Coatesville Ordinance Violation Bureau

Ordinance Description:

AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS WITHIN THE CORPORATE LIMITS OF THE TOWN OF COATESVILLE, INDIANA.

WHEREAS, the Town Council of the Town of Coatesville, Hendricks County, Indiana, is charged with protecting the publich health, safety, and welfare of its residents and visitors;

WHEREAS, the Town Council finds that the discharge of firearms within the corporate limits of the Town presents a substantial rick of injury to persons and damage to property;

WHEREAS, the Indiana General Assembly has generally preempted local regulation of firearms while expressly preserving the authority of political subdivisions to regulate the discharge of firearms within their jurisdictions,

WHEREAS, the Town Council finds that regulating the discharge of firearms, while preserving lawful activities authorized by Indiana Law, is necessary to protect the citizens of the Town of Coatesville;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COATESVILLE, INDIANA, AS FOLLOWS:

SECTION 1: PURPOSE

The purpose of this Ordinance is to promote the public health, safety, and welfare by regulating the discharge of firearms within the corporate limits of the Town of Coatesville wile recognizing lawful uses permitted under Indiana law.

SECTION 2: DEFINITIONS

A: Firearm. "Firearm" means any weapon capable of expelling, designed to expel, or that may readily be converted to expel, a projectile by means of an explosion.

B: Discharge. "Discharge" means firing, shooting, or otherwise causing a projectile to be expelled from a firearm.

C: Town Limits: "Town Limits" means all property located within the corporate boundaries of the Town of Coatesville, Indiana, as presently existing or hereafter amended.

SECTION 3: PROHIBITION

Except as expressly provided in this Ordinance or otherwise authorized by Indiana law, no person shall knowingly or intentionally discharge a firearm within the Town Limits of the Town of Coatesville.

SECTON 4; EXCEPTIONS

A law enforcement officer, correctional officer, animal control officer. or member of the armed forces acting within the scope of official duties.

1. A person lawfully acting in delf-defense, defense of another person, or defense of property as authorized by Indiana law.

2. The lawful discharge of a firearm at any lawfully operated shooting range or facility authorized by applicable law.

3. Military Honors, funeral honors, ceremonial salutes, historical reenactments, or other ceremonial or civic events specifically approved in advance by the Town Council.

4. the lawful euthanizationof an animal, the lawful protection of persons or livestock as authorized by Indiana law, or humane destruction of injured wildlife as otherwise authorized by law.

5. Any other discharge expressly authorized by Indiana law.

SECTION 5: ENFORCEMENT AND PENALTIES

A. Any person violating this Ordinance commits an ordinance violation.

B. For a first violation, the Town may impose a civil penalty of not more than Two Hundred Dollars ($200.00), together with any costs authorized by law. For each subsequent violation, the Town may impose a civil penalty of not more than Two Thousand Five Hundred Dollars *$2,500.00), together with any costs authorized by law.

C. Each individual discharge of a firearm violation of this Ordinance constitutes a separate and distinct violation.

D. The remedies provided by this Ordinance are cumulative.

E. The Town may seek temporary, preliminary, or permanent injunctive relief to prevent continuing violations of this Ordinance.

F. A violation may be enforced by citation, ordinance violation action, or any other lawful civil enforcement procedure.

SECTION 6: SEVERABILITY

If any provision is held invalid, the remaining provision remain in effect.

SECTION 7: CONSTRUCTION

Nothing in this Ordinance shall be interpreted as regulating firearm ownership, possession, transportation, transfer, sale, purchase, licensing, registration, or carrying except to the extent expressly authorized by Indiana law. Nothing in this Ordinance is intended to prohibit conduct expressly protected or authorized under Indiana law.

SECTION 8. REPEALER

All conflicting ordinances are repealed to the extent of the conflict.

SECTION 8. EFFECTIVE DATE

This Ordinance shall become effective upon adoption, approval, and publication as required by Indiana law.

Ordinance Description:

WHEREAS, the Town Council of the Town of Coatesville, ("Town")  is a munipical corporation organized and existing under the laws of the State of Indiana.

WHEREAS, pursuant to Indiana law, a municipality possesses all powers necessary or desirable in the conduct of its affairs, even though not expressly granted by statute, except as expressly denied by the Constitution or laws of the State of Indiana;

WHEREAS, the Town Council has a continuing duty to protect the public health, safety, welfare, comfort, convenience, and quality of life of the residents, businesses, and visitors of the Town;

WHEREAS, the Town Council finds that the illegal dumping, littering, abandonment, accumulation, and improper disposal of solid waste upon public or private property constitute public nuisances that adversely affect the health, safety, and welfare of the community;

WHEREAS, illegally discarded waste may contaminate streams, drainage ditches, storm sewers, groundwater, and other natural resources; obstruct drainage systems; inrease flooding; create fire hazards; attract rodents, insects, snakes, and other disease vectors; create offensive odors; and endanger persons using public streets, sidewalks, parks, and other publiac areas;

WHEREAS, illegal dumping negatively impacts property valus, discourages economic development, increases municipal maintenance costs, interferes with the peaceful use and enjoyment of public and private property, and creates unnecessary burdens upon taxpayers;

WHEREAS, the Town Council finds that prompt removal of illegally dumped materials protects public infrastructure, reduces environmental harm, promotes community appearance, and preserves the health, safety, and welfare of the citizens f the Town; 

WHEREAS, nothing contained in this Ordinance is intended to conflict with or supercede any provision of Indiana law or any rule or regulation adopted by the Indiana Department of Environmental Management and any other government agency, but instead is intended to supplement existing state law through the exercise of the Town's lawful police powers and civil enforcement authority,

WHEREAS, the Town Council further finds that providing civil remedies, cost recovery, nuisance abatement procedures, and equitable reflief for violations of this Ordinance serves an important governmental purpose and encourages compliance without unnecessailty elying upon criminal prosecution;

WHEREAS,  the Town Council further finds the the innocent property owners should not be penalized solely because an unkn own third party illegally deposits waste upon their property, but that property owners who knowingly authorize, permit, or maintaint illegal dumping should be required to abate pulic nuisances existing upon their property;

WHEREAS, the Town Council further finds that effective enforcement requires the authority to investigate violations, issue notice of violation, require cleanup, recover cleanup costs, seek injunctive relief, and impose reasonable civil penalties sufficient to deter future violations;

WHEREAS, the Town Council further finds that the provisions of this Ordinance are reasonable, necessary, narrowly tailored to accomplish legitimate governmental purposes, and constitute a proper exercise of the Town's police powers under Indiana law;

NOW. THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COATESVILLE, INDIANA, AS FOLLOWS:

ARTICLE 1 - DEFINITIONS

Section 1.01. Purpose

The definintions contained in this Article govern  the interpretation and enforcement of this Ordinance unless the context clearly requires otherwise. Words used in thesingular include the plural and vice versa.

Section 1.02. Accumulate or Accumulation

The collectins, depositing, storing, piling, or allowing the continued presence of Solid Waste upon real property in a manner prohibited by this Ordinance or applicable law. Temporary placement in a lawful Waste COntainer pending collection is not an accumulation.

Section 1.03. Authorized Disposal Facility

Any landfill, transfer station, recycling facility, composting facility, or other site lawfully authorized to receive the applicable waste.

Section 1.04. Construction and Demolition Debris

Discarded material generated from construction, remodeling, repair, alteration, or demolition of structures, including lumber, drywall, roofing, siding, concrete, brick, asphalt, flooring, cabinets, doors, windows, plumbing, electrical materials, insulation, fencing, pallets, and similar building materials.

Section 1.05. Dispose or Disposal

The placement, deposit, discharge, dumping, abandonment, release, burial, or other final disposition of Solid Waste.

Section 1.06. Dump or Dumping

To  throw, place, deposit, discharge, abandon, release, spill, unload, scatter, bury, or otherwise dispose of Solid Waste in violation of this Ordinance.

Section 1.07. Electronic Waste

Discarded electronic devices including computers, televisions, printers, monitors, telephones, tablets, batteries, and similar equipment.

Section 1.08. Fill Material

Clean soil, sand, gravel, stone, or similar uncontaminated material lawfully used to alter the grade or elevation of land. The term does not include Solid Waste ormaterial prohibited by law.

Section 1.09. Garbage

Putrescible animal or vegetable waste resulting from handling, preparation, cooking, serving, or consumption of food.

Section 1.10. Hazardous Waste

Any waste designated as hazardous under applicable federal or Indiana law.

Section 1.11. Illiegal Dumping

The disposal, placement, abandonment, accumulation, or maintenance of Solid Waste in violation of this Ordinance or applicable law.

Section 1.12. Inert Solid Waste

Uncontaminated earth, rock, concrete, brick, natural stone, cereamic tile, uncontaminated asphalt, and untreated natural wood that do not undergo physical, chemincal, or biological decomposition. Inert Solid Waste does not include garbage.household waste, hazardous waste, electronic waste, tires, painted or treated wood, drywall, roofing materials, insulation, plumbing materials, or any material prohibited by law. Nothing in this definition authorizes disposal except as otherwise permitted by this Ordinance and applicable law.

Section 1.13. Litter

Discarded Paper, bottles, cans, wrappers, cigarette butts, packaging, food containers, plastics, or similar discarded materials not placed in a lawful Waste Container.

Section 1.14. Open Dump

Any location where Solid Waste is deposited, discarded, accumulated, or maintained other than an Authorized Disposal Facility or another location expressly authorized by law.

Section 1.15. Occupant

Any person occupying, possessing, leasing, managing, controlling, or otherwise exercising dominion over real property.

Section 1.16. Owner

Any person holding legal or equitable title or an ownership interest in real property according to county records.

Section 1.17. Person

Any individual, partnership, corporation, limited liability company, association, trust, estate, governmental entity, contractor, subcontractor, or other legal entity. Persons acting together may be jointly and severally liable.

Section 1.18. Private Property

Any real property that is not Public Property.

Section 1.19. Public Nuisance

Any condition resulting from unlawful accumulation, dumping, storage, or disposal of Solid Waste that endangers health or safety, creates environmental contamination, obstructs drainage, attracts vermin, creates odors or fire hazards, or substantially interferes with the enjoyment of life or property.

Section 1.20. Public Property

Property owned, leased, maintained, controlled, of dedicated to a governmental entity, including streets, alleys, sidewalks, parks, trails, rights-of-way, drainage easements, utility easements, stormwater facilities, parking lots, and public buildings.

Section 1.21. Recyclable Material

Material intended for lawful recycling through an authorized  recycling facility.

Section 1.22. Solid Waste

"Solid Waste" shall have the meaning set forth in applicable Indiana law, as amended from time to time, and shall include, without limitation, garbage, refuse, rubbish, litter, construction and demonlition debris, yard waste, furniture, mattresses, applicances, tires, scrap metal, Electronic Waste, household waste, commercial waste, abandoned personal property, and other discarded materials regulated by this Ordinance.

Section 1.23  Storage

Temporary placement of Solid Waste in a lawful Waste Container pending lawful collection.

Section 1.24. Town

The Town of Coatesville, Indiana.

Section 1.25. Waste Container

A durable container designed for temporary storage of Solid Waste pending lawful collection of disposal.

Section 1.26. Watercourse

Any creek, stream, river, ditch, storm sewer, stormwater conveyance, drainage channel, retention basin, detention basin, wetland, pond, or other natural or artificial water conveyance.

Section 1.27. Interpretation

Undefined terms shall have their ordinary meaning or the meaning assigned by applicable Indiana law where consistent with this Ordinance.

ARTICLE II - PROHIBITED ACTS

Section 2.01. General Prohibition

No Person shall knowingly, intentionally, recklessly, or negligently violate this Ordinance. No Person shall cause, direct, authorize, aid, abet, encourage, assist, permit, or knowingly transport Solid Waste for unlawful disposal.

Section 2.02. Illegal Dumping

No Person shall dump Solid Waste upon Public Property except as authorized by law. No Person shall dump Solid Waste upon Private Property in violation of this Ordinance, Indiana law, or federal law. Consent of an owner or occupant is not a defense if disposal is otherwise unlawful. No Person shall establish or maintain an Open Dump. Solid Waste shall be disposed of only through lawful collection orat an Authorized Disposal Facility.

Section 2.03. Watercourse and Drainage Facilities

No Person shall dump Solid Waste into or upon any creek, stream, river, ditch, storm sewer, drainage facility, retention basin, detention basin, wetland, pond, drainage easement, or other Watercourse.

Section 2.04. Streets, Right-of-Way, and Public Areas

No Person shall dump or accumulate Solid Waste upon streets, sidewalks, alleys, parks, trails, public parking lots, public buildings, rights-of-way, municipal property, or other Public Property.

Section 2.05. COnstruction and Demolition Debris

Construction and Demolition Debris shall be disposed of only at an Authorized Disposal Facility or another location authorized by law.

Section 2.06. Concealment

No Person shall conceal legally dumped Solid Waste to avoid detection or enforcement.

Section 2.07. Contracting for Illegal Dumping

Persons directing, financing, authorizing, encouraging, or benefitting from illegal dumping are jointly and severally liable.

Section 2.08. Responsibility of Owners and Occupants

Owners and Occupants shall not knowingly maintain or permit an Open Dump. Innocent owners are not liable solely because another dumped waste without their knowledge or consecnt but shall cooperate with the Town after notice.

Section 2.09. Duty to Secure Loads

Loads of Solid Waste shall be secured to prevent escape.

Section 2.10. Continuing Violations

Each dumping event, each load, and each day after the compliance deadine constitutes a separate violation. Remedies are cummulative.

Section 2.11. Unauthorized Placement for Municipal Collection

No Person shall place Solid Waste on Public Property for Town collection unless expressly authorized.

ARTICLE III. PROPERTY OWNER RESPONSIBILITIES AND PROTECTIONS

Section 3.01. Purpose

The purpose of this Article is to establish the responsibilities of Owners and Occupants regardng the unlawful dumping, accumulation, and disposal, of Solid Waste while protecting innocent property owners from liabliity for the unlawful acts or others. Nothing in this Article shall be construed to authorize the unlawful disposal of Solid Waste or to limit the Town's authority to abate a public nuisance or otherwise enforce this Ordinance.

Section 3.02. General Duty

Every Owner and Occupant shall exercise reasonable care to prevent the unlawful dumping, accumulation, or disposal of Solid Waste upon property owned or occupied by that Person. Nothing in this Section requires continuous monitoring of property or creates strict iability for the unlawful conduct of another person.

Section 3.03. Prohibited Conduct by Owners and Occupants

No Owner or Occupant shal knowingly establish, create, maintain, or operate an Open Dump,; dump or dispose of Solid Waste in violation of this Ordinance; authorize, direct, encourage, permit, or allow another Person to violate this Ordinance; allow an unlawful accumulation of Solid Waste to remain after notice and failure to comply; or interfere with the Town's lawful invesitgation or abatement efforts.

Section 3.04. Innocent Property Owners

An Owner or Occupant shall not be responsible solely because another Person unlawfully dumped Solida Waste upon the property without the Owner's or Occupant's knowledge, authorization, participation, or consent. The Town shall have the burden of proving a knowing violation before civil penalties are imposed. Nothing herein limits the Town's authority to require abatement or recover costs to the extent authorized by Indiana law. 

Secrion 3.05. Duty to Cooperate

Upon receiving written notice from the Town, an Owner or Occupant shall cooperate in the Town's investigation by permitting lawful access, p;reserving reasonably available evidence, providing information reasonably known concerning the identity of the  responsible Person, and taking reasonable steps to prevent additional unlawful dumping. Failure to identify the responsible Person shall not constitute a violation if the Owner or Occupant has acted in good faith.

Section 3.06. Duty to Abate

If the Town determines that unlawfully deposited Sold Waste constitutes a Public Nuisance, the Town may require the Owner or Occupant to remove, remediate, or otherwise lawfully abate the nuisance within the time specificed in a Notice of Violation, to the extent authorized by Indiana law. Compliance with a Notice of Violation shall not constitute an admission that the Owner or Occupant caused or authorized the unlawful dumping. Nothing in this Section limits the right of an Owner or Occupant to seek  reimbursement, contribution, indemnification, or any other remedy available under Indiana law against the Person or Persons responsible for the unlawful dumping.

Section 3.07. Voluntary Cleanup Agreements

In lieu of immediate enforcement, the Town may enter into a written Voluntary Cleanup Agreement with an Owner or Occupant establishing a reasonable schedule for the lawful removal, remediation, or disposal of unlawfully deposited Solid Waste. The agreement may include deadlines, inspection rights, and other reasonable conditions. Compliance with a Voluntary Cleanup Agreement shall satisfy the Owner's or Occupant's obligations under the agreement unless the Owner or Occupant materially defaults. Nothing in this Section limits the Town's authority to pursue any remedy authorized by law upon a material default.

Section 3.08. Recovery from Responsible Persons

Nothing in this Ordinance prevents an Owner or Occupant from pursuing any civil or equitable remedy available under Indiana law against the Person responsible for unlawfully dumping Solid Waste, including recovery of cleanup costs, damages, attorney's fees where authorized by law, and any other available relief.

Section 3.09. Emergency Conditions

If the Town determines that unlawfully deposited Solid Waste presents an imminent threat to public health, safety, or the environment, the Town may immediately remove, contain, stablilize, or otherwise abate the condition as authorized by law. Emergency action shall not relieve any responsible Person of liabilty for cleanup costs, civil penalties, or other remedies.

Section 3.10. No Limitation of Other Authority

The provisions of this Article are cumulative and do not limit the authority of the Town of Coatesville, IDEM, the Hendricks County Health Department, any law enforcement agency, or any court of competent jurisdiction to enforce applicable law.

ARTICLE IV.  INVESTIGATION AND INSPECTION

Section 4.01. Enforcement Officials

The provisions of this Ordinance shall be administered and enforced by the Town Council, Clerk-Treasurer, Town Marshal, or any other employee or official designated by the Town Council to administer and enforce this Ordinance (collectively, the "Enforcement Official"). Nothing in this Ordinance limits the authority of any law enforcement officer acting within the scope of the officers lawful duties.

Section 4.02. Authority to Investigate

Whenever an Enforcement Official has reasonable grounds to believe that a violation of this Ordinance exists or has occurred, the Enforcement Official may investigate the alleged violation. Such investigation may include lawful inspections from public places, witness interviews, collection of physical evidence, publicly available records, voluntary provided documents, and coordination with other governmental agencies.

Section 4.03. Evidence

In conducting an investigation, an Enforcement Official may document conditions through photographs, video recordings, measurements, maps, diagrams, GPS Coordinates, lawfully obtained drone imagery, witness statements, business records, utility records lawfully obtained, receipts, invoices, shipping labels, addressed mail, vehicle registration information lawfully obtained, license plate information lawfully obtained, and any other competent evidence admissible under Indiana law.

Section 4.04. Entry Upon Property

Nothing in this Ordinance authorizes entry upon private property except with the consent of the Owner or Occupant, pusuant to an administrative inspection warrant, judicial warrant, other lawful court order, or under circumstances otherwise authorized by Indiana or federal law.

Section 4.05. Public Observations

An Enforcement Official may observe, photograph, and document conditions visible from any public street, sidewalk, alley, park, right-of-way, or other location where the official is lawfully present. No warrant is required for observations made from a lawful public vantage point.

Section 4.06. Coordination with Other Agencies

Nothing in this Ordinance prevents joint investigations with the Indiana Department of Environmental Management, Hendricks County Health Department, Hendricks County Sheriff's Office, Indiana State Police, Indiana Department of Natural Resources, or any other governmental agency.

ARTICLE V - ADMINISTRATIVE INSPECTION WARRANTS

Section 5.01. Purpose

The Town recognizes that the United States Constitution and the Indiana Constitution protect against unreasonable searches. Inspections of private property shall therefore be conducted in a lawful manner consistent with constitutional requirements.

Section 5.02. Consent

Whenever practical, an Enforcement Official shall first request consent from the Owner or Occupant before entering  private property.

Section 5.03. Administraive Inspection Warrant

If consent is denied or cannot reasonably be obtained, and the Enforcement Official has reasonable grounds to believe that a violation of this Ordinance exists, the Town may apply to a court or competent jurisdiction for an administrative inspection warrant pursuant to Indiana Code 36-7-9-16, to the extent applicable, or any successor statute, or for any other lawful order authorizing entry upon the property. The application may be supported by affidavits, photographs, witness statements, complaints, or other competent evidence sufficient to satisfy the applicable legal stabndard for issuance of he warrant or order.

Section  5.04. Execution

Any administrative inspection warrant shall be executed in accordance with its terms and applicable Indiana law. The inspection shall be llimited to the purposes authorized by the warrant or order.

Section 5.05. Emergency Entry

Nothing in this Ordinance  prohibits entry without a warrant when immediate action is necessary to protect life, prevent serious bodily injury, address an imminent threat to public safety, or when otherwise authorized by law.

ARTICLE VI - NOTICE OF VIOLATIONS AND EMERGENCY ABATEMENT

Section 6.01. Purpose

The purpose of this Article is to establish fair and efficient procedures for providing notice of violations, allowing voluntary compliance whenever practical, protecting due process rights, and authorizing emergency action when necessary to protect the public health, safety, or welfare. Nothing in this Article limits the Town's authority to seek any other remedy authorized by this Ordinance or Indiana law.

Section 6.02. Noticve of Violation

Whenever an Emforcement Official determines that a violation exists, the Town may issues a written Notice of Violation. Issuance of a Notice is not a prerequisite to emergency action authorized by this Ordinance or Indiana law.

Section 6.03. Contents of Notice

A Notice of Violation shall substantially include the responsible party, property, description of the violation, ordinance citation, corrective action required, compliance, deadline, appeal rights, and notice of potential penalties and remedies. Minor defects shall not invalidate enforcement if the notice substantially complies with this Section.

Section 6.04. Service of Notice

Notice may be served personally, by certified mail, first-class mail, posting on the property, or by any other method reasonably calculated to provide actual notice consistent with due process.

Section 6.05. Time for Compliance

Unless an emergency exists, the Notice shall allow not less that ten (10) calendar days for compliance. The Enforcement Official may extend the compliance period for good cause.

Section 6.06. Voluntary Compliance

The Town may resolve violations through voluntary compliance, education, or a Voluntary Cleanup Agreement. Acceptance of voluntary compliance does not waive future enforcement.

Section 6.07. Failure to Comply

Upon failure to comply, the Town may issue citations, seek civil penalties, abate the violation, recover costs, seek injunctive relief, record any lien authorized by Indiana law, and pursue any other lawful remedy. Remedies are cumulative.

Section 6.08. Emergency Abatement

If a violaton presents an imminent threat to public health, safety, the environment, municipal infrastructure, or public property, the Town may, to the extent authorized by Indiana law, immediately enter upon property and take reasonable action to remove, stabilize, contain, secure, or otherwise abate the condition without prior notice.

Section 6.09. Notice Following Emergency Abatement

As soon as reasonaby practicable after emergency action, The Town shall provide written notice describing the emergency condition, actions taken, costs incurred, and the right to contest the assessment of costs. Failure to provide immediate notice shall not invalidate otherwise lawful emergency action.

Section 6.10. Recovery of Emergency Costs

Responsible persons are liable for employee wages, equipment, contractor charges, disposal costs, landfill fees, environmental testing, administrative expenses, court costs, attorney's fees where authorized by Indiana law. and any other recoverable costs.

Section 6.11. Reservation of Rights

Nothing in this article prevents criminal prosecution, limits other govenmental authority, waives Town immunities, or creates a private cause of action against the Town.

Section 6.12. Stop Work and Cleanup Orders

Whenever an Enforcement Official has reasonable grounds to believe that a Person is actively engaged in illegal dumping or other conduct prohibited by this Ordinance, the Enforcement Official may issue a written Stop Work and Cleanup Order directing the person to: (A) immediatey cease the unlawful activity; (B) secure the site to prevent further violations; (C) remove or relocate vehicles, eqauipment, containers, or materials as reasonably necessary to protect public health or safety; (D) implement temporary erosion control, drainage protection, containment, or other reasonable measures to  prevent additional envionmental harm; and (E) undertake such corrective actions as are reasonably necessary to achieve compliance with this Ordinance. Failure to comply with a Stop Work and Cleanup Order constitutes a separate violation of this Ordinance and does not limit the Town's authority to seek emergency abatement, injunctive relief, civil penalties, or any other remedy authorized by law.

ARTICLE VII - CIVIL ENFORCEMENT, PENALITIES, COST RECOVERY, APPEALS, AND JUDICIAL REMEDIES

Section 7.01. Purpose

The purpose of this Article is to establish fair, uniform, and effective procedures for enforcing this Ordinance, recovering costs incurred by the Town, protecting the due process rights of affected persons, and providing appropriate civil remedies to deter future violatons. The remedies provided by this Article are cumulative and shall be liberally construed to protect the public health, safety, welfare, and environment.

Section 7.02. Civil Violations

Any Person violating this Ordinance commits an ordinance violation subject to civil enforcement.

Section 7.03. Civil Penalties

Upon a finding of a violation, the Town may assess a civil penalty of up to $250 for a first violation, up to $1000 for a second violation, and up to $2,500 for a third and each subsequent violation. In determining the amount, the Town may consider the severity of the violation, intent, environmental impact, risk to public health or safety, prior violations, good-faith efforts to comply, any economic benefit obtained through noncompliance, and any other equitable factor.

Section 7.04. Continuing Violations

Each dumping event, such as vehicle load, and each day a violation continues after the compliance deadline constitutes a separate violation. This Section does not limit recovery or cleanup costs.

Section 7.05. Administrative Costs

In addition to civil penalties, the Town may recover reasonable employee wages, overtime, equipment costs, contractor expense, engineering, environmental consulting, laboratory testing, disposal costs, landfill fees, administrative expenses, recording fees, court costs, attorney's fees where authorized by Indiana law, and any other costs recoverable by law.

Section 7.06. Administrative Hearing

A Person receiving a Notice of Violation may request a written administrative hearing before the Town Council or a hearing officer designated by the Town Council within ten (10) calendar days after service. Failure to timely request a hearing constitutes a waiver.

Section 7.07. Hearing Procedure

The hearing officer may receive testimony and documentary evidence, administer oaths, continue  hearings for good cause, and issue subpoenas if authorized by law. Formal rules of evidence do not apply.

Section 7.08. Burden of Proof

The Town bears the burden of proving a violation by a preponderance of the evidence. Rebuttable presumptions established elsewhere in this Ordinance remain applicable.

Section 7.09. Administrative Decision

Following the hearing, the hearing officer shall issue written findings of fact, conclusions, penalties, cleanup requirements, cost recovery deteminations, and notice of appeal rights.

Section 7.10. Judicial Review

Any person aggrieved by a final administrative determination may seek judicial review as provided by Indnana law.

Section 7.11. Collection of Unpaid Amounts

A. The Town may recover unpaid civil penalties, cleanup costs, administrative costs, emergency abatement costs, and other amount lawfully assessed under this Ordinance through any remedy authorized by Indiana law.

B. To the extent authorized by Indiana Code 36-1-6-2 or any successor statute, costs incurred by the Town in bringing real property into compliance with this Ordinance, including administrative costs and removal costs, may constitute a lien against the affected property.

C. Any lien authorized by law may be recorded with the Hendricks County Recorder and enforced in the manner provided by Indiana law.

D. After a lien has been properly recorded and all statutory requirements have been satisfied, the Town may certify the lien for placement upon the county tax duplicate and collection in the same manner as delinquent property taxes, to the extent authorized by Indiana law.

E. Nothing in this Ordinance shall be construed to authorize the placement of civil penalties upon the tax duplicate except where expressedly authorized by Indiana law.

F. The remedies provided by this Section are cumulative and do not preclude the Town from obtaining a civil judgement or pursuing any other lawful collection remedy.

Section 7.12. Injunctive Relief

The Town may seek temporary retraining orders, preliminary injunctions, permanent injunctions, and mandatory injunctions requiring cleanup. Availability of injunctive relief does not depend upon the adequacy of another remedy.

Section 7.13. Public Nuisance

Any violaton of this OIrdinance constitutes a public nuisance. The Town may seek nuisance abatement, damages, cleanup costs, and equitable relief.

Section 7.14. Criminal Referral

Nothing in this Ordinance prevents referral to law enforcement, IDEM, the Hendricks County Health Department, the Hendrics County Prosecutor, or any other governmental agency having jurisdiction.

Section 7.15. Cumulative Remedies

All remedies provided by this Ordinane, Indiana law, federal law, common law, and equity are cumulative.

Section 7.16. No Waiver

Failure to enforce any provision or delay in enforcement shall not constitute a waiver or create vested rights or estoppel against the Town except as provided by law.

Section 7.17. Settlement Autority

The Town Council or its designated representative may approve written settlement agreements resolving violations, including cleanup deadlines, payment schedules, reduced penalties conditioned on compliance, environmental restoration, monitoring, and other applicable terms. Material breach permits the Town to puruse any lawful remedy.

ARTICLE VIII - CONTINUING VIOLATIONS

Section 8.01. Separate Violations

Each act of unlawful dumping or disposal of Solid Waste constitutes a separate violation of this Ordinance. Each separate location at which Solid Waste is unlawfully deposited constitutes a separate violation.

Section 8.02. Continuing Violations

Whenever a violation continues after expiration of the time allowed for compliance in a Notice of Violation, each calendar day the violation continues constitutes a separate violation. The Town may assess civil penalties for each continuing violation in addition to any other remedy authorized by this Ordinance or Indiana law.

Section 8.03. Continuing Public Nuisance

Any unlawful accumulation of Solid Waste remaining after expiration of the compliance period constitutes a continuing Public Nuisance until lawfully abated. Nothing in this Section limits the Town's authority to perform emergency abatement or recover costs.

Section 8.04. Multiple Respoinsible Persons

Whenever more that one Person participates in, directs, authorizes, finances, transports, maintains, or otherwise contributes to a violation, each Person may be held jointly and severably liable. The Town may pursue enforcement against one or more responsible Persons without first proceeding against every responsible Person.

Section 8.05. Effect of Partial Compliance

Partial cleanup or partial compliance does not constitute full compliance unless the Enforcement Official determines the violation has been completely corrected. Acceptance of partial compliance does not waive the Town's right to pursue additional enforcement.

Section 8.06. Cumulative Violations

The existence of one violation does not prevent the Town from citing additional violations arising from the same conduct. Multiple violations may be alleged within a single Notice of Violation or addressed through separate enforcement actions.

ARTICLE IX - ADMINISTRATI VE APPEALS

Section 9.01. Right to Appeal

Any Person receiving a Notice of Violation, Stop Work and Cleanup Order, Emergency Cost Assessment, Civil Penalty Assessment, or other final administratve determination under this Ordinance may appeal in accordance with this Article.

Section 9.02. Filing an Appeal

An appeal shall be in writing, state the grounds for appeal, be filed with the Town Clerk-Treasurer, and be received within ten (10) calendar days after service of the determination. Failure to timely file an appeal constitutes a waiver of administrative review.

Section 9.03. Stay of Enforcement

The timely filing of an appeal stays further administrative enforcement until a final administrative decision is issued, except that it does not stay emergency abatement, emergency orders, or temporary protective measures necessary to protect public health or safety.

Section 9.04. Hearing Officer

Appeals shall be heard by the Town Council or an independent Hearing Officer appointed by the Town Council by resolution.

Section 9.05. Scheduling

The hearing shall be scheduled within thirty (30) days after receipt of the appeal unless continued for good cause. The Hearing Officer shall provide not less than ten (10) calendar days' written notice of the date, time, and location of the hearing unless waived by the appellant.

Section 9.06. Hearing Procedures

The Hearing Officer may administer oaths, receive testimony and documentary evidence, issue subpoenas when authorized by law, continue hearings, and regulate presentation of evidence. Formal rules of evidence do not apply, although irrelvant, immaterial, priviledged, or unduly repetitive evidence may be excluded.

Section 9.07. Burden of Proof

The Town bears the burden of proving the alledged violation by a preponderance of the evidence. Rebuttable presumptions established elsewhere in this Ordinance remain applicable

Section 9.08. Decision

Within fifteen (15) days after the conclusion of the hearing, the Hearing Officer shall issue a written decision contacting findings of fact, conclusions of law, determinations of liability, civil penalties, cleanup requirements, costs assessments, and notice of judicial review rights.

Section 9.09. Judicial Review

A Person aggrieved by the final administrative decision may seek judical review in accordance with Indiana law.

Section 9.10. Finality

If no appeal is timely filed, the Notice of Violation, Civil Penalty Assessment, Cost Assessment, or other administrative determination becomes final and enforceable.

ARTICLE X - INJUNCTIVE RELIEF

Section 10.01. Purpose

The purpose of this Article is to preserve the Town's authority to seek equitable relief to prevent, restrain, remediate, and abate violations of this Ordinance and to protect the public health, safety, welfare, and environment

Section 10.02. Authority to Seek Injunctive Relief

In addition to any other remedy provided by this Ordinance or Indiana law, the Town may commence an action in a court of competent jurisdiction seeking temporary restraining orders, preliminary injunctions, permanent injunctions, mandatory injunctions requiring cleanup and restoration, or any other equitable relief necessary to prevent, restrain, remove, remediate, or abate violations of this Ordeinance of any Public Nuisance arising therefrom.

Section 10.03. No Election of Remedies

The Town's decision to seek injunctive relief shall not preclude the Town from pursuing civil penalties, cost recovery, nuisance abatement, administrative enforcement, emergency abatement, or any other remedy authorized by this Ordinance or Indiana law. All remedies are cumulative.

Section 10.04. Immediate Threats

When an Enforcement Official reasonably determines that a violation presents an imminent threat to public health, safety, the environment, of municipal infrastructure, the Town may seek emergency equitable relief without first exhausting administrative remedies, to the extent authorized by Indiana law.

Section 10.05. Construction

Nothing in this Article enlarges or limits the authority of a court of competent jurisdiction or the Town beyond that authorized by Indiana law.

ARTICLE X1 - CRIMINAL REFERRAL AND INTERGOVERNMENTAL COOPERATION

Section 11.01. Purpose

The purpose of this Artile is to clarifty that enforcement of this Ordinance is cumulative and does not preclude criminal investigation or prosecution under applicable law.

Section 11.02. Concurrent Proceedings

The commencement of pendency of a crimial investigation or prosecution shall not prevent the Town from pursuing civil enforcement, administrative proceedings, imjunctive relief, nuisance abatement, cost revoery, or any other lawful remedy. Likewise, civil or administrative enforcement shall not preclude criminal prosecution where authorized by law.

ARTICLE XII - MISCELLANEOUS PROVISIONS

Section 12.01. Severability

If any section, subsection, sentence, clause, phrase, or provision of this Ordinance, or its application to any person or circumstance, is held invaid or unconstitutional by a court of competent jusrisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.

Section 12.02. Section does not exist

Section 12.03. Repealer

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed only to the extent of such conflict. Nothing contained herein shall revive any ordinances previously repealed or impair any right, liability, penalty, or proceeding that accrued before the effective date of this Ordinance.

Section 12.04. Effective Date

This Ordinance shall take effect upoin its adoption by the Town Council, approval by the Town Council President, publication in accordance with Indiana law.

Ordinance Description: 

ARTICLE I: GENERAL PROVISIONS

__________________________________________________________________________

Authority and Purpose

Pursuant to the authority granted by Indiana Code 9-22-1 et seq., this ordinance establishes procedures and standards for the identification, removal, storage, and disposal of abandoned and junk vehicles located in the Town of Coatesville. Abandoned vehicles are declared a public nuisance affecting public health and safety.

__________________________________________________________________________

ARTICLE II. DEFINITONS

Definitions

For purposes of this ordinance, the following terms apply:

• Abandoned Vehicle: Includes but is not limited to the following vehicles:

1. Located illegally on public property;

2. Unmoved on public property for 72 hours;

3. Creating a hazard or obstruction in a public right-of-way;

4. Left on private property without consent for more than 48 hours;

5. Partially dismantled or inoperable on public property;

6. Not claimed within 15 days of impoundment by a towing service;

7. At least 3 model years old, mechanically inoperable, and left on private property visible from public property for over 20 days.

• Junk Vehicle: A vehicle without a current license plate and not housed in a garage or other building.

• Other terms such a Towing Service, Automobile Scrap Yard, Public Property, Private Property, Officer, Storage Yard, and Vehicle shall have the meanings assigned under Indiana Code 9-13-2 et seq.

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ARTICLE III. NUISANCE AND EXCEPTIONS

Nuisance Declared

All abandoned and junk vehicles within the Town of Coatesville are hereby declared a public nuisance. Such vehicles may be abated as described in this ordinance.

Exemptions:

This ordinance shall not apply to:

• Licensed junk yards or auto sales lots;

• Antique or historic vehicles registered under I.C. 9-18.5-34;

• Vehicles belonging to active-duty military personnel;

• Vehicles specifically adapted for private raceways;

• Golf carts or off-road vehicles as defined by Indiana law.

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ARTICLE IV. ENFORCEMENT AND REMOVAL PROCEDURES

Tagging and Notice

(A)  An officer who identifies a vehicle as abandoned shall tag the vehicle with a notice stating:

1. The date and time of tagging;

2. That the vehicle is considered abandoned;

3. That it will be removed after 72 hours (or 24 hours on highways designated under I.C. 8-23-4);

4. That removal, storage, and disposal costs will be assessed to the owner;

5. The officer's name and contact information.

(B)  For vehicle on private property without consent, the owner of the premises may:

1. Contact the Town Marshal for removal of a vehicle that has been left on the property for at least forty-eight (48) hours without the consent of the person who owns or controls the property.

2. Affix a 24-hour private property notice and arrange private towing (subject to emergency exception per I.C. 9-22-1-16).

Vehicle Reports and Storage

Following the expiration of the notice period:

• An officer shall complete an abandoned vehicle report with photographs and condition description;

• The vehicle shall be transferred to an authorized storage yard;

• If the vehicle's fair market value is less than $750.00, it may be disposed of 30 days after removal under I.C. 9-22-1-13(a).

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ARTICLE V. DISPOSAL AND VALUATION

Market Value Threshold

Pursuant to I.C. 9-22-1 et. seq., the Town of Coatesville hereby sets the disposal threshold market value at $750.00. Vehicles below this value may be demolished or transferred to a scrap yard after 30 days without title proceedings.

Bureau Notification

Within 72 hours of removal, the officer or towing company shall:

• Submit an abandoned vehicle report to the Indiana BMV;

• Request ownership and lienholder data from the National Motor Vehicle Title Information System or other approved databases;

• Notify owners and lienholders within 3 business days or receipt of data by certified mail or electronic notice.

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ARTICLE VI. PENALTIES, FEES, AND FUNDING

Penalties

Any owner of an abandoned or junk vehicle shall be liable for a civil penalty of $50.00 to $100.00 per violation, with each day constituting a separate offense.

Fees and Charges

• Towing,  storage, and disposal fees shall reflect the Town's actual costs plus a $15.00 administrative handling fee.

• Storage fees shall not exceed;

        -  $2,000.00 for vehicles not greater than 30 feet;

        -  $2,500.00 for vehicles at least 30 feet;

Abandoned Vehicle Fund

The Town hereby creates an Abandoned Vehicle Fund to receive proceeds from:

• Civil Penalties;

• Towing and storage reimbursement;

• Sale of vehicles under this ordinance.

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ARTICLE VII. MISCELLANEOUS

Release of Vehicle

A vehicle may be released to the identified owner or lienholder if:

• All costs and allowable fees are paid;

• The person provides proper identifications;

• The towing service is notified and provides a receipt per I.C. 24-14-5.

Payment methods shall include:

• Cash, certified check, money order, insurance check, and optionally credit or debit card.

Town Contracting

The Town may contract with licensed towing services and storage yards for enforcement, removal, and disposition under this ordinance.

Indemnity and Immunity

The Town, towing services, property owners, and storage yards shall not be liable for damage to any vehicle removed, stored, or disposed under this ordinance, consistent with I.C. 9-22-1-32.

Ordinance Description:

WHEREAS, the improper disposal of solid waste, recyclable materials, or any other type of waste discarded on the ground outside of the community recycle bins can be detrimental to human health, plant and animal life; can contaminate surface and ground waters; can interfere unreasonably with the designated use of the property.

WHEREAS, except for recyclable items, the discarding of any trash or other unwanted materials deemed not to be recyclable into the recycle bins is considered illegal dumping. This includes but is not limited to: discarded food products, common household waste, diapers, tires, mattresses, appliances, and any other waste deemed not to be recyclable.

WHEREAS, the improper disposal and illegal dumping of waste can have a negative impact on the town financially for potential cleanup;

WHEREAS, in the opinion of the Coatesville Town Council, it is necessary to enact this Ordinance to eliminate illegal dumping at the community  recycle bins located in the Town of Coatesville, Indiana;

NOW, THEREFORE, BE IT ORDAINED BY THE COATESVILLE TOWN COUNCIL, as follows:

ARTICLE I - TITLE

This Ordinance shall be titled "Illegal Dumping Ordinance" and may be cited as such.

ARTICLE II - PURPOSE

The purpose of this Ordinance is to prohibit the illegal dumping or discarding of any kind of waste outside the recycle bins on the ground and any waste deemed non-recyclable into the recycle bins, to establish penalties for violations for the improper disposal and discarding  of waste at the designated recycle bins in Coatesville.

ARTICLE III - PROHIBITED ACTS

1)  "Dumping" shall mean to  abandon, deposit, desert, discharge, dispose, drop, dump, eliminate, emit, jettison, leave, pitch, place, put, scrap, spill, throw, or toss any item or solid waste of derivative thereof, of any inherently waste-like material in a manner such that the discarded substance remains upon the land as solid waste.

2) "Discarding" shall mean:

 

      a) the discarding of any solid waste commonly known as garbage, rubbish, refuse construction and

           demolition debris, household trash, appliances, diapers, food service wastes, tires, scrap metal,

           vehicle parts, implement parts, fence wire, and all other items and materials defined as "solid waste".

      b) the discarding of any of the above items that is not considered recyclable material into the recycle bins.

3) "Solid Waste" shall mean any yard waste, garbage, refuse, rubbish, sludge or other discarded or disposed materials, including solid, liquid or semi-solid, or contained gaseous material resulting from any operation, activity or source.

4) "Recyclable Items" or "Recyclable Materials" or "Recyclables" shall mean:

      a) Glass, bottles, jars, paper, plastic bottles, jugs & tubs, metal and aluminum cans, cartons, corrugated cardboard, or items approved by the Hendricks County Recycling District for the recycling containers in the Town  of Coatesville, Indiana.

5) "Scavenging" shall mean the unauthorized removal of materials from solid waste at any point in the waste management system.

ARTICLE IV - PROHIBITED ACTS

1) Recycle Bins:

      a) No person shall dump or discard any materials other than recyclables in any facility or container

           intended for collecting designated recyclable materials within the real estate owned by the Town

           of Coatesville.

      b) No person shall conduct scavenging  at any facility  or container intended for collecting materials 

           with value as a recyclable material within the real estate owned by the Town of Coatesville.

2) Dumping: no person shall discard or dump and solid waste, recyclable items, or waste of any kind outside of the recycling bins on the ground within the real estate owned by the Town of Coatesville.

ARTICLE V - ENFORCEMENT

1) It shall be the duty of the Coatesville Town Marshal or his or her designee to enforce this Ordinance. Any person violating any provision of this Ordinance shall be subject to fines or other injunctive action as deemed necessary by the Coatesville Town Cler.

2) Violators of the Ordinance shall be served a written initial notice of violation either in person of by any other manner reasonably calculated to result in actual notice, including certified mail. If by certified mail, the citation will be sent to the registered owner of the vehicle from which the violation occurred.

3) The violator will have 30 days from the date of the ordinance violation to contact and make arrangement and/or pay the fine with the Coatesville Town Clerk. Failure to contact the Town Clerk  within 30 days on the date of the ordinance violation can result in additional costs including court fees and attorney fees to prosecute the illegal dumping ordinance.

ARTICLE VI - PENALTIES AND SANCTIONS

1) The doing of any prohibited act governed by this Ordinance is declared to be a violation of this Ordinance. Any person found to have violated this Ordinance shall be fined up to $2,500 per occurrence. Each violation shall constitute  a separate violation.

2) In addition to fins assessed, the Town Clerk may request clean-up and/or administrative cost expended by the town in taking enforcement action. This includes any attorney and court fees.

ARTICLE VII - SEVERABILITY

Each section, subsection, sentence, clause, and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause, and phrase, and the finding or holding of any section, subsection, sentence, clause, and phrase to be unconstitutional, void or ineffective for any cause shall not affect another section, subsection, sentence, clause, and phrase, or part thereof.

ARTICLE VIII - APPLICATION AND EFFECTIVE DATE

This Ordinance shall apply to the entirety of Coatesville. All portions or former ordinances related to illegal dumping at the recycle bins in conflict herewith are hereby repealed or superseded. This Ordinance shall be in full force and effect immediately upon and after its adoption and publication as required by law.

Said ordinance is hereby passed and adopted this June 2, 2025.

Ordinance Description:

Ordinance Amending Parking Regulations.

An Ordinance of the Town Council of the Town of Coatesville, Indiana.

Purpose:

It is the purpose of this Ordinance to facilitate the orderly and safe flow of traffic at the intersection of Milton Street and Hadley Street in Coatesville, Indiana.

General Provisions:

          The Town Council of the Town of Coatesville, Indiana deems it necessary to restrict the parking of vehicles on the southwest corner of Milton Street and Hadley Street. In order to allow for the safe flow of traffic, there shall be no parking on the west side of Milton Street for the first thirty-nine feet from the sidewalk on Hadley Street in the Town of Coatesville, Indiana.

          For the purpose of this ordinance, vehicle is defined as a vehicle that is self-propelled or propelled by electric power.  Vehicles includes a semitrailer, trailer, tractor, off-road vehicle, or recreational vehicle. An off-road vehicle includes motor driven vehicles capable of cross-country travel without benefit of a road, on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.

Enforcement:

          A Town of Coatesville Marshal or Deputy Marshal may issue a citation for a failure to comply with this ordinance within the boundaries of the Town of Coatesville, Indiana.

Violation:

          Violation of this ordinance is punishable by a fine.

Repeal:

          All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed when said ordinance becomes effective.

Severability Clause:

          If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional

Effective Date:

          This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Ordinance Description:

Ordinance Amending Parking Regulations.

An Ordinance of the Town Council of the Town of Coatesville, Indiana.

Purpose:

It is the purpose of this Ordinance to facilitate the orderly and safe flow of traffic on Main Street between Milton Street and State Road 75.

General Provisions:

          The Town Council of the Town of Coatesville, Indiana deems it necessary to restrict the parking of vehicles on both sides of Main Street, beginning at 7924 Main Street, near the intersection of Milton Street and Main Street, and ending at State Road 75 in the Town of Coatesville, Indiana.

          For the purpose of this ordinance, vehicle is defined as a vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails.  Vehicles includes a semitrailer, trailer, or recreational vehicle. An off-road vehicle includes motor driven vehicles capable of cross-country travel without benefit of a road, on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.

Enforcement:

          A Town of Coatesville Marshal or Deputy Marshal may issue a citation for a failure to comply with this ordinance within the boundaries of the Town of Coatesville, Indiana.

Violation:

          Violation of this ordinance is punishable by a fine.

Repeal:

          All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed when said ordinance becomes effective.

Severability Clause:

          If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional

Effective Date:

          This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Ordinance Description:

Ordinance on No Parking on the west and east side of Milton Street between Von Tress and Heavin Street of the  Town Council  of the Town of Coatesville, Indiana.

Purpose:

It is the purpose of this Ordinance to facilitate the orderly and safe flow of traffic on Milton Street between Von Tress Street and Heavin Street.

General Provisions:

          The Town Council of the Town of Coatesville, Indiana deems it necessary to restrict the parking of vehicles on  the west and east side of Milton Street between Von Tress and Heavin Street in the Town of Coatesville, Indiana.

          For the purpose of this ordinance, vehicle is defined as a vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails.  Vehicles includes a semitrailer, trailer, or recreational vehicle. An off-road vehicle includes motor driven vehicles capable of cross-country travel without benefit of a road, on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.

Enforcement:

          A Town of Coatesville Marshal or Deputy  Marshal may issue a citation for a failure to comply with this ordinance within the boundaries of the Town of Coatesville, Indiana.

Violation:

          Violation of this ordinance is punishable by a fine.

Repeal:

          All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed when said ordinance becomes effective.

Severability Clause:

          If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional

Effective Date:

          This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Ordinance Description:

AN ORDINANCE REGULATING THE DISPOSAL OF GRASS CLIPPINGS AND YARD

WASTE ON THE TOWN OF COATESVILLE, INDIANA STREETS

NOW THEREFORE BE IT ORDAINED AND ENACTED by the Council of the Town of Coatesville, Indiana as follows:

SECTION 1. PREAMBLE

The Coatesville Town Council ("Town") makes the following findings:

1.  The deposit and accumulation of grass clippings, leaves, and other yard waste upon and into the streets of the Town have created a public problem by increasing the amount of waste and debris in the streets making the Town less visually attractive, and increasing pollution and run-off into the Town's storm sewers; and

2. The current ordinances and procedures have failed to abate the dumping or waste into the streets.

SECTION 2. OFFENSE DEFINED

It shall be unlawful for any person to knowingly cause grass clippings, leaves, or other debris or waste produced in conjunction with yard maintenance or gardening onto the streets, alleys, and other public roads of the Town of Coatesville. A homeowner is responsible to ensure that any  persons hired to cut their grass or maintain their yard abide by this ordinance. Any grass or waste which inadvertently  is caused to enter the streets or alleys of the Town shall be promptly removed; there is no "grace period" within which to remove grass or leaves.

SECTION 3. ENFORCEMENT

1. This ordinance may be enforced by the Town Marshal or the Town Council. A violation of this ordinance shall be sanctioned by the civil penalty method set forth in Section 4.

2. There shall be a presumption that grass clippings, leaves, or yard waste immediately adjacent to a property  where caused to be placed there by property owner. This is a rebuttable presumption.

SECTION 4. CIVIL PENALTY

A violation of this Ordinance shall constitute a civil penalty punishable by a fine. Subsequent violations can result in increased fines.  Each day any violation of this ordinance shall constitute a separate offense for the purpose of constituting a new civil violation under this ordinance.

SECTION 5. SEVERABILITY

Should any portion of this Ordinance be determined to be unlawful or unconstitutional, then the remainder of the Ordinance shall be not affected and shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE

This ordinance shall be effective upon publication and passage of this ordinance.

Ordinance Description:

Snow Emergency Ordinance for the Town of Coatesville

          WHEREAS, The Town Council of Coatesville has the power under the Acts of Indiana General Assembly to make all necessary regulations for the preservation of the rights of property, health, and welfare of the citizens; and

          WHEREAS the Coatesville Town Council determines that it is in the best interest of the citizens of the Town of Coatesville to adopt an ordinance regulating parking during snow emergencies.

BE IT THEREFORE ORDAINED by the Council, that:

Section 1:

          This ordinance shall be known as the Snow Emergency Ordinance for the Town of Coatesville, Hendricks County, Indiana, and shall apply to Main Street, between Hadley Street and Church Street and on Milton Street, between Bank Street and Hadley in the incorporated limits of the Town of Coatesville, Hendricks County, Indiana.

Section 2:  Definitions:

          For the purpose of this Ordinance, the following definition shall apply:

                   (1)  Snow Emergency - ant time when there is accumulation of snow, or snow and ice,

                            of two (2) inches or more or when a snow emergency is declared to exist by the

                            President of the Town Council of Coatesville or his designee, or the Hendricks

                            County Commissioners.

                   (2)  Snow Emergency Routes - The streets or parts thereof marked as snow emergency

                           by proper signs and so designated by name in this Code or in future Ordinances.

                   (3)  Traffic - Every vehicle or device in or upon, or by which any person or property is

                           or may be transported or drawn upon a street. Whether such vehicle or device is

                           self propelled, pulled, drawn,  or pushed, shall further include pedestrians.

                   (4)  Vehicle - Every device in, upon, or by which any person or property is or may be

                           transported or drawn upon  a street, except devices used exclusively upon

                           stationary rails or tracks.

Section 3: Procedure:

          A.   The snow emergency shall exist in the Town or Coatesville, conjunction to and

                  concurrent to any snow emergency declared by Hendricks County, Indiana. That

                  during a snow emergency, no vehicles shall be parked on the thoroughfares of Main

                  Street, between Hadley Street and Church Street, and on Milton Street, between Bank

                  Street and Hadley Street, until snow and/or snow and ice is cleared from said streets.

          B.   Removal of Vehicles.

                         a.  Individuals shall be charged with the responsibility of knowing the priority of

                               their street of residence and shall be deemed to know the same.  Further,

                               Individuals shall be responsible for ascertaining the priority of the street upon

                               which they are traveling or upon which they have become stalled and shall be

                               deemed to know the same and shall take whatever measures necessary to

                               remove stalled vehicles from those routes in accordance with this section.

                         b.  The Town Marshal, President of the Town Council and the Hendricks County

                                Sheriff's Department are hereby authorized to remove  or have removed a

                                vehicle from a street to the nearest garage or other place (including another

                                place on the street) or to a garage designated or maintained pursuant to a

                                contract with the Town of Coatesville or Hendricks County when:

                                         i.   the vehicle is parked or stalled on a street that is declared; and

                                        ii.   a snow emergency has been declared; and

                                       iii.   the vehicle is interfering or about to interfere with snow removal 

                                               operations

                         c.  In the event that it is deemed by any law enforcement officer that a vehicle

                               shall be towed for the purpose of storage, he or she shall order the vehicle

                               towed immediately in accordance with the provisions of this section.

                         d.  Whenever a vehicle has been removed from a street as authorized in this

                               section and the appropriate agency is able to ascertain from the registration

                               records in the vehicle the name and address of the owner thereof, such agency

                               shall, as soon as possible, give or cause to be given notice in writing to such

                               owner of the fact of such removal and the reasons therefore and of the manner

                               in which such vehicle may be reclaimed. In this event, any such notice shall

                               be given to the proprietor of such storage lot or garage.

                         e.  Whenever an officer removes or has removed a vehicle from a street under

                               this section and does not know and is not able to ascertain the name of the

                               owner, or for any reason is unable to give notice to the owner as hereinbefore

                               provided , and in the event the vehicle is not returned to the owner within a

                               period of three (3) days, then and in that event the officer shall immediately

                               send or cause to be sent a written report of such removal by mail to the bureau

                               of motor vehicles and shall file a copy of such notice with the proprietor of

                              any storage lot or garage in which the vehicle may be stored.

                         f.  No person shall recover any vehicle removed in accordance with this section

                              except as provided herein. Before the owner or person in charge of such

                              vehicle shall be allowed to recover it from the place where it has been placed

                              or impounded, he shall present to a member of the appropriate law

                              enforcement agency evidence of his identity and right to possession of the

                              vehicle and shall:

                                         i.   Sign a receipt for its return;

                                        ii.   Pay the cost of removal

                                       iii.   Pay any cost of storage accrued for each additional day or portion

                                               thereof thereafter

                         g.  Until paid, these charges constitute a lien on the vehicle which may be

                               enforced in the same manner as a garage keeper's lien in accordance with the

                               provisions of the applicable state statutes.

                         h.  It shall be the duty of the appropriate law enforcement agency to keep a record

                               of each vehicle removed in accordance with this section. The record shall

                               include:

                                         i.   A description of the vehicle;

                                        ii.   Its license number;

                                       iii.   The date and time of its removal;

                                       iv.   Location from where it was removed;

                                        v.   Its present location

                                       vi.   The name and address of its owner and last operator, if known;

                                      vii.   Its final disposition

                                    viii.   The parking violation involved.

                              

Section 4: Penalties:

Violation for failure to abide by the no parking designations shall be punishable by fines. Each day that a violation continues shall constitute a separate violation. Any failure to comply with the terms of provision of this Ordinance shall constitute a separate violation. An assessment of civil penalty shall in no way limit the operation of other enforcement remedies provided elsewhere in this Ordinance.

                        a.  That in addition to existing fines for parking violations, the vehicle owner

                              shall be subject to towing and storage charges for any vehicle removed from

                              such designated street during a snow emergency.

Section  5: Severability Clause

          If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional

Section 6: Effective Date

          This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law and upon placement of appropriate signage on the effective streets.

Ordinance Description:

               WHEREAS, Indiana Code 36-7-10.1 et seq. allows for the legislative body of a town to  pass an ordinance requiring owners of real property located in areas of their town to cut and/or remove weeds and other rank vegetation growing on said property;

               WHEREAS, the Town Council  of the Town of Coatesville, Indiana, it the executive and legislative body and is by law authorized to adopt ordinances for the protection of the public health, safety, and general welfare of its residents.

               WHEREAS, weeds and other rank vegetation, when allowed to grow uncontrolled in areas of the Town of Coatesville are unsightly, detrimental to property values and a hazard to health;

               WHEREAS, the purpose of this Ordinance is to regulate and control the growth and require the cutting and/or removal of weeds and other rank vegetation on all parcels of real estate in areas of the Town of Coatesville.

               NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Coatesville, Indiana as follows:

               Section 1.  Title

               This Ordinance and all ordinances supplemental or amendatory thereto shall be known as the "Town of Coatesville Weed and Rank Vegetation Control Ordinance" (hereinafter this "Ordinance").

               Section 2.  Definitions

               A. "Town" shall mean and refer to the Town of Coatesville, State of Indiana

               B. "Department" shall mean and refer to the Town Council or its designee.

               C. "Director" shall mean and refer to the Town Council President and his or her duly authorized representatives.

               D. "Duly authorized representatives" shall mean and refer to  all employees of the Town of Coatesville holding positions identified within the budget classifications for the Town Council  of the annual budget as approved and as amended by the Town of Coatesville Council from time to time.

               E. "Hearing Officer" shall mean and refer to the Hearing Officer as appointed by the Town of Coatesville Town Council  from time to time as the person to serve as the Hearing Authority for the purposes of conducting hearings in accordance with Indiana Code 36-7-9-7, as amended from time to time. 

               F. "Residential area" shall mean and refer to any parcel of real estate, used or intended to be used for residential purposes, whether platted or unplatted, whether zoned residential or otherwise, which does not exceed three (3) acres in size,

               G. "Weeds and other rank vegetation" shall mean and refer to any and all plant life exceeding an average height of eight (8) inches. Landscaped areas and gardens containing trees, ornamental grasses, flowers, agricultural crops, bushes and shrubberies exceeding an average height  of eight (8) inches are not to be considered weeds and other rank vegetation unless they constitute an extreme deviation from the aesthetic

appearance of the surrounding neighborhood.

               H. "Administrator" shall mean and refer to the Town Council President and his or her duly authorized representatives.

               Section 3.  Administration and Enforcement

               The Department shall be the executive department that is authorized to administer the terms and provisions of this Ordinance. The Administrator shall enforce the terms and provisions of this Ordinance.

               Section 4.  Enforcement Discretion

               The Department shall have all rights and authorities as are provided under Indiana Code 36-7-10.1 et seq as the executive department authorized to administer and enforce this Ordinance. It is hereby acknowledged, understood, and declared by the Town Council of the Town of Coatesville, Indiana that the Administer is required to exercise and is vested with the authority to exercise his or her discretion and judgement in order to protect and preserve the public health, safety, and general welfare of the citizens of the Town of Coatesville, Indiana in administering and enforcing this Ordinance. The authority of the Administrator to issue or revoke, or fail or refuse to issue or revoke any notice, approval, order, or similar action under the Ordinance is hereby declared to be discretionary.

               Section 5.  Required Action

               It is a violation of this Ordinance to have weeds and other rank vegetation on parcels of real estate in areas o the Town. All landowner or parcel or real estate in areas of the Town are hereby required to cut and/or remove from such real estate all weeds and other rank vegetation growing thereon.

               Section 6.  Violation Notice

               If weeds or other rank vegetation are found to be growing in violation of the provisions of this Ordinance the Administrator shall give written notice to the landowner upon whose property such weeds and other rank vegetation are growing, identifying the violation and  stating that such landowner is required to cut and/or remove such weeds and other rank vegetation growing on such property. The landowner shall have fifteen (15) business days from the date of service of such notice to abate the violation on such property. such notice shall refer to this Ordinance and shall also stat that if such landowner does not comply with the requirements of such notice, the Department may cause such weeds and other rank  vegetation to be cut and/or removed and the actual cost thereof incurred by the Department shall be paid by the landowner, and shall further state that if not paid within fifteen (15) days after the landowner has been served with a statement of the cost thereof, the amount claimed shall be placed on the tax duplicate against such property affected by the work, and the amount shall be collected as delinquent are collected.

               Section 7.  Service of Notice

               The notice required to be given under Section 6 of this Ordinance shall be adequate if given to the landowner of the property in person or sent by first-class U.S. mail, postage prepaid, to the landowner at the address as listed on the real estate record of the Town of Coatesville Clerk Treasurer. Date of service shall be the date of delivery if given in person or the date of mailing if given by U.S. mail, postage prepaid.

               Section 8.  Cutting and Removal by Town

               If the landowner has been notified under the provision of Section 6 and 7 of this Ordinance but has failed to comply with the requirements of this Ordinance within the time specified, the landowner shall be deemed to have granted permission to the Department and/or its representatives to enter upon the landowner's property for the purposes of causing such weeds and other rank vegetation to be cut and/or removed.

               Section 9.  Appeal

               If  person receiving a notice of violation issued pursuant to this Ordinance or a bill issued pursuant to the Ordinance may request, in writing, a hearing before the Hearing Officer to dispute the existence of a violation on his or her real estate or dispute the accuracy of a bill issued. The request must be received by the Department within fifteen (15) business days of the  date of service of the violation notice, or within fifteen (15) days of the date that the bill was served. A hearing will be held within thirty (30) days of the Department's receipt of a timely written request for such hearing.

               B.  At the hearing before the Hearing Officer, the person receiving a violation notice  will be given the opportunity to appear, with or without counsel, to present such evidence to the Hearing Officer. Each person appearing shall have the opportunity to cross-examine those persons establishing the violation for the Department, and testify on their own behalf.

               C.  At the hearing, the Hearing Officer shall enter a finding determining whether the party notified is the owner of the real estate, and whether the condition of the real estate is in violation of this Ordinance or whether the bill issued is accurate. The Hearing Officer may affirm or modify the violation notice or the bill consistent with the Hearing Officer's findings.  

               D.  Any appeal from the findings and order of the Hearing Officer shall be taken in accordance with the provisions if Indiana Code 36-1-6-9.

                Section 10.  Collection of Costs

               In the event the Department if forced to cut and/or remove weeds and other rand vegetation from property, the Director shall make a certified statement of the actual cost, including administrative costs and removal costs, incurred by the Department for the cutting and/or removal of such weeds and other rank vegetation under the provisions of Section 8 of this Ordinance. Such statement shall be delivered to the landowner in the same manner as a violation notice under Section 6 and 7 of this Ordinance, and the landowner shall pay such amount to the  Department within fifteen (15) days after the landowner has been served with the statement. If the landowner fails to pay such amount within fifteen (15) days after being served with such statement the Department may collect the billing any manner available by law. The Director may also certify a copy of such statement, plus any additional administrative costs incurred in the  certification, to the Town of Coatesville Clerk Treasurer and the Town of Coatesville Clerk Treasurer shall place the total amount certified on the tax duplicate of the property affected by such work, and such amount including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to a special non-reverting weed and other rank vegetation control fund in the Town of Coatesville as provided by Indiana Code 36-7-10.1-5, if one has been established by the Town; if such a fund has not been established, the funds collected must be deposited in the Town of Coatesville general fund.

               Section 11.  Penalty Provisions

               A.  Fines.  Any person found to be in violation of this Ordinance shall be guilty of an ordinance violation and shall be subject to a civil penalty up to Two Thousand Five Hundred Dollars ($2,500.00) for each violation. Each day that a violation continues shall constitute a separate violation. Any failure to comply with any of the terms and provisions of this Ordinance shall constitute a violation. The assessment of a civil penalty shall in no way limit the operation of any other enforcement remedies elsewhere in the Ordinance.

               B.  Expenses.  The Department may recover reasonable attorneys fees court costs, and other expense associated with the enforcement of this Ordinance from any person found to be in violation of this Ordinance.

               C.  Agreed Order.  The Administrator in the name of the Department, may enter into an agreed order with the approval of the Director which order may include the payment of a civil penalty and other expenses associated with the enforcement of this Ordinance by the Department.

               D.  Suit for Civil Penalties.  The Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the Town of Coatesville seeking a judicial determination that this Ordinance has been violated and requesting the imposition of civil penalties.

               E.  Enforcement of Agreed Order.  The Administrator in the name of the Department, may file a complaint in a court of competent jurisdiction within the Town of Coatesville seeking to enforce the terms of an agreed order.

               F.  Other Action.  Nothing container herein shall prevent the Department, Director, or Administrator from taking any other lawful action as is necessary to prevent or remedy any violation of this Ordinance.

                Section 12.  Severability

               If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance.

                Section 13.  

               This Ordinance shall be in full force and effect from and after its passage and adoption by the Town Council of the Town of Coatesville, Indiana and publication in accordance with the requirements of Indiana law.

Ordinance Description:

Sections:

2009-   -1.1       Definitions

2009-   -1.2       Unlawful Operation of a golf Cart

2009-   -1.3       Requirement of Driver's License

2009-   -1.4       Requirement of Financial Responsibility

2009-   -1.5       Time of Operation and Nighttime Restrictions

2009-   -1.6       Slow Moving Vehicle Reflective Sign

2009-   -1.7       Place of Operation

2009-   -1.8       Traffic Laws and Ordinances

2009-   -1.9       Occupants

2009-   -1.10    Penalties and Fines

2009-   -1.11     Revocation of Permission to Operate Golf Cart

2009-   -1.1       Definitions

          A.          "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.

          B.           "Financial Responsibility" shall have the meaning expressed in I.C. 9-25-4-1 et seq

                         (as it now reads or may be amended in the future).

          C.          "Town Street" 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 Coatesville.

                         The term includes, but is not necessarily limited to, streets, alleys, roads, highways, or

                         thoroughfares.

          D.          "Slow Moving Vehicular Sign" shall mean a triangle shaped reflective sign of the

                         same type required under Indiana law.

          E.          "Operate shall mean to exercise any control over the function or movement of a golf

                         cart.

          F.           "State Highway" shall mean any street under the control of and maintained by the

                         State of Indiana and shall include but not be limited to State Road 75.

2009-   -1.2       Unlawful Operation of a golf Cart

                    It shall be unlawful to operate a golf cart on any town street except as specifically authorized by this Chapter. Any person who operates a golf cart in violation of the regulations set forth in this Chapter shall be subject to penalty as set forth in this Chapter.

2009-   -1.3       Requirement of Driver's License

                    The operator of a golf cart on any town street must have a valid driver's license and must have the driver's license in his or her possession while operating a golf cart.

2009-   -1.4       Requirement of Financial Responsibility

                    No person may operate a golf cart on any town street unless financial responsibility is in effect wit respect to the golf cart as provided under I.C. 9-25-4-4 (as it now reads or may be amended in the future).

2009-   -1.5       Time of Operation and Nighttime Restrictions

                    No golf cart shall be operated on a town street between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise unless the golf cart is equipped with two (2) headlamps, two (2) tail lamps, front and rear turn lamps, and rear brake lamps, al of which must be visible from a distance of at least five hundred (500').

2009-   -1.6       Slow Moving Vehicle Reflective Sign

                    No golf cart shall be operated on a town street unless the golf cart is equipped with a reflective slow moving vehicle sign of the same type required under Indiana law.

2009-   -1.7       Place of Operation

                    No golf cart shall be operated on or at any of the following:

            A.    Any town street or any portion of any town street where the speed limit in effect at the

                    place of operation is greater than thirty (30) miles per hour.

            B.    Any town street designated as a State Highway, except to cross any State Highway at

                    intersections ninety (90) degrees to said highway.

            C.    Any sidewalk, public trail, or public greenway not specifically designated for use by a motor vehicle.

2009-   -1.8       Traffic Laws and Ordinances

                    The operator of a golf cart on a town street shall comply with all traffic laws and rules adopted by the State of Indiana and/or the Town of Coatesville, including restrictions and prohibitions as set forth within and Town of Coatesville Ordinance.

2009-   -1.9    Occupants

                    The number of occupants of a golf cart shall be limited to a maximum six (6) persons or less as permitted by available manufactured seating. The operator and occupants shall be properly seated at all times and no part of the body of the operator or occupants shall extend outside the perimeter of the golf cart while the golf cart is in operation; provided, however, the operator shall use proper traffic hand signals when required.

2009-   -1.10    Penalties and Fines

                    Failure to comply with this Chapter will result in fines and penalties with three offense levels and associated fines (refer to the fines section). An offense is defined as any separate violation which may occur in a single occurrence operation. 

2009-   -1.11    Revocation of Permission to Operate Golf Cart

                    Any unsafe operation, multiple violations, failure to maintain financial responsibility, or failure to pay fines in accordance to this Chapter may result in the revocation of permission to operate a golf cart within the Town of Coatesville.

Ordinance Description:

Town of Coatesville Regarding Noise.

WHEREAS, the making and creation of loud, unnecessary, or unusual noises of various kinds and by various means within the boundaries of this county have so increased as to constitute a public nuisance;

WHEREAS, the making, creation or maintenance of loud, unnecessary, unnatural or unusual noise which are prolonged in their time, place and use, affect and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the country;

WHEREAS, it is the desire and duty of the Coatesville Town Council members to secure and promote the public health, comfort, convenience, safety, welfare and property, and the peace and quiet of the inhabitants of visitors of this County;

NOW, THEREFORE, BE IT ORDAINED BY the Coatesville Town Council or Hendricks County, as follows:

                                                                                                                           ARTICLE I

                                                                                                                               TITLE

This Ordinance shall be titled "NOISE" and may be cited as such. Reference shall be Ordinance Number 2008-05

                                                                                                                           ARTICLE II

                                                                                                                            PURPOSE

The purpose of this Ordinance is to prohibit unnecessary noises that are detrimental to the public health, comfort, convenience, safety, welfare and property of the residents of the Town of Coatesville ant to establish penalties for violations therefor.

                                                                                                                           ARTICLE III

                                                                                                                        DEFINITIONS

AS USED  IN THIS ORDINANCE, UNLESS THE CONTEXT OHERWISE REQUIRES

(01)     Residential Zone:  Zones designated residential  as established in the Zoning Ordinances of the County of Hendricks, State of Indiana.

(02)     Commercial Zone:  Zones designated as general business or commercial use as established in the Zoning Ordinances of the County of Hendricks, State of Indiana.

(03)     Industrial Zone:  Zones designated as industrial use as established in the Zoning Ordinances of the County of Hendricks, State of Indiana.

(04)     A-Weighted Sound Level:  The loudness of a sound measured through a filtering devise intended to simulate human hearing. The level is designated DB (A) or DBA.

(05)     Decibel (DB):  A unit for measuring the sound pressure level of a sound

(06)     Frequency:  An objective way to describe the pitch of a sound.

(07)     Hertz:  A unit for measuring the frequency of a sound (sometimes called "cycles per second").

(08)     Octave Bank:  A way to divide the entire frequency range of sound into sections for more accurate measurements.

(09)     Plainly Audible:  Any noise for which the information content is unambiguously communicated to the listener, including understandable spoke speech, comprehension of whether a voice is raised (agitated), or normal or comprehensible musical rhythms.

(10)     Light Motor Vehicle:  Any motorized vehicle with gross vehicular weight less than 8,000 pounds,  including automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, trail bikes, and light trucks.  (NOTE: Vehicles heavier than 8,000 pounds are currently regulated by the ICC.  The regulations are pre-emptive. The regulations may be lifted in the near future. If they are, this Ordinance will be amended to include an enforcement procedure for trucks that local governments can use.)

(11)     Modified Exhaust System:  Any exhaust system in which the original noise abatement devices have been removed, altered, or replaced to produce more noise.

(12)     Sound Level Meter:  An instrument designed to measure sound pressure levels.

(13)     Sound Pressure Level:  An objective was to describe the loudness of a sound. Means 20 times the Logarithm (Base 10) of the ratio of the measured sound pressure to a reference pressure of 20 Micro pascals of pressure level is expressed in Decibels (DB).

                                                                           Sound Pressure A

                                SPL = 20 Log 10       -----------------------

                                                                           Sound Pressure B        

              Sound Pressure A - Measured Sound Pressure

              Sound Pressure B - Measured Sound Pressure (20 Micro pascals)

The octave-bank breakdowns in the DBA limits used in this Ordinance shall be:

                                                    A.   For a Residential Zone:   (55 DBA)

Octave-Band Center Frequency (Hz)                                              Maximum Boundary SPL (DB)

                                   31.5                                                                                                                 72

                                   63                                                                                                                     71

                                125                                                                                                                     65

                                250                                                                                                                     57

                                500                                                                                                                     51

                             1000                                                                                                                     45

                             2000                                                                                                                     39

                             4000                                                                                                                     34

                             8000                                                                                                                     32

                                                    B.   For a Commercial Zone:   (64 DBA)

Octave-Band Center Frequency (Hz)                                              Maximum Boundary SPL (DB)

                                   31.5                                                                                                                 79

                                   63                                                                                                                     78

                                125                                                                                                                     73

                                250                                                                                                                     67

                                500                                                                                                                     61

                             1000                                                                                                                     55

                             2000                                                                                                                     50

                             4000                                                                                                                     46

                             8000                                                                                                                     43

                                                    C.   For an Industrial Zone:   (66 DBA)

Octave-Band Center Frequency (Hz)                                              Maximum Boundary SPL (DB)

                                   31.5                                                                                                                 80

                                   63                                                                                                                     79

                                125                                                                                                                     74

                                250                                                                                                                     69

                                500                                                                                                                     63

                             1000                                                                                                                     57

                             2000                                                                                                                     52

                             4000                                                                                                                     48

                             8000                                                                                                                     45

All terminology used in this Ordinance shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

Person:   Any individual, firm, partnership, association, corporation, company, or organization of any kind.

Noise:      Any unwanted sound.

NOW, THEREFORE, BE IT ENACTED BY THE COATESVILLE TOWN COUNCIL, STATE OF INDIANA, THAT THE FOLLOWING ACTS ARE TO BE DECLARED UNLAWFUL.

                                                                                                                           ARTICLE IV

                                                                                               UNNECESSARY NOISES VIOLATION

                   Except as otherwise provided in this section, it shall be a violation for any person to make, continue or cause to be made, or continued any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health and peace or safety of others within the County. Accordingly, the following acts, among others, are declared to be loud, disturbing and unnecessary noise and in violation of this section, but such enumeration shall not be deemed to be exclusive:

01)    Horns and Signaling Devices:  The sounding of any horn or audible signaling device on any automobile, motorcycle, or other vehicle within this County, except as a danger warning: the creation by means of any such signaling device of any unreasonable loud or harsh sound: the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand, air or electrically; and the continued or repeated use of any such signaling device when traffic is for any reason held up, or in any parade or in  any group of vehicle.

02)    Radios and Phonographs:  Playing, using, or operating, or permitting to be played, used or operated, any radio or television receiving set, musical instrument, phonograph, calliope, or other machine or device used for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing or the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto, except when a permit therefore for some special occasion is granted. The operation of any such set, instrument, phonograph, machine, or device in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.

03)    Yelling or Shouting:  Yelling, shouting, hooting, whistling, or singing, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet comfort or repose or persons in any office, or in any dwelling, hotel, or ither type of residence, or of any person in the vicinity'

04)    Animal or Birds:  The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.

05)    Exhausts:  The discharge into the open air of the exhaust of any steam engine, internal-combustion engine, or any other type of engine or power unit on a motorboat, motor vehicle, motorcycle, or other vehicle or craft of any kind, except through a muffler or other device which will effectively reduce and prevent loud or explosive noises therefrom.

06)    Defect in Vehicle or Load:  The use of any automobile, motorcycle, or other kind of vehicles so out of repair, or so loaded, or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noises.

07)    Construction or Repairing of Buildings:  The erection, demolition, alteration, or repairs of any buildings streets, or highway or the excavation therefore, other that between the hours of 5:00 a.m. and 11:00 p.m., except in the case of urgent necessity in the interest of public health and safety is prohibited.  Exception: if the Counties Planning and Zoning should determine that  the public health and safety will not  be impaired by the erection, demolition, alteration, or repair or any building, streets or highways or the excavation therefore, between the hours of 11:00 p.m.  and 5:00 a.m.,  and that no loss or inconvenience would result to any party in interest, it may grant permission for such work to be done between the hours 11:00p.m. and 5:00 a.m. , upon application being made at the time the permit for the work is issued or during the progress of the work.

08)    Schools, Courts, Churches Hospitals:  The creation of any excessive noise adjacent to any school, institution or learning, church or court while it is in use, or adjacent to any hospital which unreasonably interefers with the operation thereof or which disturbs or unduly annoys patients in the hospital; provided that the same has been declared and is a school, hospital, or other such quiet zone.

09)    Noisy or Riotous Persons:  Allowing noise or riotous persons, or persons of disorderly character, to assemble in one's house causing unnecessary or unusual noise, pr any noise which either annoys or disturbs the comfort, repose, health, and peace or safety of others in the vicinity.

10)    Discharge of Firearm:  Discharging of a firearm, (except on a legally recognized public firing range or firing range designed for law enforcement use or training), causing unnecessary noise which either annoys or disturbs the comfort, repose, health and peace or safety of others in the vicinity.

11)    Hawkers and Peddlers:  The loud shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood.

                                                                                                                           ARTICLE V

                                                                                                                     ENFORCEMENT

It shall be the duty of the Coatesville Town Marshall and/or its deputies to enforce this Ordinance. Any person violating and provision of this Ordinance shall be subject to fines and court costs as specified within this Ordinance.

Violators of this Ordinance shall be served a written notice of the violation (Complaint and Summons) either in person or by any other manner reasonably calculated to result in actual notice, including certified mail.

                                                                                                                           ARTICLE VI

                                                                                                                     ENFORCEMENT

Any person receiving any such notice of violation as described herein may be granted a hearing on the matter before a court of competent jurisdiction, at which time a judgment in favor of the county or defendant will be determined.

                                                                                                                          ARTICLE VII

                                                                                                    PERNALTIES AND SANCTIONS

The doing of any prohibited act, or the omission of any required act governed by this Ordinance is declared to be a violation of the Ordinance.  Any person found to have violated this Ordinance by a court of competent jurisdiction shall be fined in a monetary amount of not less that ONE HUNDRED DOLLARS ($100..00) and no more than ONE THOUSAND DOLLARS ($1,000.00).

In addition to fines, the court shall assess court costs and may assess administrative cost expended by (Hendricks County) in taking enforcement action. The court may also award reasonable attorney fees from the violator for the necessity of prosecuting an action.

                                                                                                                         ARTICLE VIII

                                                                                                                       SEVERABILITY

Each section, subsection, sentence, clause and phrase of his Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any section, subsection, sentence, clause and phrase to be unconstitutional, void, or ineffective for any cause shall not affect another section, subsection, sentence, clause or phrase.

                                                                                                                          ARTICLE IX

                                                                                              APPLICATION AND EFFECTIVE DATE

This Ordinance shall apply to the entirety of the Town of Coatesville. This Ordinance shall be in full force and effective immediately  upon and after its adoption and publication as required by law.

Passed and approved by the Coatesville Town Council., Hendricks County, Indiana this 3rd day of November, 2008

Ordinance Description: 

          BE IT ORDAINED by the Town Council of the Town of Coatesville, Indiana, That:

          WHEREAS, the town Council of the Town of Coatesville, of Hendricks County, Indiana, deems it appropriate to establish NO PARKING on a certain street in the Town of Coatesville; and

          WHEREAS, the town Council of the Town of Coatesville, of Hendricks County, Indiana, has the authority to establish NO PARKING on specific streets within the corporate boundaries of the Town of Coatesville.

          NOW, THEREFORE, by the powe3rs vested  in the Town Council of the Town of Coatesville, Hendricks County, Indiana, it is hereby ORDERED AND ORDAINED that:

          SECTION 1.  The Town of Coatesville may establish NO PARKING for specific streets where determined to be appropriate.

          SECTION 2.   On the entire east side of Broadway Street from Vontress Street north to Railroad Street.

          SECTION 3.  A Town Council Member is authorized  by the Coatesville Town Council to post traffic control signs notifying the traveling public of the NO PARKING areas established for Broadway Street.

          SECTION 4.  The Coatesville  Town Marshall or a Coatesville Deputy Marshall may issue a Town Ordinance Violation citation to a person who violates this ordinance.

          SECTION 5.  Any person who violates this ordinance shall be fined not less than Twenty-Five Dollars ($25.00) for each offense, or ore than Two Thousand Five Hundred Dollars ($2,500.00) for any single offense.

          SECTION 6.  If any section, provision, or a part of this ordinance shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any sections, provisions, or part thereof not adjudged invalid or unconstitutional.

          This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Ordinance Description:

AN ORDINANCE REGULATING THE USE OF TE VANDALIA TRAIL

          BE IT ORDAINED by the Town Council of the Town of Coatesville, Indiana, that:

          WHEREAS, the Vandalia Trail is a multiuse, recreational trail through parts of Hendricks County and the Town of Coatesville, Indiana. It is a recreational trail used for walking, jogging, bicycling, horseback riders, and cross-country skiers; and

          WHEREAS. the Town Council of the Town of Coatesville, Hendricks County, Indiana wishes to regulate and restrict the use of the Vandalia Trail through parts of Hendricks County and the Town of Coatesville, Indiana.

          NOW, THEREFORE, by the powers vested  in the Town Council of the Town of Coatesville, Hendricks County, Indiana, it is hereby ORDERED AND ORDAINED that:

          1.   Any motorized vehicles or hunting is specifically prohibited on the Vandalia Trail confined within the town limits of the Town of Coatesville, Hendricks County, Indiana.  \That signs showing the allowed uses and set prohibitions shall be posted at appropriate entrances of the trail;

          2.  That any person engaging in any use of any motorized vehicle or hunting along said trail confined within the town limits of the Town of Coatesville, is in violation of this Ordinance and commits criminal trespass for doing so;

          3.  The CoatesvilleTown Marshal is directed to enforce this Ordinance along said trail;

          4.  All town owned vehicles used for maintenance and repair of the trail and emergency vehicles are exempt from the above Ordinance and are allowed on the trail when necessary;

          5.  Any person violating this Section Violation of this ordinance is punishable by a fine.

          This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Ordinance Description:

Be it ordained by the Coatesville Town Council as follows:

Section 1.

          Vehicles or any type of motorized unit supported by axles or wheels are prohibited from parking on the sidewalks of the Town of Coatesville, Indiana.

          Be it hereby ordained that the owner or operator of any vehicle or conveyance shall not be permitted to park said vehicle on any sidewalks abutting the street system of the Town of Coatesville, Indiana.

Section2.

          Parking of any vehicle or vehicles on the sidewalks abutting the streets of the Town of Coatesville, Indiana, shall constitute a violation of said ordinance and any person violating said ordinance shall be fined.

Section 3.

          This ordinance shall be in full force and effect from after it passes by the Town Council of Coatesville, Indiana and upon publication as provided by law.

    

Ordinance Description:

Whereas, it has been determined that it is now necessary to enact an ordinance advancing the curfew time for children; now therefore,

          BE IT RESOLVED by the Town Council of the Town of Coatesville, Hendricks County, Indiana, that an ordinance be enacted as follows:

AUTHORITY:

Section 1:  The provisions of this ordinance are enacted in accordance with the powers of the Town Council of a town to advance the hour of curfew provided by I.C. 31-6-4-2 if they find that hour later than is reasonably necessary for public safety within that particular town; which is hereby found and declared to be the case in the Town of Coatesville.

CURFEW IMPOSED:

Section 2:  No person shall be out and about in any public place or public business establishment, except as provided by Section 3, if:

          (a)  they are at least fifteen (15) years of age, but less than eighteen (18)

                  years of age and the hour of day (prevailing local time) is:

                   (1)  Between 12:00 midnight and 5:00 a.m. on a Saturday or Sunday;

                   (2)  After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday, or

                   (3)  Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.

EXCEPTIONS TO CURFEW:

Section 3:  The restrictions as to curfew hour do not apply to a person who is:

          (a)  accompanied by a parent or legal guardian or custodian, or by another

                  person over 21 years of age specified by a parent or legal guardian or

                  custodian to accompany the minor; or

          (b)  participating in or going directly to or returning directly from lawful

                  employment, a school-sanctioned activity, or religious event.

ENFORCEMENT PROCEDURE; AFFECTED MINOR

Section 4:  Any person found to be out and about in violation of Section 2 of this chapter is a delinquent child pursuant to I.C. 31-6-4-1(a)(5) and I.C. 31-6-4-1(b)(2) and may be taken into custody by an enforcement officer under authority of I.C. 31-6-4--4 (b). The child may not be held in a secure facility nor in a shelter housing persons incarcerated for crimes. The enforcement officer may  release the child to a parent or legal guardian or custodian upon that person's written promise to bring the child before a juvenile court for hearing at a specified time, unless:

          (a)  the officer believes that continued detention is necessary for the 

                  protection of the child; or

          (b)  the child requests, on a reasonable basis, that he not be released.

LIABILITY OF BUSINESS PROPRIETORS

Section 6:  It is unlawful and a penal violation of this chapter for the owner, proprietor, manager, or other person in charge and control of the premises of any business establishment open to the public to knowingly permit any person to be out and about and to remain on such premises in violation of the curfew regulations imposed by Section 2. The owner, proprietor, manager, or other person in charge and control is responsible for determining the age  if any person suspected of being on the premises in violation of the curfew, and is authorized to demand any reasonable identification and proof of age  from such person, and may direct the person to leave the premises if adequate proof cannot be shown. However, it is a defense if a person if a person is allowed to remain on the premises in violation of the curfew, but the owner, proprietor, manager, or person in charge and control of the premises can show that the minor produced deceptive proof of age bot obviously recognizable as fraudulent, or that the physical appearance and demeanor of the minor was such that no reasonable person would have had cause to suspect that the minor was of such an age as to be subject to and in violation of the curfew regulations.

PENAL VIOLATIONS; PENALTIES

Section 7:  Any person acting in violation of Section 5 or Section 6 of this chapter commits and ay be cited and prosecuted for a penal town ordinance violation, and upon conviction shall be fined.