TITLE IX:   GENERAL REGULATIONS
Chapter
90.     ANIMALS
91. ABANDONED VEHICLES
92. HEALTH AND SANITATION; NUISANCES
93. TREES
94. LITTERING
95. STREETS AND SIDEWALKS
96. PARKS AND RECREATION

 

 


 

CHAPTER 90:   ANIMALS

Section

90.01 Proper shelter, care and food
90.02 Abandonment prohibited
90.03 Removal of excrement
90.04 Restraint requirement
90.05 Animals in heat
90.06 Excessive noise
90.07 Beating or inhumane treatment
90.08 Stray animals
90.09 Dangerous animals
90.10 Wild or exotic animals
90.11 Biting animals
90.12 Rabies; vaccination

 

§ 90.01   PROPER SHELTER, CARE AND FOOD.

(A)   No person shall confine or allow his or her animal to remain outside without access to appropriate shelter from the elements.

(B)   All animals shall have fresh, potable drinking water available and have food available that is nutritional for the species in adequate amounts to maintain good health. All animals shall be provided with necessary medical care in addition to the required rabies vaccination. All animals, where kept inside, in a pen, tied, fastened, hitched, leased or enclosed by a fence, shall be kept in a sanitary manner. The person(s) responsible for the animal shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact.
(`96 Code, § 4-1-1) Penalty, see § 10.99

§ 90.02   ABANDONMENT PROHIBITED.

No person shall abandon or cause to be abandoned any animal anywhere within the town limits in a public or private place, way or business.
(`96 Code, § 4-1-1) Penalty, see § 10.99

§ 90.03   REMOVAL OF EXCREMENT.

Persons responsible for an animal shall immediately remove the animal’s excrement from public lands or from the property of another, excepting a blind person with a guide dog.
(`96 Code, § 4-1-1) Penalty, see § 10.99 and Ordinance 2014-4

§ 90.04   RESTRAINT REQUIREMENT.

All animals shall be properly restrained. Choker collars are not allowed if the animal is unattended.
(`96 Code, § 4-1-1) Penalty, see § 10.99 and Ordinance 2014-4

§ 90.05   ANIMALS IN HEAT.

Every female dog or cat in heat shall be confined in a secure building or enclosure so as to prevent conception, except during instances of planned breeding.
(`96 Code, § 4-1-1) Penalty, see § 10.99

§ 90.06   EXCESSIVE NOISE.

No person shall allow excessive barking, yelping, whining or howling of a dog. The animal control officer may take steps immediately to correct the situation and cause the noise to be abated, either through issuance of a citation or impounding the animal if no owner or agent can be found at the tinge of the disturbance.
(`96 Code, § 4-1-1) Penalty, see § 10.99 and Ordinance 2014-4

§ 90.07   BEATING OR INHUMANE TREATMENT.

(A)   No person shall beat, cruelly treat, neglect, torment, overload, overwork or otherwise abuse any animal, except that reasonable force may be employed to drive off or stop the attack of an animal in order to protect a person or another animal from imminent harm or danger.

(B)   No animal may be induced or encouraged to perform through the use of chemical, mechanical, electrical cattle prods or manual devices in a planner which will cause or is likely to cause physical injury or suffering.

(C)   No person shall sell, offer for sale, trade, barter or give away any live animal, fish, bird or reptile as a prize for, or as an inducement to enter a place of an amusement or offer the vertebrate as an incentive to enter any business establishment or enter into any business agreement whereby the offer was made for the purpose of attracting trade, or for business other than an establishment selling animals as their primary business.

(D)   No puppy or kitten that is under the age of eight weeks may be offered for sale, trade or for other compensation or for free giveaway, except a puppy or kitten or litter or litters may be taken to the animal control shelter.

(E)   No person shall sell, offer for sale, trade or barter any animal whose appearance has been chemically altered by dyes or staining.

(F)   No person or establishment shall sell, offer for sale, barter or give away chicks, goslings, ducklings or other fowl as pets or novelties.

(G)   No person shall permit or conduct any dog fight, cockfight or other combat between animals or between animals and humans.

(H)   No person shall set any type of poisonous substance or bait within the town that is deemed harmful and available to any domestic animal. Controlled programs under the direction or approval of the County Board of Health or a licensed extermination service may be excluded.

(I)   Any person operating a motor vehicle who causes injury or death to a domestic animal shall stop, assess the extent of injury, and immediately notify the owner, a licensed veterinarian or an animal control shelter of the location of the animal. If this is not possible, they shall otherwise arrange for the reasonable care of the animal.
(`96 Code, § 4-1-1) Penalty, see § 10.99 and Ordinance 2014-4

§ 90.08   STRAY ANIMALS.

(A)   Persons finding and holding a stray animal are to notify the County Department of Animal Control within 48 hours. At the discretion of the department, the animal may be kept by the finder and a found report left with the Department, to enable the finder an opportunity to return the animal to its rightful owner.

(B)   Persons finding an animal are obligated to comply with all rules and regulations of this chapter pertaining to humane care and treatment of animals while the animal is in their custody awaiting return to its actual owner. The fielder will be considered the found animal’s owner for the purposes of this chapter only after the animal is in the finder’s custody for 30 continuous days and the legal owner has not claimed it.
(`96 Code, § 4-1-1)

§ 90.09   DANGEROUS ANIMALS.

(A)   No person shall own, keep or harbor a dangerous animal within the town. In order to preserve the public health, safety and welfare of the community, the destruction of any the animal found in the town is necessary. An animal may be declared dangerous if the animal exhibits vicious behavior in present or past conduct, including but not limited to:

(1)   Evidence that the animal has, without provocation, bitten or attacked a person and/or animal three times in a consecutive 12-month period;

(2)   Did bite or attack, once causing wounds or injuries creating a potential danger to the health or life of the victim; or

(3)   Could not be controlled or restrained at the tinge of a bite or attack upon an animal or person.

(B)   This declaration play be appealed by the owner(s) to the Town Council. The appeal shall follow the process outlined herein.
(`96 Code, § 4-1-1) Penalty, see § 10.99

§ 90.10   WILD OR EXOTIC ANIMALS.

No wild or exotic animal shall be kept within the town without the necessary state and/or federal permits.
(`96 Code, § 4-1-1) Penalty, see § 10.99

§ 90.11   BITING ANIMALS.

The person responsible for any animal that has bitten a person or another animal must report the incident to the County Department of Animal Control. Upon receiving the report of a bite, the Department may quarantine the animal for ten days with the place of confinement to be at the discretion of the County Department of Animal Control. During the quarantine period, the animal is to be securely confined and kept from contact with any other person or animal. During the quarantine period, the owner must provide a current rabies vaccination certificate for his or her cat or dog that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner’s expense before release.
(`96 Code, § 4-1-1) Penalty, see § 10.99

§ 90.12   RABIES; VACCINATION.

(A)   No person shall kill or cause to be killed any animal suspected of being rabid, except in cases of immediate protection of a person or another animal. If that occurs, the person will retain the body and immediately notify the County Department of Animal Control. Exceptions to this include:

(1)   An animal control officer;

(2)   A licensed veterinarian; or

(3)   Law enforcement officers or firefighters acting to prevent undue suffering.

(B)   It shall be unlawful for the owner of any dog or cat to keep the animal that is more than three months of age unless it has been vaccinated with anti-rabies vaccine. Each dog or cat shall be vaccinated once per year and proof of the vaccination shall be maintained by the owner. Both cats and dogs must wear a current rabies tag at all times attached to a properly fitted collar or harness. Failure to have a dog or cat vaccinated play result in the impoundment or the destruction of the animal. The owner of any unvaccinated animal may have a judgment of not more than $100 entered against him or her.
(`96 Code, § 4-1-1) Penalty, see § 10.99

 

CHAPTER 91:   ABANDONED VEHICLES

Section

91.01 Prohibition and removal
91.02 Definitions
91.03 Enforcement; citation

 

§ 91.01   PROHIBITION AND REMOVAL.

(A)   It shall be unlawful for any person to abandon any vehicle within the boundaries of the town.

(B)   The town shall have the right to remove or cause to be removed any abandoned vehicle from any public or private property including any street, alleyway or other public right-of-way or easement.

(C)   The owner of the vehicle shall be liable for the reasonable cost of removal and storage of the vehicle until claimed, and the town or person removing the vehicle shall have a lien on the vehicle to secure repayment of the costs of towing and storing the vehicle pursuant to the laws of the state.
(Ord. 00-006, passed 8-15-00) Penalty, see § 10.99 and Ordinance 2014-4

§ 91.02   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE.

(1)   A vehicle illegally located on public property;

(2)   A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.

VEHICLE.   A devise in, upon, or by which a person or property is or may be transported. The term includes, but is not limited to cars, trucks, vans, motorcycles, bikes, boats, trailers and campers.
(Ord. 00-006, passed 8-15-00) Penalty, see Ordinance 2014-4

§ 91.03   ENFORCEMENT; CITATION.

The Clerk/Treasurer or the Town Administrator may enforce the provisions of this chapter. The preceding authorized persons shall be known as “officer” for the purposes of this chapter.
(Ord. 00-006, passed 8-15-00)

 

CHAPTER 92:   HEALTH AND SANITATION; NUISANCES

Section

General Provisions
92.01 Unsightly objects
Replaced by:  Defining and Regulating Public Nuisances
92.02 Offensive personal behavior
92.03 Noise control
Environment Nuisances
92.15 Purpose and intent
92.16 Administration
92.17 Definitions
92.18 Determination of violation
92.19 Property owner’s right to appeal notice of violation
92.20 Emergency abatement
92.21 Enforcement
Cross-reference:
Animals, see Chapter 90
See Also:
Ord. 2003-01, Open Burning Regulations

 

GENERAL PROVISIONS

§ 92.01   UNSIGHTLY OBJECTS.

Editor’s Note:   This section was explicitly repealed and replaced by Ord. 2003-05, 8-19-2003, Defining and Regulating Public Nuisances on Public Property.

    { view archive }

 

§ 92.02   OFFENSIVE PERSONAL BEHAVIOR.

Unhealthy and offensive personal behavior, including but not limited to expectorating, urinating or defecating on public property or in a public place in the town is hereby declared to be offensive to the health and senses and to interfere with the comfortable enjoyment of life and property of the citizens of the town, and of the public generally and is hereby declared to be a public nuisance.
(`96 Code, § 4-5-3) Penalty, see § 10.99 and Ordinance 2014-4

§ 92.03   NOISE CONTROL.

(A)   PUBLIC POLICY AND PURPOSE

It is declared to be the public policy of the Town of Leo-Cedarville to promote the health, safety, and welfare of persons within the Town by reducing unreasonable noise from all sources subject to the town’s police power. Noises above certain levels and unduly repetitive noises may be detrimental to the health, safety, and welfare of the citizenry and in the public interest shall be systematically regulated and proscribed by the Town as authorized by I.C. 36-8-2-4.

(B)   SCOPE

As authorized by I.C. 36-8-2-13, this ordinance (chapter) shall apply to the control of all noise within the town’s corporate boundaries and all territory within one (1) mile of the Town’s corporate boundaries, as those boundaries now exist or as they may hereafter be modified.

(C)   LOUD AND UNNECESSARY NOISE PROHIBITED

A person or entity who knowingly, intentionally, or recklessly makes an unreasonable noise and continues to do so after being asked to stop violates this ordinance (chapter). A person or entity who knowingly, intentionally, or recklessly allows an unreasonable noise to be made or continue to be made in or on any property owned by or controlled by the person or entity after being asked to stop the noise by a law enforcement officer or a town official shall also be in violation of this ordinance (chapter).

As used in this section, a noise is “unreasonable” if, considering the nature and purpose of the person’s conduct and the circumstances known to the person, including the nature and the location of the noise, the location of third persons, and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation.

A determination of a violation of this ordinance (chapter) may not be based on the content of any message conveyed during the creation of any noise or on the identity of any person responsible for or associated with the creation of the noise, except as necessary to prove that the person had prior knowledge of the unreasonableness of the noise or to prove the person was previously asked to stop the noise.

(D)   ENUMERATION OF CERTAIN PROHIBITED ACTS

In addition to the foregoing, any person who performs any of the acts enumerated in this subsection, or who causes or allows the performance of any such act in or upon any property owned or controlled by him, shall violate this ordinance (chapter):

(1)   Playing, using, or operating, or permitting to be played, used, or operated, any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any machine or device for producing or reproducing sound in a mariner that makes a noise which can be heard:

a.   From any place other than the property on which the sound source is located between the hours of 10:00 p.m. and 6:00 a.m.;

b.   From a distance greater than fifty (50) feet from the sound source of the machine or device when it is located in any public street or public place of the town.

(2)   Using or operating machinery, equipment, tools or vehicles between the hours of 10:00 p.m. and 6:00 a.m. when the sound of such machinery, equipment, tools, or vehicles can be heard from any place other than the property on which the source of the sound is located, or more than fifty (50) feet of the machinery, equipment, tool, or vehicle if it is located on a road, street, alley or public right-of-way.

(3)   The continuous or repeated sounding of any horn, siren or signal device when not used as a danger signal or call for help. Continuous shall be defined to mean the sounding of a horn, siren or signal device for more than three (3) seconds. Repeated shall mean the sounding of a horn, siren or signal more than three (3) times.

(4)   The use of any motor vehicle with or without the attachment of various appurtenance thereto so as to create loud or unnecessary grating, grinding, rattling or other noise or noises. This shall include the use of any vehicle said use of which causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine, or tire squeal, if such noise is not corrected within seven days of notice of the violation.

(E)   EXEMPTIONS

The following shall be exempted from the provisions of this chapter:

(l)   Sound emitted from sirens of authorized emergency vehicles.

(2)   Lawn mowers, garden tractors, and similar home power tools when properly muffled, between the hours of 6:00 a.m. and 10:00 p.m.

(3)   Burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.

(4)   Celebrations on the Fourth of July, and other legal holidays between the hours of 8:00 a.m. and 12:00 midnight (except to 12:30 a.m. on New Year’s Day)

(5)   Permitted parades or festivals, between the hours of 8:00 a.m. and 12:00 midnight, Sunday through Thursday; and between 8:00 a.m. and 1:00 a.m. Friday through Saturday.

(6)   Attendant noise connected with the actual performance of athletic or sporting events and practices related to them between the hours of 8:00 a.m. and 11:00 p.m.

(7)   The emission of sound for the purposes of alerting persons to the existence of an emergency.

(8)   In the case of motor vehicles, where the noise is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within seven calendar days.

(9)   Noises associated with legal consumer fireworks used during the time that the Indiana Code prohibits regulation by municipalities. At the time of the adoption of this ordinance (chapter), these times are:

(a)   June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, July 9 between the hours of 5:00 p.m. to two hours after sunset;

(b)   Day before Memorial Day, Memorial Day, July 4, day before Labor Day and Labor Day between the hours of 10:00 a.m. and 12:00 midnight;

(c)   Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

(10)   Construction operations and related activities occurring after 6:00 a.m. and before 10:00 p.m.

(11)   Motorized farming equipment, so long as all such equipment are operated with the manufacturer’s mufflers and noise reducing equipment in place and in proper working order.

(F)   PENALTIES

Penalty:   See Ordinance 2014-4

(Ordinance 2009-01, 3-17-2009.)

    Previous Contents of Section 92.03

 

ENVIRONMENTAL NUISANCES

§ 92.15   PURPOSE AND INTENT.

It is the purpose of this subchapter to protect the public safety, health and welfare and enhance the environment of the people of the town by making it unlawful to allow an environmental public nuisance to exist. It is the express intent of this subchapter to adopt I.C. 36-7-10.1-1 et seq.
(Ord. 00-002, passed 3-7-00)
(Affirmed by Ord. 2007-07, Section I, 11-20-2007)

§ 92.16   ADMINISTRATION.

It shall be the responsibility of the Town Council, or its designated agent, to administer this subchapter. Any individual officer, employee or agent of the town may be designated by the Town Council to make environmental public nuisance inspections and to issue complaints and notices as provided in this subchapter.
(Ord. 00-002, passed 3-7-00)
(Affirmed by Ord. 2007-07, Section II, 11-20-2007)

§ 92.17   DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

WEEDS and RANK VEGETATION.   Uncultivated and undesirable plant life which grows excessively and unmanageably upon the land and has little or no public value, including, but not limited to grass (over nine (9) inches in height), thistles, burdock, jimson weed, ragweed, milkweed, poison ivy, poison oak, ironweed and other noxious vegetable matter. The term does not include agricultural crops, hay, pasture, trees, hushes or shrubs which have been planted or cultivated by the owner or occupant of the property.

ENVIRONMENTAL PUBLIC NUISANCE.

(1)   Any growth of weeds and rank vegetation on private or governmental property which has gone to seed, or which has attained a height of nine (9) inches or more;

(2)   Any accumulation of dead weeds, grass or brush on private or governmental property;

(3)   Any poison ivy, ragweed or other poisonous plant or plants detrimental to health growing on any private or governmental property; and

(4)   Property which has been allowed to become a health or safety hazard, or which has accumulated litter or waste products, unless specifically authorized under existing laws and regulations.

EXCLUDED PROPERTY.   Land cultivated for gross profit in a commercial, or agricultural zone; a natural or developed forest, which does not create a health or safety hazard; and open lands, fields or wooded areas more than 150 feet from any occupied property. Any land that is the subject of a Conservation Reserve Program (“CRP”) with the United States Department of Agriculture or other contract with the State of Indiana or the Federal Government which prohibits mowing or spraying for weed control for purposes of preserving wildlife habitat. Also, any classified wetlands, designated reforestation or prairie grass/garden areas, waterfront management areas and riverfront areas.
(Ord. 00-002, passed 3-7-00)
(Am. by Ord. 2007-07, Section III, 11-20-2007)

    { view archive }

Statutory reference:
        Municipal regulation of weeds and rank vegetation, see I.C. 36-7-10.1

Penalty:  See Ordinance 2014-4

§ 92.17S   PROHIBITED ACTIVITY.

It shall be unlawful for any owner of private property or governmental property to allow an environmental public nuisance to exist on that property, except on excluded property.
(Am. by Ord. 2007-07, Section IV, 11-20-2007)

Penalty:  See Ordinance 2014-4

§ 92.18   DETERMINATION OF VIOLATION.

(A)   Complaint.   Upon receiving a complaint of any environmental public nuisance, or upon otherwise discovering a public nuisance, the Town Council or a duly authorized agent of the Council shall issue a notice to abate to the owner(s) of record of the property containing the environmental public nuisance.

(B)   Notice to abate.

(1)   The Council or its authorized agent shall cause a written notice to abate be served upon the owner(s) of the property in question, granting the owner(s) a minimum of five calendar days in which to remove the environmental nuisance. This notice shall be served by personal service, by certified mail, or by a “notice” placard conspicuously posted on, the subject property. The notice to abate shall contain the following information.

(a)   The address of the property containing the violation;

(b)   The date of the notice;

(c)   The nature of the violation; and

(d)   A warning that the town, through its agent(s) or contractor(s), will enter onto the property to abate the violation if the owner fails to abate the violation by a specific date not less that five calendar days after mailing/posting of the notice.

(2)   The notice shall also contain a warning that if the town is forced to abate the nuisance, the town will place a lien against the property to secure repayment of the actual costs involved in the removal of the nuisance and any penalties assessed. The town may cut weeds as many times as is necessary and charge the actual costs to the property owner.

(C)   Inspection.   Following the expiration of the notice to abate, the Town Council or an authorized agent shall visually inspect the property to determine whether an environmental public nuisance exists. Action shall be taken to abate any remaining nuisance.
(Ord. 00-002, passed 3-7-00) Penalty, see § 10.99
(Affirmed by Ord. 2007-07, Section V, 11-20-2007)

§ 92.19   PROPERTY OWNER’S RIGHT TO APPEAL NOTICE OF VIOLATION

(A)   Upon receipt of a notice to abate, the property owner may object to the notice and notify the Town Council of an intent to appeal the determination that the violation contained in the notice to abate. This correspondence shall be in writing, and shall specify the street address of the property involved. Any such correspondence must be received by the Town Council through its authorized agent or through the Leo-Cedarville Clerk Treasurer within the amount of time set out in the notice to abate.

(B)   Upon receipt of such correspondence, the authorized agent or Clerk-Treasurer shall provide copies of same to the Town Attorney and to each member of the Town Council who shall cause the objection to be investigated and shall set the matter for hearing at a special meeting or at the next regularly scheduled meeting of the Town Council. The Council shall inform the owner of the date and time of the hearing during which the council will address the notice to abate and the objection thereto. At the hearing, the Council or its authorized agent shall specifically notify the owner of the exact nature of the alleged violation and the evidence which tends to establish the violation. The owner shall have a right to address the council, to submit photographs, written documents, or other physical evidence or verbal testimony to the Council that, in the judgment of the Council, is relevant to the issue of the alleged violation. The owner shall have the right to be represented by an attorney. The hearing on the issue may be continued by the Council from time to time if necessary, but no further action shall be pursued against that owner to abate the environmental public nuisance until resolutions of the objection thereto. Upon the conclusion of the meeting, the Council shall make a finding, by majority vote, as to whether a violation of this ordinance exists. If a violation is found to exist, the Council shall give the owner additional time, not less than five days, to abate the violation. The findings of the Council, a description of any continuing violation, and the deadline for abating any such violation shall be issued in writing signed by the president of the Council and attested by the Clerk-Treasurer, and a copy shall be delivered to the owner.
(Ord. 00-002, passed 3-7-00)
(Am. Ord. Ord. 2007-07, Section VI, 11-20-2007)

§ 92.20   EMERGENCY ABATEMENT.

Any environmental public nuisance blocks or prohibits the view of any oncoming traffic or otherwise poses a significant danger to the safety of others or their property, the Town Council or its authorized agent may waive the five day grace period and abate the problem as soon as possible if it is deemed necessary in the exercise of reasonable care to safeguard the safety of others and their property. In such event, the owner shall be afforded an opportunity for a hearing as specified in section 92.19(B) above, before any fines, costs, penalties or assessments are imposed.
(Ord. 00-002, passed 3-7-00)
(Am. Ord. Ord. 2007-07, Section VII, 11-20-2007)

§ 92.21   ENFORCEMENT.

(A)   Citation for violation.   If the Town Council finds that an environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, the Council or authorized agent may cause a citation for violation of town ordinance to be issued to the offending property owner. Such citation shall include the amount of any fine assessed by the Town Council in accordance with chapter Xbelow. (in amending ordinance)

(B)  Abatement.  If no objection to the notice to abate has been received (as specified below) the Town Council may instruct its agent or contractor to enter onto the property to abate the violation. Written notice shall be provided to the property owner at least forty-eight (48) hours prior to entry onto the property. Such notice shall provide the date and time that the Council’s agent will enter onto the property and shall describe the abatement action that will be taken. If, on the date in question, the owner refuses to allow the Council’s agent onto the property to abate the violation. The agent shall cease all abatement activity, and the Council may, at its discretion bring a legal action seeking an injunction against the owner to compel the owner to abate the violation. In such event, the owner shall be liable to the Town for all costs associated with such legal action, including attorney fees.

(B)  Invoice for abatement of violation by Town.  In additional to the issuance of a citation for violation of a town ordinance under division (A) of this section, if the Council itself (or through an agent or contractor) abated the violation, the Council shall make a statement of the actual cost incurred in eliminating the environmental public nuisance. The costs shall include: cost of removal of the public nuisance, administrative fees, and all recording fees associated with the collection of the outstanding balance. Said statement shall be delivered to the property owner by first-class mail. The owner shall pay the amount noted to the town within 30 days after receipt, which shall be deposited to the Town’s general fund.

(C)   Failure to pay.  If the owner fails to pay the costs of abatement within 30 days after receiving a statement, a copy of all costs shall be filed in the Office of the Auditor of Allen County for the purpose of placing the amount claimed on the tax duplicate against the property so that the amount claimed can be collected as taxes are collected, subject to the limitations above.
(Ord. 00-002, passed 3-7-00)
(Am. Ord. Ord. 2007-07, Section VIII, 11-20-2007)

 

CHAPTER 93:   TREES

Section

93.01 Purpose and applicability
93.02 Definitions
93.03 Abuse or mutilation of public trees
93.04 Planting or treating public trees
93.05 Duty to protect and maintain trees
93.06 Notice of violation; emergency care

 

§ 93.01   PURPOSE AMD APPLICABILITY.

The purpose of this chapter is to protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of all trees, plants and shrubs. This chapter applies to all trees, plants and shrubs located on public property or right-of-way located within the town.
(`96 Code, § 4-9-6)

§ 93.02   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HAZARD.   A condition or situation creating an unreasonable danger or risk of loss or injury to person or property.

NUISANCE.   That which unreasonably annoys or disturbs another or the public at large, or endangers the life or health of another, or gives offense to senses, violates the laws of decency or obstructs the reasonable and comfortable use by another of private or public property.

PERSON.   Any individual, corporation, partnership, association, company or organization of any kind.

PRIVATE PROPERTY.   Any property, real or personal, that is not public property.

PRIVATE TREES.   Any tree, bush or shrub that is not a public tree.

PUBLIC PROPERTY.   Any property, real or personal, owned by the town.

PUBLIC TREES.   Any tree, bush or shrub owned by the town or located on property owned by the town or within a right-of-way owned or held by the town.
(`96 Code, § 4-9-6)

§ 93.03   ABUSE OR MUTILATION OF PUBLIC TREES.

(A)   No person shall intentionally, recklessly or negligently damage, cut, carve, burn transplant, remove, defoliate or otherwise disturb any public tree. No person shall attach any rope, wire, nails, tacks, posters, advertisements, fliers, notices or other contrivance to any public tree without written permission from the Town Council or its designated representative. No person shall allow any gaseous, liquid or solid substance, including but not limited to water, fertilizer, urine, acid, chemicals or oil, to come into contact with any public tree if the substance may cause damage or injury to the tree. No person shall start a fire, or permit any fire to burn when the fire or the heat or smoke thereof will damage any portion of any public tree.

(B)   No person shall in any way impede the free passage of water, air and fertilizer to the roots or foliage of any public tree. No person shall erect any structure (on public or private property) which obstructs the case or enjoyment, including visual enjoyment, of the general public or of any individual person while on public property.
(`96 Code, § 4-9-6) Penalty, see § 10.99 and Ordinance 2014-4

§ 93.04   PLANTING OR TREATING PUBLIC TREES.

No person shall plant a new tree or shrub on public property without first obtaining written permission from the Town Council or its designated representative. Any tree, bush or shrub planted on public property with the permission of the town council or its designated representative shall be deemed dedicated for public use, and shall become a public tree governed by this chapter. Any tree, bush or shrub planted without written permission of the Town Council shall be deemed a trespass on public property. The Council shall have the authority to remove the tree at the expense of the planter, tar to adopt the tree as a “public tree” governed by this chapter. However, no person, including the person who planted the tree, shall remove any tree after it has been planted without written permission front the Council or its representative. No person shall prune a public tree without written permission from the Town Council or its representative.
(`96 Code, § 4-9-6) Penalty, see § 10.99

§ 93.05   DUTY TO PROTECT AND MAINTAIN TREES.

(A)   (1)   It shall be the duty of any person owning or occupying real property to properly maintain any trees located on the property. The maintenance shall include watering, fertilizing and pruning. No person shall cause or allow a private tree or any part thereof to become a hazard or a nuisance to the general public or to any other person.

(2)   Dead trees or trees with dead limbs or decaying trunks that pose a risk of falling on public property or right-of-way or the private property of another person or on any individual person or animal; diseased trees; trees infested by a pestilence which endangers the growth or health of trees or the health of any person or animal; any unsightly tree; or any tree which restricts the visibility of oncoming traffic on any public or private street or drive shall be presumed to be a “hazard” and/or a “nuisance.”

(B)   If a person discovers that a tree owned by that person or under that persons control is in a condition violative of the preceding division, the person shall take whatever action necessary to correct the condition and to remove the hazard and/or nuisance. Any person failing to immediately correct a known condition that violates this chapter shall pay a fine as determined hereby.
(`96 Code, § 4-9-6)

§ 93.06   NOTICE OF VIOLATION; EMERGENCY CARE.

(A)   Upon learning that a person is in violation of any chapter of this chapter, the Town Council or its representative shall serve written notice upon that person and demand that person take remedial action to comply with this chapter within 30 days. Any person fairing to comply with the written notice shall pay a fine as determined hereby. If a person fails to comply with a written notice issued pursuant to this section, the Town Council or its representative shall be authorized to enter onto the person’s property and to take any reasonable remedial action to correct the hazard or nuisance created by the person’s tree. If the Town Council is compelled to take remedial action, the person in violation of this chapter shall be required to reimburse the town for the cost of the remedial action as determined hereby.

(B)   The Town Council may take immediate remedial action, without prior notice, if the Council determines the condition of the private tree in question creates an emergency situation or poses an immediate threat to health, safety or welfare of any person or property. In such situations, the owner of the private tree in question shall be responsible for reimbursing the town for the cost of the remedial action, but shall not be fined unless it is apparent that the person intentionally, recklessly or negligently caused the emergency situation or had actual knowledge of the situation and failed to report it to the town.
(`96 Code, § 4-9-6) penalty, see § 10.99

 

CHAPTER 94:   LITTERING

Section

94.01 Littering prohibited

 

§ 94.01   LITTERING PROHIBITED.

For the purpose of promoting the comfort of citizens and the cleanliness of the town and the preventing of obnoxious and offensive odors therein, it shall be unlawful for any person to throw out, empty or place on any lot, ground or street in the town, garbage or any can, bottle, broken glass or any of the following:

(A)   Bulky waste like large appliances;

(B)   Waste items containing Freon or other Class I or II listed chemicals, per 40 CFR Part 82;

(C)   Hazardous waste, defined as “waste that may pose a substantial present or potential hazard to human health and the environment when improperly treated, stored, transported, disposed or otherwise managed” or designated so either by listing or the characteristic of toxicity, ignitability, corrosivity or reactivity; or

(D)   Refuse or rubbish.
(`96 Code, § 4-5-1) Penalty, see § 10.99 and Ordinance 2014-4

 

CHAPTER 95:   STREETS AND SIDEWALKS

Section

95.01 Maintenance requirements
95.02 Construction and improvement
95.03 Construction of curbs

 

§ 95.01   MAINTENANCE REQUIREMENTS.

(A)   All maintenance and repair of public streets, alleys, curbs, sidewalks and other public ways shall be with the prior authorization of the Town Council.

(B)   It shall be the duty of all owners of property in the town upon which sidewalk has been laid to keep the sidewalks in good repair at all times and to remove from them all snow and ice or other obstacles.

(C)   All persons owning real estate in the town that abuts a paved sidewalk are required to keep that portion of the land that lies between the sidewalk and the street in good repair and in a good and clean condition, free of trash or other unsightly things that mar or detract from the beauty of the street. If owners are not in possession of the property, then this shall apply to tenants or others in control of the property.

(D)   It shall be unlawful for any person to deface, mark, remove or otherwise injure any public way, sidewalk or curb, either by injuring any newly laid street, sidewalk or curb, or by painting, marking, removing or otherwise injuring after the surface is dry without the permission of the Town Council.

(E)   It shall be unlawful for any person or business to cause, create or maintain any obstruction on any street, sidewalk, alley or other public way. This prohibition includes the use of the public way as a space for the display of merchandise for sale, or for the display of signs, without the express written permission from the Town Council.

(F)   It shall be unlawful for any person to deposit on any public way any material that may injure the way, the environment or any person traveling upon the way.

(G)   It shall be unlawful for any person or business to construct or maintain any opening or stairway in any public way without written permission from Town Council. All lawfully maintained openings shall be guarded by a strong cover or railing approved by the Town Council or designated agent.

(H)   Any person found in violation of this section shall be given one written notice to correct the unlawful condition with a reasonable time for the correction. If correction is not made within the stated reasonable time, the Town Council may order the correction made by others, and the cost of the correction shall be charged to the property owner or other found to have caused the violation.
(`96 Code, § 4-9-1) Penalty, see § 10.99 and Ordinance 2014-4

§ 95.02   CONSTRUCTION AND IMPROVEMENT.

Whenever the improvement of any area of the town shall be deemed necessary by the Town Council, a resolution stating the nature and location of the desired improvement shall be declared and either posted or published in accordance with state law. If the owners of a majority of the designated improvement area do not protest within 20 days after the last day of posting or publication, by filing with the Clerk/Treasurer a written protest against such improvement, signed by all of the protesting owners, contracts for the work to be done shall be entered into and assessments and liens shall be fixed in accordance with state law. If a proper protest is filed in a timely manner, the matter shall be determined by the Town Council provided that at least ten days written notice of the meeting is given in a newspaper of general circulation serving the town.
(`96 Code, § 4-9-2)

§ 95.03   CONSTRUCTION OF CURBS.

Any private individual or business may construct, repair or lay pavement for a curb or sidewalk for a public way by obtaining permission in writing from the Town Council, and by following the Council’s or its agent’s instructions as to the form and material to be used. Any deviation from the form or material shall constitute a violation of this section. The work shall not impede the public way for any unreasonable length of time. Final clearance of the construction or repair must be made by either the Town Council, or its designated representative, in writing. Materials and obstructions may not be placed within 15 feet of any fire hydrants, or in a way as to block firefighting equipment, or in any way interfere with public utilities, without prior written permission from the Fire Department, utility company and Town Council. The cost of correction of improper repair or construction work shall be the responsibility of the person or business responsible for the work.
(`96 Code, § 4-9-3)

 

CHAPTER 96:   PARKS AND RECREATION

Section

96.01 Purpose
96.02 Administration
96.03 Removal of park property; damage
96.04 Littering
96.05 Intoxicants
96.06 Solicitors
96.07 Games of chance
96.08 Gatherings and meetings; disturbances
96.09 Open fires
96.10 Personal property; risks
96.11 Minors; smoking prohibited
96.12 Children accompanied by parent
96.13 Animals
96.14 Vehicles
Cross-reference:
Municipal Park Board, see § 32.02
See Also:
Ord. 2005-03, Recreational Path Regulations

 

§ 96.01   PURPOSE.

The rules and regulations set forth in this chapter are hereby established for the management and protection of the park and public grounds of the town and for the protection of the persons lawfully entitled to use same.
(`96 Code, § 3-3-2)

§ 96.02   ADMINISTRATION.

(A)   The Park Advisory Board shall enforce the provisions of this chapter. The Park Advisory Board shall have the authority to develop policies controlling the use of the park, have them approved by the Town Council and implement them.

(B)   The Park Advisory Board, upon approval of the Town Council on a case-by-case basis, shall have the authority to develop and implement policies controlling the possession and use of alcoholic beverages.
(`96 Code, § 3-3-2)

§ 96.03   REMOVAL OF PARK PROPERTY; DAMAGE.

(A)   Nothing shall be removed from park premises without prior written permission from a member of the Park Advisory Board. No equipment, except picnic tables, shall be removed or changed from their place without the permission to do so by the Park Advisory Board. All equipment must be returned to its original position after using.

(B)   No person shall damage or deface trees, shrubs, plants or turf or any of the buildings, fences, benches or other structures within the park.
(`96 Code, § 3-3-2) Penalty, see § 10.99

§ 96.04   LITTERING.

No person shall throw stones, rubbish or other articles onto park property.
(`96 Code, § 3-3-2) Penalty, see § 10.99

§ 96.05   INTOXICANTS.

No intoxicants of any kind shall be brought into the park area, consumed, sold or given away on the premises of the park.
(`96 Code, § 3-3-2)   Penalty:   See Ordinance 2014-4

§ 96.06   SOLICITORS.

Every person who vends, sells or offers for sale from a vehicle, tent or table, food or refreshments in or upon park property shall obtain prior written permission from the Park Advisory Board.
(`96 Code, § 3-3-2) Penalty, see § 10.99

§ 96.07   GAMES OF CHANCE.

No person shall be allowed to beg or play any game of chance on park property unless prior written Park Advisory Board approval is obtained.
(`96 Code, § 3-3-2) Penalty, see § 10.99

§ 96.08   GATHERINGS AND MEETINGS; DISTURBANCES.

(A)   No gathering or meeting of any kind assembled through advertisement shall be permitted on park property without prior written Park Advisory Board approval.

(B)   No person shall disturb any picnic in any park or intrude themselves on it without the consent of those composing it.
(`96 Code, § 3-3-2) Penalty, see § 10.99 and Ordinance 2014-4

§ 96.09   OPEN FIRES.

Open fires, except in fireplaces or charcoal grills, shall not be permitted. Portable charcoal grills are not permitted to be used inside pavilions or under roofs thereof without the Park Advisory Board approval.
(`96 Code, § 3-3-2) Penalty, see § 10.99 and Ordinance 2014-4

§ 96.10   PERSONAL PROPERTY; RISKS.

Personal property or equipment brought into the park area shall be at the owner’s risk.
(`96 Code, § 3-3-2)

§ 96.11   MINORS; SMOKING PROHIBITED.

Minors are not permitted to smoke on park property.
(`96 Code, § 3-3-2) Penalty, see § 10.99

§ 96.12   CHILDREN ACCOMPANIED BY PARENT.

Preschool age children are not permitted on park grounds unless accompanied by a responsible child or an adult.
(`96 Code, § 3-3-2) Penalty, see § 10.99

§ 96.13   ANIMALS.

Dogs are not allowed on park property without a leash.
(`96 Code, § 3-3-2) Penalty, see § 10.99 and Ordinance 2014-4

§ 96.14   VEHICLES.

No person shall drive a vehicle on park property without the prior permission of the Park Advisory Board.
(`96 Code, § 3-3-2) Penalty, see § 10.99