1997 Ordinances

Home‎ > ‎Ordinances‎ > ‎

Ordinance 1997-1

ORDINANCE REGARDING TOWN RESPONSIBILITY ON WATER LINES

WHEREAS, issues have arisen in the past as to who is responsible for the maintenance, repair, and replacement of water lines as between the Town of Millersburg and property owners within the Town;

WHEREAS, the Town has the legal right to access water lines only within the Town’s right of way;

WHEREAS, when new water service is installed for a property, the Town, as part of the installation of water service a curb stop valve within the right of way, but the owner finishes the installation from the curb stop valve to the improvements on the property, and the Town Council does not believe that it is prudent for the Town to accept responsibility for the portion of the water line not installed by the Town;

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED AND ORDAINED by the Town Council of the Town of Millersburg, Indiana as follows:

1. The Town accepts responsibility for maintenance, repair, and replacement of the water line only to and including the curb stop valve at each water service installation, and each property owner shall be responsible for maintenance, repair, and replacement of the water line between the curb stop valve and the property owner’s improvements.

2. At water service installations where a water meter pit is on the property owner’s side of the curb stop valve, the Town’s responsibility for maintenance, repair, and replacement of the water line will end at the curb stop valve, and the responsibility for maintenance, repair, and replacement of the meter pit shall be that of the property owner.

3. The Town shall supply a meter horn for each water service. The property owner shall be responsible for the installation and maintenance of the meter horn, and the Town shall be responsible for the maintenance, repair, and replacement of the meter and remote readout.

4. This Ordinance shall not affect in any manner the liability of any party for damage to the water line due to a party’s negligent or wrongful acts.

5. This Ordinance shall be effective upon its passage by the Town Council.

ADOPTED, ESTABLISHED AND ORDAINED this 20th day of January, 1997.

RESOLUTION 1997-4

WHEREAS, The Millersburg Town Council has made and passed a motion at the February 3, 1997 town council meeting to change the towns current prescription card to a new policy.

NOW THEREFORE, the Millersburg Town Council has agreed to a co—payment of 50/50 up to the $100.00 deductible per person for the new prescription card policy.

THEREFORE, the undersigned members of the Millersburg Town Council hereby approve that line #124p Prescription Card be added to the appropriated budget lines and that the amount of $600.00 be transferred into line 12 Prescription Card from line 124 Health Insurance, effective upon passage of this resolution.

Motion to pass this 3rd day of March, 1997.

Ordinance 1997-8

ORDINANCE ESTABLISHING HOURS FOR COOK STATION PARK

WHEREAS, the Millersburg Park and Recreation Board has recommended that Cook Station Park be open to the public from 6:00 am to 11:00 pm between April 2 and November 1, and from 6 a.m. to 9:00 p.m. between November 2 and April 1;

WHEREAS, Cook Station Park is owned. by the Town of Millersburg, and is within the jurisdiction of the Millersburg Town Council;

WHEREAS, the Millersburg Town Council believes that it will promote public safety and help to prevent peoples usage of the Park from becoming a nuisance to Town residents to limit the hours that the Park can be used;

NOW, THEREFORE BE IT ORDERED, ESTABLISHED AND ORDAINED, by the Town Council of the Town of Millersburg, Indiana as follows;

Section 1. Cook Station Park shall be open to the public from 6:00 a.m. to 11:00 p.m. between and including the dates of April 2 through November 1, and from 6:00 a.m. to 9:00 p.m. between and including the dates of November 2 through April 1.

Section 2. It shall be a violation of this Ordinance for any individual to be within the boundaries of Cook Station Park during hours other than set forth in paragraph 1 above, except in the event that the individual is participating in an event approved and scheduled by the Millersburg Park and Recreation Board, which event has extended beyond normal Park hours.

Section 3. A $25.00 fine shall be imposed for a violation of this Ordinance.

Section 4. Revenues generated from tines for violations o this Ordinance shall be deposited in the general fund of the Town of Millersburg, Indiana.

Section 5. The Millersburg Park and Recreation Board and the Millersburg Street and Utilities Department are hereby authorized and directed to place a sign or signs at the Cook Station Park setting forth the hours the park is open to the public.

Section 6. This Ordinance shall be effective front and after its passage by the Town Council, publication according to law, and the posting at Cook Station Park of the hours the park is open to the public.

ADOPTED, ESTABLISHED AND ORDAINED, this 7th day of April, 1997.

Ordinance 1997-10

WRECKED, JUNK OR ABANDONED VEHICLES

WHEREAS, the Millersburg Town Council desires to promote the beautification of the town and the protection of the health, welfare, and safety of its residents and others; and

WHEREAS, the Town Council declares it to be dangerous and injurious to health, welfare, and safety for vehicles to be parked or left unattended and abandoned on public or private property, especially those causing potential traffic hazards; and

WHEREAS, the Millersburg Town Council declares abandoned and junk vehicles to be a nuisance and inimical to the goal of beautifying the town.

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED AND ORDAINED by the

Town Council of the Town of Millersburg, Indiana as follows:

1 - Definitions

2 - Abandonment prohibited

3 - Procedure for removal and disposal of abandoned vehicles

4 - Vehicle abandoned on rental property

5 - Abandoned vehicle report

6 - Bureau procedures

7 - Liability

8 - Penalty

9 - Effective date

Section 1. DEFINITIONS

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

“ABANDONED VEHICLE”

(1) Any vehicle located on public property illegally;

(2) Any vehicle which has been left on any public property without being moved for a period of three days or more;

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

(4) Any vehicle that has remained on private property f or more than 48 hours without the consent of the owner or person in control of such property;

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

(6) Any vehicle which has been removed by a towing or wrecker service or a public agency upon the request or order of a police officer enforcing a statute or ordinance if the impounded vehicle is not claimed or redeemed by the owner or his agent within 15 days of its removal;

(7) Any vehicle that is six or more model years old and mechanically inoperable, and is left continuously on private property in a location visible from public property for more than 30 days;

(8) This definition and ordinance do not apply to a vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways; a vehicle stored as the property of a member of the United States Armed Forces who is on active duty assignment; any vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility; any vehicle located upon property licensed or zoned as an automobile scrap yard; any vehicle properly registered and licensed as an antique vehicle; or any vehicle housed in a garage or other building or within a fenced area which blocks the vehicle from public view.

“GARAGE OR OTHER BUILDING.”

As contemplated by this chapter, these words shall be given their ordinary meaning, but shall also be defined so as not to include a tarp, plastic sheeting or any other similar material or impermanent means that are used to cover a vehicle.

“OFFICER” or “POLICE OFFICER”

A sworn member of any law enforcement agency or police department having jurisdiction to enforce this chapter and possessing police powers within the corporate limits of the town.

“OWNER”

The last know record titleholder of a vehicle according to the records of the State Bureau of Motor Vehicles.

“PARTS”

All components of a vehicle that as assembled do not constitute a complete vehicle.

“PRIVATE PROPERTY.”

Any real property located within the corporate limits of the town which is not a public street or highway or other public property, which is owned by a private person.

“PUBLIC PROPERTY.

A public right-of-way, street, highway, alley, park, or other state, county or municipal property.

“REMOVAL AND IMPOUNDMENT.”

The taking of any vehicle considered to be abandoned in violation of this ordinance by a police officer from its location by a duly-authorized towing or wrecker service to a storage facility either owned by the town or the wrecker or towing service on the request or orders of the officer, and the storage of the vehicle until it is claimed or otherwise disposed of pursuant to this chapter.

“STREET OR HIGHWAY.

The entire width of any public way or property which has been dedicated as a public street, highway, or alley that is publicly maintained as such and is open for use by the public for the purpose of vehicular travel within the corporate limits of the town.

“VEHICLE”

An automobile, motorcycle, truck, trailer, semitrailer, truck tractor, tractor, bus, school bus, recreational vehicle, or motorized bicycle.

Section 2 ABANDONMENT PROHIBITED

It shall be unlawful for any person to abandon any vehicle on any public street or highway, other public property, or private property in violation of this chapter. Any person observing any such violation should notify the Town Police Department to report it and the location thereof.

Section 3 PROCEDURE FOR REMOVAL AND DISPOSAL OF ABANDONED VEHICLES

The removal and disposal of abandoned vehicles pursuant to this chapter shall be in accordance with Indiana Code 9-22-1 depending upon the value assessed to the vehicle.

(A) When an officer observes a vehicle or vehicle parts which appear to be abandoned, he shall securely attach to the windshield or other conspicuous place thereon a notice tag containing the following information:

(1) The date, time, officer’s name, name and address of the law enforcement agency of which the officer is a member, and the address and telephone number to contact for information;

(2) That the vehicle or parts are considered abandoned;

(3) That the vehicle or parts will be removed after 72 hours;

(4) That the owner will be held responsible for all costs incidental to the removal, storage, and disposal;

(5) That the owner may avoid these costs by removal of the vehicle or parts within 72 hours.

In addition, a substantially similar notice shall be served upon any adult occupying the real estate on which the vehicle is located and upon the owner of the vehicle if such owner can be found. A notice affixed to any building on the real estate shall constitute notice to the owner and occupant of the real estate. If the real estate is private property and there is no building on the private property, the notice may be affixed at any prominent place on the real estate.

(B) If the tagged vehicle or parts is not moved within 72 hours from the issuance of the notice, the officer shall complete the “Police Officer Report (On Abandoned/Impounded Vehicles)” adopted by the Bureau of Motor Vehicles, including information on the condition, missing parts, and other facts to substantiate the estimated market value. Photographs shall be taken showing the condition of the vehicle or parts.

(C) If in the opinion of the officer the market value of the vehicle or parts is less than $100, the officer shall immediately dispose of the vehicle or parts to an automobile scrap yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle or parts shall be forwarded to the Bureau of Motor Vehicles. The original records and photographs of the vehicle or parts shall be retained for a period of at least two years.

(D) If in the opinion of the officer the market value of the vehicle or parts is at least $100, the officer shall, before placing a notice tag on the vehicle or parts, make a reasonable effort to ascertain the person who owns or is in control of the vehicle or parts and directly notify them to remove the vehicle or parts. After notifying the person who owns the vehicle or parts, or if the officer is unable to do so despite reasonable efforts, the officer shall then affix to the vehicle or parts the notice tag required by paragraph (A) . If the vehicle or parts are not removed within 72 hours thereafter, the officer shall require the vehicle or parts to be towed to a storage area.

(E) In determining whether the vehicle is valued at less than $100 or at $100 or more, the officer shall use the following criteria plus guidelines adopted by the Bureau of Motor Vehicles.

(1) An abandoned vehicle should be valued at less than $100 if:

(a) it is ten or more model years old and has extensive deterioration to the interior or exterior;

(b) It appears to be inoperable because of faulty or missing major parts;

(c) It is five model years old or older and has been extensively destroyed by fire, explosion, vandalism, or other causes (excluding traffic accidents) , and is inoperable.

(2) All other vehicles should be valued at $100 or more.

(3) Vehicles in demand by collectors or auto rebuilders (e.g. 1957 Chevrolet, 1965 Mustang) should be valued over $100.

(F) Before the owner or lien holder of an impounded abandoned vehicle may redeem it from the storage facility, that person must appear at the office of the clerk-Treasurer to pay the appropriate penalty, plus $10.00 as processing costs, in order to obtain a release of the vehicle by the town. The owner or lien holder shall then appear at the storage facility to obtain release of the vehicle, pay all costs incident to the tow and storage, and receive a release from the storage facility. A copy of that release must be forwarded to the Bureau of Motor Vehicles by the storage facility.

Section 4. VEHICLE ABANDONED ON RENTAL PROPERTY

A person who finds a vehicle believed to be abandoned on the person’s rental property shall do the following:

(A) Attach in a prominent place a notice tag containing the following information:

(1) The date, time, name, and address of the person who owns the rental property and a telephone number to contact for information;

(2) That the vehicle is considered abandoned;

(3) That the vehicle will be removed after 72 hours;

(4) That the person who owns the vehicle will be responsible for all costs incidental to the removal, storage, and disposal of the vehicle; and

(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.

(B) If the vehicle is not removed after 72 hours, the person who owns the rental property may have the vehicle towed from the property. The towing operator shall:

(1) Contact the Bureau to obtain the name and address of the person who owns the vehicle; and

(2) Deliver, by certified mail, a copy of the information required in the notice under Section 8 (A) to the person who owns the vehicle within five business days after the vehicle is removed.

Section 5. ABANDONED VEHICLE REPORT

Within 72 hours after removal of an abandoned vehicle to a storage area, the officer or storage area shall prepare and forward to the Bureau of Motor Vehicles an Abandoned Vehicle Report containing a description of the vehicle, including the following information concerning the vehicle:

(A) The make;

(B) The model;

(C) The identification number; and

(D) The number of the license plate.

The officer or storage lot shall request that the Bureau advise the officer or storage lot of the name and most recent address of the person who owns or holds a lien on the vehicle.

Section 6. BUREAU PROCEDURES

The Bureau of Motor Vehicles shall be responsible for conducting a search to determine the names and addresses of the owner of the vehicle or parts and any lienholder of record. The Bureau shall be further responsible for notification of such owner and lienholder and for the sale of the vehicle in compliance with the provisions of Indiana Code 9-22-1.

Section 7. LIABILITY

Neither the owner, lessee or occupant of the property from which an abandoned vehicle or parts are removed, nor the Town of Millersburg, its officers, agents, employees, duly-contracted towing service, or automobile scrap yard are liable for loss or damage to any vehicle or parts occurring during its removal, storage and disposition pursuant to this ordinance.

Section 8. PENALTY

Any person violating the provisions of this ordinance shall be subject to a penalty of $25.00 payable to the Clerk-Treasurer, and any vehicle parked or left standing as an abandoned vehicle or parts in violation of this ordinance shall be subject to being removed, towed and stored at the owner’s expense. If said penalty has not been paid within 15 days after the date of removal of the vehicle, the penalty shall then be $50.00. If the penalty has not been paid within 30 days after the date of removal, the owner shall become subject to a penalty of $500.00.

Section 9. EFFECTIVE DATE

This Ordinance shall be effective from and after its passage by the Town Council and publication according to law.

ADOPTED, ESTABLISHED AND ORDAINED this 19^th day of May, 1997

Ordinance 1997-11

Whereas, It has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; now, therefore:

Section 1: Be it ordained by the Town Council of the Town of Millersburg, Indiana, Elkhart County, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to laws governing the same:

Line	Fund	Requested	Approved
	Crossing Guard	$1,035.00	$1,035.00
	Cable TV	$1,064.00	$1,064.00
101-117	General / Part Time	$883.00	$883.00
101-441m	General / Police Equipment	$3,700.00	$3,700.00
	M.V.H.	$42,671.00	$42,671.00
	L.R. & S.	$18,273.00	$18,273.00
	Park & Recreation	$4,773.00	$4,773.00
	Total:	$72,399.00	$72,399.00

Adopted this 19th Day of May, 1997

Ordinance 1997-13

ORDINANCE DESIGNATING STOP INTERSECTION AT LINCOLN STREET AND
JEFFERSON STREET AND DESIGNATING PENALTIES FORFAILURE TO STOP
AND YIELD RIGHT-OF-WAY AT STOP INTERSECTIONS

WHEREAS, the Town Council of the Town of Millersburg desires to promote traffic safety;

WHEREAS, Indiana Code 9-21-1-2 authorizes a local authority to regulate traffic with respect to the streets and highways under its jurisdiction, and Indiana Code 9-21-1-3 authorizes a local authority to designate an intersection as a stop intersection and require all vehicles to stop at one or more entrances to the intersect-ion, so long as the streets and highways are under the authorities’ jurisdiction;

WHEREAS, Jefferson Street and Lincoln Street in the Town of Millersburg are within the Town Council’s jurisdiction, and the Town Council believes it is in the interest of traffic safety to designate the intersection of Jefferson Street and Lincoln Street as a stop intersection for westbound traffic on Lincoln Street;

WHEREAS, the Town Council desires to establish penalties for failure to stop and yield the right-of-way at all stop intersections within the jurisdiction of the Town of Millersburg;

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, AND ORDAINED by The Town Council of the Town of Millersburg, Indiana as follows:

1. The intersection of Jefferson Street and Lincoln Street in the Town of Millersburg is hereby designated as a stop intersection for westbound traffic on Lincoln Street so that all westbound vehicles on Lincoln Street are required to stop and yield the right of way in compliance with state law before entering this intersection. -

2. The Town of Millersburg Street and Utilities Department is hereby authorized and directed to post a stop sign in accordance with Indiana Code 9-21 for westbound traffic on Lincoln Street at the intersection with Jefferson Street.

3. All vehicles approaching any stop intersection in the Town of Millersburg, as its boundaries may change from time to time, in a direction for which the vehicle is designated to stop at the intersection by stop signs posted in accordance with Indiana Code 9-21 are required to stop and yield the right-of-way in compliance with state law before entering any designated stop intersect-ion.

4. Ordinance violations shall be enforced under proceedings brought pursuant to Indiana Code 34-4-32-1 et seq. ma manner similar to that of infractions with complaint and summons described in Indiana Code 9-30-3-6 issued by the Millersburg Police Department or other police agency. Any person who is found to have violated any provision of this Ordinance, or who violates any future Ordinance designating a stop intersection, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) for each separate offense.

5. Revenues generated from fines for violations of this ordinance shall be deposited in the general fund of the Town of Millersburg, Indiana.

6. This ordinance shall be effective from and after its passage by the Town Council and publication according to law, and upon posting of signs giving notice of the stop intersection at the affected intersection.

Ordinance 1997-18

ORDINANCE VACATING PUBLIC WAYS WITHIN THE INCORPORATED AREAS OF MILLERSBURG, INDIANA

A Petition having heretofore been filed with the Town Council of Millersburg, Indiana by the submission of the petitions to the staff of the Elkhart County Ad Plan Commission on the day of September, 1997, requesting the vacation certain public way within the incorporated area of the Town of Millersburg, Indiana, ; more particularly described therein, said Petition being in the words and figures following, to-wit: (H.I.); and the public hearing before the Elkhart County Advisory Plan Commission and before the Town Council of Millersburg, Indiana having been scheduled as to said Petition, with the Elkhart County Advisory Plan Commission Public Hearing having been held on the 13^th day of November, 1997 and hearing before the Town Council of Millersburg having been held on the 17th day of November, 1997; and formal legal notice, by certified mail, return receipt requested, having been mailed to each owner of land that abuts the public way to be vacated, and formal legal publication notice as to said hearings having been published in the Goshen News on the 30^th day of October, 1997, and in the Elkhart Truth on the 31^st day of October, 1997, advising all necessary parties of the time, place and date of said hearings, said legal notice having been so mailed, and having been so published, being in the words and figures follow: to-wit: (H.I.); and the Town Council of Millersburg, Indiana, pursuant to applicable Indiana law, having received a recommendation from the Elkhart County Plan Commission, and having conducted the public hearing on said Petition c the date set forth in said Notice, and being duly advised in the premises, now finds as follows:

1. That Petition heretofore filed is in proper order, and that proper legal notices of the two (2) public hearings conducted with regard to said petition have been mailed and published.

2. The vacation of the public way in question would not hinder the growth or orderly development of the Town of Millersburg, IN, or the neighborhood in which it is located or to which it is contiguous.

3. The vacation of the public way in question will not make access to the lands c any property owners within the Town of Millersburg, Indiana by means of public w difficult or inconvenient.

4. The vacation of the public way in question will not hinder the public’s access to a church, school or other public building or place.

5. The vacation of the public way in question will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.

NOW, THEREFORE, Be It Ordered, Adjudged and Decreed by the Tow Council of Millersburg, Indiana as follows:

1. That said Petition is hereby, in all respects, approved and confirmed, and the request therein made to vacate a public way is hereby granted.

2. That the following described public ways situate in the incorporated area of the Town of Millersburg, Indiana is hereby vacated, said public way being: described as follows: (SEE ATTACHMENT “A”)

3. That title in fee simple to the above vacated property shall be transferred to the adjoining property owners, extending the boundaries of the adjoining parcels of re estate, by parallel lines, to the centerline of the public way herein vacated.

4. That these proceedings shall not deprive any public utility of the use of all o part of the public way herein granted if at the time these proceedings are instituted the utility is occupying or using all or part of that public way for the location and operation of its facilities.

DATED THIS 17th Day of November, 1997

Resolution 1997-19

RESOLUTION TO THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA,
AUTHORIZING THE IMPLEMENTATION OF A ONE—HOUR MINIMUM AFTER-HOUR
CALL-OUT FOR THE MILLERSBURG TOWN MARSHAL.

WHEREAS, the Town Council, of the Town of Millersburg, Indiana, recognizes the inconvenience of the Marshal being called out after hours and wishes to compensate the Marshal for such;

NOW THEREFORE, BE IT RESOLVED by the Town Council of Millersburg, Indiana, that:

1. The adoption of a policy to allow the Marshal to accumulate a one-hour minimum comp-time on after hour calls is effective upon adoption of this resolution.

Adopted by the Millersburg Town Council on December 1, 1997

Town Of Millersburg

1997 Ordinances

Comments