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Home My Public Portal About023-2003 - _Section 10.99-General Penalty_AMENDED ORDINANCE NO. 23-2003 A GENERAL ORDINANCE AMENDING SECTION 10.99 OF THE RICHMOND CODE REGARDING PENALTIES; AND STRIKING OTHER SECTIONS OF THE CODE WHEREAS, Section 10.99 of the Richmond Code currently establishes a fine of Fifty Dollars ($50.00) for violating any provision of the Code that does not prescribe a different penalty; and WHEREAS, the City wishes to encourage compliance with the provisions of the Code; and WHEREAS, a fine of Fifty Dollars ($50.00) remains sufficient for some violations of the Code; and WHEREAS, increasing the general penalty for violations of other Sections of the Richmond Code will encourage persons to comply with provisions contained in the Code; and WHEREAS, in reviewing the penalty sections in various portions of the Code, it has also been determined that a number of Sections are outdated and should be eliminated. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Section 10.99 of the Richmond Code shall be amended to read as follows, except that portions that appear in bold shall appear in normal print and portions that are stricken shall not appear (bold portions represent new additions to Code and stricken portions represent deletions; these are included to facilitate understanding of the changes being made): 10.99 GENERAL PENALTY (a) Any person adjudged guilty of violating any provision of this Code that does not prescribe a different penalty shall be fined Fifty Dollars ($50.00) and may also be required to pay the costs of prosecution of such violation. (b) Any person adjudged guilty of violating the following provisions of the Richmond Code shall be fined the sum of One Hundred Dollars ($100.00), and proper reference of this fine shall also be made in the applicable Section of the Code, to -wit: (1) Section 90.22 Taxiing an aircraft in an improper manner. (2) Section 90.23 Improperly handling or operating an aircraft. (3) Section 90.24 Failing to remove an aircraft from the airport (4) Section 90.25 Damaging a light or fixture at the airport. (5) Section 90.26 Improper use of flammable liquids at the airport. (6) Section 90.27 Improper fueling of an aircraft. (7) Section 90.28 Repair of an aircraft by a person other than a qualified mechanic. (8) Section 90.29 Interfering with an aircraft without permission of the owner. (9) Section 90.30 Failing to report an accident at the airport to the airport manager. (10) Section 90.33 Improper acts by lessees at the airport (i.e. altering structures, failing to maintain bulletin board for FAA notices). (1 1) Section 93.04 Operating as a private hauler of refuse without receiving approval from the Board of Sanitary. Commissioners or complying with other provisions of 93.04 (12) Section 93.08 Open burning of refuse without approval. (13) Section 94.01 Offensive industries (stockyard, fertilizer plants, slaughterhouse) within %a mile of a residence, church, factory, schoolhouse or other public place or within 500 ft. of a public road. (14) Section 94.02 Possessing live swine within the City. (15) Section 94.04 Storage of machinery or junk vehicles on a premises or propertY- (16) Section 94.30 Creating a dense smoke nuisance. (17) Section 94.31 Interfering with Fire Chief in his efforts to enforce smoke nuisance. (18) Section 94.32 Constructing furnace without permit. (19) Section 94.34 Operating soft coal furnace in non-residential structure in a manner not designed to reduce black smoke emissions. (20) Section 94.35 Operating a stoking furnace in a manner not designed to reduce black smoke emission. (21) Section 95.12 Cruelty to animals in park, capturing animals in park, allowing animals to run at large in City park, unauthorized riding of a horse in City park. (22) Section 95.13 Bringing or landing an aviation device within a City park. (23) Section 95.15 Unauthorized construction work in a City park. (24) Section 95.16 Damaging park property or plants. (25) Section 95.19 Starting a fire in a City park other than in designated areas (26) Section 96.01 Obstructing a City street (27) Section 96.02 Selling of merchandise on a sidewalk without approval from Board of Works. (28) Section 96.03 Constructing an awning or other overhang without approval from the Board of Works. (29) Section 96.04 Constructing a gate that swings over the sidewalk. (30) Section 96.11 Driving on a street under repair. (31) Section 96.20 Constructing a barbed wire fence at a height in which pedestrians may come into contact with such fence (along street or sidewalk). (32) Section 96.23 Discharging a downspout or conductor pipe upon an improved sidewalk. (33) Section 96.25 Damaging a City sidewalk. (34) Section 96.26 Operating a portable engine on a City street without obtaining a permit from the City Engineer. (35) Chapter 105. Constructing a driveway or other highway access without obtaining approval from the Board of Works. (36) Chapter 115. Operating a massage parlor in: a manner not conforming with the provisions of §§ 115.01 — 115.20. (37) Section 118.01 Operating a train at a speed greater than 40 m.p.h. within the city limits. (3 8) Section. 118.06 Failing to maintain a railroad crossing. (39) Section 118.09 Operating a railroad crossing without properly working flashers. (40) Section 130.02 Falsely reporting a fire. (41) Section 130.03 Discharging fireworks within the city limits. (42) Section 130,07 Placing a refrigerator upright in a place accessible to children without removing the doors from the refrigerator prior to its placement. (43) Section 130.15 Obstructing a fire hydrant; opening a fire hydrant without authorization; tampering with fire equipment. (44) Section 150.18 Failing to maintain the exterior of a structure. (45) Section 151.10 Occupying (or causing to be occupied) a dwelling with improper sanitation facilities. (46) Section 151.11 Occupying (or causing to be occupied) a,dwelling with insufficient heating facilities. (47) Section 151.12 Occupying (or causing to be occupied) a dwelling with insufficient lighting, ventilation, or electrical facilities. (48) Section 151.13 Failing to otherwise maintain or care for a structure. (49) Section 151.14 Occupying (or causing to be occupied) a dwelling with insufficient living space and/or proper ingress and egress. (50) Section 151.21 Failing to maintain the neighborhood environment. (51) Section 151.39 Removal of a placard from a rooming house. (52) Chapter 152.00 Operating a mobile home park or constructing a mobile home in a manner not conforming to the provisions of § 152.00. (53) Chapter 153.00 Transferring parcels in subdivision without receiving "subdivision approval" as defined in § 153.00. (c) Each act of violation and every day upon which a violation occurs constitutes a separate offense. In addition to any fines or other penalties, that may be assessable, any person, corporation, or entity violating any provisions of the City Code, other ordinances, contracts, rules, or regulations of the City, its boards, Departments, agencies, or Commissions, shall become liable to the City of Richmond for any expenses, loss or damage caused to the City by reason of such violation including, but not limited to, any corrective, clean-up, evacuation, administrative or other expenses, including legal, investigative, and engineering expenses, and labor and overtime costs (d) The penalties provided by this section ($50.00) and ($100.00) apply to the amendment of any section of this code or any code adopted herein by reference whether or not such penalty is reenacted in the amendatory ordinance. (e) Reference to any section of this code shall be understood to also refer to and include the,penalty section relating thereto, unless otherwise expressly provided. (f) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject such officer or employee to the penalty imposed for violation of this code, unless a penalty is specifically provided. BE IT FURTHER ORDAINED, by the Common Council of the City of Richmond, Indiana, that the following Sections of the Richmond Code shall be eliminated, with summary reference to their topics shown included herein, to -wit: (a) Section 70.22 Propelling a pushcart or riding an animal in a manner not conforming with the provisions of the City Traffic Code. (b) Section 70.26 Failing to file a written report of accident involving more than $200.00 to person(s) or property. (c) Section 95.21 Playing a game or sport in an "inadequate place: within a City park. (d) Section 95.22 Using a kite in an unauthorized place within a City park. (e) Sections 111.01 thru 111.03 Operating a carnival, circus or shooting gallery without obtaining a business license for such activity. (f) Sections 111.13 thru 111.20 Operating a dance hall in a manner not conforming with the provisions of § § 111.13-111.20. (g) Sections 114.01 thru 114.05 Conducting a jewelry auction in a manner not conforming with the provisions of § § 114.01-114.05. (h) Section 151.26 Failing to obtain a rooming house license. Passed and adopted this day o 20031 by the Common Council of the City of Richmond, Indiana. t zo4f President ing Welch) ATT T. City Clerk (Norma chroeder). PRESENTED to the Mayor of the City of Richmond, Indiana, this day o ,,� 2003, at 9:00 a.m. City Clerk (Norma Schroeder) ZOVED me, Shelley D. Miller, Mayor of the City of Richmond, Indiana, this day of 003, at 9:05 a.m. r (Shelley D. iller) i A EST: rity Clerk (Norma Schroeder)