Town Code - General Regulations — Town of Fairmount, Indiana

1. Vehicle means a machine propelled by power other than human power designed to travel along the ground or in the air by use of wheels, treads, runners, slides or similar devices, and transport persons or property, or pull machinery, and includes but is not limited to the automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle, motorized bicycle, buggy and wagon.

2. Abandoned Vehicle means:

(a) A vehicle located on public property illegally;

(b) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way;

(c) A vehicle from which there has been removed the engine, transmission, or differential or that is otherwise partially dismantled or inoperable and left on public property;

(d) A vehicle left on public property continuously without being moved for seventy-two (72) hours;

(e) A vehicle that has remained on private property without the consent of the owner, or person in control, of that property, for more than seventy-two (72) hours. (Nothing in this statute shall prevent a property owner from removing, at any time and in any lawful manner, a vehicle left on his own property without his consent, except in a case where the owner of the vehicle also resides on the property where is the vehicle is left. If the owner requests the county’s assistance in removal of the vehicle, however, this statute governs all stages of the removal);

(f) A vehicle from which there has been removed the engine, transmission or differential or that is otherwise dismantled or inoperable and is left on private property continuously in a location visible from public property for more than twenty (20) days;

(g) A vehicle that is three (3) or more model years old and mechanically inoperable and is left in a location visible from public property for more than twenty (20) days;

(h) A vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance of this chapter if the vehicle once impounded is not claimed or redeemed by the owner or his agent within fifteen (15) days of its removal; or

The following described vehicles do not fit within the definition of abandoned vehicles:

(a) Vehicles and attachments specifically designed and owned for agricultural purposes and kept on property used for that purpose;

(b) A vehicle in operable condition specifically adopted, modified or constructed for operation on privately owned raceways, to include derby cars;

(c) A vehicle stored as the property of a member of the Armed Forces of the United States who is on an active duty assignment;

(d) A vehicle located on a vehicle sale lot or at a commercial servicing facility, operated in accordance with the Area wide Zoning Ordinance;

(e) A vehicle located upon property licensed or zoned as an automobile scrap yard; or

(f) A vehicle registered and licensed under IC 9-7-6 as an antique vehicle;

(g) A vehicle being dismantled to keep another vehicle in running condition if the owner hauls away the dismantled vehicle after a 60-day period has expired;

(h) A vehicle concealed in a garage or other building, with the owner’s knowledge and consent

3. Parts refers to all components of a vehicle that as assembled do not constitute a complete vehicle and are placed in the same manner as an “abandoned vehicle” in Section 5 (a).

4. Towing Services means a business that engages in moving or removing disabled vehicles and, once removed, to store or impound vehicles.

5. Person means any individual, firm partnership, association, corporation, company, fiduciary, government entity or organization of any kind.

6. Owner means the last record titleholder of a vehicle according to the records of the Bureau of Motor Vehicles under IC 9-1-2.

7. Public Property means a public right-of-way, street, highway, alley, park, or other state, county or municipal property located within the County of Grant.

8. Private Property means all property other than public property within the County of Grant.

80.02 Rule

No person shall leave an abandoned vehicle, as described above in Sections 1 and 2 (a) – (h), or parts, as described above in Section 1 (4), on public or private property in the unincorporated County of Grant.

80.02 Enforcement Authority

The Sheriff’s Department, Health Officer, Employees of the Plan Commission of the County of Grant, and the Town of Fairmount’s Police Department or their designated representatives (hereafter collectively called “Officer”) are hereby authorized to enforce this ordinance in accord with the procedure described below.

80.03 Enforcement Procedure

1. Identification of Abandoned Vehicle: Abandoned vehicles shall be identified in the following manner:

(a) If the Officer finds a vehicle he believes to be an abandoned vehicle, he may immediately follow the procedures set forth below in Section 5 (a), et seq.

(b) Upon complaint of a private property owner or person in control of the property that a vehicle has been left on the property for forty-eight (48) hours or more without the consent of the owner or person in control, an officer shall follow the procedures set forth in section 5 (a), et seq. (I.C. 9-22-1-18).

(c) (i) When an Officer discovers a vehicle in the possession of a person other than the owner and the person cannot establish his right to the possession of that vehicle, the vehicle shall be taken to and stored in a suitable place. The bureau of motor vehicles shall be notified within seventy-two (72) hours of the location and the description of the vehicle. Upon receipt of notification, the bureau shall cause a search to be made to determine and notify the owner in accordance with section 6. (ii) If the owner of the vehicle cannot be determined, the bureau shall declare the vehicle abandoned and provide for its disposal in accordance with this chapter. (iii) If the properly identified owner or lien holder appears at the site of storage before disposal of the vehicle or parts and pays all proper costs incurred against it at that time, then the vehicle or parts shall be released. A copy of the release of all vehicles or parts shall be sent to the bureau. The release must contain the owner or lien holder’s signature, name, address, vehicle or parts description, costs, and date of release. (iv) If the vehicle is not released to the owner or lien holder, the bureau shall declare the vehicle abandoned and provide for disposal in accordance with this chapter.

80.05 Marking, Reporting, and Possession of Abandoned Vehicle

1. An officer who finds a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:

(i) The date, time, officer’s name, public agency, and address and

telephone number to contact for information.

(ii) That the vehicle or parts are considered abandoned.

(iii) That the vehicle or parts will be removed after seventy-two (72) hours or, if the vehicle fits in Section 1 (2) (f) or (g), after twenty (20) days.

(iv) That the owner will be held responsible for all costs incidental to the removal, storage, and disposal, and if not paid the owner’s registration privileges will be suspended on that car.

(v) That the owner may avoid costs by removal of the vehicle or parts within ninety-six (96) hours, or within twenty (20) days if the vehicle fits in Section 1 (2) (f) or (g).

2. If the tagged vehicle or parts are not removed within that seventy-two (72) hour period or the twenty (20) day period if applicable, the Officer or his designee under the supervision of the Officer may prepare a citation as specified in 5 (3) or take action for the removal of the vehicle or parts as specified in 5 (4), (5), or (6).

3. The Officer may cause a citation for violation of a Town Ordinance to be issued to the offending property owner. Any person who violates any provisions of this Code Section shall be deemed to have committed an ordinance violation and upon conviction, shall be fined not less than fifty dollars ($50) per vehicle and not more than twenty-five hundred dollars ($2,500) total. The court may order the county to remove the vehicle and parts or may impose an injunction upon the owner of the property. Each day a violation continues after an action has been commenced shall constitute a separate ordinance violation. No additional notice under this Code section shall be required to initiate these separate actions once an action has been commenced against the person violating this Code section.

4. If the Officer is causing removal, he/she or his designee, shall prepare a written abandoned vehicle report of the vehicle or parts including information on the condition, missing parts, and other facts that might substantiate that the market value is less than five hundred dollars ($500). Photographs shall be taken to describe the condition of the vehicle or parts.

5. If, in the opinion of the Officer, the market value of the abandoned vehicle or parts is less than five hundred dollars ($500), the Officer, or his designee under the supervision of the Officer shall immediately dispose of the vehicle to an automobile scrap yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the bureau. The public agency shall retain the original records and photographs for at least two (2) years.

6. If, in the opinion of the Officer, the market value of the abandoned vehicle or parts is five hundred dollars ($500) or more, the Officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the owner or person who may be in control of the vehicle or parts. After ninety-six (96) hours, the Officer shall require the vehicle or parts to be towed to a storage area.

80.06 Report to Bureau of Motor Vehicles, Tracing of Owner

1. Within seventy-two (72) hours after removal of an abandoned vehicle to a storage area under this chapter, the Officer, or his designee, under the supervision of the Officer, shall prepare and forward to the bureau an abandoned vehicle report containing a description of the vehicle including the make, model, engine number, if any, identification number, and the number of the license plate, and request that the bureau advise the office of the name and most recent mailing address of the owner and any lien holder.

2. The bureau shall:

(i) Conduct a reasonable search through the national automobile theft bureau and the Indiana State Police Department to determine whether the vehicle or parts have been reported as stolen; (ii) Conduct a reasonable search of bureau records to determine the owner of the vehicle or parts or lien holder of record; and (iii) If a reasonable search discloses the name and address of the owner or lien holder, mail a written notice, by first class mail, to:

(a) The owner, with a copy to any lien holder if the bureau disposes of the vehicle; and

(b) The Officer, indicating that the vehicle or parts have been impounded at a certain location and must be removed within fifteen (15) days of the date of mailing of the notice and advising that the vehicle or parts will be disposed of after that time.

(iv) The Bureau or the Officer shall further advise the owner or any lien holder that all costs incurred in removing and storing the vehicle or parts are his legal responsibility.

80.07 Disposal of Vehicle if Owner or Lien holder Fails to Appear

1. If the vehicle or parts are in such condition that vehicle identification numbers or other means of identification are not available to determine the owner or lien holder, the vehicle may be disposed of without notice by the Town of Fairmount or Plan Commission.

2. If the owner or lien holder does not appear within fifteen (15) days after mailing of notice, the Town of Fairmount or Plan Commission shall sell the vehicle or parts to the highest bidder at a public sale conducted after notice under I.C. 5-3-1, except only one (1) newspaper insertion one (1) week before the public sale is required. The county may elect to sell the vehicle or parts as unclaimed property in accordance with I.C. 36-1-11, except that the fifteen (15) day period for the property to remain unclaimed is sufficient.

3. The purchaser shall be furnished a bill of sale for each abandoned vehicle sold by the bureau or the Town of Fairmount or Plan Commission. The fee for the bill of sale is six dollars ($6.00). Should the purchaser wish to obtain a title for the vehicle acquired, he shall present evidence from a law enforcement agency that the vehicle is road worthy and pay the appropriate title fee.

80.08 Costs of Enforcement and Application of Costs

1. Responsibility of Owner. The owner of an abandoned vehicle is responsible for the abandonment and is liable, to the extent of the market value of the vehicle, for all costs incidental to the removal, storage and disposal of the vehicle or the parts.

2. Exempt from Liability. Neither the owner, lessee, or occupant of the property from which an abandoned vehicle or parts are removed nor a public agency, towing service, or automobile scrap yard is liable for loss or damage to the vehicle or parts occurring during its removal, storage, or disposition.

3. Abandoned Vehicle Account. The Area Plan Commission shall keep an abandoned vehicle account to help defray the costs of enforcing this ordinance. To this end the unsafe building fund, as previously established by the Area wide Zoning Ordinance, will be used as this account, and heretofore, shall be called the joint abatement, abandoned vehicle and unsafe building fund and operated in accordance with I.C. 36-7-9-14 and I.C. 9-22-1-27.

4. The costs of towing, storing and removing and disposing of an abandoned vehicle shall be allocated as follows: (i) The owner or lien holder shall pay this cost in an amount not in excess of $150.00 and in all cases not to exceed the fair market value of the car. (ii) The rest of the cost shall be paid from the abandoned vehicles account. (iii) The owner or lien holder shall be able to reclaim a vehicle in storage only after all costs are paid and a reclamation fee of fifty dollars ($50.00) is paid to the abandoned vehicle account.

5. All proceeds from the sale shall be deposited with the County Auditor and placed by him/her in the County’s abandoned vehicle account.

Ordinance 4-2002. Adopted 05-13-2002.

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Chapter 81: Snowmobiles

Section

81.01 Use

81.02 Time to Operate

81.03 Restricted Areas

81.04 Penalty

81.01 Use of Snowmobiles

Except as otherwise provided in this Code section, the Council designates all highways, streets, and their right-of-ways as open for the use of snowmobiles if operated in conformance with Indiana Code 14-1-3.5, as amended.

81.02 Time To Operate Snowmobile

A person may not operate any snowmobile within the Town from 12:00 a.m. (midnight) to 6:00 a.m., except for ingests and egress.

81.03 Restricted Areas

A person may not operate a snowmobile in the following areas:

(a) That territory lying South of Madison Street, East of Sycamore, West of the railroad tracks, and North of Tyler Street.

(b) At the Senior Citizens’ Complex and the street within it, located at Eighth Street and Wilson Street.

81.04 Penalty

Any person who violates any provision of this Code section commits an ordinance violation and, upon conviction, shall be fined not more than five hundred dollars ($500.00). Each day a violation occurs or continues constitutes a separate offense.

Ordinance 2-1979, adopted 02-26-1979

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CHAPTER 82: ANIMAL CONTROL

Section

82.01 Definitions

82.02 Animal Restraint

82.03 Animal That Has Been Impounded

82.04 Reclaiming An Impounded Animal

82.05 Female Dog or Cat in Estrus (Heat)

82.06 Public Nuisance

82.07 Treatment & Care of Animals

82.08 Animal Biting a Person

82.09 Rabies Carrier

82.10 James Dean Domestic or Exotic Animal restricted Area(s)

82.11 Town Humane Officer

82.12 Fines

82.01 DEFINITIONS

ANIMAL: any living creature, domestic or wild, other than a human being.

ANIMAL SHELTER: Any premises designated by the Town of Fairmount as a site for impounding and caring for animals, confined under this chapter.

ANIMAL CONTROL OFFICER: The Grant County Humane Society, Inc and Marion Animal Care and Control Services.

OWNER: Any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes or knowingly permits an animal to be harbored or kept or has an animal in his/her care or who permits an animal to remain on or about his/her premises; provided this shall not include a person hired or acting as custodian of the animal for its owner. Any person owning, harboring, or keeping any animal.

RESTRAINT, an animal is under restraint, if

(a) on the premises of its owner

(b) accompanied by a responsible person and under that person’s control

82.02 ANIMAL RESTRAINT

An animal must be kept under restraint at all times.

82.03 ANIMAL THAT HAS BEEN IMPOUNDED

An unrestrained animal may be taken by the Police, the Town Humane Officer, an employee of the Humane Society or an employee of Marion Animal Care and Control and impounded in an animal shelter, and there confined in a humane manner. An impounded animal shall be kept for not less than seventy-two (72) hours unless reclaimed by its owner. An animal not reclaimed by its owner within that time may become the property of the Humane Society or Marion Animal Care and Control.

82.04 RECLAIMING AN IMPOUNDED ANIMAL

An owner reclaiming an impounded animal shall pay a fee to the Town of Fairmount or entity that possess the animal in the amount of $75.00 for each time the animal is impounded.

The owner must also show proof the animal has been vaccinated for rabies.

82.05 FEMALE DOG OR CAT IN ESTRUS (HEAT)

A female dog or cat in estrus (heat) shall be confined in a building or secure enclosure, so that the dog or cat cannot come into contact with another animal of that species except for planned breeding.

82.06 PUBLIC NUISANCE

An owner shall exercise proper care and control of the owner’s animal and prevent the animal from becoming a public nuisance. An animal which engages in excessive, continuous or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school ground, or trespassing upon private property and damaging property is a nuisance and shall be impounded in an animal shelter under this Code section.

A person who violates any provision of this section shall be punishable by a fine imposed for the first such violation shall not be less than twenty-five dollars ($25.00); subsequent or continued violations may also subject the owner to impoundment of the animal by Marion Animal Care and Control.

82.07 TREATMENT & CARE OF ANIMALS

1. No owner shall recklessly fail to provide animals with sufficient good and wholesome food and water. Food must be appropriate for the species.

2. No owner shall recklessly fail to provide animals with proper shelter.

3. No owner shall leave an animal outside and exposed to the elements for any amount of time that said exposure would become dangerous to the animal’s health, without providing for the animal proper shelter.

Defined Shelter: Proper shelter shall mean a structure of at least three sides and a roof within which an animal can seek refuge from the sun, wind, heat, cold and precipitation, which shelter is located on dry ground with proper bedding, that is mud free and which shelter is maintained in a sanitary condition to prevent odor and health problems for the animal.

4. No person shall recklessly fail to provide veterinary care for animals. As used in the section, VETERINARY CARE means proper grooming, medical treatment, and vaccinations against rabies.

a. Tail docking, ear cropping or spay/neutering, when done by an individual who is not a licensed veterinarian, is a violation of this section.

5. No person shall recklessly beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal.

6. No owner shall abandon any animal

7. Animal shall be kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for the animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact.

8. It shall be unlawful for a person to incite, train to fight (other than a crime prevention dog) or set any animal to fighting another animal or to incite combat between animals and humans in the town of Fairmount.

a. No person(s) shall build, make, maintain, possess animal fighting paraphernalia or keep a fighting pit on his/her premises.

b. No person shall in any manner encourage instigate, promote or assist in an exhibition of animal fighting or intentional combat between animals.

c. No person shall charge admission, be an assistant, participate or be present to any exhibition of an animal fight or combat.

9. No person shall violate the provisions of I.C. 35-46-3. Violations of that chapter shall be prosecuted in accordance with the provisions of State Law as contained therein.

If a person is found guilty of this section the fine shall be not less than $100 for the first offense, $200 for the second offense and $300 for the third offense.

82.08 ANIMAL BITING A PERSON

1. The person responsible for any animal which has bitten a person or another animal must report the incident to the Animal Control Service or local law enforcement. Upon receiving the report of a bite, Marion Animal Care and Control will quarantine the animal for 10 days with the place of confinement to be in the discretion of the department of animal control.

a. During quarantine, if the animal is confined by Marion Animal Care and Control, a charge equal to the actual cost of housing the animal, not to exceed fifty ($50) dollars per day, shall be paid to Marion Animal Care and Control Service.

b. Also, during the quarantine period, the owner must provide a current rabies vaccination certificate for his or her feline or canine that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner’s expense upon release.

2. Upon receiving information about any animal which has bitten a person or which had been possibly exposed to rabies, the Law Enforcement Agency shall notify Marion Animal Care and Control. If a veterinarian determines that an animal in quarantine is a possible rabies carrier, the County Health Office shall be notified. Any necessary action shall be to confirm the diagnosis and disposal of the animal.

Every case of a human bitten by a domestic or wild animal shall be reported promptly to Marion Animal care and Control or the local Law Enforcement Agency. It is the duty of the person bitten or the parent/guardian to make the report in conformance with Title 410 IAC 1-2.3-52. Law Enforcement K9’s are exempt from this section.

82.09 RABIES CARRIER

If a veterinarian determines that an animal in quarantine is a possible rabies carrier or dies while under observation, Marion Animal Care and Control shall take such action as is specified in such cases by the State Board of Animal Health and shall notify the proper public health officials of reports of human contacts made by, and the diagnosis made of the animal.

82.10 JAMES DEAN DOMESTIC OR EXOTIC ANIMAL RESTRICTED AREA(S)

During the annual James Dean festival there shall be no Domestic or Exotic animals permitted to be walked or carried on or off leash in the festival areas. These areas are:

1. Play Acres Park

2. Fairmount Downtown area from 2nd Street to Madison Street (North and South) on Main St.

3. Service animals with the proper documentation excluded.

82.11 TOWN HUMANE OFFICER

The Town Humane Officer has police powers to enforce this Code section. A person may not interfere with, hinder, molest or abuse the Town Humane Officer in the exercise of the officer’s powers.

82.12 FINES

A person who violates any provision of this code section commits an ordinance violation and upon conviction shall be fined not less than Fifty Dollars ($50) nor more than Two Hundred Dollars ($200). Each day a violation occurs or continues constitutes a separate ordinance violation.

Ordinance #3-2018; passed July 23, 2018

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Chapter 83: Weeds

Section

83.01 State Law

83.02 Definitions

83.03 Public Nuisance

83.04 Failure to Cut Weeds

83.05 Enforcement

83.06 Appeal

83.07 Removal of Vegetation by Town of Fairmount

83.08 Certification to Auditor

83.01 State Law

The Council hereby adopts Indiana Code 36-7-10.0-1 et seq.

83.02 Definitions.

Clerk-Treasurer.The Clerk-Treasurer shall refer to the Clerk of the Town of Fairmount,

County Auditor.The County Auditor shall refer to the Grant County Auditor.

Enforcement Office. The enforcement office shall be the Clerk-Treasurer’s office in the Town of Fairmount,

Real Estate. The term “real estate”, as used in this code section shall include the lot area, lawn space, curb space and sidewalk area abutting the real estate.

Weeds, Grasses and Rank Vegetation.

1. Canada thistle, thistles, Johnson grass, sorghum, alum (such as allium, bur, cucumber and shatterking) and all other grasses or weeds which have been defined by state statute or administrative rule as being obnoxious or detrimental plants;

2. Rank vegetation is the uncontrolled, uncultivated growth of annuals and perennial plants, which are allowed to grow to a height of 12” or more.

3. Weeds do not include shrubs, trees, cultivated plants or crops such as hay, straw and pasture.

83.03 Public Nuisance.

Weeds, grasses and rank vegetation allowed to grow to a height of one foot or more are a public nuisance.

83.04 Failure to Cut Weeds.

No person shall fail to cut and remove from any real estate owned, leased or occupied by that person, any weeds, grasses and rank vegetation which are declared a public nuisance under Section 83.03 of this section.

83.05 Enforcement.

The Enforcement Office shall issue a notice to any property owner in violation of this Ordinance which notice shall state that the owner has five (5) days in which to remove the weeds, grasses or rank vegetation. The notice can be served by a police officer or by an employee of the Town of Fairmount, Indiana, by delivering a copy of such notice and leaving it at the house, dwelling or other building located upon the real estate from which the public nuisance exists, or by the Enforcement Officer mailing a copy of the Notice by certified mail to the last known address of the property owner

83.06 Appeal.

Any owner who receives a Notice provided for within 83.05 above may, within forty-eight (48) hours, appeal such Notice by delivering written Notice of such objections to the Enforcement Office within forty-eight (48) hours of the delivery date of the Notice to the home or receipt of the certified mailing to the property owner. Upon receipt of such notice of appeal, the Enforcement Office shall place the appeal upon the agenda for the next Town Council meeting for the Town of Fairmount, Indiana, and such appeal shall be determined by a majority of the council members in attendance.

83.07 Removal of Vegetation by Town.

If the landowner fails to remove the weeds, grasses and rank vegetation within the time prescribed, the Town may remove the vegetation. The Town Council may, from time to time, establish a reasonable fee for the removal of the weeds, or the Enforcement Office may provide a statement of actual costs, and the Clerk-Treasurer shall send, by certified mail or personal delivery by the police department or another employee of the Town, a copy of such billing to the landowner. The landowner shall thereafter have ten (10) days after receipt of the billing to pay the costs to the Clerk-Treasurer or to file a written appeal with the Clerk-Treasurer contesting the billing issued. All appeals shall be immediately set for the next regularly scheduled Town Council meeting and the Town Council’s decision shall be final.

83.08 Certification to Auditor.

If the outstanding billing is not timely paid as provided for within section 83.06, or if the appeal has been denied and payment has not been received within ten (10) days of the denial of the appeal, the Clerk-Treasurer shall certify to the County Auditor the amount of the billing, plus any additional administrative costs incurred in the certification. The County Auditor, pursuant to I.C. 36-7-10.1-4, shall place the total amount certified on the tax duplicate for the property effected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the Motor Vehicle Highway Fund for the Town of Fairmount, Indiana.

Ordinance 2-1970, adopted 03-16-1970;

Ordinance 13-1988, adopted 10-24-1988.

Ordinance 6-2004; adopted 5-10-04

Ordinance 4-2006; adopted 6-12-06

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CHAPTER 84: PUBLIC NUISANCES

Section

84.01 Purpose and Intent

84.02 Definitions

84.03 Application of Chapter

84.04 Determination of Violation, Notice of Violation

84.05 Enforcement

84.06 Property Owner Rights to Object to Complaint

84.07 Severability

84.01 Purpose and Intent

The purpose is to protect the public safety, health, welfare and enhance the environment of the people of the Town of Fairmount by making it unlawful for any person to maintain, use, create, cause, place, deposit, leave or permit a nuisance to remain on any property and to promote the health and general welfare of the people of the Town of Fairmount by prohibiting the throwing, casting or depositing or litter in or upon any private or public property within the corporate limits.

84.02 Definitions

For the purpose of this chapter, the following terms shall have the following meanings. The word “shall” will be mandatory and not merely directory.

(1) Authorized Employee - And individual designated to make the necessary inspection or any individual(s) of the Area Plan Office or Fairmount Police Department or their designated representative, which department has been designated by the Town Council to enforce this ordinance.

(2) County - the unincorporated Grant County, City Limits of Jonesboro, Fairmount, Van Buren and Upland Corporate Limits.

(3) Public Nuisance - Whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property. The following is a list of public nuisances, but does not limit, the condition constituting a nuisance under this Ordinance section.

(a) Accumulations of rubbish, trash, refuse, junk and other abandoned (meaning not orderly, stacked, packed, racked stored or in containers) materials, metals and lumber;

(b) Any condition which provides harborage of rats, mice, snakes, insects, and other vermin:

(c) Disagreeable or obnoxious odors and stenches as well as the conditions, substances or other causes which give rise to the emission or generation of those odors and stenches; other than that which originates from customary agricultural or industrial practice;

(d) Carcasses of animals or fowls, not disposed of within a reasonable amount of time after death;

(e) Buildings, structures of other places and locations where any violation of Federal, State or County law is conducted, maintained or performed;

(f) Accumulations of stagnant water;

(g) It shall be a nuisance for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under their control, in a place assessable to children any abandoned.

(h) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of the people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located; as defined in chapter 11 of the Areawide Zoning Ordnance.

(i) The unauthorized obstruction of any public street, road, alley, sidewalk, or any other public thoroughfare or right-of-way; or vision clearance at an intersection as specified by the Areawide Zoning Ordinance.

(j) The pollution of any public well, cistern, stream, lake, canal or body of water by sewage, dead animals, industrial waste or other substances.

(k) It shall be a nuisance to permit furniture designed for interior use or household furnishings to set or be placed outside any structure, unless placed for refuse collections.

(l) It shall be a nuisance to maintain a swimming pool 42 inches or more deep without being secured by fences or gates, as defined by the Areawide Zoning Ordinance.

(m) It shall be a nuisance to fill land with materials other that than allowed by Indiana Code.

(4) Governmental Property - Real estate within the Town of Fairmount which owned, leased, controlled or occupied by the United State, the State of Indiana, or any political subdivision thereof.

(5) Officer - An employee of the Area Plan Department or Fairmount Police Department or their designated representative so designated by the Fairmount Town Council having law enforcement’s powers to issue county ordinance violation summons in order to enforce the provisions of this ordinance.

(6) Owner - Shall be presumed to be any one or more of the following:

a. the owner or owners in fee simple of a parcel of real estate including the life tenant if any; or

b. The record owner or owners as reflected by the most current records in the township assessor’s office of the township in which the real estate is located; or

c. The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.

(7) Private Property - All real estate within the Town of Fairmount except governmental property.

84.03 Application of Chapter

(1) Each department or agency of the United Sates, the State of Indiana, or any political subdivision thereof, shall be required to keep governmental property free from public nuisances.(2) Any owner of private shall be required to keep that private property free from public nuisances.

84.04 Determination of Violation; Notice of Violation

1. Assignment of Complaint - The Area Plan Department or Town of Fairmount shall thereafter forward the complaint to the officer for processing, who in turn, shall visually inspect the property in question. If the officer determines that a violation exists they shall issue a Notice of Violation as provided below.

2. Notice to Abate - When a complaint addresses private property, the officer through the Area Plan Department or Town of Fairmount shall cause a written notice to abate to be served upon the owner of the property in question, granting that owner a minimum of ten (10) calendar days in which to remove the public nuisance. This notice shall be served by regular 1st Class United States mail postage prepaid and provided further that any failure to give such written notice shall not constitute a defense to any action to enforce the provisions of Section 84.04. If the officer determines that an emergency required that an action proceed without the notice, the officer shall follow Section 84.05 (2).

3. Inspection - Following the expiration of the “Notice to Abate”, an officer shall visually inspect the property to determine whether a public nuisance still exists. If a public nuisance exists, action shall be taken to abate that nuisance in accordance with this ordinance.

4. Abatement by County on Government Property of Right-of-Way - Where the complaint addresses governmental property and it is determined by the officer that a violation exists and threatens the health and safety of the people of the Town of Fairmount, the office may direct the Area Plan Commission or Town of Fairmount to immediately enter upon the premises and remove the public nuisance.

84.05 Enforcement

1. Citation for Violation - If the officer finds that a public nuisance exists on private property and has not be abated as directed in the written notice to abate, that officer may cause a Citation for Violation of a Town Ordinance to be issued to the offending property owner. Any person who violated any provisions of this Code Section shall be deemed to have committed an ordinance violation and upon conviction, shall be fined not less that Fifty Dollars ($50.00) and not more than Twenty-five Hundred Dollars ($2,500.00). The court may order the county to abate the violation and impose costs as incurred and calculated under Section 84.05 (3). Each day a violation continues after an action has been commenced to abate the nuisance that nuisance shall constitute a separate ordinance violation. No additional notice under this Code section shall be required to initiate these separate actions once an action has been commenced against the person violating this Code section.

2. Abatement by County on Private Property - In addition to the issuance of a citation for the Violation of a Town Ordinance under Section 84.05 (1), the officer may bring a civil action in the County Courts or any court of record and if so ordered by the court, obtain an order allowing the Area Plan Commission or Town of Fairmount to abate the public nuisance and recover costs pursuant to this Ordinance, which shall include: cost of removal of the public nuisance, administrative fees actually incurred in abating the public nuisance, including costs of collections and attorney fees. In addition, the officer may seek to enjoin the public nuisance through application to the proper court.

3. Responsibility of Offender for Costs of Enforcement - The Area Plan Department or Town of Fairmount shall make a statement of the costs incurred in eliminating the public nuisance, administrative fees, attorney fees if court ordered enforcement is necessary and all recording fees associated with their collection the outstanding balances. If the work is performed by contract the contract amount will be charged and may be paid directly by the offender. The following fees shall be charged if performed by government personnel and equipment:

(a ) Administrative Fees $500.00

These fees would cover such administrative tasks as inspecting the property to determine the violation, to determine compliance, determining ownership and preparing and mailing notices.

(b) Labor and Fees

The following labor fees per person, per hour or fraction thereof, for labor necessary to abate a public nuisance.

Operator/Driver/Laborer w/o CDL Current Rate

Operator/Drive/Laborer w/CDL Current Rate

Supervisor Current Rate

The following equipment fees per machine, per hour or fraction thereof, for the use of each piece of equipment necessary to abate the public nuisance.

Pick-up Truck Current Rate

Tractor/Bush Hog Current Rate

Backhoe Current Rate

Dump Truck Current Rate

Packer Current Rate

Loader Current Rate

(d) Any landfilling fees actually incurred to dispose of litter and waste products removed.

(e) Any other reasonable fees actually incurred in abating a public nuisance. Said statement shall be delivered to the property owner by first Class Mail. The owner shall pay the amount noted to Grant County within ten (10) days after receipt, Which shall be deposited in the unsafe building fund which heretofore shall be called the joint abatement, abandoned vehicle and unsafe building fund and operated in accordance with IC 36-7-9-14 and IC 9-22-1-27.

(4) Failure to Pay - If the owner fails to pay the amount within ten (10) days after receiving the statement, the Area Plan Department or Town of Fairmount may institute action necessary to collect the debt.

84.06 Property Owner Right to Object to Complaint

Upon receipt of a “Notice to Abate”, the property owner of their duly authorized representative may notify the Area Plan Department or Town of Fairmount of an intent to object to any “Notice to Abate”. This correspondence shall be in writing and shall specify the street address involved, as well as the current mailing address and phone number of the property owner or their representative. Any such correspondence must be received by the Area Plan Department or Town of Fairmount within the amount of time set out in the “Notice to Abate”.

Upon receipt of such correspondence, the Area Plan Department or Town of Fairmount shall provide copies of same to the County Attorney or Town Attorney and to the officer involved in the violation, who shall cause the objection to be investigated. If the officer determines that the violation has not been corrected, he shall file the cause in the County Courts or any other court of record. No other action concerning the property in question shall be pursued against the owner to abate the environmental public nuisance until resolution of the objection thereto.

84.07 Severability

If any provisions of this ordinance or any application thereof, is held invalid, the invalidity shall not effect other applications of the provisions or terms of this ordinance, which reasonable can be given, effect without the invalid provision or term or the application thereof.

Ordinance 3-2002; adopted 04-22-02.

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Chapter 85: Prevention of Litter

Section

85.01 Purpose of Ordinance

85.02 Definition of Litter

85.03 Violations

85.04 Enforcement

85.05 Fines

85.01 Purpose of Ordinance

The purpose of this Ordinance is to promote the health and general welfare of the people of the Town of Fairmount, Indiana, by prohibiting the throwing, casting or depositing of litter in or upon any private or public property within the city limits.

85.02 Definition of Litter

For the purpose of this Ordinance, litter is defined as ashes, filth, excrement, boards, slop cinder, old tires, sawdust, wood or metal shavings, rubber, lumber scraps, boxes, barrels, crates, cans, bottles, cartons, paper, trash, rubbish, debris, garbage, manure, grass cuttings, tree limbs, discarded food, clothing or any other offensive or disagreeable substance thrown, cast, dropped, discharges, or deposited by anyone in or upon public or private property, including streams and water courses.

85.03 Violations

(a) No person shall sweep, throw, cast or otherwise place or deposit litter of any kind in or upon any curb, gutter, street, alley, boulevard, highway, right of way, viaduct, sidewalk, vacant or occupied lot, vacant building, pond, stream or water course, or other public or private property.

(b) No person within any vehicle shall throw, cast, place, drop, spill or deposit litter upon any private or public property.

(c) It shall be the duty of the owner or occupant of any real estate to maintain the sidewalk, lawn space and that portion of the street lying between the curb line and the property line free from litter. Such owner or occupant is prohibited from sweeping or otherwise moving litter from sidewalks into the gutters or streets, or onto adjoining property. Failure to comply with this section shall constitute an ordinance violation.

(d) The owner, lessee, agent or their person having control, charge, authority or management over vacant property shall keep said property free and clear of any and all litter. Failure to comply with this section shall constitute an ordinance violation.

(e) The owner, lessee, agent or other person having control, charge, authority or management over vacant property shall keep said property

(f) free and clear of any and all litter. Failure to comply with this section shall constitute an ordinance violation.

(g) No trash, refuse or garbage shall be removed, hauled or conveyed within city limits, unless the vehicle used for removal, hauling, or conveying is tightly covered by screen, wire mesh or tarpaulin. Such a vehicle shall be loaded and driven in a manner that none of the contents may be spilled, dropped, or blown from it.

(h) Occupants of all premises shall be required to provide adequate receptacles for garbage disposal, equipped with tight lids or covers and such lids and covers shall be kept in place at all times. All receptacles shall be placed in easily accessible locations on the premises but not on alleys where they may obstruct the circulation and operation of refuse and garbage collection. Failure to comply with this constitutes an ordinance violation.

85.04 Enforcement

The Town Legal Department, and the Nuisance Abatement Officer, acting as agent of the Town Legal Department, the Police Department, and the Fire Department, can and shall take immediate legal action to enforce this ordinance.

85.05 Fines

This ordinance shall be punishable by a fine not less than fifty ($50.00) dollars and not more than two thousand five hundred ($2,500.00) dollars. Each day an offense is committed shall constitute a separate offense. In addition to this penalty, a violation of this ordinance shall be enjoined by a court order.

Ordinance 11-1988; adopted 10-24-1988.

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Chapter 86: Dangerous Property

Section

86.01 Town Streets

86.02 Horses

86.03 Firearms and Fireworks

86.04 Burning

86.05 Obstruct any Public Way

86.06 Placing Utility Pole

86.07 Door or Vault Grating Open

86.08 Trees and Public Drains

86.09 Farm Animals

86.10 Fines

86.01 Town Streets

(a) A person may not sweep dirt or other material into a Town gutter.

(b) A person may not impede the free use of a Town street or alley.

86.02 Horses

A person may not permit any horse or other member of the equine family to remain in any public place without being:

(a) Attended; and

(b) Securely fastened to a lamppost, fire alarm pole or telephone booth.

86.03 Firearms or Fireworks

(a) A person may not discharge any firearm or fireworks within the Town without first obtaining a permit from the President of the Council.

(b) A person may not throw fireballs, fireworks, firebrands or any other ignited substance within the Town.

86.04 Burning

(a) A person may not burn any bonfire in a public place in the Town without first obtaining a permit from the President of the Council.

(b) A person may not maintain a fire for burning combustible matter in the public place in the Town except:

1. Between sunrise and 6:00 p.m. or

2. At any time within twenty (20) feet of a building; or within fifty (50) feet of the frontage of a building.

86.05 Obstruct Any Public Street, Alley or Sidewalk

A person may not obstruct any public street, alley or sidewalk with any substance or material, or congregate to obstruct it. This subsection does not prohibit the occupancy of three (3) feet of the sidewalk on Main Street from Adams Street to First Street from sunrise to sunset on each day by any person otherwise lawfully present.

86.06 Placing Utility Poles

A person may not place any telephone, telegraph, electric light or other utility poles on or along a public place without obtaining a permit from the President of the Council and the location of the pole’s placement being determined by the Chief of Police or Street Commissioner.

86.07 Door or Vault Grating Open

A person may not keep any door or vault grating open if it would endanger a person using a street or sidewalk.

86.08 Trees and Public Drains

A person may not plant or maintain any tree in any public place in Town, which injures any public sewer, drain, sidewalk, or street. The Town may remove any tree, which causes damage under this subsection.

86.09 Farm Animals

It shall be unlawful for any person to raise, breed, or keep any animal, livestock or poultry of any kind on property within the corporate limits, except that dogs, cats, birds or other household pets can be kept provided they do not create a neighborhood nuisance.

86.10 Fines

A person who violates any provision of this Code section commits an ordinance violation and upon conviction, shall be fined not more than one hundred dollars ($100.00). Each day a violation occurs or continues constitutes a separate offense.

Ordinance #44, adopted 07-15-1907;

Ordinance #73, adopted 07-01-1913;

Ordinance #5-1978, adopted 05-08-1978.

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Chapter 87: Protection of Trees in Public Right-Of-Ways

Section

87.01 Purpose

87.02 Definitions

87.03 Permit Required

87.04 Maintenance and Removal; Notice

87.05 Planting Restrictions

87.06 Attaching Objects to Trees

87.07 Penalty

87.01 Purpose

The purpose of this section is to control the trimming, removal, planting, and protection of all trees, shrubs, vines, flowers, hedges, and plants within the right-of-way of any street or alley or within any park, or fourteen (14) feet from the street right-of-way line on any property in the Town.

87.02 Definitions

Council shall mean the Town Council of the Town of Fairmount, Indiana.

Clerk shall mean the Town Clerk or his representative in the Clerk’s Office for the Town of Fairmount.

Street Commissioner shall refer to the duly appointed Street Commissioner of the Town of Fairmount.

Town Marshal shall mean the duly appointed Town Marshal or any of his deputies.

87.03 Permit Required

It shall be unlawful for any person, firm, or corporation to trim, remove, plant, injure or destroy any tree, vine, shrub, flower, or plant within the right-of-way of any street, alley or in any park or boulevard, or within fourteen (14) feet from a street right-of-way or any property in the Town without first obtaining a written permit from the Clerk.

87.04 Maintenance and Removal; Notice

The Street Commissioner is authorized to require the owner or occupant of any property abutting any alley or street, to remove or trim any tree, shrub, vine, flower, or plant, or part thereof, which may be dead, which may be considered to create a dangerous condition, which may project over the street beyond the property line to a height of ten feet or less, or which may obstruct the passage of pedestrians on the sidewalks, by first causing notices to be served upon the owners or occupants of the property ten days prior to the time designated for the removal or trimming of the tree, shrub, vine, flower, plant, or other vegetation.

87.05 Planting Restrictions

No trees shall be planted between the street curb and sidewalk in any street right-of-way where the width of the space is less than six (6) feet, without first obtaining the approval of the Street Commissioner as to the planting and the type of tree to be planted. Trees shall not be planted along any sidewalk in the street right-of-way less than thirty (30) feet apart or as directed by the Street Commissioner.

87.06 Attaching Objects to Trees

It shall be unlawful to attach any guy wire, cable, or any other item to any tree or to use the same in connection with any banner, sign, or similar item for any purpose whatsoever. It shall be unlawful to cut or trim any tree for the purpose of erecting any telephone, telegraph, or power poles and wires without first obtaining the written approval of the Street Commissioner.

87.07 Penalty

Any person, firm, or corporation violating any of the provisions of this chapter shall be fined in an amount not to exceed five hundred ($500.00) dollars. All ordinance violations shall be issued by the Town Marshal.

Ordinance 4-1991; adopted 07-22-1991.

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Chapter 88: Public Exhibitions

Section

88.01 Exhibitions Described

88.02 Not-For-Profit

88.03 License

88.04 Penalty

88.01 Exhibitions Described

A person may not organize or conduct a

(1) circus,

(2) carnival or other

(3) public exhibition

without first obtaining a license from the Council to do so.

88.02 Not-For-Profit

This Code section does not apply to not-for-profit exhibitions.

88.03 License

The license required under this section shall be issued by the Clerk-Treasurer after the applicant pays a fee of fifty ($50) dollars. The fee shall be deposited in the Town General Fund.

88.04 Penalty

A person who violates a provision of this Code section commits an ordinance violation and upon conviction shall be fined not more than fifty ($50.00) dollars. Each day a violation occurs or continues constitutes a separate ordinance violation.

Ordinance #116; adopted 06-18-1923.

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Chapter 89: Noise Ordinance

Section

89.01 Scope

89.02 Definitions

89.03 Loud & Unnecessary Noise Prohibited

89.04 Enumeration of Certain Prohibited Acts

89.05 Prohibited Vehicle Noise

89.06 Exemptions

89.07 Permits

89.08 Penalty

89.01 SCOPE

This chapter shall apply to the control of all noise within the town limits as exists now or may hereafter be established. All prior ordinances relating to this subject matter are hereby expressly repealed.

89.02 DEFINITION

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:

a) Motor Vehicle – any vehicle powered by a mechanical engine, and designed to be driven or used on any public or private property. Such definition shall include, but not limited to, automobiles, vans, trucks, motorcycles, motor scooters, dune buggies, snowmobiles, off-road vehicles, go-carts, and golf carts.

b) Person – any individual, association partnership or corporation which includes any officer, employee, department, agency, or instrumentality.

c) Animal – any live, nonhuman vertebrate creature, domestic, wild or exotic.

89.03 LOUD AND UNNECESSARY NOISE PROHIBITED

a) It shall b a violation of this chapter for a person to make or assist in making any noise tending to unreasonable disturb the peace and quiet of persons in the vicinity thereof unless the making and continuing of the same cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life, or limb of some person.

b) Further, it shall be the duty of every owner, occupant, manager, agent or operators of any property, animal, structure, vehicle or business in the town to prevent persons using property under heir control from violating this chapter.

89.04 ENUMERATION OF CERTAIN PROHIBITED ACTS

The following acts, uses or noises, among others, subject to specific exemptions are declared to be prima facie evidence of a violation of this chapter. Such enumerations shall not be deemed to be exclusive.

a) Any person who owns or has within its control an animal and permits said animal to unreasonably bark, howl, cry or emit any noise which is considered to be in excess and is disturbing to the peace, quiet and comfort of the neighboring inhabitants.

b) No person shall play, use, or operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or on any of the following:

( i ) Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is plainly audible at a distance of 75 feet from it source.

(ii ) Any motor vehicle on a public right-of-way highway, or public space if the sound generated is plainly audible at a distance of 75 feet from the device producing the sound.

c) Quiet time will be observed from 10:00 p.m. until 8:00 a.m. weeknights and from midnight until 8:00 a.m. on weekend nights.

89.5 PROHIBITED VEHICLE NOISE

The following acts are declared to be a public nuisance, but the enumeration of the particular offenses hereinafter particularly defined shall not be constructed as limiting the generality of this chapter, or limiting the offense hereunder to the particular offense hereinafter enumerated.

a) The continuous or repeated sounding of any horn or signal device of a motor vehicle when not used as a danger signal. Continuous shall be defined as to include unnecessary periods of time.

b) The use or operation of any radio, tape player, disc player or other electronic sound reproduction device located within a motor vehicle being operated or parked on any public street or place accessible to the public, in such manner as to disturb the peace and repose of persons in their homes, businesses or on the streets, or at any time, with louder volume than is necessary for convenient hearing of the person or persons who are voluntary listeners within the vehicle. The operation of any such radio or electronic sound reproduction device with a vehicle in such a manner as to be audible to those outside the vehicle at a distance of 75 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section. Said 75 feet may be measured horizontally or vertically.

c) The use of any motor vehicle with or without the attachment of various appurtenances thereto so as to create unreasonable grating, grinding, rattling or other noise or noises. This shall include the use of any vehicle, said use of which causes unreasonably 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.

89.06 EXEMPTIONS

The following shall b e exempt from this chapter:

a) Sounds emitted by authorized emergency vehicles.

b) Lawn mowers, tractors, and similar home power tools when properly muffled.

c) Alarms or any other emergency warning devices.

d) The emission of sound for the purpose of altering persons to the exi9stence of an emergency or in the performance of work to prevent or alleviate physical or property damage threatened or caused by public calamity or other emergency.

89.07 PERMITS

The Town Council shall have the authority to issue permits for:

a) Holiday, celebrations, concerts, parades or other special events, public or personal, including all parties involving live bands, disc jockeys and any other music after the hours of darkness.

b) No permit will be required for the weekend nights during the James Dean Festival although functions will observe quit time at 1:00 a.m. on he night of occurrence.

c) No permit will be required for a party occurring during the daylight hours and ending before 10:00 p.m.

d) Permits may contain any conditions that the Town Council requires necessary to limit the adverse impact on the Town or its residents from the activity.

Noncompliance with any condition of the permit shall revoke it and subject the person holding it to the penalty provisions of this ordinance. The town Council may issue guidelines defining the procedures to be followed in applying for a permit. The Town Council will sole discretion as to whether or not to issue a permit.

89.8 PENALTY

Whoever violates any provision of this ordinance, upon conviction, shall be fined not less that $50.00 nor more than $250.00 for each offense. Each day any violation shall continue shall constitute a separate offense. These fines are in addition to any applicable court costs which are imposed by the court.

Ordinance #11-1995; passed 10-9-95 repealed by

Ordinance #3-2008; passed 1/14/2008

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Chapter 90: Enforcement Aid Fund

Section

90.01 Definitions

90.02 Custodian of the Petty Cash Fund

90.03 Disbursements from the Funds

90.04 Written Regulations

90.01 Definitions

The Town created an Enforcement Aid Fund which was established as a petty cash fund to be used by the Fairmount Police Department for investigative purposes.

90.02 Custodian of the Petty Cash Fund

The custodian of the petty cash fund shall be the Town Marshal for the Town of Fairmount.

90.03 Disbursements from the Funds

The custodian of the fund shall provide a written receipt for each expenditure made from the fund. Periodically, the custodian shall file a voucher; with all of the original receipts with the Town Clerk totaling the cash claimed expended being attached to it, so that the fund can be reimbursed for expenditures from it. Reimbursement must be approved by the Town council and made in the same manner as the filing of all other claims with the Town Council.

90.04 Written Regulations

Recognizing that the Enforcement Aid Funds may be utilized for confidential and monetary disbursements, any disbursements to be made from the petty cash shall be specifically governed by regulations, which shall provide for an approval process of such disbursements by the Town Marshal, and to provide specific guidelines for the use of such funds. The regulations shall conform to the guidelines for confidential funds, which are available from the Indiana State Police. The Town Marshal of Fairmount shall provide the written regulations to the Town Council of Fairmount, and such regulations shall be subject to approval by the Town Council before the same shall be implemented. The custodian of the fund shall at all times comply with the written regulations, which are in effect. Such regulations may be amended from time to time by approval of the Town Council of Fairmount.

Ordinance #6-1997; adopted 06-30-1997.

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Chapter 91: Curfew for Minors

Section

91.01 Violations

91.02 Exceptions

91.03 Penalties

91.01 VIOLATIONS

A. It is a violation of this ordinance for a child under fifteen (15) years of age to be present at or upon any public assembly, building, place, street or highway, or alley or other public place within the Town of Fairmount after 11:00 p.m. and before 5:00 a.m. on any day. (“prohibited conduct”).

B. It is a violation of this ordinance for a child under eighteen (18) years of age to be present at or upon any public assembly, building, place, street, highway or other public place within the Town of Fairmount

1. Between the hours of 1:00 a.m. and 5:00 a.m. on Saturday or Sunday, or

2. After 11:00 p.m. Sunday, Monday, Tuesday, Wednesday or Thursday and before 5:00 a.m. Monday, Tuesday. Wednesday, Thursday, or Friday.

(“prohibited conduct”).

C. It is a violation of this ordinance for a parent, guardian or custodian to knowingly permit a person in his or her custody to violate Section A or Section B of this ordinance (expect where one or more of the exceptions (defenses) listed in Section E applies).

D. A law enforcement officer may not detain a child or take a child into custody based on a violation of this ordinance unless the law enforcement officer, after making a reasonable determination and upon consideration of the facts and surrounding circumstances, reasonably believes that: (1) the juvenile has violated Section A or Section B of this ordinance; and (2) there is no legal defense to the violation as provided in Section E.

91.02 EXCEPTIONS

A It is a defense to a violation of the ordinance if at the time the juvenile has engaged in the prohibited conduct:

1. The child is emancipated:

a. under I.C. 31-36-19-27 or I.C. 31-6-4-15.7 (before its repeal);

b. by virtue of having married, or

c. in accordance with the laws of another state or jurisdiction

2. The child is engaged in the prohibited conduct while:

a. accompanied by the child’s parent, guardian or custodian;

b. accompanied by an adult specified by the child’s parent, guardian or

custodian;

c. participating, going to a returning from:

(i) lawful employment; or

(ii) school sanctioned activity; or

(iii) a religious event; or

(iv) an emergency involving the protection of a person or property from eminent threat of serious bodily injury or substantial damage; or

(v) an activity involving exercise of a child’s right protected under the First Amendment of the United States constitution or Article 1,

Section 31 of the Constitution of the State of Indiana, or both such freedom of speech and the right of assembly, or

(vi) an activity conducted by a non-profit or governmental entity that provides education, training or other case under the supervision of one or more adults.

(a) participating in an activity or undertaking with the prior written direction of the child’s parent, guardian or custodian, or

(b) engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.

91.02 PENALTIES

A. Penalties.

1. A person who commits a violation of this ordinance is subject to enforcement provisions provided in I.C. 36-1-6 and I.C. 34-28-5. A complaint against a person alleging a violation of this ordinance shall be filed in the Grant Superior Court III; and in the case of a complaint against a juvenile, a copy of the complaint shall be directed to the juvenile’s parents, guardian or custodian, provided such parent, guardian or custodian is known or can be identified by reasonable inquiry.

2. A violation of this ordinance shall e punishable by a fine of not less than $10 nor more than $50 for a first offense, not less than $50 nor more than $75 for a second offense; and the court may, in addition to such fine, order such injunctive relief as appropriate and as within the court’s jurisdiction to discourage further violations of this ordinance.

3. A parent, guardian or custodian of such juvenile found in violation of this ordinance who is found to have knowingly permitted the juvenile to be in violation hereof shall be subject to a fine of not more than $25 for the first offense. If any such child over whom a parent, guardian or custodian of such juvenile is held to be in violation of this ordinance within a 12 month period, then such parent, guardian or custodian shall be fined not more than $50; and, if a juvenile is found to be in violation of this ordinance a third or subsequent time during a 12 month period, then the parent, guardian or custodian shall be fined not less than $50 nor more than $200 for the third or each such subsequent violation.

4. In addition to the above penalties, court costs in an amount as now exists or may hereafter be determined by ordinance or statute.

Ordinance #8-2008 passed 10/13/2008

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Chapter 92: Golf Carts

Sections

92.01 Definition

92.02 Operation of a Golf Cart

92.03 Operator

92.04 Financial Responsibility

92.05 Requirement of Local Registration & Fee

92.06 Place of Operation

92.07 Rules of Occupancy

92.08 Time of Operation and Lights

92.09 Slow Moving Vehicle Sign

92.10 Traffic and Parking Rules

92.11 James Dean Museum Days

92.12 Violations and Penalties

92.01 Definition

1. “Driver License” shall mean a valid license, issued by the State of Indiana or any other state, to operate a motor vehicle.

2. “Financial Responsibility” shall mean liability insurance coverage on a golf cart in an amount not less than is required by applicable Indiana law for motor vehicle operated on public highways within the State of Indiana.

3. “Golf Cart” shall mean a four (4) wheeled motor vehicle originally and specifically designed and intended to transport one (1) or more individuals and golf clubs for the purpose of playing the game of golf on a golf course, all as defined by I.C. 9-13-2-69.7.

4. Side by Side (SBS) shall mean a four (4) wheeled vehicle designed for on and off-road use such as a John Deere Gator, Cub Cadet Challenger, Polaris Ranger and etc.

5. “Operate” or “Operation” shall mean to exercise any control over the function or movement of a golf cart.

6. “Roadways” shall mean the entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel within the corporate limits of the Town of Fairmount. The term includes, but is not necessarily limited to, streets, alleys, roads, highways and thoroughfares.

7. “State Highway” shall mean any street under the control of and maintained b y the State of Indiana.

8. “Annual Registration Fee” shall mean at the first day of the new year the registration fee shall be due to operate a golf cart/sbs on Fairmount Roadways for that calendar year.

92.02 OPERATION OF GOLF CART/SBS

The operation of a golf cart/sbs within the Town of Fairmount is strictly prohibited unless the golf cart/sbs is operated, registered and equipped in full compliance with all of the terms and conditions set forth in this Ordinance.

92.03 OPERATOR

Only persons who currently hold a valid driver’s license may operate a golf cart/sbs upon the roadways of the Town of Fairmount.

92.04 FINANCIAL RESPONSIBILITY

The operator of a golf cart/sbs must be able to show proof of financial responsibility when operating of golf cart/sbs. Written proof of financial responsibility must be carried in the golf cart/sbs or on the person of the operator of the golf cart/sbs at all times that the golf cart/sbs is being operated.

92.05 REQUIREMENT OF LOCAL REGISTRATION AND FEE

The owner or lessee of any golf cart/sbs shall register the golf cart/sbs and obtain permit for its operation from the Town of Fairmount before operation of the golf cart/sbs on any roadway may take place. The registration process shall include the filling out a registration form, the payment of an annual registration fee, the inspection by the Town Marshal of the golf cart/sbs to ensure that it is properly equipped as required by this Ordinance, and the furnishing of written proof of financial responsibility to verify that proper financial responsibility is being maintained. Decals reflecting a valid permit must be visibly affixed to the slow-moving placard and visible from the rear of each registered golf cart/sbs. The annual registration fee for each golf cart/sbs shall be Twenty-Five Dollars ($25.00).

92.06 PLACE OF OPERATION

A golf cart/sbs may be operated on the roadways of the Town of Fairmount and at and through intersections of such roadways. A golf cart/sbs may not, under any circumstances, be operated on sidewalks, walking paths, grass rights-of-ways, or private property (Unless the owner of the private property consents) anywhere within the corporate limits of the Town of Fairmount. Similarly, a golf cart/sbs may not be operated on the road surface of any state highway, except to cross such roadways.

92.07 RULES FOR OCCUPANCY

The number of occupants in golf cart/sbs shall not exceed the number of persons for whom factory seating is installed. The operator of a golf cart/sbs and all occupants of a golf cart/sbs shall remain seated on such factory seating at all times while the golf cart/sbs is being operated. No operator or occupant of a golf cart may ride on the lap of, or otherwise be held by, any other person. Furthermore, no part of the body of the operator of golf cart/sbs or any occupant of a golf cart/sbs shall extend outside the perimeter of the golf cart/sbs while the golf cart/sbs is being operated.

92.08 TIME OF OPERATION AND LIGHTS

Golf carts/sbs operated during darkness from dusk to dawn, or during inclement weather, when headlamps are necessary for other motor vehicles, must be equipped with and use headlights and taillights.

92.09 SLOW MOVING VEHICLE SIGN

A golf cart/sbs operated on a roadway shall at all times display a slow-moving vehicle sign in accordance with I.C. 9i-21-9-3.

92.10 TRAFFIC AND PARKING RULES

The operator of a golf cart/sbs shall comply with all rules and regulations adopted wither by the Town of Fairmount or by the State of Indiana which govern the operation and parking of motor vehicles.

92.11 JAMES DEAN MUSEUM DAYS

The registration sticker will not be required on James Dean Museum days. However, all other rules and equipment laws will still apply during museum days.

92.12 VIOLATIONS AND PENALTIES

a) Any person or entity who violates this Ordinance shall be fined Twenty-five Dollars ($25.00) for the first violation, One Hundred Dollars ($100.00) for the second violation, and Two Hundred Dollars ($200.00) for each subsequent violation. Each day of violation this Ordinance shall be construed as a separate violation. Each day of violation shall be construed as a separate violation. A violation of this Ordinance will result in the revocation, suspension or nonrenewal of a permit to operate the golf cart on a roadway on the third violation. Any fine may be paid to the Clerk’s Office of the Town of Fairmount, Indiana within twenty (20) business days of the issuance of the written violation. Any fines not paid within the twenty (20) business day period will be filed with the court of competent jurisdictional.

b) In addition to the penalties set forth in subsection a) above, the Town of Fairmount is empowered to obtain a restraining order and/or a permanent injunction against any person or entity shown to be in violation of this Ordinance

c) A person or entity against whom the Town of Fairmount obtains a judgment as a result of the person’s or entity’s violation of this Ordinance shall pay the costs of the court action and the Town of Fairmount’s attorney fees

92.13 COLLECTED FEES AND FINES

All fees and fines collected pursuant to this Ordinance shall be deposited in the General Fund of the Town of Fairmount.

Ordinance #5-2019 passed 9/23/2019

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CHAPTER 100: Vehicle Identification Number Check

100.1 Definition of Vehicle

100.2 Purpose

100.3 Rate Schedule

100.1 Definition of Vehicle:

Vehicle shall include any motor vehicle as defined by IC 9-13-2-105, motor scooter, motorcycle, motorized bicycle, semi-trailer, tractor as defined by IC 9-13-2-180, trailer as defined by IC 9-13-2-184 boat, or any other similar form of vehicle which may have a vehicle identification number attached to the vehicle by the original manufacturer.

100.2 Purpose

Whenever a police officer of the Town of Fairmount shall be requested to verify a vehicle identification number which has been in some manner affixed to a vehicle by the manufacturer, the police department shall charge a fee.

100.3 Rate Schedule

For each verification requested by any third party except for a governmental entity, the police department shall access a charge of Five Dollars ($5.00) for each vehicle upon which verification is requested. The fees shall be payable to the Clerk-Treasurer and shall be deposited within the continuing education fund for the Fairmount Police Department.

Ord. #5-1999, passed 6-14-99.

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CHAPTER 101: VANDALISM

Section

101.01 Definition

101.02 Violation

101.03 Penalty

101.01 DEFINITION OF VANDALISM

Vandalism is hereby defined as including any of the following matters:

a. Damaging, defacing, marring or otherwise injuring and city owned building, city owned recreational facilities or equipment, any city owned posts, structures, or other city owned property, without the prior consent of the Town Council.

b. Painting, printing, pasting, stenciling or otherwise marking upon, or in any manner placing upon or fixing to any city owned building, city owned recreational facilities or equipment, any city owned posts, structures, or other city owned property. This section shall not apply to the posting of any handbill or notice of any public sale of property by the Town Marshal or by the express written approval of the Town Marshal.

101.02 VIOLATION

Any person who shall commit an act of vandalism upon any city owned property as defined by this section shall be subject to the penalties.

101.03 PENALTY

Any person who violates any provision of this section commits an ordinance violation may pay to the Clerk’s office the sum of $250.00 within ten (10) days or upon conviction, shall be fined not more than $1,000.00.

Ord. #8-2007; adopted 7-23-07

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