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Home My Public Portal About1997-11 City CodeORDINANCE NO. 1997 -11 AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES FOR THE CITY OF GREENCASTLE, INDIANA; ESTABLISHING THE SA,vtE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN. EXCEPT AS HEREIN PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE AND OFFICIALLY ADOPTING THE GREENCASTLE CITY CODE, AND PASSING ORDINANCES ADDRESSING FEES, FINES AND REGULATIONS. cherew. Indiana Gale § 36 -1 -5 -3 mandates that the legislative body of every City, Town, and County shall codify all of their ordinances which are of a general and permanent nature into a complete and simplified Code; and C Merew,, the City of Greencastle has reviewed all of their laws and has identified all laws which should become part of the Greencastle City Code: and (_ Merea s, , the Common Council of Greencastle. Indiana. believes that this codification and adoption of the Greencastle City Code is in the best interests of the City. ® gYom, lherefore, be it ordeined by The Common Council of the City of Greencastle. 9ndiend, as follows: (Section I. The following codification and revision of ordinances consisting of Chapters 1 through 12, inclusive, entitled "Greencastle City Code", two (2) copies of which shall be kern on file in the office of the Clerk- Treasurer is hereby adopted and enacted as the Greencastle City Code for the City of Greencastle, Putnam County, State of Indiana. The format of the Greencastle Ciry Code is as follows: Title Page Preface Page Table of Contents Page Certification Page Public Officials Page A Brief History of Greencastle, Indiana Chapter 1 - General Provisions. Chapter 2 - City Administration. Chapter 3 - City Legislative Branch. ® Chapter 4 - Fees, Licenses, Permits and Franchises. Chapter 5 - Parks and Recreation. Chapter 6 - Public Health and Safety. Greencastle CityCOde Adopting Ordinance Page 2 Chapter 7 - Building and Construction Regulations. Chapter 8 - Traffic and Paricing Regulations. Chapter 9 - Utilities. Chapter 10 - Zoning and Subdivisions. Chapter 11 - Comparative Tables. Chapter 12 - Cade Index. It shall be treated and considered as a codification and revision of ordinances of the City of Greencastle which shall supersede all other general and permanent ordinances passed and adopted by the Common Council on or before December 17, 1996, the date when Ordinance No. 1996 -25 was passed, the last Ordinance included therein, except those exceptionally saved from repeal or continued as restatements or reenactments of original ordinances and amendments thereto which are in full force and effect for any purpose. d eCH017 2 . All provisions of the Greencastle City Code shall be in full force and effect following publication of this ordinance, and all ordinances of a general and permanent nature of the City of Greencastle, Indiana, enacted on final passage on or before December 17, 1996 and not incorporated in this Greencastle City Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as herein provided. &CH017 3. The repeal provided for in Section 11 shall not affect any offense or act committed or done or any penaity or forfeiture incurred or imposed before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the Council, not in conflict or inconsistent with the provisions of such Cade; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the Council of any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening or establishing grades of any street or public way in the City; nor shall such repeal affect any ordinance levying or imposing taxes not included herein; nor shall such repeal affect any ordinance or resolution relating to salaries of City employees; nor shall such repeal affect any ordinance providing for local improvements and levying special assessments therefor, nor shall such repeal affect any ordinance dedicating or accepting any plat or ordinance extending the boundaries of the City; nor shall such repeal affect any ordinance or resolution establishing, re- establishing or modifying the boundaries or zoning districts, or changing the zoning classification of any lot or parcel of land; or vacations of public property; or real or personal tax abatement. Each of the above - mentioned ordinances shall in no way be repealed by this ordinance except as the same may be in conflict with the provisions of such Code. &CHOrl 4 . Any and all additions or amendments to such Code, when passed in such form Greencastle CityCode Adopting Ordinance Page 3 L] as to indicate the intention of the Council to make the same a part thereof, shall be deemed to be incorporated in such Code, so that reference to the Greencastle City Code shall be understood and intended to include such additions and amendments. V eCH017 5 . Two (2) copies of the Greencastle Cit Code shall be kept on file in the office of the City Clerk- Treasurer, or someone authorized by her, to insert into their designated places all amendments or ordinances which indicate the intention of the Council to make the same a part of such Code when the same shall have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the Council. A copy of such Code shall be available to all persons desiring to examine the same and shall be considered the official Code of the City of Greencastle. Indiana. &CH017 6. It shall be unlawful for anv persons. firm. or corporation to change by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the Code, anv ordinance, or the law of the Citv of Greencastle to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in 148 of "General Penalties" of the Greencastle Ciry Code. ® dedion 7. It is hereby declared to be the intention of the Common Council that the Sections, paragraphs, sentences, clauses, phrases of such Code are severable and if any phrase, clause, sentence, paragraph, Section, Article, Division, or Chapter of such Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of such Code. (5eCH017 8 . Whenever in this ordinance or in such Code an act is prohibited or is made or declared to be unlawful or an offense, or whenever in this ordinance or in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this ordinance or of such Code shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500.00). The fine assessed for the violation of any ordinance requiring a license may be a sum equal to twice the amount required by the ordinance to be paid for such license, unless otherwise provided. d eCdion -9 . In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of such Code shall be deemed a public nuisance and may be by the City abated as provided by law, and each day such condition shall continue to be regarded as a new and separate offense. ® 6eCH017 10 . . All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Greencastle CirvCode Adopting Ordinance Page 4 &ChOn - /1. This ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Common Council of the City of Greencastle, Indiana, on q - 13-day of � 1997. t" Common Council of Greencastle, Indiana s W3 Pamela S. Jones, City'lerk- Treasurer ��est � .�egali7y: Joint R Zeiner, City Attom� Thomas W. Roach, Cou cil Member of First Ward / l � , Mari N. Hamm , . er, Council Member of Second Ward KietfiA Green. Council Member for Third Ward Z?5rLLI >—'3y;. Barry B and , Councii Member for Fourth Ward David Masten, Council Member-at -Large 6 ned and approved by me, Nancy A. Michael, the Mayor of the City of Greencastle, Indiana, this-l3th-day of May, 1997. G lQz�, Nancy A. Mich-26, Mayor 9