL SPECI~CATIONS.
The person who receives an excavation penuit shall replace the £~I1 in the opening according to such
specifications as shall be provided by the City Engineer and kept on file at all times with the Clerk-
Treasurer.
('77 Code, § 17-24) (Ord. 1336, passed 4-7-52)
§ 96.36 '£r.~POP. AET FILLS.
No temporary fill shah be allowed in any excavation for which a permit is required by the provisions
of this subchapter.
('77 Code, § 17-25) (Ord. 1336, passed 4-7-52) Penalty, see § 10.99
§ 96.37 TIME LIM/TS FOR COMPLETING WORE.
Any person making an excavation for which a perrait is required by the provisions of this subchapter
shall complete all the work within the time stated on the application and shall remove from the street all
dirt, rock, debris, or other material taken from the excavation within 48 hours from the time it is taken
from the opening, un]_e~ a longer period is allowed by the City Engineer.
('77 C°de, § 17-26) (Ord. 1336, passed 4-7-52)
§ 96.38 INSPECTION OF FOUNDATION; SUITABI,E FOUNDATION REQD'~m~r~;
Before an excavation for which a permit is required by the provisions of this subchapter is refilled,
the applicant for same shall notify the City Engineer who shall inspect the same and in the event that the
excavation does not contain a foundation which is satisfactory to the Engineer, the permittee shall
provide one and shall then again notify the Engineer who shall again inspect the foundation and approve
it only if it is sufficient in his judgment. A fee of $1 for each 50 linear feet or fraction thereof shall be paid
by the permittee for each excavation having to be reinspected.
('77 Code, § 17-27) (Ord. 1336, passed 4-7-52)
§ 96.~9 EXCAVATfl~G COMPANY OR CONTRAC'I~OR REQ~ TO RESURFACE.
(A) Any utility company, contractor, individual or entity, whether or not acting as an agent or
employee cf the city, who causes an excavation in a paved roadway in the city to be dug shall be
required to repair the roadway pursuant to the cross section depicted in Diagram A which appears
below. However, should the excavation consist of more than 100' in length (such as a trench) the
excavation shall be repaired pursuant to the cross section depicted in Diagram B below. The repairs
as specified herein shall be completed as soon as practical within the current paving season.
(B) Failure of any utility company, contractor, individual or entity to abide by the requirements of
this Section shall make the utility company, contractor, individual or entity subject to the following
penalties:
(1) The utility company, contractor, individual or entity who fails to do the repair work required
in a timely manner shall be denied any further permits for such cuts or other paving until the required
repairs shall be completed in the manner set forth herein;
(2) The utility company, contractor, individual or entity shall be responsible for any costs of
repair undertaken pursuant to this section;
(3) The utility company, contractor, individual or entity shall be liable for all legal expenses of
the city in enforcing the terms of this section; and
(4) The utility company, contractor, individual Or entity shall be fined in an amount of $I,500
for each 100 square foot of road sea-,bce area which is not repaired in the manner set forth herein.
(Ord. 87-OR-25, passed 8-4-87; Am. Ord. 92-OR-36, passed 7-6-92))
SAW CUT
.~ 2- ~c SURFACE ~/--0~C¥
~,.~.. ., ? · ,.,* .',t ~
.*. ** COMPAC~ *,.'*.
· '..' BANK RUN i ,
TRENCH
FOR PERPENDICULAR STREET
LONGITUDINAL CUTS LESS THAN
RESTORATION SECTION
CUTS &
100' LONG
,DIAGRAM 'A'
NO SCALE
TACK J
COAT ('I'YP.)
1/2' HAC SURFACE CURB TO CURB
~, 9" COMP. DCA -,
.**" .. :.: · .':'...'.".' i":
' ". *. COMPACTED ',,, ".
' ...,.'. BANK RUN:
'..,'.' SAND ...:.:
TRENCH RESTORATION FOR STREET CUTS
OF' LENGTH OREATER THAN 100'
.DIAGRAM 'B'
HAC BINDER
Section
97.01 Definitions
97.02 Policy and purpose
97.03 Discriminatory practices
97.04 Nondiscrimination requirement in city contracts
97.05 Provision against preferential treatment
97.10 Complaint procedure
97.11 Investigative procedure
97.12 Conciliation procedure
97.13 Heatings, findings, and decisions
AtTn,'mative action in city employment, see §§ $5.$0 - 35.$8
Commission on Human Relations, see §§ $4.085 - $4.094
Fair housing, see Ch. 91
GI~N~ PROVI~IONF
§ 9'/.01 D~--~rmONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACOb~ITION OFRF_.AL ES~'ATF,. The sale, rental, lease, sublease, construction, or financing,
including negotiations and any other activities or procedures incident thereto, of:
(1) Any building, structure, apartment, single roorr~ or suite of rooms or other portien of a
building, occupied as, or designed or intended for occupancy as, living quarters; or
(2) Any building, structure, or portion thereof, or any iraproved or unimproved land utilized or
designed or intended for utilization for business, commercial, industrial, or agricultural purpose; or
(3) Any vacant or unimproved land offered for sale or lease for any purpose whatsoever.
A~-~'IV~AC~'ION. Those acts which the Human Relations Commission deems necessary to
assure compliance with this chapter.
79
80 Je~emom411e - C, eneml l~egul~tions
.~'I~WATIVEAC, TION.~GI,~.:~-:~fl~Ff. Avoluntary written agreement entered into by persons and
the Human Relations Comm/ssion for the correction of discriminatory practices.
,~h~--~:,~:~r. Refers to both the country from which a person's ancestors came, and the citizenship
of a person's ancestors. (See N~ON~
~PP/~/~ Any person who for a fee or otherwise establishes or estimates a value for a housing
unit, as defined in this section.
Any corporation or public association organized for profit.
The chairman or chairwoman of the Human Relations Commission.
CO/M~4]~OAr. The City Human Relations Commission which is created pursuant to §§ 34.085 -
34.094.
COIVIIVI~SSIONATTORNEK. The City Attorney, or such assistants of the City Attorney as may be
assigned to the Human Relations Commission, or such other attorney as may be engaged by the
Commission or voluntarily lend his services to the Commission.
G'O/t4~LA~q.,~/'. Any individual charging on his own behalf to have been personally aggrieved by
a discriminatory practice, or a Comm/ssioner of the City Human Relations Commission charging that a
discriminatory practice was committed against a person, other than hLmself, or a class of people, in order
to vindicate the public policy of the state as defined in IC 22-9-1-12.1, and the public policy of the city
pursuant to this chapter.
~O/~PLP2NT. Any written grievance fi/ed by a complainant With the Human Relations Commission.
The original copy shall be signed and verified before a notary public or another person duly authorized
by law to admin/ster oaths and take acknowledgements. Notarial services shall be furnished by the
Commission without charge to the complainant.
formal agreement entered into in lieu of adjudication.
D/RECTOR: The Executi=e Director of the Human Relations Commission.
D/~TOAT',P/~G'T/G'E. Any one or more of the following committed within the jurisdiction
of the Human Relations Corrunission.
(1) The exclusion from or the d/.fference in treatment or the failure to grant to any person equal
opportunities by reason of age, race, religion, color, sex, national origin, ancestry, or handicap, provided,
however:
(a) It shall not be discriminatory practice to maintain separate restrooms or dressing rooms
for men and women.
(b) It shall not be discriminatory practice for any employer to hire employees or for an
employment agency to classify or refer for employment any individual on the basis of age, sex, religion,
national or/gin, handicap, or ancestry in those certain instances where age, sex, religion, national origin,
handicap, or ancestry is a bona fide occupational requirement, reasonably necessary for the normal
operations of that particular business or enterprise.
(2) The exclusion from or the difference in treatment of or the failure to grant to any person
equal opportunities because that person did one or more of the following:
(a) Filed a complaint alleging the violation of this chapter.
(b) Testified in a hearing before the Comrrdss~on in the performance of its duties and
functions under this chapter and §§ 34,085 - 34.094,
(c) Requested assistance from the Commission in connection with any alleged
discriminatory practice, whether or not such a discriminatory practice would be a violation of this
chapter.
(3) The exclusion from or the difference in treatment of or the failure to grant to any person
equal opportunities in the sale, rental, or financing of housing or other real property in any manner
whatsoever, including, but not limited to, the following acts:
(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate
for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of
age, race, color, religion, sex, national origin, or handicap. This shall not be interpreted to prohibit all
adult retirement communities.
(b) To discriminate against any person in the terms, conditions, or privileges of sale or
rental of a dwelling, or in the provision of services or facilities in connection therewith, because of age,
race, color, religion, sex, national origin, or handicap.
(c) To make. print, or publish or cause to be made, printed, or published, any notice,
statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination, or to intend to make any such preference limitation, er discrimination, based
on age, race, religion, sex, national origin, or handicap.
(d) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood of a person er persens
of a particular age, race, color, religion, sex, national origin, or handicap.
(e) With regard to any person whose business consists in whole or in part in the appraising
of property or the making of real estate loans, to deny a loan or other financial assistance to an applicant
therefor, or to discriminate against an applicant in the fndng of amount, interest rate, duration, or other
terms or conditions of the loan or other financial assistance, or To make a lower appraisal valuation
because of the age, race, sex, color, religion, national origin, or handicap of the applicant, or of any
person connected with the applicant, in connection with the loan or other financial assistance or the
purposes of the loan or other financial assistance, or of the present or prospective owners, lessees,
tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial
assistance is to be made or given; er because of the presence or absence or the prospective presence
or absence within a neighborhood of concentrations of persons of a particular age, race, sex, handicap,
color, religion, or national origin.
~rJC~IT/O.~,/., ~'~111'u"/'/O~ All public and private schools and training centers except
universities supported in whole or in pan by state funds.
.~LOFEE. Any person employed by another for wages or saiaryl provided that this term shall not
include any in 'chvidual employed by his parents, spouse, or child.
.E~4PLvr. t.~. The city and any other governmental organization or any department thereof, and any
person, company, association, organization, corporation, partnership, group, or proprietorship employing
six or more employees within the city;, except that the term does not include any not-for-prefit
corporation or association organized exclusively for fraternal or religious purposes; nor any school,
educational, or charitable religious institution owned or conducted by, or afflicted with, a church or
religious institution; nor any exclusively social club, corporation, or association that is not organized for
profit.
~V~:~L~Au~,ta'w'G-~. Any person undertaking, with or without compensation, to procure,
recruit, refer, or place employees.
.r-/,~D.rGA~ or .WANDI~PED. The physical or mental condition of a person which constitutes a
substantial disability. In reference to employment, H,~A'DI~ or .hr~2FDIC,~I~PED also means the
physical or mental condition of a person which constitutes a substantial disability unrelated to the
person's ability to engage in a particular occupation. To be classified as HANDIC..~RPED, a person must
be certified with the Vocational Rehabilitation Division, Indiana Rehabilitation Services.
.r':~'- and ,~2~. Refers to both sexes, and shall not be construed to limit the eligibility for any position
to males. (See ~)
~G' OP/~'G'E~. A Commissioner of the Human Relations Commission appointed by the
chairperson for determining the question of probable cause in a complaint, or to rule on any objections
to approved consent agreements.
Any area which is:
(1) A single room or suite of rooms or an apartment or dwelling occupied or intended for
occupancy as separate living quarters by an individual, by a family, or by a group of individuals living
together; or
(2) A parcel of real proper~y or a lot available for the construction of a housing unit.
~qSb'i~2VG"E CO/I~.AA'~. Arty person underwriting losses caused by the usual hazards covered by
such persons.
LABOR O.~C.~2F'~AT/OA'. Any organization which exists for the purpose, in whole or in part, of
collective bargaining or of dealing with employers concerning gi'ievances, terms, or conditions of em-
ployment, or for mutual aid or protection in relation to employment,
LEND. hVGi~tF~'~2TD'TIO. N. Any bank, building and loan association, insurance company, or other
corporation, association, firm, or enterprise whose business consists in whole or in part in making or
guaranteeing loans secured by real estate or an interest therein.
ArAT/O~.~, OB/G/hr. Refers to both the country from which a person came, and the citizenship of
a person's ancestors. (See ,~ND"E$:~:~r:)
83
OWNE~ The lessee, sublessee, assignee, managing agent, or other person having the right to
ownership or possession or the right to sell, rent, or lease any housing unit.
P~OI~'. One or more individuals, partnerships, corporations, cooperatives, associations,
organizations, labor representatives, trustees in bankruptcy, trustees, receivers, governmental agencies,
and departments limited to the city and any of its departments, and other organized groups, provided,
however, that with regard to complaints concerning employment, p~EP. SOArshall mean employers of six
or more employees,
I~RO~LE ~AUSE. Exists when facts and circumstances are sufficient so a reasonably prudent
individual would be justified in believing that a discriminatory act has been or is being committed.
pUBLIrJA~C. OII,~WO~ON. Anyestablfshment which effers its services, facflities, orgoodstc the
general public; also includes public transportation,
PUBL/t~ ~G'. A meeting held by the Human Relations Commission to determine whether
net an act of discrimination has occurred.
~ ESTATE BROEEP.. Any person, partnership, assoc/ation, or corporation who for a fee or other
valuable consideration sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the
sale, purchase, exchange, or remal of the real property of another; or holds himself out as engaged in
the business of selling, purchasing, exchanging, or renting the real property of another; or collects rental
for the use of real property of another.
BEAD ESTATE SALESPEP. SONor AGENT. Any person employed by a real estate broker to perform
or assist in the performance of any or all of the functions of a real estate broker. The terra .~lG~q'fshalI
not include the owner, publisher, or operator of any newspaper, radio, or television station with respect
to any announcement, advertisement, or commercial purchased by any other person for publication or
broadcast in or by any such newspaper, radio, or television station, or with respect to any news story,
editorial, or comment by a member of the public published or broadcast in or by any neWspaper, radio,
or television station.
.~I=3'.rG~'ON. A practice including moral or ethical beliefs as to what is right and wrong which are
sincerely held with the strength of traditional vieWs.
P..ESPO~. One or more persons against whom a complaint is filed under this chapter and who
the complainant alleges has committed or is committing a discriminatory practice.
Used to describe the biological differences that exist between male and female individuals,
STATEAC4:A~G'T. Every office, oifcer, beard, corarrdssion, department, division, bureau, committee,
fund, agency, and without limitation by reason of any enumeration herein, every other instrumentality of
the State of Indiana, every hospital, every penal institution, and every other institutional enterprise and
activity of the state, wherever located; the universities supported in whole or in part by state funds; and
the State Judicial Department. STATE ~lc~:;t~'G"¥'does not mean counties, county departments of public
welfare, cities, towns, townships, school cities, school towns, school townships, school districts, or other
municipal corporations, political subdivisions, or units of local government.
(Ord. 85-OR-57, passed 10-7-85)
84 Je~omalle - ~ l~gulations
§ 97.02 POLIG'Y AND PURPOSE.
(A) It is the public policy of the city to provide all of frs citizens an equal opportunffy for education,
employment, business, access to public convenience and accommodations, and acquisition through
purchase or rental of real property including, but not limited to, housing.
(B) The purpose of equal opportunity without regard to race, religion, color, sex, handicap, age,
national origin, or ancestry through reasonable methods is the purpose of this chapter. It is also its
purpose to protect employers, labor organizations, employment agencies, property owners, real estate
brokers, lending institutions, and insurance companies from unfounded charges of discrimination.
(C) To the end of eliminating discriminatory practices, this chapter is enacted to provide an
instrumentality through which the city may officially encourage and bring about mutual respect and
understanding of each other by all groups, and help give effect to the guarantee of equal rights
contained in the Constitution, the laws, and the public policies of the state and of the United States.
(Ord. 85-OR-57, passed 10-7-85)
§ 97.0~ DISCRIMINATORY PP, AGTICES.
The following discriminatory practices are considered to be unlawful.
(A) Discriminatory housing practices.
(1) For any person or agent to refuse to sell, lease, rent, assign, or otherwise transfer, or refuse
to negotiate for the sale, lease, sublease, rental, or other transfer of the title, leasehold, or other interest
in any housing unit to any individual; or to represent that the housing unit is not available for inspection,
sale, lease, sublease, rental, assignment, or other transfer, when in fact it is so available; or otherwise
deny or withhold any housing unit from any individual because of race, color, sex, handicap, age,
national origin, or religion.
(2) For any person or agent to discriminate in the terms, conditions, or privileges of the sale,
rental, or lease of any housing unit or in the furnishing of any facilities or services to any individual for
any housing unit on account of race, color, sex, handicap, age, national origin, ancestry, or religion.
(3) For any person or agent to publish or circulate or cause to be published or circulated any
notice, statement, or advertisement, or to announce a policy or to use any form or application for the
purchase, lease, rental, financing, or insuring of housing in connection with the prospective purchase,
lease, rental, financing, or insuring of housing which expresses directly or indirectly any limitation or
specifications as to race, color, sex, handicap, age, national origin, ancestry, or religion, or any intent
to make any such limitations, specifications, or discrimination.
(4) For any lending institution, including government agencies, to discriminate in lending
money, guaranteeing loans, accepting mortgages, or otherwise making available funds for the purchase,
acquisition, construction, rehabilitation, repair, or maintenance of any housing unit because of religion,
race, color, sex, age, handicap, national origin, or ancestry of any prospective buyer or seller.
(5) For any person, individually or in combination, to aid, incite, compel, coerce, participate
Opportm Poticy
in, or contract for the joining of any act declared to be an unlawful housing practice under this section,
or to directly or indireCtly commit any act declared by this section to be a disorfinlnatory housing
practice.
(B) Sex discrimination.
(1) A written or unwritten act, policy, practice, or system which excludes an individual from
equal opportunities on the basis of sex or because of sex in any terms or conditions of employment,
education, public accommodations, credit, or housing, Shall be considered a discriminatory practice.
(2) The term sex as it applies to segregation or separation in this chapter applies to all types
of employment, education, public accommodations, and housing; provided, however, that:
(a) It shall not be a discriminatory practice to maintain separate restrooms;
(b) It shall not be an unlawful employment practice for an employer to hire and employ
employees, for an employment agency to classify or refer for employment an individual, for labor
organizations to classify its membership or to classify or refer for employment any individual, or for an
employer, labor organization, or joint labor management comn'dttee controlling apprenticeship or other
training or retraining programs to admit or employ another individual in any such program on the basis
of sex in those instances where sex is a bona fide occupational qualification reasonably necessary to
the norn~l operations of that particular business or enterprise;
(c) It shall not be a discriminatory practice for a private or religious educational institution
to continue to maintain and enforce a policy of admitting students of one sex only; and
(d) It shall not be a cliscriminatory practice for an owner of a single-family dwelling who
resides therein but rents Or leases rooms in that same dwelling to lease to individuals of one sex only.
(C) Sexual harassment.
(1) Harassment on the basis of sex shall be considered an unlawful employment practice.
(2) Unwelcome sexual advances, request for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment;
(b) Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting the individual; or
(c) Such conduct has the purpose or effect of unreasonably interferin~ with an individual's
work performance or creating an intimidating, hostile, or offensive working environment.
(3) In determining whether alleged conduct constitutes sexual harassment, the Human Relati°ns
Commission will look at the record as a whole, and at the totality of the circumstances, such as the
nature of the sexual advances and the context in which the alleged incidents occurred. The
determination of the legality of a particular action will be made from the facts on a case-by-case basis.
86 ]'eEe~aom.~le - ~ Reg~b. tiom
(D) Pregnancy discrimination.
(1) A written or unwritten employment policy or practice which excludes for employment
opportunities applicants or employees because of pregnancy, childbirth, or related medical conditions
is in violation of this chapter.
(2) Disabilities caused or contributed to by pregnancy, childb/rth, or related medical conditions,
for all job-related purposes, shall be treated the same as disabilities caused or contributed to by other
medical conditions, under any health or disability insurance or sick leave plan available in connection
with employment. Written or unwritten employment policies and practices involving matters such as the
commencement and duration of leave, the availability of extensions, the accrual of seniority and other
benefits and privileges, reinstatement, and payment under any health or disability insurance or sick leave
plan, formal or informal, shall be applied to disability due to pregnancy, childbirth, or related medical
conditions on the same terms and conditions as they are applied to other disabilities. Health insurance
benefits for abortion, except where the life of the mother would be endangered if the fetus were carried
to term, or where medical complications have arisen from an abortion, are not required to be paid by
an employer; nothing herein, however, precludes an employer from prov/ding abortion benefits, or
otherwise affects the bargaining agreements in regard to abortion.
(3) Where the tenuination of an employee who is temporarily disabled is caused by an
employment policy under which insufficient or no leave is available, that termination violates this chapter
if it has a disparate impact on employees of one sex and is not justified by business necessity.
(E) Wage discrimination. Pursuant to the Equal Pay Act of 1963, no employer having employees
subject to the Fair Labor Standards Act shall discriminate, within any establishment in which those
employees are employed, between employees on the basis of sex, by paying wages to employees in the
establishment, a rate less than the rate at which he pays wages to employees of the opposite sex in that
establishment for equal work on iobs the performance of which are performed under similar working
conditions, except where such payment is made pursuant to a seniority system; a merit system; a system
which measures earnings by quantity or quality of production; or a differential based on any other factor
other than sex; provided, that an employer who is paying a wage rate differential in violation of the above
shall not, in order to comply with this provision, reduce the wage rate of any other employee.
(F) Certification of handicapped.
(1) The prohibition against discrimination in employment because of handicap does not apply
to failure of an employer to employ or retain as an employee any individual who because of a handicap
is physically or otherwise unable to efficiently and safely perform, at the standards set by the employer,
the duties required in that ich.
(2) After a handicapped individual is employed, the employer shall not be required under this
chapter to promote or transfer the handicapped individual to another job or occupation, unless, prior to
transfer, the handicapped individual, by training or experience, is qualified for that job or occupation.
(3) This section shall not be construed to require any employer to modify any physical
accommodation or administration procedures to accommodate a handicapped individual.
(4) To be classified as handicapped under this chapter, an individual shall be certified as such
pursuant to the procedures, rules, and regulations, not inconsistent with the provisions of this chapter,
as shall be issued by the State Rehabilitation Services Board. The certificate shall consist of a statement
87
signed by the State RehabilitatiOn Services Board describing the nature of the disability, specific
disability-related limitations, and stating whether the disability is temporary, permanent, Or indeterminable
duration.
(5) No complaint or charge of discrimination under this section shall be considered valid and
acceptable to the Commission unless it is subm/tted by or in behalf of an individual Who has been
properly certified as a handicapped individual as herein defined.
(O) Age discrimination.
(1) A written or unwritten act, policy, practice, or system which excludes an individual from
equal opportunities on the basis of age er because of age in any terms or conditions of employment,
education, public accommodations, credit, or housing, shall be considered a discriminatory practice.
(2) Dismissal from employment of er refusal to employ or rehire any person because of his age,
if that person has attained the age of 40 years and has not attained the age of 70 years, violates this
chapter.
(3) Denial of full and equal membership rights to an applicant for membership in a labor
organization, or failure or refusal to classify properly or refer for employment any member solely because
of the age of the applicant or member, if that person has attained the age of 40 years and has not
attained the age of 70 years, is declared to be unfair employment practice.
(4) Any prevision in any agreement, contract, Or understanding which prevents or tends to
prevent the employment of any perso~ in the city solely becaue of his age who has attained the age of
40 years and has net attained the age of 70 years is null and void.
($) True and accurate records of the ages of all persons employed by an employer may be
maintained. These records shall be open to the Commission at all times.
(6) These provisions shall not apply to a person employed in private domestic service or
service as a farm laborer, nor to a person who is qualified for benefits under the terms or conditions of
an employer retirement er pension plan or system.
(7) Nothing herein shall be deemed to limit, restrict, or affect the freedom of any employer in
regard to:
(a) Fixing the compuiso~ retirement requirements for any class of employees at an age
or ages less than 70 years;
(b) Ffxing eligibility requirements for participation in or enjoyment bY empl°yees °f benefits
under any annuity plan er pension or retirement plan on the basis that any employee may be excluded
from eligibility who at the time he would otherwise become eligible for those benefits is actually older
than the age fixed in the eligibilffy requirements: and
(c) Keeping age records for any such purposes.
(8) This division on age discrimination shall not force the city to violate any state or federal
laws concerning age requirements. Thus, the city shall be bound by the provisions as stated in the state
code for employment in the City Police and Fire Departments.
(Ord. 85-OR-57, passed 10-7-85)
§ 9/.04 NONDISCRIlVlINATION REOI,rlREMENT ~ CITY CONTRACTS.
Every contract to which the city or any of its political or civil subdivisions is a party, including
franchises granted to the public utilities, shall contain a provision requiring the contractor and his
subcontractors not to discriminate against any employee or applicant for employment who is to be
employed in the performance of the contract, with respect to his hire, tenure, terms, conditions, or
privileges of employment or any matter directly or indirectly related to employment because of his race,
religion, color, sex, handicap, age, national origin, or ancestry. Breach of this covenant may be
considered a material breach of the contract.
(Ord. 85-OR-57, passed 10-7-85)
§ 9/.08 PROVISION AGAINST PI~:~'~ TREATMENT.
Nothing in this chapter shall be interpreted to require any person to grant preferential treatment to
any individual or any group because of the race, color, religion, handicap, sex, age, national origin, or
ancestry of the individual or group on account of an imbalance which may exist with respect to the total
number or percentages of persons of any race, color, religion, handicap, age, sex, national origin, or
ancestry employed by any employer, referred or classified for employment by any employment agency
or labor organization, admitted to membership or classified by any labor organization, or admitted to,
or employed in, any apprenticeship or other training program, in comparison with the total number or
percentages of persons of such race, color, religion, handicap, sex, age, national origin, or ancestry in
the city or in any contiguous area, or in the available work force.
(Ord. 85-OR-57, passed 10-7-85)
1NFESTIC~TIOAW OF DIS~TION
§ 97.10 COMPl. tAII~ PROCEDURE.
(A) A c~mp~aint charging that any pers~n has c~mmitted a discriminatory practice may be ~fled with
the Human Relations Commission at its office by:
(1) Any person claiming to be aggrieved by a d/scriminatory practice.
(2) A member of the Commission who believes that a discriminatory practice has occurred.
(B) The complaint shall be accepted by the Commission if:
(i) It is received within 180 days of the alleged discriminatory practice.
(2) It shall be verified.
(3) It states the full names and addresses of the complainant and of the person aggrieved by
F..qual Opportu~ty Policy 89
the alleged disc~hrrdnatory practice.
(4) It states the name and address of the respondent.
(S) It states the alleged discriminatory practice.
(6) it states the acts or omission of the respondent alleged to constitute discriminatory practice.
(7) It states the date of the alleged discriminatory practice.
(8) It includes a statement listing all other known actions, civil or crim~al, instituted before any
other administration agency, commission, department, or court, whether state or federal, based upon the
same grievance alleged in the complaint, with a statement as to the known status or disposition of any
such other action.
(C) The complaint may be amended or withdrawn by the complainant at any time prior to the notice
of hearing. Withdrawal of a complaint after notice of hearing shall require the written consent of a
majority of the Commissioners: amendment of a complaint after notice of hearing shall require the
approval of the Hearing Officer. The respondent must be informed of amendment ox withdrawal, and
be allowed six days to answer amendments.
(D) The ConU'mSsion may, after preliminary review of the complaint and prior to the scheduling of
any complaint or hearings as provided herein, refer any complaint to the State Civil Rights Commission
for proceedings in accordance with the State Civil Rights Act. In complaints involving discriminatory
practice in employment, it is advised that the complaint also be filed with the Equal Employment
Opportunity Commission.
(E) The chairperson of the Human Relations Commission shall cause a copy of the complaint to
be marled by certified or registered mail to the respondent and complainant at his last known residential
address or his last known place of employment within ten days from the date of filing of the complaint.
Respondent may file a written response to the complaint at any time prior to the commencement of the
hearing.
(F) All action taken, and information relative to a specific complaint obtained by the Commission
from the time of the fihng of a complaint until the ~ssuance of notice of hearing or until application for
a citation of contempt, shall be confidential, and shall not be made public.
(O) Nothing said or done during endeavors at conciliation shall be used as evidence in any
subsequent proceedings. Nothing stated in any conciliation or aff'n'mative action agreement shall be
interpreted as an admission by any pro',rision of this chapter.
(Ord. 85-OR-57, passed 10-7-85)
§ 97.11 II~F~ES~IGA~'E PROCEDUI~.
(A) Within 30 days after receipt of a complaint with the Human Relations Commission, the
chairperson shall initiate or refere an investigation of the alleged discrimination practice charged in the
complaint. The investigation shall be made by the members of the Commission, and may include, but
shall not be limited to, informal conferences or discussions with any party allegedly involved m or
familiar with the alleged discriminatory practice or practices. The investigation report shall be written.
90 Ie~e~onv~ - General Regu.b. tion~
A copy of the investigation report shall be sent to the complainant.
(B) If the Co--ion determines that the complainant should not be heard, the chairperson shall
issue and cause to be served upon the comp]aina.ut and respondent by certified or registered marl notice
of the Co~on's finding and declaration that it is the intention of the Corrumission to have the
complaint dismissed. The complainant shall have ten days after the m~i]iug of the notice to notify the
Commission of his request to have the decision of the Commission reviewed. Upon receipt of the review
request, the chairperson shall, within ten days, appoint a reviewing commissioner who shall review the
complainant's request and shall within 30 days detenuine whether the complaint should be heard by the
Comm~sion.
(C) If the reviewing commissioner does determine that the complaint should be heard, the
chairperson shall proceed as in§ 97.13.
(D) If the reviewing commissioner determines that the complaint should not be heard, the
chairperson shall issue and cause to be served upon the complainant and respondent by certified or
registered marl, at the address of the complainant and respondent set forth in the complaint, notice of
the reviewing commissioner's findings and a declaration that the complaint is dismissed.
(Ord. 85-OR-57, passed 10-7-85)
§ 9'1.12 CONC~.IATION PROC]~DUI~.
(A) After the reviewing commissioner has determined that the complaint should be heard, the
chairperson shall instruct his staff to endeavor to eliminate the alleged discriminatory practice or
practices by conference, conciliation, and persuasion. Any consent agreement resulting from
conference, conciliation, or persuasion shall be written. In the event an agreement is entered into, all
further proceedings relative to the alleged discriminatory practice as to any respondent who entered into
such agreement shall immediately terminate and be dismissed.
(B) The terms of any agreement shall be made a part of the records of the Human Relations
Cenurdssion. However, if parties to the agreement request that the agreement be confidential, the
agreement shall be confidential.
(Ord. 85-OR-57, passed 10-7-85)
§ 9'/.15 I"~,ARI~G$, FINDING'S, AND DECISIONS.
(A) In the event that the reviewing commissioner finds that a complaint should be heard, an
adversary public hearing of the issues raised in the complaint shall be held. For purposes of a hearing
under this section, not less than five commissioners shall be required. The chairperson or vice-
chairperson from the Human Relations Corrumission shall preside over the hearing.
(B) The chairperson shall cause to be served upon the respondent and the complainant, by certified
or registered mail, written notice of the time, date, and place of the hearing.
(C) The parties may appear at the hearing in person or by counsel. Testimony at the hearing shall
be made under oath and recorded. The hearing shall be conducted in a manner fairly calculated to
provide a full hearing of the evidence and to allow the Commission to reach a decision.
91
(D) The burden of proof shall be on the complainant to prove his case by a preponderance of the
evidence.
(E) The complainant and the respondent shall be parties to the proceedings held pursuam to this
section. Any person who is indispensable to a complete determination or settlement of matters raised
in the complaint may be joined as a party upon motion of any party.
(1~) The parties shall be permitted to call witnesses and to offer evidence and exhibits as are
relevant and material tc the issues raised in the complaint.
(G) Parties desiring a transcript of the hearing shall be furnished a copy at their own expense.
(ti) Findings of the Cortuuission upon hearing conducted pursuant to this section shall be by a
majority vote of the co--loners before whom the hearing is conducted.
(I) If, from a preponderance of the evidence, the Commission ~uds that the respondent has not
violated the prowsions of this chapter, it shah state its findings and serve written copy thereof upon the
parties and dismiss the complaint.
(j) j.f, from a preponderance of the evidence, the Corrumission finds that the respondent vi°lated the
provisions of this chapter, it shall issue its findings and recommendations in writing and cause a copy
to be served on the parties by certified or registered mail.
(K) Recommendations of the Commission entered pursuant' to this section may include any or all
provisions enUmerated in § 34.094(B).
(Ord. 85-OR-57, passed 10-7-85)
Section
98.01 Definition
98.02 Building Commissioner vested with responsibility of abandoned vehicles
98.03 Abandoned Vehicle Account
98.04 Disposition of abandoned vehicles
98.05 Towing and storage charges
§ 98.01 DEPII~'£,ON.
For the purpose of this chapter, the following definition shall apply unless the context clearly
indicates or requires a different meaning.
Defined by lC 9-22-1 as follows:
(1) A vehicle located on public property illegally;
(2) A vehicle left on public property continuously without being moved for three days;
(3) A vehicle located on public property in such a manner as to constitute a hazard or
obstruction to the movement of pedestrian traffic or vehicle traffic on a public right-of-way;
(4) Avehicle that has remained on private property without the consent of the owner, or pers°n
in control, of that property, for more than 48 hours;
(5) A vehicle from which there has been removed the engine, transmission, or differential or
that is otherw~e partially dismantled or inoperable and left on public property;
(6) A vehicle that has been removed by a towing service or a public agency upon request of
an officer enforcing a statute or ordinance other than IC 9-22-1 et seq., if the vehicle once impounded
is not claimed or redeemed bY the owner or his agent within 15 days of its remoVal; or
(7) A vehicle that is six or more model years old and mechanically inoperable and is left on
private property continuously in a location visible from public property for more than 30 days.
(Ord. 88-OR-16, passed 5-21-88)
§ 98.02 BUILD~G COlVllVlISSIONER VEST~-'~ wr~.'H I~ESPONSIBILI'i~ OF ABANDONED VEHICLES.
The City Building Commissioner and his employees are the public agency of the city vested with
the responsibility to remove, store, and dispose of abandoned vehicles.
(Ord. 88-OR-16, paSSed 5-21-88)
93
94 Jeffersonv~l~ - General Regulations
(A) All money received by the Building Commissioner as a result of his disposal of abandoned
vehicles as provided in § 98.04 shall be deposited to the Abandoned Vehicle Account.
(B) All charges for towing, storing, or removing such abandoned vehicles, incurred under § 98.04,
shall be paid from the Abandoned Vehicle Account.
(Ord. 88-OR-16, passed 5-21-88)
§ 98.04 DISPOSITION OF ABANDONED VEHICLES.
The city, through its Building Commissioner, may d/spose of abandoned vehicles or parts pursuant
to provisions of IC 9-22-1-23. An account to be known as the Abandoned Vehicle Account is hereby
established in accordance with IC 9-22-1-27 and 9-22-1-28 to be funded and used according to that
section, pursuant to which the Building Commissioner shall dispose of any vehicle with a value of less
than $i00, the owner of which cannot be identified through the vehicle identification number, tf a vehicle
or parts of a vehicle are in such condition that a vehicle identification number or other means of
identification are not available to identify the owner or lienholder, and the identity of such is not known,
the Building Commissioner shall dispose of such vehicle without notice, if the value of the same is less
than $100.
(Ord. 88-OR-16, passed 5-21-88)
§ 98.08 TOwu~'O AND STOItAG'E CHARGES.
(A) The charges for towing abandoned vehicles in the city shall not be more than' $50 per tow.
(B) The storage charges for abandoned vehicles shall not be more than $5 per day.
(C) The City Board of Public Works and Safety shall have the authority to amend the towing and
storage charges from time to time and shall notify the Bureau of Motor Vehicles of such amendments.
(Ord. 88-OR-16, passed 5-21-88)
99:. El~O]itJ EI~A~CT .r.~.~EPHONE S~'£~,~
Section
99.01
99.02
Enhanced emergency telephone system to be funded with fees
Interlocal agreement to govern collection and dispersal of fees
§ 99.01 ENHANCED EME~,4CY TELEPHONE SYS'r.~Vl TO BE FUNDED wA~A'H
In accordance with IC 36-8-16 et seq., an emergency telephone system fee may be established to
provide the funding for an enhanced emergency telephone system which utilizes the three-digit number
911 to send automatic number and location identification to reperting police, fn-e, medical, or other
emergency situations.
(Ord. 88-OR-24, passed 6-18-88)
§ 99.02 I~'r~=~,LOCAL AG~-:~:.,~T TO GOVEP,.N COLLECTION AND DISPERSAL OF i-'~:,-:S.
(A) A monthly fee per telephone access line will be collected by the set'ce supplier in the am°unt
of $.80 per month commencing Decerruber 1988. This fee will continue monthly thereafter, subiect to
either an increase or decrease of said fee pursuant to the terms of the interlocal agreement executed
between the City of Jeffersenville and the Town of Clarksw'ille which is hereby incorporated by reference
as i~ fully set forth herein.
(B) The Clerk-Treasurer of the Town of Clarksvflle, Indiana~ shall establish and administer a joint
fund between the Town of Clarksville and the City of ]effersonville. This fund shall be for depositing
access line charges collected by the service supplier and paid into the joint fund, and also for the
purpose of disbursing monies for the appropriate fees to defray the expenses of the service supplier in
supplying said service.
(Ord. 88-OR-46, passed 10-3-88)
95
~I-IAP'i'~.~ 100:. BLASTING REG'I.rI~ION~
Section
100.01
100.02
100.03
100.04
100.05
100.06
100.07
100.08
100.09
100.10
100.11
100.12
100.13
100.14
100.15
100.16
100.17
100.18
100.19
Definitions
Permit required
Obtaining permits in advance
Permit approval
Revoking a permit
Blasting fee
Time for blasting
Written notice prior to blasting required
Emergencies
Right to respect
Insurance required
Dust control
Blaster qualifications
Maxmtum charges for explosives to be used in blasting
Max/mum number of delays for delay firing
Maximum peak particle velocity
Additional seismographic monitoring required upon request
Safety cover required
Notice of damage to life or proper~y of another
100.99 Penalty
§ 100.01 DEFIh~'nON~.
For the purpose of this chapter, the following definitions shall apply uniess the context clearly
indicates or requires a different meaning.
.~O.~RD. The City of Jeffersonvllle Board of Publ/c Works and Safety.
C/TE. The City of Jeffersonville, Indiana.
C01VT, tlAC'/'O.R. The person, corporation or entity which conducts blasting.
Any substance or substances used in combination which are capable of explosion.
~CE. An activity which arises from unreasonable, unwarranted or unlawful use of real
property by a person, which use works an obstruction or injury to the right of another, or the public, or
which produces material annoyance, inconvenience or discorrdort to, or giving offense to the senses of,
persons occupying adjacent properties.
97
98 Jeffemonville - Oeneral Re~tions
,P~2~s.~-12:;/:;. The person, corporation or entity who obtains the permit required by this chapter.
(Ord. 93-OR-12, passed 5-3-93)
Any person or business which uses explosives within the corporate limits shall obtain a permit for
blasting prior to the time blasting occurs. The permittee shall be the owner or lessee of the real
property upon which the blasting is to occur or the contractor conducting the blasting. Permits shall be
of two types, annual permits and project permits.
(A) All permit applications shall contain, at a minimum, the following information:
(1) Name and permanent address of contractor;
(2) The name of the blasting site manager and satisfactory evidence of his competency in
handling explosives and in performing, in a safe manner, the type of blasting that will be conducted.
(3) The name and address of the liability insurance carrier for the contractor or permitee;
(4) The policy number and limits for liability insurance carried by the contractor or permitee.
(B) Project permits. Projectpermitsarevalidforaspecificconstructionordemolitionprojectwhich
is not to exceed three months in duration and which is part of one particular project or job. In addition
to the infonuation previously required to be contained on a permit application, an applicant for a project
permit shall disclose the following information prior to issuance of a permit:
(1) The closest distance to the nearest public thoroughfare, building or real or personal
property not owned or leased by the penuittee or contractor;
(2) Name and address of person owning the property where blasting will occur;
(3) A description of the type of blasting and of where the blasting will take place;
(4) A statement describing the purpose and necessity of the blasting.
(C) Annual permits. Annual permits are valid for a period of up to 365 days, regardless of the
number of projects which the contractor undertakes or the location of the project or job within the city.
In addition to the information previously required to be contained on a permit application, an applicant
for an annual pen'nit shall provide the City Engineer, in writing, of the following information for each
separate project or job when blasting will take place, and shall provide that information prior to blasting
on a separate job or project:
(1) The closest distance to the nearest public thoroughfare, building or real or personal
property not owned or leased by the perrrdttee or contractor;
(2) Name and address of person owning the property where blasting will occur;
(3) A description of the type of blasting and of where the blasting will take place;
(4) A statement describing the purpose and necessity of the blasting.
(Ord. 93-O1t-12, passed 5-3-93) Penalty, see § 100.99
99
§ 100.03 OBTA1NI1/G PEItMITS IN ADVANCE.
Blasting permits must be obtained in advance of the time blasting is to occur.
(Ord. 93-OR-12, passed 5-3-93) Penalty, See § 100.99
§ 100.04 PERM1T APPROVAL.
The Board of Public Works and Safety must approve all blasting permit applications before a permit
can be issued under this chapter. A permit shall be issued unless the Board finds that issuance of a
permit would, in all 1Lkelyhood, pose a danger or nuisance to any inhabitants er property in the city.
(Ord. 93-OR'12, passed 5-3-93)
§ 100.0~ REVOIi~G A PERMIT.
(A) In the event that any Board of Public Works and Safety member has good reason to believe
blasting has or will become a danger or nuisance to persons or property within the city, after issuance
of the permit but before its expiration, the Board shall hold a hearing and may revoke a previously issued
blasting permit. In such a case written notice of the meeting at which the Board shall consider this action
shall be provided to the contractor at least 48 hours prior to the Board's meeting.
(B) If a permit is revoked no further blastingshall take place until the permit is reinstated °r an°ther
permit is issued. A permit shall be re-issued unless the Board finds that reissuance of a permit would,
in all likelyhood, pose a danger or nuisance to any persons or danger to property in the city.
(Ord. 93-OR-12, passed 5-3-93)
§ 100.06 BLASTING ~'.~.
A blasting fee shall be paid before a permit for blasting can~ be issued. Annual permits shall cost
$500. Project permits shall cost $150.
(Ord. 93-OR-12, passed 5-3-93)
§ 100.0'/ ~ FOR BLASTING.
Blasting shall not be permitted before 9:00 a.m. or after 5:00 p.m., unless prior approval is received
from the Board of Public Works and Safety.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
100 Je~e~o~ - C~eneral Re~.lations
§ 100.08 '~Wu'rr~ NOTI~ PP, IOR TO BLASTING REOUIP, ED.
In addition to obtaining a permit, the perraittee or contractor shall notify the City Engineer's office,
in writing, during the City Engineer's regular business hours, of the exact times anticipated for blasting .
each day. Notice shall be given prior to the first blast of the day of the place(s) and time(s) detonation
is expected to occur. (Notice by facsimile transmission will be considered written notice when actually
received by the City Engineer).
(Ord. 93-OR-1~., passed 5-3-93) Penalty, see § 100.99
In the event of an emergency or life threatening situation a charge can be detonated immediately
contrary to the prior two sections, at the risk of the permittee and/or contractor. In such an event the
City Engineer's office shall be notified by telephone as soon as practical of the reason necessitating the
detonation contrary to the provisions of this chapter and a written explanation shall be forwarded to the
Board of Public Works and Safety within five days.
(Ord. 93-OR-12, passed 5-3-93)
§ I00.10 P, IG"n~T TO INSPECT.
The City Engineer, or his designee(s), shall be allowed to inspect the blast site prior to, during or
after blasting.
(Ord. 93-OR-12, passed 5-3-93)
§ 100.11 INSURANCE REQUIRED.
Prior to the time a permit is issued under this chapter, the permittee or contractor shall/'de with the
Board of Public Works and Safety proof that the permittee and/or contractor carries liability insurance
in an amount of not less than $500,000. However, in the event blasting occurs within 500 feet of any
public thoroughfare, building or real or personal property not owned or leased by the permittee or
contractor the permittee and/or contractor shall file with the Board proof that the perrrdttee and/or
contractor carries liability insurance in an amount of not less than $1,000,000.
(Ord. 93-OR-12, passed 5-3-93)
§ 100.12 DUST CO1TI~OL.
Any permittee or contractor conducting blasting shall not permit dust to be created in amounts so
as to pose a nuisance to the adjoining property owners or other inhabitants of the city.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
§ 100.13 BLAS'~'~.;~ OUALIFICATIONS.
A contractor or permitee shall not allow blasting to be conducted by an unqualified blaster. A
blaster shall be qUalified by reason of training, knowledge or experience, in the field of transporting,
storing, handling and the use of explosives, and having a working knowledge of state and local laws,
regulations and ordinances.
(Ord. 93-OR-12, passed 5-3-93)
§ 100.14 MA~MUM ~'I-IAI~ OF t~PLOS1VES ?O BI~ USI~D I~ BLASTING.
(A) The maximum amounts of explosives which can be used for a blasting activity within the city
without monitoring with a seismograph are as follows:
Distance in £eet imm blast area
to nearest public thorough£are,
personal property or real property
not owned or leased by the
perrnittee or contractor.
M~rnum quantity of explosive
(in pounds) per shot for
instantaneous firing, or
per delay, for delay firing.
5-10 0.125
11-15 0.25
16-20 0.S0
21-25 0.75
26-30 1.00
40 2.25
50 3.50
60 4.75
70 6.00
80 7.25
90 8.50
100 9.75
150 16.00
200 22.00
3O0 34.75
400 64.00
500 100.00
600 144.00
700 196.00
800 256.00
900 324.00
1000 400.00
(B) In the event that using the maximum amount of explosives outlined above would pose a danger
or nuisance, only aid amount of explosives which would be safe and reasonable under the circumstances
shall be used. In the event that an amount of explosives in excess of the amounts outlined above is
used, a seismograph shall be placed adjacent to the point closest to the blast which is not upon proper~y
owned or leased by the person or entity who hires the contractor for purpose of blasting.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
102 Jeffe~o~
§ 100.18 ~ NUMBER OF DEIJ~'S FOR DEI~" ~G.
When blasting is performed using a series of delays, there may be a maximum number of 30 delays
in a series. No two consecutive charges, or subcharges within a charge, shall be separated by a delay
time of less than eight m~ll~econds.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
§ 100.16 MAXIMIYM PEAK PARTICLE
In all blasting activities the ~um peak particle velocity of the ground motion in any direction
shall not exceed two inches per second at the location of structure, building, thoroughfare, or public
place not owned or leased by the person or entity who hires the contractor for purpose of blasting,
unless seismographic monitoring is conducted as outlined above.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
§ 100.17 ADDITIONAL SE~SMOG'It,qPHIC MONITORING REOUI~k'~ UPON REOUEST.
Upon request of the City Engineer a contractor shall place a properly functioning seismograph at
a location adjacent to any blast, and shall allow the City Engineer to observe and record the results of
the seismic activity which results from a blast. The contractor shall be required to provide proof that the
seismograph is in good working order at the time of the reading upon request of the City Engineer.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
§ 100.18 SAFETY' COV~:~ REOUIR]~.
Any contractor blasting within 500 feet of any public thoroughfare, building or real or personal
property not owned or leased by the permittee or contractor shall cover the area to be blasted and,
where possible, an area at least ten foot laterally to each side from the blast location, with fill of sand,
d~, or gravel of particles of a size not exceeding a diameter of one half inch. This fill shall be brought
up to a depth of not less than two and one half feet at all areas requinng cover fill under this chapter,
prior to blasting. This requirement may be waived by the Board of Public Works and Safety upon a
showing that the absence of cover will not pose a danger to life or the property of others, that it would
make construction or mining unfeasable or that it may pose a greater danger or nuisance than blasting
without safety cover.
(Ord. 93-OR-12, passed 5-3-93) Penalty, see § 100.99
§ 100.19 NOTICE OF DAMAGE TO LIFE OR PROPER?Y OF
When a permittee or contractor receives a report of or otherwise becomes aware of a claim of injury
to human or animal life or damage to property of another, which has occurred as a result of or in
connection with any blasting activities being conducted by the permittee or contractor, notice of the
report, injury or damage shall be immediately reported to the office of the City Engineer and written
notice of the report, injury to life or damage to property shall be given to the Board of Public Works and
Safety within five days.
(Ord. 93-OR-12, passed 5-3-93)
Bl~tfn~ Re~tlations 103
§ 100.99 PENAh~Y.
Whoever violates this chapter, or any provision of this chapter, shall be freed a maximum of $2,500
for each violation and, at a minimum, shall be assessed a fine in an amount equal to all necessary costs
(including but not limited to court costs, legal fees and expert fees) incurred by the city in the successful
prosecution of a violation of this chapter. A separate violation shall be deemed committed each instance
the provisions of the chapter are not adhered to and on each day a violation continues.
(Ord. 93-OR-12, passed 5-3-93)
Jel~.ao~ - C~neml Regula. tions
CHAPTr. ai 101: MOTOR VEHICLE AND WA'rr.~CRAFT SALE AND STORAGE
section
101.01
101.02
101.03
101.04
101.06
101.06
101.07
101.08
Ownership requirements for vehicles and watercraft displayed for sale
Definitions
~um number of vehicles to be sold; displayed for sale
Prohibited sales on residential property
Vehicle must be displayed in front of residence
Display time limited
Storage of certain vehicles
Authorization of police; responsibility of owner
101.99 Penalty
§ 101.01 OWNERSItlP REQUIREMENTS FOR VEHICLES AND WA'i'~CRAFT DISPLAYED FOR SALE.
All motor vehicles and watercraft, as defined in § 101.02 of this chapter, displayed for sale on real
property which is zoned for residential use within the city must be owned by the legal title holder of said
property. The real property records maintained by the Clark CountyAuditor and the vehicle titles issued
and maintained by the Indiana Bureau of Motor Vehicles shall be deemed prima facie evidence with
regards to construing the provisions of this chapter.
(Ord. 91-OR-57, passed 11-4-91) Penalty, see § 101.99
§ lOl.Ol~ DI/IFI~I'r~ONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
.,~rOq'OR V~-'U~. As boats, boat or car trailers, recreational vehicles, trucks over l'.& tons in gross
weight.
WAT,~. Defined as set forth by lC 14-1-1-1, and any successor statute adopted by the
Indiana Legislature.
(Ord. 91-OR-57, passed 11-4-91)
§ 101,03 MAXIMUM NUMBER OF VEHICLES TO BE SOLD; DISPIJ~9 FOR SALE.
Sales of motor vehicles and waterCraft covered hereunder shall be limited to a maximum of five per
calendar year for each parcel of residentially zoned property as evidenced by the Key Numbers
105
106 Jefferso~-C, enemIP, eguIations
maintained by the Clark County Auditor. However, only one such motor vehicle or watercraft may be
displayed for sale at any particular time upon said property.
(Ord. 91-OR-57, passed 11-4-91) Penalty, see § 101.99
§ 101.04 PROHIBn'r.~ S)~T.~ ON RESID~ PROPERTY.
Notwithstanding the provisions set forth hereinabove, no truck exceeding 1% tons in gross weight
shall be displayed at any time for sale on property zoned residential in the city.
(Ord. 91-OR-57, passed 11-4-91) Penalty, see § 101.99
§ 101.0~ VI~II~ MU~? BE DISPLAYED IN FRONT OF P3~$IDENCE.
No motor vehicle as defined in this chapter requiring a title from the Indiana Bureau of Motor
Vehicles, may be displayed for sale on a public street or alley, except in front of the residence of the
owner of the vehicle, in the city.
(Ord. 91-OR-57, passed 11-4-91) Penalty, see § 101.99
§ 101.06 DISPLAY ~ Lll~'r,-.',,.
Displays of any motor vehicle and/or watercraft covered by the terms of this chapter shall not
exceed a continuous period of 30 days for each such motor vehicle or watercraft offered for sale upon
residentially zoned property in the city. Each such motor vehicle or watercraft which is displayed on
any single parcel of property for a continuous period of 30 days must be removed for display and sale
upon said property for a minimum period of 45 days prior to being again offered and displayed for sale
upon said property.
(Ord. 91-OR-57, passed 11-4-91) Penalty, see § 101.99
§ 101.07 STORAGE OF CERTAIN VI~HICLI~.
Storage of vehicles modified for stock car racing, off-road racing, or other similar activ/ty, shall be
1/mited to the enclosed conf'mes of a garage or sim.iht accessory building constructed upon any parcel
of real property which is zoned residential. Such vehicles shall not be stored in the front, side, or rear
yards of any residentially zoned property or within such yard upon a trailer. Such vehicles, whether on
a trailer or not, shall also. not be parked on public streets or alleys in areas zoned residential in the city.
All parts for such vehicles shall not be stored outside unless enclosed in a proper storage building in
accordance with the Indiana State Building Code as adopted by the city. Work upon such vehicles shall
be performed within an enclosed structure and any noise which is occasioned by wortdng upon such
vehicles in a residentially zoned area shall cease at 7:00 p.m. local time, and such noise is totally
prohibited on Sundays and legal holidays as defined by the this code of ordinance.
(Ord. 91-OR-57, passed 11-4-91) Penalty, see § 101.99
§ 101.0~ AUTHORIZATION OF POLICE; RESPONSIBILITY OF OWNER.
Whenever any Jeffersonville police officer finds a motor vehicle or watercraft displayed for sale upon
a public street or alley within the city in violation of this chapter, the officer is hereby authorized to
Motor Vehicle and Watewm.~ Sale and Storage
107
provide the removal of such vehicle or watercraft from the public street or alley by a towing service
retained by the Police Department. The owner of the motor vehicle or watercraft shall be responsible
for and must satisfy any towing charges occasioned by enforcement of this chapter prior to release and
return of the subject motor vehicle or watercraft. The owner of any motor vehicle or watercraft which
is removed under the provisions of this chapter shall also be cited before a court of competent
jurisdiction for violation of the terms of this chapter.
(Ord. 91-OR-57, passed 11-4-91)
§ 101.99 PENAL'rY.
Violators of this chapter may be issued a citation by the Police Department to appear before a court
of competent jurisdiction, and within the discretion of such court shall be assessed a civil fine of not less
than $100 nor more than $1,000 upon a finding that this chapter has been v~olated.
(Ord. 91-OR-57, passed 11-4-91)
108 Je~emonvF~ - Oener~l
102: AIJa'~i{; BURGL~ ~
Section
102.01 Reporting false alarm prohibited
§ 102.01 REPORTING FALSE AIJ~RM PROH~,'£~.a~.
(A) It is hereby ordained by the Common Council that no person, corporation, business or other
entity shall report a false alarm to the City Police Department.
(B) Persons who report false alarms to the Police Department shall be f'med as follows:
(1) Three false alarms shall be allowed each alarm device in any 12 month per/od with no f'me.
(2) The service charge of $25 shall be paid by the alarm holder to the city for each of the
fourth and f'~h false alarms received by the Police Department from each alarm holder's alarm device,
during any 12 month period.
(3) A service charge of $50 shall be paid for false alarm'in excess of five false alarms received
by the Police Department from each alarm holder's alarm device during any 12 month period.
(C) Any company reporting an alarm as the agent for an alarm holder shall be jointly and severally
liable for the payment of fines as outlined above.
(D) All charges relative to false alarms shall be paid directly to the city to the general fund.
(Ord. 93-OR-2, passed 1-4-93)
109