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HomeMy WebLinkAbout1972-OR-36 ORDINANCE NO. AN ORDINANCE ~DOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAb OF FIRE PREVEN- TION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA. SECTION 1. ADOPTION OF FIRE PREVENTION CODE. THERE IS HEREBY ADOPTED BY THE CITY OF. JEFFERSONVILLE, INDIANA FOP THE PURPOSE OF PRESCRIBING REGULATIONS G(~VERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, THAT CERTAIN CODE KNOWN AS THE FIRE PREVENTION CODE RECO~MENCED BY THE AMERICAN INSURANCE ASSOCIATION, BEING PARTICULARLY THE 1970 EDITION THEREOF AND THE WHOLE THEREOF, SAVE AND EXCEPT SUCH PORTIONS AS ARE HEREINAFTER DELETED, MODIFIED OR APENDED (BY SECTION TEN(lO} OF THIS ORDINANCE),WHICH COOE IS NOW FILED IN THE OFFICE OF THE CLEPK OF THE CITY OF JEFFERSONVILLE, INDIANA, AND IS AVAIL- APLE TO THE PUBLIC~ IS HEREBY ADOPTED AND INCORPORATED AS FULLY AS IF SET OUT AT LENGTH HEREIN, AND FROM THE [~ATE ON WHICH THIS ORDINANCE SHALL TAKE EFFECT, THE PROVISIONS THEREOF SHALL BE CON- TROLLING WITHIN THE LIMITS OF THE CITY OF JEFFERSON\lILLE, INDIANA. SECTION 2. ESTABLISH~ENT AND DUTIES OF BUREAU OF FIRE PREVENTION. A. THE FIRE PREVENTION CODE SHALL BE ENFORCED BY THE BUREAU OF FIRE PREVENTION IN THE FIRE DEP~RTMENT OF THE CITY OF JEFFERSONVILLE~; INDIANA WHICH IS HEREBY E~TABLISHED AND WHICH SHALL BE "PERATED UNDER THE SUPERVISION OF THE CHIEF OF THE FIRE EEPAPTMENT. B. THE CHIEF (OR FIRE HARSHAL) I~ CHARGE OF THE BUREAU OF FIRE PREVENTION SHALL BE APPOINTED BY THE BOARD OF PL)F~LIC WORKS AND SAFE'TY ON THE BASIS OF EXAPINATION TO DETERMINE HIS QUALI- FICATIONS. HIS APPOI~:T~ENT SHALL CONTINUE DUPING GOOD t~EHAVIOR AND SATISFACTORY SERVICE, AND HE SHALL NOT BE PE~iOYED F'RO~ OFFICE EXCEPT FOR CAUSE. THE CHIEF OF THE FIRE DEPARTMENT MAY DETAIL SUCH MEMBERS OF THE FIRE DEPARTMENT AS INSPECTORS AS SHALL FROM TIME TO TIME BE NECESSARY. THE CHIEF OF THE FIRE DEPARTMENT SHALL RECOMMEND TO THE BOARD OF PUBLIC WORKS AND SAFETY THE EMPLOYMENT OF TECHNICAL INSPECTORS, WHO~ WHEN SUCH AUTHORI- ZATION IS MADE, SHALL BE SELECTED THROUGH AN EXAMINATION TO DETERMINE THEIR FITNESS FOR THE POSITION. THE EXAMINATION SHALL BE OPEN TO PEMBERS AND NON-MEMBERS OF THE FIRE UEPART- MENT~ AND APPOINTMENTS MADE AFTER EXAMINATION AND ACCEPTANCE BY THE PENSION BOARD OF TRUSTEES OF FIRE DEPARTMENT. APPOINTMENT SHALL WITH REMOVAL ONLY FOR CAUSE. THE JEFFERSONVILLE~ INDIANA BE FOR AN INDEFINITE TERM .,D,, A REPORT OF. THE BUREAU OF FIRE PREVENTION SHALL BE MADE ANNUALLY AND TRANSMITTED TO THE MAYOR AND COMMON COUN- CIL; IT SHALL CONTAIN ALL PROCEEDINGS UNDER THIS CODE~ WITH SUCH STATISTICS AS THE CHIEF OF THE FIRE DEPARTMENT MAY WISH TO INCLUDE THEREIN; THE CHIEF OF THE FIRE DEPARTMENT SHALL ALSO RECOMMEND ANY AMENDMENTS TO THE CODE WHICH~ IN HIS JUDG- MENT~ SHALL BE DESIRABLE. SECTION 3,: DEFINITIONS.._ A. WHEREVER THE WORD "MUNICIPALITY" IS USED IN THE FIRE PREVENTION CODE, IT SHALL BE HELD TO MEAN THE CITY OF JEFFERSONVI LLE ~ INDIANA. B. WHEREVER THE TERM "CORPORATION COUNSEL" IS USED IN THE FIRE PREVENTION CODE~ IT SHALL BE HELD TO MEAN THE ATTORNEY FOR THE CITY OF JEFFERSONVILLE~ INDIANA. WHEREVER THE WORDS "CHIEF OF THE BUREAU OF FIRE PREVENTION" ARE USED IN THE FIRE PREVENTION CODE THEY SHALL BE HELD TO MEAN THE FIRE MARSHAL. SECTION STORA6E 4.. ESTABLISHMENT OF LIMITS 'OF DISTRICTS IN WHICH OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITEQ~ THE LIMITS REFERRED TO IN SECTION 12.5B OF THE FIRE PREVENTION CODE, IN WHICH STORAGE OF EXPLOSIVE AND BLASTING AGENTS IS PROHIBITED~ ARE HEREBY ESTABLISHED dS FOLLOWS: RI~ R2~ Bi~ B2, B3~ AND BSC AS THEY APPEAR ON THE OFFICIAL ZONING MAP OF THE CITY OF JEFFERSONVlLLE, INDIANA. -2- SECTION 5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVEGROUNO TAN~..~ IS TO BE PROHIBITED. ~. THE LIMITS REFERRED TO IN SECTION 16.22A OF THE FIRE PREVENTION CODE IN WHICH STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED, ARE HEREBY ESTAB- LISHED AS FOLLOWS: RI, R2, 81-, 82, 83, AND 8SC AS THEY APPEAR ON THE OFFICIAL ZONING MAP OF THE CITY OF JEFFERSONVILLE, IND- IANAo B. 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, ARE HEREBY ESTABLISHED AS FOLLOWS: RI, R2, BI, B2, B3~ AND BSC AS THEY APPEAR ON THE OFFICIAL ZONING MAP OF THE CITY OF JEFFERSONVILLE, INDIANA. SECTION 6. ESTABLISHMENT OF LIMITS IN WHICH BULK STOR. AG~E OF ... LIQUIDFIED PETROLEUM GASES IS TO BE RESTRICTED. THE LIMITS REFERRED TO IN SECTION 21.6A OF THE FIRE PREVENTION CODE, IN WHICH BULK STORAGE OF LIQUIDFIED PETROLEUM GAS IS RESTRICTED, ARE HEREBY ESTABLISHED AS FOLLOWS: BI, B2, B3, AND BSC AS THEY APPEAR ON THE OFFICIAL ZONING MAP OF THE CITY OF JEFFERSONVILLE, INDIANA. SECTION 7- ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS. THE ROUTES REFERRED TO IN SECTION 12.7M OF THE FIRE PREVENTION CODE FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLAST- ING AGENTS ARE HEREBY ESTABLISHED AS MAY BE, FROM TIME TO TIME, DESIGNATED BY THE BOARD OF PUBLIC WORKS AND SAFETY AS CONDITIONS WARRANT. SECTION 8. ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES._. THE ROUTES REFERRED TO IN SECTION 20.14 OF THE FIRE PREVENTION CODE FOR VEHICLES TRANSPORTING HAZARDOUS CHEMICALS AND OTHER DANGEROUS ARTICLES ARE HEREBY ESTABLISHED AS MAY BE, FROM TIME TO TIME~ DESIGNATED BY THE BOARD OF PUBLIC WORKS AND SAFETY AS CONDITIONS WARRANT. -3- SECTION 9. ESTABLISHMENT OF FIRE LANES ON P~tVAT~ pROPERTY, DEVOTED TO PUBLIC USE. THE FIPE LANES REFERRED.TO IN SECTION 28.16 OF THE FIRE PREVENTION CODE MAY, FROM TIME TO TIME, BE ESTRBLISHED BY'THE BOARD OF PUBLIC WORKS AND SAFETY AS MAY BECOME NECESSARY. SECTION 9.1. CARELESS FIRES INCLUDING SMOKING. NO PERSON SHALL, BY ANY MEANS WHATSOEVER, THROUGH CARE- LESSNESS, NEGLECT, OR NEGLIGENCE, SET FIRE TO, OR CAUSE THE BURN- lNG OF ANY BEDDING, FURNITURE, RUG, CURTAIN, DRAPE, OR OTHER HOUSEHOLD FURNISHING OR FITTING OR ANY OTHER PART OFA BUILDING OR PREMISE, IN ANY HOTEL, MOTEL, ROOMING HOUSE, LODGING HOUSE, APARTMENT HOUSEj TENEMENT HOUSE, CONVALESCENT HOME, HOME FOR THE AGED, HOSPITAL, CHILD CARE SIMILAR PLACE OF ABODE IN THE CITY, IN SUCH A ENDANGER THE SAFETY OF ANY HOME, NURSING FACILI'TY, OR MANNER AS TO PERSON OR PROPERTY. .SECTION 9.2. FALSE FIRE ALARM. IT SHALL BE UNLAWFUL FOR ANY PERSON TO GIVE OR CAUSE TO BE GIVEN OR CIRCULATED A FALSE ALARM OF FIRE OR TO GIVE ANY SIGNAL FROM ANY SIGNAL BOX, EXCEPT IN CASE OF FIRE, WITH THE INTENT TO DECEIVE OR CAUSE THE FIRE DEPARTMENT TO RESPOND TO SUCH FALSE ALARM. SECTION 9.3. AUTHORITY TO CLOSE PLACE OF PUBLIC ASSEMBLY. THE CHIEF OF THE FIRE DIVISION OR HIS AUTHORIZED ASSISTANTS ARE AUTHORIZED TO CLOSE A PLACE OF PUBLIC ASSEMBL'? (AS DEFINED IN LIFE SAFETY CODE, 1970 EDI,ION, NFPA NO. SECTION 8.1, PARAGRAPH NO. 8-1131) BY PADLOCKING SAME OR BY PLACING A NOTICE "CLOSED TO THE PUBLIC", ON THE ENTRANCE DOORS~ IMMEDIATELY UPON EXPIRATION OF TIME GIVEN tN WRITING TO CORRECT ANY CERTAIN HAZARD, OR UP(iN 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. THE CHIEF OF THE FIRE DIVISION MAY DELEGATE ANY OF HIS POWERS OR DUTIES UNDER THIS CODE TO THE CHIEF OF THE BUREAU OF FIRE PREVENTION. -4- SECTION 9.4. UNVENTABLE TYPE-GAS FIRED ROOM HEATERS NOT TO BE SOLD OR INSTALLED. A. AS USED IN THIS SECT!ON;(!'GA$ FIRED, ROOM HEATING DEVICE OF THE UNVENTABLE TYPE") MEANS A SELF CONTAINED, FREE STANDING, AIR HEATING, GAS FIRED APPLIANCE~ DESIGkED AS A SPACE NEATER FOR AN ENCLOSED STRUCTURE. B. "ENCLOSED STRUCTURE" INCLUDES A ROOM USED FOR PUBLIC ASSEMBLY, EDUCATIONAL, INSTRUCTIONAL, MERCANTILE, OFFICE, OR RESIDENTIAL PURPOSES (INCLUDING MOBILE HO~ES, TRAVEL TRAILERS, AND HOUSE BO~TS).. C. NO PERSON, FIRM OR CORPORATION SHALL SELL AT RETAIL OR WHOLESALE, OR OFFER OR EXPOSE FOR SALE AT RETAIL OR WHOLESALE ANY GAS FIRED ROOM HEATING DEVICE OF THE UNVENTABLE TYPE, OR OTHER TYPE WHICH HAS ~IOT BEEN APPROVED BY AGA(AMERICAN GAS ASSOCIATION) OR THE FIRE MARSHAL. D. NO PERSON, FIRM OR CORPORATION SHALL INSTALL IN ANY ROOM OR .ENCLOSED STRUCTURE ANY GAS FIRED ROOM HEATING DEVICE OF THE UNVENTABLE TYPE OR OTHER TYPE WHICH HAS NOT BEEN APPROVED BY AGA (AMERICAN GAS ASSOCIATION) OR THE FIRE MARSHAL. E__.. NO PERSON, FIRM, OR CORPORATION WHO MAY OWN A GAS- FIRED HEATING DEVICE OF THE UNVENTABLE TYPE OR WHO MAY OCCUPY AN ENCLOSED STRUCTURE IN WHICH SUCH A PROSCRIBED HEATER IS INSTALLED, SHALL CONTINUE TO USE OR OPERATE SAID PROSCRIBED HEATER AFTER RECEIPT OF A WRITTEN ORDER TO DISCONTINUE THE USE OF THE PROSCRIBED HEbTER. SECTION 10. AMENDHENTS MADE IN THE FIRE PREVENTION CODE. THE FIRE PREVENTION CODE IS AMENDED AND CHANGED IN THE FOLLOWING RESPECTS: SECTION I.~-PARAGRAPH "A" OF THE FIRE PREVENTION CODE TO READ AS FOLLOWS: IT SHALL BE THE DUTY OF THE CHIEF OF THE F'IPE DEPARTMENT TO INSPECT OR CAUSE TO BE INSPECTED BY THE BUREAU OF FIRE PREVEN- TION, OR BY THE FIRE DEPART~lENT OFFICERS OR ~EPBERS OF THE FIRE DEPARTMENT WHEN DIRECTED BY THE CHIEF ALL BUIL[ING$ AND PREMISES WITHIN THE CITY, INCLUDING APARTHENT BUILDINGS HOUSING THREE (3) OR MORE APARTHENTS OR FA~'ILIES -5- SECTION 10. SUB SECTION AMENDMENTS MADE IN THE FIRE PREVENTION CODE AND 1.4-PARAGRAPH "A" IS CONTINUED FRO~ PAGE 5. BUILDINGS OR DWELLINGS IN SUCH A STATE OF DISREPAIR OR DILA- PIDATED CONDITION, WHETHER OR NOT THE REASON FOR SUCH DILAPI- DATION IS FROM VACANCY OR ANY OTHER REASON AND WHERE SUCH DILAPIDATION AFFECTS THEREOF OR NEIGHBORS MAY BE NECESSARY FOR THE HEALTH OR SAFETY OF THE OCCUPANTS THERETO, MAY BE INSPECTED dS OFTEN AS 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 ~ADE FOR ANY VIOLATION OF THE PRO- VISIONS 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 (I) OR TWO (2) FAMILIES. .SECTION 1,4- PARAGRAPH "C"~ IN ANY CASE WHERE A PRO- VISION OF THE ORDINANCE IS FOUND TO BE IN CONFLICT WITH THE PROVISIONS OF ANY ZONING~ BUILDING, PLUMBING, ELECTRICAL~ HEATING~ VENTILATION, OR SAFETY CODE OF THE CITY OF jEFFER- SONVILLE~ INDIANA~ EXISTING ON THE EFFECTIVE DATE OF THIS ORDINANCE~ THE PROVISION WHICH ESTABLISHES THE HIGHER STANDARD FOR THE PROMOTION AND PROTECTION OF THE HEALTH AND SAFETY OF THE PEOPLE SHALL PREVAIL. GENERAL PROVISIONS OF SECTION 1.5 (F) "ORDERS TO ELIM- INATE DANGEROUS OR HAZARDOUS CONDITIONS" IS AMENDED TO INCLUDE AND READ AS FOLLOWS: ANY BUILDING OR OTHER STRUCTURE WHICH FOR WANT OF REPAIRS~ LACK OF ADEQUATE EXIT FACILITIES, AUTO- MATIC OR OTHER FIRE ALARM APPARATUS OR FIRE EXTINGUISHING EQUIPMENT, OR BY DAMAGED BY FIRE, CONDITION. REASON OF AGE OR DILAPIDATED CONDITION, OR FROM ~NY.OTHER CAUSE~ £RE~TES Ai'HAZA'RDOUS SECTION 1.6- ADD TO PAR/IGRAPH "A". 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 CIRCU- LATION IN THE COMMUNITY QUALIFIED TO PUBLISH LEGAL NOTICES AS FOLLOWS: ONCE EACH WEEK FOR TWO (2) CONSECUTIVE WEEKS WITH THE TIME FOR SUCH HEARING SET.NOT SOONER THAN TEN (iD) DaYS AFTER THE LAST PUBLICATION~ SECTION 1.7. '~ I~VESTIGATION OF FIRES" IS AMENDED TO INCLUDE: PARAGRAPH (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. SECTION i.9(C). IS AMENDED AS FOLLOWS: ALL APPLICATIONS FOR A P,ERMIT REQUIRED BY THIS CODE SHALL BE MADE TO THE BUILD- ING COMMISSIONER OF THE CITY OF JEFFERSONVILLE, INDIANA, 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 OF THE CITY OF JEFFERSONVILLE, INDIANA. ALL SUCH APPLICATIONS FOR A PERMIT AND PLANS REQUIRED BY THIS CODE SUBMITTED TO THE BUILDING COMMISSIONER OF THE CITY OF JEFFERSONVlLLE, INDIANA, SHALL THEN IN TURN BE REVIEWED AND APPROVED BY THE CHIEF OF THE FIRE PREVENTION BUREAU. SECTION ll.-MODIFICATIONS. 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 THE OWNER OR LESSEE, OR HIS DULY AUTHORIZED AGENT, WHEN THERE ARE PRACTICAL DIFFICULTIES IN THE WAY OF CARRYING OUT THE STRICT LETTER OF THE CODE, PRO- VIDED THAT THE SPIRIT OF THE CODE SHALL BE OBSERVED, PUBLIC SAFETY SECURED, AND SUBSTANTIAL JUSTICE DONE. THE PARTICULARS OF SUCH MODIFICATION WHEN GRANTED OR ALLOWED AND THE DECISION OF THE CHIEF OF THE BUREAU OF FIRE PREVENTION THEREON SHALL SECTION 11, MODIFICATIONS IS CONTINUED FROM PAG~__Z. BE ENTERED UPON THE RECORDS OF THE DEPARTMENT AND A COPY SHALL BE FURNISHED THE APPLICANT· SI GNED SECTION 12. APPEALS. WHENEVER THE CHIEF OF THE BUREAU OF FIRE PREVENTION SHALL DISAPPROVE AN APPLICATLON OR REFUSE TO GRANT A PERMIT APPLIED FOR, OR WHEN IT IS CLAIMED THAT THE PROVISIONS OF THE CODE DO NOT APPLY OR THAT THE TRUE INTENT AND MEANING OF THE CODE HAVE BEEN MISCONSTRUED OR WRONGLY INTERPRETED, THE APPLI- CANT MAY APPEAL FROM THE DECISION OF THE CHIEF OF THE BUREAU OF FIRE PREVENTION TO THE BOARD OF PUBLIC WORKS AND SAFETY WITHIN THIRTY (30) DAYS FROM THE DATE OF THE DECISION APPEALED, SECTION REQUIRE PERMIT~. 13. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY 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 SPECIFY, AFTER GIVING AFFECTED PERSONS AN OPPORTUNITY TO BE HEARD, ANY NEW MATERIALS, PROCESSES OR OCCUPANCIES, WHICH SHALL TO THOSE NOW ENUMERATED IN SAID CODE. FIRE PREVENTION SHALL POST SUCH LIST IN HIS OFFICE, AND DISTRIBUTE COPIES REQUIRE PERMITS, IN ADDITION THE CHIEF OF THE BUREAU OF IN A CONSPICUOUS PLACE THEREOF TO INTERESTED PERSONS. SECTION 14. PENALTIES., At ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THE CODE HEREBY ADOPTED OR FAIL TO COMPLY HEREWITH, OR WHO SHALL VIOLATE OR FAIL TO COMPLY WITH ANY ORDER MADE THEREUNDER, OR WHO SHALL BUILD IN VIOLATION OF ANY DETAILED STATEMENT OF SPECIFICATIONS OR PLANS SUBMITTED AND APPROVED THEREUNDER, OR ANY CERTIFICATE OR PERMIT ISSUED THEREUNDER, FROM WHICH NO APPEAL HAS BEEN TAKEN, OR WHO SHALL FAIL TO COMPLY WITH SUCH AN ORDER AS AFFIRMED OR MODIFIED BY THE BOARD OF PUBLIC WORKS AND SAFETY, OR BY A COURT OF COMPETENT JURISDICTION, WITHIN THE TIME FIXED HEREIN, SHALL SEVERALLY FOR EACH AND EVERY SUCH VIOLATION AND NONCOMPLIANCE RESPECTIVELY, -8- IS CONTINUED FROM SECTION PENALTIES AND SUB PARAGRAPH "A" PAGE 8. BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT LESS THAN FIVE DOLLARS (S5.OO) NOR MORE THAN ONE HUNDRED DOLLARS ($1OO.O0) OR BY IMPRISONMENT FOR NOT LESS THAN TWO (2) DAYS NOR MORE THAN SIXTY (60) DAYS OR BY BOTH SUCH FINE AND IMPRISON- MENT. THE IMPOSITION OF ONE PENALTY FOR ANY VIOLATION DOES NOT EXCUSE THE VIOLATION OR PERMIT IT TO CONTINUE; AND ALL SUCH PERSONS SHALL BE REQUIRED TO CORRECT OR REMEDY SUCH vIOLATIONS OR DEFECTS WITHIN A REASONABLE TIME; AND WHEN NOT OTHERWISE SPECIFIED, EACH TEN (10) DAYS THAT PROHIBITED CONDITIONS ARE MAINTAINED SHALL CONSTITUTE A SEPARATE OFFENSE. THE APPLICATION OF THE ABOVE PENALTY SHALL NOT BE B__~_. HELD TO PREVENT THE ENFORCED REMOVAL OF' PROHIBITED CONDITIONS. ~SECTION 1~.~ REPEAL OF CONFLICTING ORDINANCES. ALL FORMER ORDINANCES OR PARTS THEREOF CONFLICTING OR INCONSISTENT WITH THE PROVISIONS OF THIS ORDINANCE OR OF THE CODE HEREBY ADOPTED ARE HEREBY REPEALED. SPECIFICALLY ORDINANCE NUMBER 1658, 67 OR4, AND 68~OR3. SECT.!.O_N 16m VALIDITY.. THE CITY OF jEFFERSONVlLLE, INDIANA HEREBY DECLARES THAT SHOULD ANY SECTION, PARAGRAPH~ SENTENCE, OR WORD OF THIS ORDINANCE OR OF THE CODE HEREBY ADOPTED BE DECLARED FOR ANY REASON TO BE INVALID, IT IS THE INTENT OF THE COMMON COUNCIL OF THE CITY OF jEFFERSONVILLE, INDIANA, THAT IT WOULD HAVE PASSED OTHER PORTIONS OF THIS ORDINANCE INDEPENDENT OF THE ELIMINATION HEREFROM OF ANY SUCH PORTION AS MAY BE DECLARED INVALID. SECTION 17.. DATE OF EFFECT..: THIS OROINANGE SHALL TAKE EFFECT AND BE IN FORCE FROM AND AFTER ITS APPROVAL AS REQUIRED BY LAW. ATTEST~ , / t