Archive for August, 2011

Aug 06 2011

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Two – Proposed New Ordinances – Please Read

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The Proposed Two (Animal & Traffic) Ordinances below passed the “first and second readings” into record – the Traffic Ordinance has been changed at the third reading on August 4, 2011 per recommendations of the State Board of Accounts. and passed the third reading into record. Our next step is to Advertise in local papers to allow public response, comments and recommendations for any and all changes.

We solicit your remarks to a Proposed Ordinance by logging on to this website to leave Comments or by Clicking on the Header “CONTACT US” which will bring up an “email Form” for you to make your remarks, questions and suggestions.

Of course you may also make your remarks known at Town Hall during regular business hours or using the Drop box with written remarks.

At our next Town Council meeting scheduled September 1, 2011 we will discuss all remarks and any changes, then Vote to proceed with State of Indiana mandated steps to an enforceable Ordinance.

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ORDINANCE  12011

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF NORTH SALEM

TO REGULATE AND CONTROL THE KEEPING OF DOGS AND CATS

WITHIN THE TOWN LIMITS

            BE IT ORDAINED by the Town of North Salem, Hendricks County, Indiana, that:

            WHEREAS, the Town Council of the Town of North Salem has received numerous complaints from the citizens of the Town concerning the roaming of cats and dogs within the corporate limits of the Town.  These complaints have consisted of excessive noise from barking, animals defecating on public and private property, unrestrained animals and the danger of vicious animals; and

            WHEREAS, the Town Council of the Town of North Salem after having studied the matter and the enforcements of existing laws and regulations, has determined that an ordinance is necessary to improve enforcement and to protect the health, safety and general well-being of the citizens of the town including the right to peaceful enjoyment of their residential properties.

            NOW THEREFORE, by the powers vested in the Town Council of the Town of North Salem, Hendricks County, Indiana, it is hereby ORDAINED AS FOLLOWS:

Section 1.        KEEPING OF NOISY OR OFFENSIVE ANIMALS CONSTITUTING PUBLIC NUISANCE PROHIBITED.

No person shall own, harbor or keep any animal which behaves in such manner or is otherwise disposed as described in sub-paragraphs (A) and (B) below so as to constitute a public nuisance.

(A) By frequent or habitual barking, howling, yelping or otherwise creates unreasonably loud and disturbing noises of the character, intensity or duration as to disturb the peace, quiet and good order of the Town; or

(B)  By biting, scratching, digging, jumping, running, frolicking, urinating, defecating, vomiting or otherwise injures, damages, soils, defaces or befouls any person, lawn, tree, shrub, plant, building, street, sidewalk or other public or private property without permission of the property owner or person in charge of the property, except as provided in Section 2.

Section 2.        PERMITTING ANIMALS TO DEFECATE ON PUBLIC OR PRIVATE PROPERTY PROHIBITED; EXCEPTION.

            No owner, keeper or person having charge of any animal shall knowingly permit the animal to defecate on the property, either public or private, of another without the owner, keeper or person having charge of any such animal having in his or her possession the necessary tools or equipment to remove the fecal matter immediately.  However, the restriction as to defecating imposed by Section 1 or by this Section shall not be applicable to public property nor to private property other than that of the owner, keeper or person having charge of any such animal when the owner, keeper or person having charge of any such animal immediately and completely removes all feces deposited by the animal and disposes of same in a sanitary manner, nor to cases in which service dogs are leading legally blind persons.

Section 3.        RUNNING AT LARGE PROHIBITED.

The owner or person having charge of any animal within the Town limits shall at all times keep the animal confined upon the premises of the owner or person in charge or under absolute physical control when off the premises.  All animals when off the premises of the owner or person having charge shall be restrained by a leash or lead not exceeding ten feet in length. 

Section 4.        DANGEROUS ANIMALS PROHIBITED.

(A) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the Town limits any dangerous animal.  If any dangerous animal escapes from the person having charge or control of the animal, and the animal without provocation endangers, destroys or constitutes a danger to human life or the life of any other animal or property and cannot be immediately and safely recaptured, it shall be destroyed by any Law Enforcement Officer or County Humane Officer.

(B)  Any person is authorized to kill or attempt to kill by the most expeditious means available any vicious or dangerous animal which he or she reasonably believes is, without provocation, attacking or threatening to attack him or her or another person or domestic animal.  However, a private citizen acting under this section shall immediately notify the Town Police Department of his or her action and the reasons therefor, giving his or her name and address.

             

Section 5.        LIMIT TO THE NUMBER OF DOGS AND/OR CATS PER HOUSEHOLD WITHIN THE TOWN LIMITS.

(A) No household within the Town limits shall have more that  – 4 – dogs or cats or combination thereof which animals are six months of age or older.

(B)  Upon written notice from the Town Marshal, any resident in violation of this section shall have thirty (30) days to remove such number dog(s) and/or cat(s) in order to comply with this section.

(C)  Any resident not in compliance within thirty (30) days after receiving written notice form the Town Marshal shall be subject to a fine as per the fines outlined in Section 8 below.  In addition to any fines imposed, the Town may bring an action in the Circuit or Superior Court of the County for mandatory injunction requiring compliance with this section.

(D) In the event the Town is successful in any legal action requiring a mandatory injunction, the respondent/defendant shall be responsible for all costs of the action, including attorney fees.

Section 6.        KEEPING/FEEDING OF WILD ANIMALS PROHIBITED

            With the exception of maintaining bird houses and/or feeders, it shall be unlawful for any person to keep or feed any wild animal within the corporate limits of the Town including but not necessarily limited to skunks, opossums, raccoons or other vermin.

Section 7.        ANIMAL CONTROL OFFICER DEFINED, DUTIES.

(A) The Animal Control Officer(s) shall be the Town Marshal, the Deputy Town Marshal(s), the Reserve Town Marshal(s), Street Superintendent and any other person(s) so appointed by the Town Council.

(B)  The Animal Control Officer(s) above identified shall have the authority to enforce the provisions of this Animal Control Ordinance by the issuance of citations for Ordinance Violations, the taking of complaints, informal efforts at Ordinance compliance without the necessity of issuing citations and the taking of animals into custody for safekeeping, transport to a Humane Shelter or disposal pursuant to the terms of the Ordinance or applicable State statute.

Section 8.        FINES TO BE IMPOSED.

            Any person who violates any provision of this Ordinance shall be liable for all reasonable and customary expenses incurred by the Town resulting from the violation, including but not limited to reimbursement for food, board or disposal of the animal.  Any violation shall be fined in the amount of Twenty-five Dollars ($25.00) for the first offense, Fifty Dollars ($50.00) for the second offense and Seventy-five Dollars ($75.00) for the third offense.  Any violations in excess thereof the person shall be fined no more than Two Thousand Five Hundred Dollars ($2,500.00).  A separate fineable offense shall be deemed committed on each day that violation occurs or continues.  Any nuisance created by any animal under this Ordinance shall be enjoined or abated.

            SAID ORDINANCE IS HEREBY PASSED AND ADOPTED THIS

______  day of _______________, 2011.

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ORDINANCE  2-2011

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF NORTH SALEM

TO REGULATE TRAFFIC WITHIN THE TOWN LIMITS

            BE IT ORDAINED by the Town of North Salem, Hendricks County, Indiana, that:

             WHEREAS, the Town Council of the Town of North Salem has received numerous complaints from the citizens of the Town concerning the manner in which motorists operate their vehicles within the town;  and

             WHEREAS, the Town Council of the Town of North Salem after having studied the matter and the enforcement of existing laws and regulations, has determined that an ordinance is necessary to improve enforcement and to protect the health, safety and general well-being of the citizens of the town including the right to peaceful enjoyment of their residential properties; and

             WHEREAS, the Town Council of the Town of North Salem after having taken notice of the fiscal impact of recent changes in the tax structure within the State of Indiana which has caused a negative impact on the Town of North Salem in that the revenue generated therefrom is no longer sufficient to adequately provide the services that the citizens of the Town require.

            NOW THEREFORE, by the powers vested in the Town Council of the Town of North Salem, Hendricks County, Indiana, it is hereby ORDAINED AS FOLLOWS:

Section 1.        SAVINGS CLAUSE

            (A)       In any instance where a reference is made in the North Salem Municipal Code  Article 7 to any Indiana Code section which has since been amended, repealed or replaced, said provision of the North Salem Municipal Code shall be deemed amended to such an extent that it comports with the current Indiana Code statute then existing for governance of such violation.

            (B)       Those provisions of NSMC 1-3 that are not inconsistent herewith are hereby ratified and restated as the law within the Town of North Salem.

            (C)       Otherwise the provisions of NSMC 1-3 that are inconsistent herewith are hereby amended so as to give effect to both where possible.  In all cases the provisions of this Traffic Control Ordinance of 2011 shall control in interpreting the applicable law. 

 

Section 2.        TRAFFIC CONTROL PROVISIONS

(A)             SPEED LIMIT NSMC 7-3-1 is hereby amended pursuant to the provisions of Indiana Code 9-21-5-6 to provide that the maximum allowable speed limit on all streets and highways within the Town Limits with the exception of SR 75 and SR 236 shall hereafter be 25 miles per hour unless otherwise posted as a School, Park or Cemetery Zone.

(1)        FINES

                                    (a)        1 – 10 MPH over limit             $  50.00

                                    (b)        11 – 15 MPH over limit           $  65.00

                                    (c)        16 – 20 MPH over limit           $  75.00

                                    (d)       21 – 25 MPH over limit           $100.00

                                    (e)        26 + over limit                         $125.00

            (B)       DISREGARDING STOP SIGN

                        (1)        SAVINGS CLAUSE RE: STOP STREETS

                                    Pursuant to Indiana Code 9-21-1-3(a)(7) the provisions as set forth at NSMC 7-4-1 and 7-4-2 as they relate to the establishment of stop streets,  preferential streets, stop intersections, three-way and four way stop intersections are hereby ratified and incorporated herein by reference.

(2)        NSMC 7-4-3 regarding Violation of Stop Regulations, etc. is hereby restated and ratified with the exception of the fine which shall be $50.00 as set forth in Section 3 below.

            (C)       WRONG WAY ON ONE-WAY 

                        A vehicle shall be driven upon a roadway designated and signposted for one-way traffic only in the direction designated.

            (D)       TRACTOR TRAILER TRUCK ROUTE 

                        The maximum weights of any Tractor Trailer operated on the streets or highways within the Town other than SR 75 and SR 236 may not exceed the following limitations:

                        (1) A vehicle may not have a maximum wheel weight, unladen or with load, in excess of eight hundred (800) pounds per inch width of tire, measured between the flanges of the rim, or an axle weight in excess of twenty-two thousand four hundred (22,400) pounds.

                        (2) The total weight concentrated on the roadway surface from any tandem axle group may not exceed eighteen thousand (18,000) pounds for each axle of the assembly.

                        (3) The total gross weight, with load, in pounds of a vehicle or combination of vehicles may not exceed eighty thousand (80,000) pounds.

            (E)       NO PARKING WHERE POSTED  

                        A person may not stop, stand, or park a vehicle at any place where official signs or yellow curb striping prohibit parking.

            (F)       UNLAWFUL PARKING IN ALLEY 

                        All dedicated alleyways are designated as fire lanes within the Town limits. 

                        A person may not stop, stand, or park a vehicle in a fire lane.

            (G)       GOLF CARTS 

                        Golf carts may be driven upon the streets and highways of North Salem only on the condition that they comply with all provisions of the North Salem Ordinance pertaining thereto.

Section 3.        PENALTY PROVISION

                   Unless stated otherwise above, all violations of this Traffic Control Ordinance shall be punishable by a fine of $50.00.

Section 4.        FORM OF CITATION

 

                        In all cases, the form of the Citation to be issued for a violation of this Ordinance shall be as set forth at NSMC 1-3-13.

SAID ORDINANCE IS HEREBY PASSED AND ADOPTED THIS

______  day of _______________, 2011, and shall become effective after publication two times as by law provided.

                                                                                                                                   

                                                                                                                                   

                                                                                                                                   

                                                            (Constituting a majority of the members of

the Town Council of the Town of North Salem, Indiana)

ATTEST:

                                                           

Clerk-Treasurer for the Town of

North Salem, Indiana

(As revised for Third Reading on 8/4/11.)

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Thank  you for your attention on these matters –

 

Mike Selch – Town Council

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