Title IX

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" height=60 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> Berne City Police     |     <A HREF="id17.htm" TARGET="_top" TITLE="Home"><U>Home</U></A></div> <div> <A HREF="id45.htm" TARGET="_top" TITLE="Berne City Code"><U>Berne City Code</U></A>   |   <A HREF="id52.htm" TARGET="_top" TITLE="Title I"><U>Title I</U></A>   |   <A HREF="id49.htm" TARGET="_top" TITLE="Title II"><U>Title II</U></A>   |   <A HREF="id46.htm" TARGET="_top" TITLE="Title III"><U>Title III</U></A>   |   <A HREF="id51.htm" TARGET="_top" TITLE="Title V"><U>Title V</U></A>   |   <A HREF="id50.htm" TARGET="_top" TITLE="Title VII"><U>Title VII</U></A>   |   <B>Title IX</B>   |   <A HREF="id47.htm" TARGET="_top" TITLE="Title XI"><U>Title XI</U></A>   |   <A HREF="id53.htm" TARGET="_top" TITLE="Title XIII"><U>Title XIII</U></A>   |   <A HREF="id54.htm" TARGET="_top" TITLE="Title XV"><U>Title XV</U></A></div> <div> </div> </td> </tr><tr> <td valign="top" height=400 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Home"><U><B>Back to the Berne Police Department</B></U></A></div> <div> Title IX:<FONT SIZE="4" COLOR="#FFFFFF" FACE="Bookman Old Style" > General Regulations</FONT></div> <div> <B>TITLE IX:  GENERAL REGULATIONS</B></div> <div> Chapter</div> <bR> <div> 90.     ANIMALS</div> <div> 91.     NUISANCES</div> <div> 92.     STREETS AND SIDEWALKS</div> <div> 93.     FAIR HOUSING STANDARDS</div> <div> 94.     ABANDONED VEHICLES</div> <bR> <div> <B>CHAPTER 90:  ANIMALS</B></div> <div> Section</div> <bR> <div> 90.01     Purpose</div> <div> 90.02     Definitions</div> <div> 90.03     Animals Control Officer</div> <div> 90.04     Unlawful acts</div> <div> 90.05     Impoundment</div> <div> 90.06     Owner responsible for expenses</div> <bR> <div> § <B>90.01  PURPOSE.</B></div> <div> The purpose of this chapter is to promote harmonious relationships in the interaction between man and animal by doing the following:</div> <div> (A)     Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards.</div> <div> (B)     Delineating the animal owner's or harborer's responsibility for the acts and behavior of his animal at all times.</div> <div> (C)     Providing security to residents from annoyance, intimidation, injury and health hazards by animals.</div> <div> (D)     Encouraging responsible pet ownership.</div> <div> (E)     Providing standards for any and all persons and agencies, public or private, engaged in confinement, buying, selling, harboring or dealing in animals in any manner.  (Ord. 316, passed 10-22-84)</div> <bR> <div> § <B>90.02  DEFINITIONS.</B></div> <div> For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> ANIMAL.  Any mammal, domestic or wild, other than man, which may be affected by rabies.</div> <div> ANIMAL CONTROL OFFICER.  That person designated by the Mayor for the care, seizure, custody and confinement of animals, and supervised by the Chief of Police.</div> <div> ANIMAL NUISANCE is created when an animal does any of the following:</div> <div> (1)     Runs uncontrolled.</div> <div> (2)     Molests or disturbs persons or vehicles by chasing, barking or biting.</div> <div> (3)     Attacks other animals.</div> <div> (4)     Damages property other than that of the owner or harborer.</div> <div> (5)     Barks, whines, howls, honks, brays, cries or makes other noises excessively.</div> <div> (6)     Creates noxious or offensive odors.</div> <div> ANIMAL SHELTER.  A facility, public or private, used to confine and house animals seized, lost, abandoned or given over by owners.</div> <div> BITE.  To be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded or pierced and saliva of the biting animal has contacted the resulting break or abrasion of the skin.</div> <div> CAT.  Any member of the animal species Felis Catus six months or more in age.</div> <div> CONTROL OF AN ANIMAL.  Shall mean that the animal is on a leash not more than eight feet in length; is under voice control in the presence of a competent person; is on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer, or upon the premises of another person with the consent of that person.</div> <div> DOG.  Any member of the animal species Canis Familiaris six months or more in age.</div> <div> DOMESTIC ANIMAL.  Shall include dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.</div> <div> EUTHANASIA.  Death brought about by any method which produces rapid loss of consciousness to a painless death.</div> <div> FACE BITE.  A bite anywhere above the shoulders of a human.</div> <div> HARBORER.  Any person who provides food and shelter for any domesticated animal on other than a periodic or temporary basis.</div> <div> OWNER.  Any person having right of property in any animal; who keeps an animal; who has an animal in his care or custody; or who knowingly permits an animal to remain on or about any premises occupied by him.</div> <div> PERSON.  Any individual, firm, corporation, partnership, association, trust, estate or other legal entity.</div> <div> POUND.  That facility as designated by Mayor and Common Council used to temporarily confine and house animals that have been seized.</div> <div> VACCINATION.  The administration of antirabic vaccine by a licensed veterinarian at such intervals as required by state statutes and the State Department of Agriculture.</div> <div> VICIOUS OR DANGEROUS ANIMAL.  Any animal, domestic or wild, known to attack a person where he may lawfully be at any time, without provocation, or any animal that bites or otherwise injures a human.</div> <div> WORK DOG.  Any member of the animal species Canis Familiaris trained for and actively engaged in rescue, law enforcement or war work, or as a guide for the blind or deaf.</div> <div> VOICE CONTROL.  Shall mean that an animal is physically capable of hearing normal commands; is, at the time under consideration, within reasonable proximity to the controller so that shouting or excessively loud commands are not necessary; has been adequately trained in obedience so as to be capable of understanding control commands; and either continually demonstrates, or is able to demonstrate on demand, response to a command that will cause the animal to immediately come into close proximity to the controller and cease any kind of aggressive behavior or action that would be offensive to other persons or animals.</div> <div> (Ord. 316, passed 10-22-84)</div> <bR> <div> §<B> 90.03  ANIMAL CONTROL OFFICER.</B></div> <div> There is created the position of Animal Control Officer within the organization of the Police Department. The Animal Control Officer may be a member of the Police Department or Police Reserves or any other person educated in the care, seizure, custody and confinement of animals as determined by the Chief of Police. The Animal Control Officer or his agent, or any officer of the law may do the following:</div> <div> (A)     Enter upon private premises to apprehend a stray animal, a vicious animal, a wild creature or an animal suspected of being infected with rabies.</div> <div> (B)     Enter upon private premises to investigate complaints of irresponsibility or inhumane animal care.</div> <div> (C)     Seize, impound or dispose of any vicious animal of any kind when necessary for the protection of any person or animal.</div> <div> (D)     Eliminate any stray animal which cannot be safely impounded when the animal is deemed to be a threat to any personal property.</div> <div> (Ord. 316, passed 10-22-84)</div> <bR> <div> § <B>90.04  UNLAWFUL ACTS.</B></div> <div> It shall be unlawful for any owner or harborer of a domestic animal to do any of the following:</div> <div> (A)     Fail to provide for his animal the following:</div> <div> (1)     Sufficient quantity of good and wholesome food and water.</div> <div> (2)     Proper protection and shelter from the weather.</div> <div> (3)     Veterinary care when needed to prevent suffering.</div> <div> (4)     Humane treatment.</div> <div> (B)     Cause or permit the animal to perform, create or engage in any nuisance as defined by § 90.02.</div> <div> (C)     Cause or allow any domestic animal to run at large in the city or be picketed or tied at any public place for the purpose of grazing or feeding.</div> <div> (D)     Keep or otherwise maintain within the city any dog which is known to be vicious or dangerous or which has evidenced a disposition to attack human beings without provocation.  (Ord. 316, passed 10-22-84)  Penalty, see § 10.99</div> <bR> <div> § <B>90.05  IMPOUNDMENT.</B></div> <div> It shall be the duty of the Animal Control Officer or his agent to apprehend and impound any animal not under control. Depending on the circumstances, impoundment shall be in the city pound as follows:</div> <div> (A)     Known ownership.</div> <div> (1)     When the owner or harborer of a stray animal is known through licensing, collar identification or other immediate means, the Animal Control Officer shall notify that person of the impounding in the most expeditious manner available.</div> <div> (2)     The release of an impounded animal shall not be made by the Animal Control Officer until all expenses of apprehension, notification and impounding have been paid by the owner or harborer.</div> <div> (3)     If the impounded animal is one requiring a license and/or rabies vaccination, the owner or harborer shall have 48 hours in which to present proof of licensing and/or rabies vaccination to the Animal Control Officer.</div> <div> (4)     The known owner or harborer of the stray animal shall have three days from the time of notification in which to claim the animal. Failure by the known owner or harborer to obtain release of the impounded animal within this time period shall be deemed an act of disclaiming, and the Animal Control Officer shall consign the animal to a recognized animal humane society, licensed animal shelter, or county officers having animal control jurisdiction for Adams County.</div> <div> (B)     Unknown ownership.</div> <div> (1)     When the owner or harborer of a stray animal cannot be ascertained, the animal shall be locally impounded for no less than 72 hours.</div> <div> (2)     If unclaimed beyond this time period, the Animal Control Officer shall consign the animal to a recognized humane society, licensed animal shelter, or county officers having animal control jurisdiction for Adams County. If, in the opinion of a licensed veterinarian, the animal is not suitable as a pet, the animal shall be euthanized.  (Ord. 316, passed 10-22-84)</div> <bR> <div> § <B>90.06  OWNER RESPONSIBLE FOR EXPENSES.</B></div> <div> The owner or harborer of any dog or cat requiring veterinarian, impounding, licensing, destruction or disposition services as a result of any violations of this chapter shall be responsible for all expenses. Failure to assume expenses shall be deemed an act of disclaiming, and the dog or cat involved shall be considered a stray animal. The fee for impoundment, regardless of age, shall be $10 for the first impoundment, $15 for the second impoundment and $25 for third and subsequent impoundments respectively in one year. The daily maintenance fee covering the period of retention shall be $2.50 each day. The consignment fee shall be $15.  (Ord. 316, passed 10-22-84)</div> <bR> <div> <B>CHAPTER 91:  NUISANCES</B></div> <div> Section</div> <bR> <div> Environmental Public Nuisances</div> <div> 91.01     Purpose and intent</div> <div> 91.02     Definitions</div> <div> 91.03     Conditions defined as nuisances</div> <div> 91.04     Application</div> <div> 91.05     Prohibited activities</div> <div> 91.06     Determination of violation</div> <div> 91.07     Enforcement</div> <div> 91.08     Objection to complaint Weeds</div> <div> 91.20     Short title</div> <div> 91.21     Jurisdiction</div> <div> 91.22     Definitions; exclusions</div> <div> 91.23     Owners responsible for trimming, removal and the like</div> <div> 91.24     Filing complaint</div> <div> 91.25     Notice of violations</div> <div> 91.26     Appeals</div> <div> 91.27     Abatement by city</div> <div> 91.28     Liability</div> <bR> <div> <B>ENVIRONMENTAL PUBLIC NUISANCES</B></div> <div> § <B>91.01  PURPOSE AND INTENT.</B></div> <div> It is declared to be the purpose of this subchapter to protect the public safety, health and welfare, and enhance the environment of the people of the city by making it unlawful to allow an environmental public nuisance to exist.</div> <div> (Ord. 351, passed 6-13-88)</div> <bR> <div> § <B>91.02  DEFINITIONS.</B></div> <div> For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> AUTHORIZED EMPLOYEE.  An individual designated to make environmental public health inspections by either the Health Officer of the County Board of Public Health or the head of any governmental department of the city, which department has been designated by the Mayor to enforce this chapter.</div> <div> CITY.  The City of Berne.</div> <bR> <div> <B>ENVIRONMENTAL PUBLIC NUISANCE.</B></div> <div>  Shall include the following:</div> <div> (1)     Any growth of weeds, grass or other rank vegetation on private or governmental property which is neglected, disregarded, or not cut, mown, or otherwise removed and/or which has attained a height of nine inches or more.</div> <div> (2)     Any accumulation of dead weeds, grass, or brush on private or governmental property.</div> <div> (3)     Any poison ivy, ragweed, or other poisonous plant or plants detrimental to health, growing on any private or governmental property.</div> <div> (4)     Property which has been allowed to become a health or safety hazard, or which has accumulated litter or waste products, unless specifically authorized under existing laws and regulations.</div> <div> EXCLUDED PROPERTY.  Land cultivated for gross profit in a commercial, agricultural or horticultural zone; a natural or developed forest which does not create a health or safety hazard which conforms to Management Series No. 2 of the Indiana Department of Natural Resources or is registered with the National Wildlife Federation and which is properly screened, if requested by adjoining landowners; vacant or open lands, fields or wooded areas more than 150 feet from occupied property. However, natural habitats, or wildlife habitats in R-1 and R-2 districts are not considered excluded property and will constitute a violation of this chapter.</div> <div> GOVERNMENTAL PROPERTY.  Real estate within the city which is owned, leased, controlled or occupied by the United States, the State of Indiana, or any political subdivision thereof; excluding areas such as interior fields, riverbank properties and wooded lots which are maintained as natural sites by a political entity.</div> <div> INSPECTOR.  An employee of the County Board of Public Health or any other governmental department of the city so designated by the Mayor, having law enforcement powers to issue city ordinance violation summons in order to enforce the provisions of this chapter.</div> <div> OWNER.  Shall be presumed to be any one or more of the following.</div> <div> (1)     The owner or owners in fee simple of a parcel of real estate including the life tenant or tenants, if any.</div> <div> (2)     The record owner or owners as reflected by the most current records in the township assessor's office in the township in which the real estate is located.</div> <div> (3)     The purchaser or purchasers of real estate under any contract for the conditional sale thereof.</div> <div> PRIVATE PROPERTY.  All real estate within the city, except governmental property.</div> <div> (Ord. 351, passed 6-13-88)</div> <bR> <div> § <B>91.03  CONDITIONS DEFINED AS NUISANCES.</B></div> <div> The following conditions are declared to be nuisances.</div> <div> (A)     Dwelling unfit for human habitation.  Includes any part of any building or its premises used as a place of residence or habitation because of want of repair, defects in the drainage, plumbing, lighting, ventilation or construction, infection with contagious disease or the existence on the premises of any unsanitary condition likely to cause sickness among occupants of the dwelling.</div> <div> (B)     Dangerous building.  Any building, house or structure so out of repair and dilapidated that it shall, if the condition is suffered to continue, endanger the life, limb or property of, or cause hurt, damage or injury to persons or property using or being upon the streets or public ways of the city adjoining the premises, because of the collapse of the building, house or structure or by the falling of parts thereof or of objects therefrom.</div> <div> (C)     Dangerous trees and stacks.  Includes any tree, stack, or other object, adjoining a street, standing upon premises in a condition that shall, if suffered to continue, endanger the life, limb or property or cause hurt, damage or injury to persons or property adjacent thereto.</div> <div> (D)     Dilapidated building.  Includes any building, house or structure which is so out of repair and dilapidated that it constitutes a fire hazard because of its condition and lack of repair, or that, due to lack of adequate maintenance or neglect, endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property.</div> <div> (E)     Accumulation of rubbish.  An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects, or its blowing into the street, sidewalk or property of another. It shall be the duty of persons owning or being in charge of those business establishments whose patrons purchase goods or services from their automobiles, commonly known as drive-ins, to furnish sufficient covered receptacles for the deposit of wastes created in the operation of the business, and to clean up any wastes as are not deposited in receptacles at the close of business each day (or, if the business operates continuously, at least once each day) and at any other times when weather conditions are such that waste from the operation of the business is being blown to adjoining premises.</div> <div> (F)     Noxious odors or smoke.  Odors, smoke, dust or other matter emitted from premises into the surrounding atmosphere and which render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.</div> <div> (G)     Noxious noise. Sounds emitted from premises which destroys the enjoyment of dwelling houses or other uses of property in the vicinity by interference with the ordinary comforts of human existence shall constitute noxious noise.</div> <div> (H)     Unsafe storage of explosives or combustible material.  Storage of material which will create a safety hazard to other property or persons in the vicinity.</div> <div> (I)     Open wells.  The maintenance of any open or uncovered or insecurely covered cistern, collar, well, pit excavation or vault situated upon private premises in any open or unfenced lot or place.</div> <div> (J)     Trees and shrubbery obstructing streets and sidewalks.  The growing and maintenance of trees with less than 14 feet of clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height above curb level within the radius of 25 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.</div> <div> (K)     Dressing poultry.  The dressing of poultry within the city limits for wholesale or retail, unless at the end of each day the debris made in the dressing of the same shall be removed to some point beyond the city limits and destroyed.</div> <div> (L)     Junk, scrap metal, motor vehicles.  The storage of motor vehicles in inoperative condition, motor vehicles unfit for further use, automobile parts or scrap metal within the city limits.</div> <div> (M)     Automobile parts.  Any portion or parts of any motor-driven vehicle as detached from the vehicle as a whole.</div> <div> (N)     Scrap metal.  Pieces and/or parts of steel, iron, tin, zinc, cooper, aluminum or any alloy thereof, whether covered with porcelain or any other materials, whether intact or in parts, which has served its usefulness in its original intended purposes.</div> <div> (`84 Code, § 6-19)  (Ord. 176, passed 1-25-71)</div> <bR> <div> § <B>91.04  APPLICATION.</B></div> <div> (A)     Each department or agency in the United States, the State of Indiana or any political subdivision thereof shall be required to keep governmental property free from environmental public nuisances.</div> <div> (B)     Each owner of private property shall be required to keep that private property free from environmental public nuisances.</div> <div> (Ord. 351, passed 6-13-88)  Penalty, see § 10.99</div> <bR> <div> § <B>91.05  PROHIBITED ACTIVITIES.</B></div> <div> It shall be unlawful for any owner of private property or governmental property to allow an environmental public nuisance to exist on that property, except on excluded property.</div> <div> (Ord. 351, passed 6-13-88)  Penalty, see § 10.99</div> <bR> <div> § <B>91.06  DETERMINATION OF VIOLATION.</B></div> <div> (A)     Complaint.  Violations under this subchapter shall be cited from May 15 through October 1 annually. Any department of the city which receives a complaint regarding an environmental public nuisance on any property within the city shall forward that complaint to the Clerk-Treasurer's office, where it shall be assigned a case number and entered into an environmental public nuisance complaint log book.</div> <div> (B)     Assignment of complaint. The Clerk- Treasurer's office shall thereafter forward the complaint to an inspector for processing who shall follow that case through to its resolution.</div> <div> (C)     Notice to abate.  Where the complaint addresses private property, the inspector, through the Clerk-Treasurer, shall cause a written notice to abate to be served upon the owner, a minimum of five days within which to remove the environmental public nuisance. This notice shall be served by a law enforcement officer or by certified mail to the owner.</div> <div> Where governmental property is concerned the appropriate governmental unit shall be notified of the complaint and the unit's duty to abate the environmental public nuisance.</div> <div> (D)     Inspection.  Following the expiration of the notice to abate, an inspector shall direct an authorized employee to visually inspect the property to determine whether an environmental public nuisance exists. The authorized employee shall make a written report of his or her findings to the inspector.</div> <div> (E)     Abatement by city on governmental property. Where the complaint addresses governmental property and it is determined by the inspector that a violation exists and that the environmental public nuisance constitutes a menace to the health and safety of the people of the city, the inspector may direct the city to immediately enter upon the premises and remove the environmental public nuisance.</div> <div> (Ord. 351, passed 6-13-88)</div> <bR> <div> § <B>91.07  ENFORCEMENT.</B></div> <div> (A)     Citation for violation.  If the inspector finds from the authorized employee's report that an environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, that inspector shall cause a citation for violation of city ordinance to be issued to the offending property owner.</div> <div> (B)     Abatement by city on private property.  In addition to the issuance of a citation for violation of city ordinance under division (A) of this section, the inspector, in the name of the Clerk-Treasurer, may issue a request to the city to abate an environmental public nuisance, and shall thereafter furnish the Clerk-Treasurer with a statement of the actual cost involved in the removal of the nuisance. The actual abatement may be assigned to a city department or contracted out through standard procedures.</div> <div> (C)     Responsibility of offender for costs of enforcement.  The Clerk-Treasurer shall make a certified statement of the actual costs incurred by, and reimbursable to, the city in the removal, which statement shall include as an actual cost of removal a $50 minimum service fee, one-half of which will be paid to the County Department of Health, so long as it is involved in the enforcement of this subchapter, and one-half of which shall be paid to the general fund, and a $25 record search fee shall be charged and paid to the general fund. The statement shall be delivered to the property owner by a law enforcement officer or by certified mail, and the owner shall pay the amount noted to the Clerk-Treasurer within ten days after receipt of the statement.</div> <div> (D)     Failure to pay.  If the owner fails to pay the amount within ten days after receiving a statement, a certified copy of the statement of costs shall be filed in the office of the County Auditor for the purpose of placing the amount claimed on the tax duplicate against the property so that the amount claimed can be collected as taxes or collected an dispersed to the general fund and the County Board of Public Health general fund subject to the limitations above.</div> <div> (Ord. 351, passed 6-13-88)</div> <bR> <div> § <B>91.08  OBJECTION TO COMPLAINT.</B></div> <div> (A)     Upon receipt of a notice to abate, the property owner or occupant served or his duly authorized representative may notify the Clerk-Treasurer's office of an intent to object to any notice to abate. This correspondence shall be in writing and shall specify the street address, legal description, the property involved and proof of ownership of the property involved. Any correspondence must be received by the Clerk-Treasurer's office within the amount of time set out in the notice to abate.</div> <div> (B)     Upon receipt of the correspondence the Clerk-Treasurer's office shall provide copies of the same to the City Attorney and to the inspector involved, who shall cause the objection to be investigated. No further action shall be pursued against the owner to abate the environmental public nuisance until resolution of the objection thereto.</div> <div> (Ord. 351, passed 6-13-88)</div> <bR> <div> <B>WEEDS</B></div> <div> § <B>91.20  SHORT TITLE.</B></div> <div> This subchapter shall be cited as the “Weed Ordinance”.</div> <bR> <div> § <B>91.21  JURISDICTION.</B></div> <div> (A)     The jurisdiction of this subchapter shall be the corporate limits of the city, as presently defined or as may be modified from time to time by annexation or city ordinance.</div> <div> (B)     This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed.</div> <bR> <div> § <B>91.22  DEFINITIONS; EXCLUSIONS.</B></div> <div> (A)     For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.</div> <div> DESTRUCTION ORDER.  The notice served by the city executives, or Common Council in cases of appeal, on the property owner of the ordinance violation.</div> <div> PROPERTY OWNER.  The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease.</div> <bR> <div> <B>WEEDS, GRASSES and RANK VEGETATION.</B></div> <div> (1)     Canada thistle, thistles, johnson grass, sorghum, alum [i.e., allium], bur cucumber, and shattercane.</div> <div> (2)     Rank vegetation is the uncontrolled, uncultivated growth of annuals and perennial plants.</div> <div> (3)     WEEDS do not include shrubs, trees, cultivated plants or crops.</div> <div> (B)     In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants.</div> <div> (C)     The Indiana Cooperative Extension Service shall be the referenced technical authority for the city executives with respect to the definition of exempt matters, shrubs, trees, cultivated plants and crops.</div> <bR> <div> § <B>91.23  OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE.</B></div> <div> All property owners within the corporate limits of the city shall be required and be financially responsible for the removal, cutting, or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property, which at the time of notice, is in excess of ten inches in average height, and in no event, exceeds 15 inches maximum height on at least 20% of the surface area of the property.</div> <bR> <div> § <B>91.24  FILING COMPLAINT.</B></div> <div> Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter, shall make a written complaint signed, dated and filed with the City Clerk-Treasurer.  If the city makes the complaint, an employee, officer or Councilmember of the city shall file the complaint in all respects as set out above.</div> <bR> <div> §<B> 91.25  NOTICE OF VIOLATIONS.</B></div> <div> (A)     Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the city executives shall make an inspection and prepare a written report to the executives regarding the condition.  The executive of the city, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a “Destruction Order” to the property owner and/or the person occupying the property as that information is contained within the records of the city Clerk-Treasurer or any other city agency.  Such notice shall be served in writing by certified mail.  The notice shall provide that within seven calendar days after the receipt of the notice that the designated violation shall be removed by the property owner and/or person occupying the property.</div> <div> (B)     (1)     All notices are to be in writing and all filings are to be with the City Clerk-Treasurer.</div> <div> (2)     Certified mailing to the City Clerk- Treasurer or others is deemed filed on the date of posting to the United States Postal Service.</div> <bR> <div> § <B>91.26  APPEALS.</B></div> <div> (A)     The property owner may appeal by filing written notice of objections with the executive within 48 hours of the notice,  excluding weekends and holidays, if the property owner contests the finding of the executives.  It is the property owner's responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter.</div> <div> (B)     An appeal by the property owner shall be brought before the Common Council and shall be decided by a majority vote of the Councilmembers in attendance and such being at a regularly scheduled or special meeting of the Common Council.</div> <bR> <div> § <B>91.27  ABATEMENT BY CITY.</B></div> <div> In the event that the property owner shall fail to comply with the “Destruction Order” within seven calendar days and has not filed a notice within 48 hours to the Clerk-Treasurer of an intent to appeal, the city executives may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means.</div> <bR> <div> §<B> 91.28  LIABILITY.</B></div> <div> (A)     The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter.</div> <div> (B)     The property owner is responsible for all collection costs associated with weed destruction, including, but not limited to, court costs, attorney's fees and interest on any unpaid amounts incurred by the city.  If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used.</div> <div> (C)     All sums payable by the property owner are to be paid to the City Clerk/Treasurer and to be deposited in a general fund, as compensation for expenses and costs incurred by the city.</div> <bR> <div> <B>CHAPTER 92:  STREETS AND SIDEWALKS</B></div> <div> Section</div> <bR> <div> Regulation of Driveways, Curbs and Sidewalks</div> <div> 92.01     Definition</div> <div> 92.02     Compliance required</div> <div> 92.03     Permit required; fee</div> <div> 92.04     Review by Superintendent</div> <div> 92.05     Bond requirements</div> <div> 92.06     Sidewalk regulations/ Sidewalk Specifications</div> <div> 92.20     Sidewalk construction</div> <div> 92.21     Curing</div> <div> 92.22     Temperature conditions</div> <bR> <div> <B>REGULATION OF DRIVEWAYS, CURBS AND SIDEWALKS</B></div> <div> § <B>92.01  DEFINITION.</B></div> <div> A DRIVEWAY is defined as a private thoroughfare for vehicular travel affording access between a public thoroughfare, street, alley or public ground and providing ingress to and egress from private property.</div> <div> (`84 Code, § 7-1)</div> <bR> <div> §<B> 92.02  COMPLIANCE REQUIRED.</B></div> <div> No person, firm, corporation or other entity shall create or construct a driveway, nor cut or modify a curb, gutter, street, sidewalk, or any appurtenance thereto except in accordance with the provisions of this subchapter.</div> <div> (`84 Code, § 7-2)  (Ord. 65, passed 6-24-57)  Penalty, see § 10.99</div> <bR> <div> § <B>92.03  PERMIT REQUIRED; FEE.</B></div> <div> (A)     (1)     Any person, firm, corporation or other entity desiring to create or construct a driveway shall first obtain a permit from the Clerk-Treasurer.</div> <div> (2)     In the event of any emergency wherein the life or lives of citizens or their property is endangered or in jeopardy by reason of any unforeseen or violent breaking, leaking or eruption of existing utility facilities, the repair of which necessitates immediate digging, cutting or excavation, then and in that event, the acquisition of a permit may be deferred until a reasonable time after the repairs or other construction activity has been accomplished, but in any event, the permit shall be obtained prior to completion of the work or prior to completion of back-filling, cementing or installation of other hard-surface materials.</div> <div> (3)     Any person desiring to construct or create a driveway or otherwise construct, alter or reconstruct a curb, gutter, or sidewalk shall first submit written application therefor on forms provided by the city, including a sketch showing the location, width, thickness, grade or slope of the proposed driveway, and types of materials to be used in the construction.</div> <div> (`84 Code, § 7-3)</div> <div> (B)     (1)     After the approval of the proposed construction or repair of any streets, curbs, and sidewalks by the Street Department Superintendent, the Clerk-Treasurer shall issue a written permit upon the payment of a permit fee by the person, firm, or corporation requesting approval of repair or construction.</div> <div> (2)     The permit fee shall be $1.50.</div> <div> (`84 Code, § 7-3)  (Ord. 65, passed 6-24-57)  Penalty, see § 10.99</div> <bR> <div> § <B>92.04  REVIEW BY SUPERINTENDENT.</B></div> <div> The Street Department Superintendent shall review each application and shall inspect the site of any proposed work. The Superintendent may approve, disapprove or approve as modified, the application.</div> <div> (`84 Code, § 7-4)</div> <bR> <div> § <B>92.05  BOND REQUIREMENTS.</B></div> <div> (A)     An applicant may be required to post bond in cash or with surety in an amount not less than 75% of the estimated cost, but not less than $100 nor more than $1,000.</div> <div> (B)     The condition of the bond shall be that work to be done is performed in conformity with the permit granted and that the principal will properly repair any damage to the curb, gutter, street, sidewalk, or other appurtenance caused by or arising from the construction of the driveway within a specified time.</div> <div> (`84 Code, § 7-5)  Penalty, see § 10.99</div> <bR> <div> § <B>92.06  SIDEWALK REGULATIONS.</B></div> <div> (A)     It shall be unlawful for any person, firm or corporation to construct or cause to be constructed sidewalks, or repair existing sidewalks using black top, bituminous or asphalt materials.</div> <div> (B)     All sidewalks hereafter constructed or repaired shall be constructed or repaired of concrete or cement material, except that sidewalks crossing over a street or alley may be of black top, bituminous or asphalt materials.</div> <div> (`84 Code, § 7-7)  (Ord. 51, passed 11-8-54)  Penalty, see § 10.99</div> <bR> <div> <B>SIDEWALK SPECIFICATIONS</B></div> <div> § <B>92.20  SIDEWALK CONSTRUCTION.</B></div> <div> (A)     Drainage.  When required, suitable drainage shall be installed and connected with sewers as indicated by the plans.</div> <bR> <div> (B)     Forms.  Forms may be of wood or steel. They shall be straight, free from warp, and of sufficient strength to resist springing during the process of depositing concrete against them. If of wood, they shall be of at least 2-inch surfaced plank. The height shall be equal to the full depth of concrete walk, which shall be 5 inches. The use of 2-inch x 4-inch side forms is prohibited, and sidewalks so built will not be accepted. The height of steel forms shall also equal the depth of sidewalk. All forms shall be thoroughly cleaned and oiled before concrete is placed against them. Curved forms shall be used on curves to conform to the planned radius.</div> <div> (C)     Concrete.  Class “A” concrete, as elsewhere defined, shall be used in all sidewalk construction, and shall conform to the concrete specifications which meets the following conditions:</div> <div> (1)     Concrete. Ready-mix concrete, conforming to specification ASTM C-94-55 or revisions. The slump shall not exceed three inches.</div> <div> (2)     Cement.  Air-entrained portland cement shall be used with six  bags or 564 lbs. per cubic yard. The air-entrained cement shall be 4 to 7% of the total proportion.</div> <div> (3)     Aggregates. Both fine and coarse aggregates shall have the approval of the State Testing Laboratory and conform to the proportion as determined by them.</div> <div> (D)     Dimensions.  Unless otherwise specified, all sidewalks shall be of the width shown on the plans and not less than five inches thick at all points. The surface shall be graded ¼-inch to the foot toward the street, and longitudinally as directed or shown on the plans.</div> <div> (E)     Surface finish.  After the concrete is placed and thoroughly vibrated or puddled, the surface shall be troweled in a rough rosette pattern, producing an even, gritty finish. Final finish by brooming is also permissible.</div> <div> (F)     Joints.  Joints shall be made at intervals of five feet as nearly as possible. All joints shall be made only with proper joint-cutting tools or metal division plates. Dummy joints shall be straight and clean cut.</div> <div> (G)     Expansion joints.  Expansion joints and joint filler shall conform to the requirements for the joints in street or alley pavements. Longitudinal expansion joints ½-inch thick shall be placed along abutting buildings, concrete yard walks, curb walks and intersection sidewalks. Transverse expansion joints ½-inch thick shall be placed not more than five feet apart between intersections. Joints ½-inch thick shall be placed between sidewalk and street curbing.</div> <div> (H)     Protection.  The contractor shall erect and maintain suitable barriers to protect the walk from traffic. Any sections damaged prior to its acceptance shall be replaced by the contractor at his own expense.</div> <div> (I)     Condition and acceptance.  Before the contract will be considered completed and the sidewalk ready for acceptance, all equipment, surplus materials, and construction debris of every description shall be removed, and the entire area put in a neat and orderly condition, as stated under the preceding provisions on grading. All manholes, catch basins, or other structures, disturbed or adjacent thereto, shall be examined, and any debris caused by the contractor shall be removed therefrom.</div> <div> (J)     Repair or replacement of sidewalks.  In the repair or replacement of sidewalks, the following conditions shall apply, in addition to the foregoing specifications:</div> <div> (1)     All broken concrete or other old material shall be removed and taken away.</div> <div> (2)     If the old base is soft, spongy, or otherwise unstable, it shall be removed.</div> <div> (3)     No single square of old sidewalk shall be patched; the entire square shall be removed and replaced.</div> <div> (K)     Backfilling.  After the forms have been removed, the space on each side of the sidewalk shall be filled to the required elevation, firmly compacted, neatly graded, and all adjacent shoulders and slopes finished to the required grade and cross-section. If extra fill material such as bank run gravel is needed, it must have the approval of the engineer.</div> <div> (Ord. 483, passed 2-28-00)  Penalty, see § 10.99</div> <bR> <div> § <B>92.21  CURING.</B></div> <div> Immediately upon completion of the finished process the concrete shall be cured in one of the following ways:</div> <div> (A)     Curing blankets shall be placed on the concrete. The edges of the blanket shall be securely fastened down outside the paved area with dirt or other weights.</div> <div> (B)     Plastic sheets such as visqueen or other polyethylene material shall be placed over and securely fastened down around the paved area.</div> <div> (C)     By the use of a liquid membrane-forming compound, conforming to the specifications of the ASTM, designation C-309-5T or revision. This liquid shall be sprayed in an even coat over the entire paved area immediately after brooming. The compound shall be applied in a continuous, uniform film by means of an automatic, self-propelled pressure sprayer equipment at the rate directed by the engineer, but not less than one gallon per 200 square feet of surface.</div> <div> (Ord. 483, passed 2-28-00)  Penalty, see § 10.99</div> <bR> <div> § <B>92.22  TEMPERATURE CONDITIONS.</B></div> <div> (A)     No concrete shall be placed during the period from November 1 to May 1 without authorization. Concrete placed when the temperature is 40°F or less shall be cured and protected from cold weather.</div> <div> (B)     When the temperature falls below 50°F, the mixing water or the aggregates, or both, shall be heated to a temperature of not less than 70°F nor more than 150°F. The heating of the water and the aggregates shall be controlled so that there will not be any large differences from batch to batch.</div> <div> (C)     The use of calcium chloride to accelerate the hardening of concrete will be authorized when the temperature of the air is 45°F, at the rate of one pound of calcium chloride per sack of cement; and for temperatures below 40° F, the rate of application shall be two pounds of calcium chloride per sack of cement.</div> <div> (D)     Immediately after the finishing of the concrete, the concrete shall be covered with waterproof paper blankets and not less than one foot of loose, dry straw or hay over the paper.</div> <div> (E)     No concrete shall be deposited on a frozen subgrade.</div> <div> (Ord. 483, passed 2-28-00)  Penalty, see § 10.99</div> <bR> <div> <B>CHAPTER 93:  FAIR HOUSING STANDARDS</B></div> <div> Section</div> <bR> <div> 93.01     Policy statement</div> <div> 93.02     Definitions</div> <div> 93.03     Unlawful practice</div> <div> 93.04     Discrimination in sale or rental of housing</div> <div> 93.05     Discrimination in residential real estate-related transactions</div> <div> 93.06     Discrimination in provision of brokerage services</div> <div> 93.07     Interference, coercion or intimidation</div> <div> 93.08     Prevention of intimidation</div> <div> 93.09     Exemptions</div> <div> 93.10     Administrative enforcement</div> <bR> <div> §<B> 93.01  POLICY STATEMENT.</B></div> <div> It shall be the policy of the city to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and I.C. 22-9-5-1 et seq.</div> <div> (Ord. 432, passed 5-8-95)</div> <bR> <div> §<B> 93.02  DEFINITIONS.</B></div> <div> For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> AGGRIEVED PERSON.  Includes any person who:</div> <div> (1)     Claims to have been injured by a discriminatory housing practice; or</div> <div> (2)     Believes that a person will be injured by a discriminatory housing practice that is about to occur (I.C. 22-9.5-2-2).</div> <div> COMMISSION.  The Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4, et seq. (I.C. 22-9.5-2-3)</div> <div> COMPLAINANT.  A person, including the Commission, who files a complaint under I.C. 22-9.5-6. (I.C. 22-9.5-2-4)</div> <div> DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 93.04 through 93.08 or I.C. 22-9.5-5.</div> <div> DWELLING.  Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families (I.C. 22-9.5-2-8).</div> <div> FAMILIAL STATUS.  One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of the individual or the written permission of a parent or other person. The protections afforded against discrimination on this basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years</div> <div> FAMILY.  Includes a single individual, with the status of the family being further defined in this section under “familial status”.</div> <div> DISABLED.</div> <div> (1)With respect to a person:</div> <div> (a)     A physical or mental impairment that substantially limits one or more of the person's major life activities;</div> <div> (b)     A record of having an impairment described in division (1)(a); or</div> <div> (c)     Being regarded as having an impairment described in division (1)(a).</div> <div> (2)     The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)).</div> <div> (3)     The term does not include an individual solely because that individual is a transvestite. (I.C. 22-9.5-2-10)</div> <div> PERSON.  Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries (I.C. 22-9.5-2-11).</div> <div> TO RENT.  Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises not owned by the occupant (I.C. 22-9.5-2-13).</div> <div> (Ord. 432, passed 5-8-95)</div> <bR> <div> § <B>93.03  UNLAWFUL PRACTICE.</B></div> <div> Subject to the provisions of division (B) of this section, § 93.09 of this chapter and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth in I.C. 22-9.5-5-1 and in § 93.04 shall apply to the following:</div> <div> (A)     All dwellings except as exempted by division (B) of this section and I.C. 22-9.5-3.</div> <div> (B)     Other than the provisions of division (C) of this section, nothing in § 93.04 shall apply to the following:</div> <div> (1)     Any single-family house sold or rented by an owner where the private individual owner does not own more than three single-family houses at any one time; provided that in the sale of a single-family house by a private individual owner not residing in the house at the time of sale or who was not the most recent resident of the house prior to the sale, the exemption shall apply only to one sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved, on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three single-family houses at any one time. The sale or rental of any single-family house shall be excepted from application of this section only if the house is sold or rented as follows:</div> <div> (a)     Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any broker, agent or salesman, or person.</div> <div> (b)     Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 93.04(C), but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other professional assistance as necessary to perfect or transfer this title.</div> <div> (2)     Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters at his residence.</div> <div> (C)     For the purposes of division (B), a person shall be deemed to be in the business of selling or renting dwellings if the following apply:</div> <div> (1)     He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein.</div> <div> (2)     He has, within the preceding 12 months, participated as agent, other than in the sale of his personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein.</div> <div> (3)     He is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.04  DISCRIMINATION IN SALE OR RENTAL OF HOUSING.</B></div> <div> As made applicable by § 93.03 and except as exempted by §§ 93.03(B) and 93.09, it shall be unlawful to do any of the following:</div> <div> (A)     To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status or national origin.</div> <div> (B)     To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status or national origin.</div> <div> (C)     To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status or national origin, or an intention to make any preference, limitation, or discrimination.</div> <div> (D)     To represent to any person because of race, color, religion, sex, disability, familial status or national origin that any dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.</div> <div> (E)     For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status or national origin.</div> <div> (F)     (1)     To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:</div> <div> (a)     That buyer or renter;</div> <div> (b)     A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or</div> <div> (c)     Any person associated with that person.</div> <div> (2)     To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with a dwelling, because of a disability of:</div> <div> (a)     That person; or</div> <div> (b)     A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or</div> <div> (c)     Any person associated with that person.</div> <div> (3)     For purposes of this division, discrimination includes the following:</div> <div> (a)     A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by that person if the modifications may be necessary to afford the person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.</div> <div> (b)     A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.</div> <div> (c)     In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that:</div> <div> 1.     The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons;</div> <div> 2.     All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and</div> <div> 3.     All premises within the dwellings contain the following features of adaptive design:</div> <div> a.     An accessible route into and through the dwelling;</div> <div> b.     Light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;</div> <div> c.     Reinforcements in bathroom walls to allow later installation of grab bars; and</div> <div> d.     Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.</div> <div> (4)     Compliance with the appropriate requirements of the Americans with Disabilities Act of 1990 and of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (commonly cited as “ANSI A 117.1") suffices to satisfy the requirements in subdivision (F)(3)(c)3.</div> <div> (5)     Nothing in this division requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.05  DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS.</B></div> <div> (A)     It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status, or national origin.</div> <div> (B)     As used in this section, the term RESIDENTIAL REAL ESTATE-RELATED TRANSACTION means any of the following:</div> <div> (1)     The making or purchasing of loans or providing other financial assistance as follows:</div> <div> (a)     For purchasing, constructing, improving, repairing, or maintaining a dwelling.</div> <div> (b)     Secured by residential real estate.</div> <div> (2)     The selling, brokering, or appraising of residential real property.</div> <div> (C)     Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability, or familial status.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.06  DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES.</B></div> <div> It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against that person in the terms or conditions of access, membership, or participation, on account of race, color, religion, sex, disability, familial status or national origin.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.07  INTERFERENCE, COERCION, OR INTIMIDATION.</B></div> <div> It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 93.03 through 93.06.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.08  PREVENTION OF INTIMIDATION.</B></div> <div> (A)     No person shall act under color of law, by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, any of the following:</div> <div> (1)     Any person because of his race, color, religion, sex, disability, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings.</div> <div> (2)     Any person because he is or has been, or in order to intimidate the person or any other person or any class of persons from doing the following:</div> <div> (a)     Participating, without  discrimin- ation on account of race, color, religion, sex, disability, familial status, or national origin, in any of the activities, services, organizations or facilities described in division (A)(1).</div> <div> (b)     Affording another person or class of persons opportunity or protection so to participate.</div> <div> (3)     Any citizen because he is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, familial status, or national origin, in any of the activities, services, organizations or facilities described in subdivision (A)(2), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate.</div> <div> (B)     Any person who violates division (A) of this section shall be fined according to local, state and federal law; and if bodily injury results, shall be fined not more than $10, not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.09  EXEMPTIONS.</B></div> <div> (A)     Exemptions defined or set forth under I.C. 22-9.5-3 et  seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C) of this section.</div> <div> (B)     Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.</div> <div> (C)     (1)     Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.</div> <div> (2)     As used in this section, HOUSING FOR OLDER PERSONS means housing that is as follows:</div> <div> (a)     Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program).</div> <div> (b)     Intended for, and solely occupied by, persons 62 years of age or older.</div> <div> (c)     Intended and operated for occupancy by at least one person 55 years of age or older per unit.</div> <div> (Ord. 432, passed 5-8-95)  Penalty, see § 10.99</div> <bR> <div> § <B>93.10  ADMINISTRATIVE ENFORCEMENT.</B></div> <div> (A)     The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commission as set forth in division (B) of this section shall be vested in the Mayor of the city.</div> <div> (B)     Notwithstanding the provisions of I.C. 22-9.5-4-8, the city, because of a lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this chapter, herein elects to refer all formal complaints of violation of the articles of this chapter</div> <div> by complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to I.C. 22-9.5-6, and the Mayor shall refer all complaints to the Commission as provided for under division (A) of this section to the Commission for purposes of investigation, resolution and appropriate relief as provided for under I.C. 22-9.5-6.</div> <div> (C)     All executive departments and agencies of the city shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter, and shall cooperate with the Mayor and the Commission to further those purposes.</div> <div> (D)     The Mayor of the city, or the Mayor's designee, shall provide information on remedies available to any aggrieved person or complainant requesting that information.</div> <div> (Ord. 432, passed 5-8-95)</div> <bR> <div> <B>CHAPTER 94:  ABANDONED VEHICLES</B></div> <div> Section</div> <bR> <div> General Provisions</div> <div> 94.01     Short title</div> <div> 94.02     Definitions</div> <div> 94.03     Declaration of nuisance</div> <div> 94.04     Exemptions</div> <div> 94.05     Responsibility and liability of owner of abandoned vehicle or parts</div> <div> 94.06     Revolving fund</div> <bR> <div> Administrative Procedures</div> <div> 94.15     Discovery of possession by person other than vehicle owner</div> <div> 94.16     Notice to Bureau of vehicle discovered in possession of person other than owner; search; notice to buyer</div> <div> 94.17     Inability to determine ownership; declaring vehicle abandoned</div> <div> 94.18     Release to owner or lienholder of stored vehicle</div> <div> 94.19     Release; contents; notice by towing operators</div> <div> 94.20     Failure of owner or lienholder to appear; declaring vehicle abandoned</div> <div> 94.21     Tagging abandoned vehicle or parts</div> <div> 94.22     Officer's abandoned vehicle report; photographs</div> <div> 94.23     Vehicle or parts valued at less than one hundred dollars; disposal; retention by Bureau of report and photographs</div> <div> 94.24     Vehicle or parts valued at one hundred dollars or more; duties of tagging officer; tow and storage of vehicle or parts</div> <div> 94.25     Discovery of vehicle abandoned on rental property</div> <div> 94.26     Towing vehicle from rental property</div> <div> 94.27     Notice to Bureau given by operator towing vehicle from rental property</div> <div> 94.28     Complaint by person owning or controlling private property</div> <div> 94.29     Abandoned vehicle report; description and information; name and address of owner or lienholder</div> <div> 94.30     Search by Bureau for owner or lienholder; notice to owner or lienholder</div> <div> 94.31     Means of vehicle identification not available; disposal without notice</div> <div> 94.32     Public sale by Bureau; notice</div> <div> 94.33     Purchasers at public sales; bill of sale; fees; roadworthiness of vehicle</div> <div> 94.34     Payment of removal, storage and disposition costs; cost limits</div> <div> 94.35     Sale proceeds credited against removal, storage and disposition costs</div> <div> 94.36     Sales by local units; deposit of proceeds; payment of public agency costs; appropriations</div> <div> 94.37     Fiscal body procedures established by ordinance; abandoned vehicle fund</div> <div> 94.38     Public agencies; personnel, property and towing contracts; fiscal body ordinances</div> <div> 94.39     Liability for loss or damage to vehicle or vehicle parts</div> <bR> <div> <B>GENERAL PROVISIONS</B></div> <div> § <B>94.01  SHORT TITLE.</B></div> <div> This chapter shall hereafter be known and cited as the “Abandoned Vehicle Ordinance.”</div> <bR> <div> § <B>94.02  DEFINITIONS.</B></div> <div> For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.</div> <div> ABANDONED.  When used in conjunction with the term vehicle, means:</div> <div> (1)     Any vehicle located on public premises which does not have lawfully affixed thereto or displayed thereon a valid unexpired license plate and inspection sticker permitting its operation upon the highways of this state.</div> <div> (2)     Any vehicle which is left on public premises continuously without being moved for a period of seven days.</div> <div> (3)     Any vehicle located on public premises illegally or in such manner as to constitute a hazard or unreasonable obstruction to the movement of pedestrian or other vehicle traffic on a public right-of-way, street or highway.</div> <div> (4)     Any vehicle that has remained on private premises without the consent of the owner or person in control of such premises, for more than 48 hours.</div> <div> (5)     Any vehicle from which there has been removed the engine or transmission or differential or which is otherwise partially dismantled or inoperable and left on public premises.</div> <div> (6)     Any vehicle from which there has been removed the engine or transmission or differential or which is otherwise partially dismantled or inoperable and left unattended for more than 180 days on private premises in a location visible from public premises and/or private premises at ground level.</div> <div> (7)     Any vehicle which has been removed by a towing service or a public agency upon request of an officer enforcing a provision of this code, statute or ordinance of the city other than this chapter, the violation of which may require the removal and impoundment of such motor vehicle and which motor vehicle once impounded is not claimed or redeemed by the owner or his agent within 30 days of its removal.</div> <div> AUTOMOBILE WRECKER.  An automobile wrecking and parts business.</div> <div> BUREAU.  The Bureau of Motor Vehicles of the state.</div> <div> COMMISSIONER.  The Commissioner of the Bureau.</div> <div> DISPOSAL AGENT.  Any firm or individual engaged in business as a scrap metal processor or automobile wrecker.</div> <div> OFFICER.  Any regular member of the Indiana State Police, any regular member of the Berne Police Department, or any regular member of the Ohio County Sheriff's Department.</div> <div> OWNER.  The last known record title holder to a vehicle according to the records of the Bureau under the provisions of I.C. 9-17.</div> <div> PARTS.  All component parts of a vehicle which are in a state of disassembly, or are assembled with other vehicle component parts, but which, in their state of assembly, do not constitute a complete vehicle.</div> <div> PRIVATE PREMISES.  All privately owned property which is not classified within the definition of public premises.</div> <div> PUBLIC PREMISES.  Any public right-of-way, street, highway, alley, park or other state, county or municipally owned property.</div> <div> SCRAP METAL PROCESSOR.  An establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron and scrap steel or nonferrous scrap for sale.</div> <div> TOWING SERVICE.  A business organized for the purpose of moving or removing disabled motor vehicles, and, once removed, to store or impound such motor vehicles.</div> <div> VEHICLE.  Any motor vehicle, automobile, motorcycle, truck, trailer, semitrailer, truck tractor, bus, school bus, house car or motor bicycle.</div> <bR> <div> § <B>94.03  DECLARATION OF NUISANCE.</B></div> <div> It shall be unlawful and is hereby declared a nuisance for any person to keep, park, store or permit to be kept, parked or stored an abandoned vehicle, as the same is hereinabove defined within the city limits.</div> <div> Penalty, see § 10.99</div> <bR> <div> § <B>94.04  EXEMPTIONS.</B></div> <div> The provisions of this chapter shall not apply to:</div> <div> (A)     Any vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;</div> <div> (B)     Any vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;</div> <div> (C)     Any vehicle located on a vehicle sale lot, at a commercial vehicle servicing facility;</div> <div> (D)     A vehicle located upon property licensed or zoned as an automobile scrap yard.</div> <div> (E)     Any motor vehicle eligible for registration and licensing under I.C. 9-18-12-1 through 9-18-12-6 as an antique vehicle.</div> <bR> <div> § <B>94.05  RESPONSIBILITY AND LIABILITY OF OWNER OF ABANDONED VEHICLE OR PARTS.</B></div> <div> The person who owns an abandoned vehicle or parts is:</div> <div> (A)     Responsible for the abandonment; and</div> <div> (B)     Liable for all of the costs incidental to the removal, storage, and disposal of the vehicle or the parts under this chapter.</div> <bR> <div> § <B>94.06  REVOLVING FUND.</B></div> <div> (A)     There is hereby created the city Abandoned Vehicle Fund which shall be a revolving fund, and all moneys paid to the city for the cost of removal, storage and disposal of abandoned vehicles shall be placed in such fund and in no other place.</div> <div> (B)     Such fund shall also have added to it such moneys as may be appropriated by the Common Council and such moneys also shall not revert but shall remain in the Abandoned Vehicle Fund.</div> <bR> <div> <B>ADMINISTRATIVE PROCEDURES</B></div> <div> § <B>94.15  DISCOVERY OF POSSESSION BY PERSON OTHER THAN VEHICLE OWNER.</B></div> <div> When an officer discovers a vehicle in the possession of a person other than the person who owns the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place.</div> <div> (I.C. 9-22-1-5)</div> <bR> <div> § <B>94.16  NOTICE TO BUREAU OF VEHICLE DISCOVERED IN POSSESSION OF PERSON OTHER THAN OWNER; SEARCH; NOTICE TO BUYER.</B></div> <div> The Bureau shall be notified within 72 hours of the location and description of a vehicle described in § 94.15.  Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the person who owns the vehicle under § 94.30.</div> <div> (I.C. 9-22-1-6)</div> <bR> <div> § <B>94.17  INABILITY TO DETERMINE OWNERSHIP; DECLARING VEHICLE ABANDONED.</B></div> <div> If the person who owns a vehicle cannot be determined by a search under § 94.30, the Bureau shall declare the vehicle abandoned and provide for disposal under this chapter.</div> <div> (I.C. 9-22-1-7)</div> <bR> <div> §<B> 94.18  RELEASE TO OWNER OR LIENHOLDER OF STORED VEHICLE.</B></div> <div> If the properly identified person who owns or holds a lien on a vehicle appears at the site of storage before disposal of the vehicle or parts and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released.</div> <div> (I.C. 9-22-1-8)</div> <bR> <div> § <B>94.19  RELEASE; CONTENTS; NOTICE BY TOWING OPERATORS.</B></div> <div> The release must state the name, signature, and address of the person who owns or holds a lien on the vehicle, a description of the vehicle or parts, costs, and date of release.  A towing operator shall notice the Bureau of all releases under § 94.18.</div> <div> (I.C. 9-22-1-9)</div> <bR> <div> §<B> 94.20  FAILURE OF OWNER OR LIENHOLDER TO APPEAR; DECLARING VEHICLE ABANDONED.</B></div> <div> If the person who owns or holds a lien under § 94.18 does not appear and pay all costs, the Bureau shall declare the vehicle abandoned and provide for disposal under this chapter.</div> <div> (I.C. 9-22-1-10)</div> <bR> <div> § <B>94.21  TAGGING ABANDONED VEHICLE OR PARTS.</B></div> <div> An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:</div> <div> (A)     The date, time, officer's name, public agency, and address and telephone number to contact for information.</div> <div> (B)     That the vehicle or parts are considered abandoned.</div> <div> (C)     That the vehicle or parts will be removed after 72 hours.</div> <div> (D)     That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.</div> <div> (E)     That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.</div> <div> (I.C. 9-22-1-11)</div> <bR> <div> § <B>94.22  OFFICER'S ABANDONED VEHICLE REPORT; PHOTOGRAPHS.</B></div> <div> If a vehicle or a part tagged under § 94.21 is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts.  Photographs shall be taken to describe the condition of the vehicle or parts.</div> <div> (I.C. 9-22-1-12)</div> <bR> <div> § <B>94.23  VEHICLE OR PARTS VALUED AT LESS THAN ONE HUNDRED DOLLARS; DISPOSAL; RETENTION BY BUREAU OF REPORT AND PHOTOGRAPHS.</B></div> <div> If in the opinion of the officer the market value of an abandoned vehicle or parts determined under § 94.22 is less than $100, the officer shall immediately dispose of the vehicle to an automobile scrap yard.  A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the Bureau.  The public agency disposing of the vehicle shall retain the original records and photographs for at least two years.</div> <div> (I.C. 9-22-1-13)</div> <bR> <div> § <B>94.24  VEHICLE OR PARTS VALUED AT ONE HUNDRED DOLLARS OR MORE; DUTIES OF TAGGING OFFICER; TOW AND STORAGE OF VEHICLE OR PARTS.</B></div> <div> If in the opinion of the officer the market value of the abandoned vehicle or parts determined under § 94.22 is at least $100, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.  After 72 hours, the officer shall require the vehicle or parts to be towed to a storage area.</div> <div> (I.C. 9-22-1-14)</div> <bR> <div> § <B>94.25  DISCOVERY OF VEHICLE ABANDONED ON RENTAL PROPERTY.</B></div> <div> (A)     A person who finds a vehicle believed to be abandoned on private property that the person owns or controls, including rental property may:</div> <div> (1)     Obtain the assistance of an officer under § 94.28 to have the vehicle removed; or</div> <div> (2)     Personally arrange for the removal of the vehicle by complying with subsection (B) of this section and § 94.26.</div> <div> (B)     If the person wishes to personally arrange for the removal of the vehicle, the person  shall attach in a prominent place a notice tag containing the following information:</div> <div> (1)     The date, time, name and address of the person who owns or controls the private property and a telephone number to contact for information.</div> <div> (2)     That the vehicle is considered abandoned.</div> <div> (3)     That the vehicle will be removed after 72 hours.</div> <div> (4)     That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.</div> <div> (5)     That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.</div> <div> (I.C. 9-22-1-15)</div> <bR> <div> §<B> 94.26  TOWING VEHICLE FROM RENTAL PROPERTY.</B></div> <div> (A)     If after 72 hours the person who owns a vehicle believed to be abandoned on private property that the person owns or controls, including rental property, has not removed the vehicle from the private property, the person who owns or controls the private property may have the vehicle towed from the private property.  The towing operator shall do the following:</div> <div> (1)     Contact the Bureau to obtain the name and address of the person who owns the vehicle.</div> <div> (2)     Deliver, by certified mail, a copy of the information contained in the notice required under § 94.25 to the person who owns the vehicle.  The notice required by this division must be given not later than five business days after the vehicle is removed.</div> <div> (B)     Notwithstanding division (A), in an emergency situation a vehicle may be removed immediately.  As used in this subsection, EMERGENCY SITUATION means that the presence of the abandoned vehicle interferes physically with the conduct of normal business operations of the person who owns or controls the private property or poses a threat to the safety or security of persons or property, or both.</div> <div> (I.C. 9-22-1-16)</div> <bR> <div> §<B> 94.27  NOTICE TO BUREAU GIVEN BY OPERATOR TOWING VEHICLE FROM RENTAL PROPERTY.</B></div> <div> A towing operator who tows a vehicle under § 94.26 shall give notice to the public agency and Bureau that the abandoned vehicle is in the possession of the towing operator.</div> <div> (I.C. 9-22-1-17)</div> <bR> <div> § <B>94.28  COMPLAINT BY PERSON OWNING OR CONTROLLING PRIVATE PROPERTY.</B></div> <div> Under complaint of a person who owns or controls private property that a vehicle has been left on the property for at least 48 hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in §§ 94.21 through 94.24.</div> <div> (I.C. 9-22-1-18)</div> <bR> <div> § <B>94.29  ABANDONED VEHICLE REPORT; DESCRIPTION AND INFORMATION; NAME AND ADDRESS OF OWNER OR LIENHOLDER.</B></div> <div> (A)     Within 72 hours after removal of an abandoned vehicle to a storage area under §§ 94.23, 94.24 or 94.26, the public agency or storage lot shall prepare and forward to the Bureau an abandoned vehicle report containing a description of the vehicle, including the following information concerning the vehicle:</div> <div> (1)     The make.</div> <div> (2)     The model.</div> <div> (3)     The identification number.</div> <div> (4)     The number of the license plate.</div> <div> (B)     The public agency or storage lot shall request that the Bureau advise the public agency or storage lot of the name and most recent address of the person who owns or holds a lien on the vehicle.</div> <div> (I.C. 9-22-1-19)</div> <bR> <div> §<B> 94.30  SEARCH BY BUREAU FOR OWNER OR LIENHOLDER; NOTICE TO OWNER OR LIENHOLDER.</B></div> <div> Upon receipt of an abandoned vehicle report under § 94.29, the Bureau shall do the following:</div> <div> (A)     Conduct a reasonable search through the National Automobile Theft Bureau and the State Police Department to determine whether the vehicle or parts have been reported as stolen.</div> <div> (B)     Conduct a reasonable search of Bureau records to determine the person who owns the vehicle or parts or the person who holds the lien of record.</div> <div> (C)     If a reasonable search discloses the name and address of the person who owns or holds a lien on the vehicle, mail a written notice, by first class mail, to:</div> <div> (1)     The person who owns the vehicle, with a copy to each person who holds a lien on the vehicle if the Bureau disposes of the vehicle; or</div> <div> (2)     The public agency if the public agency disposes of the vehicle;</div> <div> indicating that the vehicle or parts have been impounded at a certain location and must be removed within 15 days of the date of mailing of the notice and advising that the vehicle or parts will be disposed of after that time.  The notice must advise the person who owns or holds a lien on the vehicle that all costs incurred in removing and storing the vehicle or parts are the person's legal responsibility.</div> <div> (I.C. 9-22-1-20)</div> <bR> <div> § <B>94.31  MEANS OF VEHICLE IDENTIFICATION NOT AVAILABLE; DISPOSAL WITHOUT NOTICE.</B></div> <div> If a vehicle or parts are in such a condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of without notice.</div> <div> (I.C. 9-22-1-21)</div> <bR> <div> § <B>94.32  PUBLIC SALE BY BUREAU; NOTICE.</B></div> <div> (A)     This section applies to the Bureau.</div> <div> (B)     If the person who owns or holds a lien upon a vehicle does not appear within 15 days after the mailing of a notice under § 94.30, the Bureau shall sell the vehicle or parts to the highest bidder at a public sale.  Notice of the sale shall be given under I.C. 5-3-1, except only one newspaper insertion one week before the public sale is required.</div> <div> (I.C. 9-22-1-22)</div> <bR> <div> §<B> 94.33  PURCHASERS AT PUBLIC SALES; BILL OF SALE; FEES; ROADWORTHINESS OF VEHICLE.</B></div> <div> A person who purchases a vehicle under § 94.32 shall be furnished a bill of sale for each abandoned vehicle sold by the Bureau or public agency upon paying the fee for a bill of sale under I.C. 9-29-7.  A person who purchases a vehicle under § 94.32 must:</div> <div> (A)     Present evidence from a law enforcement agency that the vehicle purchased is roadworthy, if applicable; and</div> <div> (B)     Pay the appropriate title fee under I.C. 9-29-4;</div> <div> to obtain a certificate of title under I.C. 9-17 for the vehicle.</div> <div> (I.C. 9-22-1-24)</div> <bR> <div> §<B> 94.34  PAYMENT OF REMOVAL, STORAGE AND DISPOSITION COSTS; COST LIMITS.</B></div> <div> The costs for removal and storage of an abandoned vehicle or parts not claimed by the person who owns or holds a lien on a vehicle shall be paid from the abandoned vehicle account established under § 94.37.  The charge payable by the person who owns or holds a lien on a vehicle for towing, storing, or removing an abandoned vehicle or parts may not exceed the limits established by ordinance adopted under § 94.37.</div> <div> (I.C. 9-22-1-25)</div> <bR> <div> § <B>94.35  SALE PROCEEDS CREDITED AGAINST REMOVAL, STORAGE AND DISPOSITION COSTS.</B></div> <div> The proceeds of sale of an abandoned vehicle or parts under § 94.32 shall be credited against the costs of the removal, storage, and disposal of the vehicle.</div> <div> (I.C. 9-22-1-26)</div> <bR> <div> § <B>94.36  SALES BY LOCAL UNITS; DEPOSIT OF PROCEEDS; PAYMENT OF PUBLIC AGENCY COSTS; APPROPRIATIONS.</B></div> <div> (A)     This section applies to sales of abandoned vehicles or parts by local units.</div> <div> (B)     The proceeds from the sale of abandoned vehicles or parts, including:</div> <div> (1)     Charges for bills of sale; and</div> <div> (2)     Money received from persons who own or hold liens on vehicles for the cost of removal or storage of vehicles;</div> <div> shall be deposited with the County Treasurer or City Controller and placed by the Treasurer or Controller in the unit's abandoned vehicle fund.</div> <div> (C)     The costs incurred by a public agency in administering this chapter shall be paid from the abandoned vehicle fund.</div> <div> (D)     The fiscal body shall annually appropriate sufficient money to the fund to carry out this chapter.  Money remaining in the fund at the end of a year remains in the fund and does not revert to the general fund.</div> <div> (E)     Notwithstanding division (D), the fiscal body of a consolidated city may transfer money from the fund.</div> <div> (I.C. 9-22-1-27)</div> <bR> <div> § <B>94.37  FISCAL BODY PROCEDURES ESTABLISHED BY ORDINANCE; ABANDONED VEHICLE FUND.</B></div> <div> (A)     The fiscal body shall, by ordinance, establish procedures to carry out this chapter, including the following:</div> <div> (1)     The charges allowed for towing and storage of abandoned vehicles, which shall be filed with the Bureau.</div> <div> (2)     The means of disposition of vehicles.</div> <div> (B)     The fiscal body shall establish an abandoned vehicle fund for the purposes of this chapter.</div> <div> (I.C. 9-22-1-30)</div> <bR> <div> §<B> 94.38  PUBLIC AGENCIES; PERSONNEL, PROPERTY AND TOWING CONTRACTS; FISCAL BODY ORDINANCES.</B></div> <div> To facilitate the removal of abandoned vehicles or parts, a public agency may:</div> <div> (A)     Employ personnel;</div> <div> (B)     Acquire equipment, property, and facilities; and</div> <div> (C)     Enter into towing contracts;</div> <div> for the removal, storage, and disposition of abandoned vehicles and parts.  The fiscal body may, by ordinance, establish procedures to carry out this section.</div> <div> (I.C. 9-22-1-31)</div> <bR> <div> § <B>94.39  LIABILITY FOR LOSS OR DAMAGE TO VEHICLE OR VEHICLE PARTS.</B></div> <div> The following are not liable for loss or damage to a vehicle or parts occurring during the removal, storage, or disposition of a vehicle or parts under this chapter:</div> <div> (A)     A person who owns, leases, or occupies property from which an abandoned vehicle or parts are removed.</div> <div> (B)     A public agency.</div> <div> (C)     A towing service.</div> <div> (D)     An automobile scrap yard.</div> <div> (I.C. 9-22-1-32)</div> <bR> </td> </tr><tr> <td valign="top" height=20 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> 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