Beech Grove City Code

Section
10.01 Short titles

10.02 Interpretation
10.03 Application to future ordinances
10.04 Definitions
10.05 Rules of construction
10.06 Revivor; effect of amendment or repeal
10.07 Construction of section references
10.08 Conflicting provisions
10.09 Severability
10.10 Reference to offices
10.11 Errors and omissions
10.12 Ordinances repealed
10.13 Ordinances unaffected
10.99 General penalty

§ 10.01 SHORT TITLES.
(A) All ordinances of a permanent and general nature of the municipality
as revised, codified, rearranged, renumbered, and consolidated into component
codes, titles, chapters, and sections shall be known and designated as the Beech
Grove Code of l984, for which designation "codified ordinances" or "code" may
be substituted. Code, title, chapter, and section headings do not constitute any
part of the law as contained in the code. ('67 Code, § 1.01 and § 1.04)
(B) All references to codes, titles, chapters, and sections are to such
components of the code unless otherwise specified. Any component code may
be referred to and cited by its name, such as the "traffic code." Sections may be
referred to and cited by the designation "§" followed by the number, such as "§
10.01." Headings and captions used in this code other than the title, chapter, and
section numbers, are employed for reference purposes only and shall not be
deemed a part of the text of any section. ('67 code, § 10.3)
§ 10.02 INTERPRETATION.
(A) Unless otherwise provided herein, or by law or implication required,
the same rules of construction, definition, and application shall govern the
interpretation of this code as those governing the interpretation of the Indiana
Code.
(B) Where a section of this code is followed by a reference to the Indiana

Code, the reference indicates that the section is analogous or similar to the cited
sections in the Indiana Code. Footnotes, cross-references, and other comments
are by way of explanation only and should not be deemed a part of the text of
any section. ('67 Code, § 1.01)
(C) All provisions of this code are limited in application to the territorial
boundaries of the municipal corporation unless otherwise specifically provided.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I not incompatible with future legislation shall apply to
ordinances hereafter adopted which amend or supplement this code unless
otherwise specifically provided. ('67 Code, § 1.02)
§ 10.04 DEFINITIONS.
For purposes of this code, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
AND. May be read OR, and OR may be read AND, if the sense requires
it. ('67 Code, § 1.04)
ANOTHER. When used to designate the owner of property which is the

subject of an offense, includes not only natural persons but also every other
owner of property.
CITY, MUNICIPAL CORPORATION, MUNICIPALITY, or TOWN. The

municipality of Beech Grove, Indiana. ('67 Code, § 1.04)
COUNCIL. The Common Council of the city.
COUNTY. Marion County, Indiana.
IC. Refers to the Indiana Code.
KEEPER or PROPRIETOR. Includes all persons, whether acting by

themselves or as a servant, agent, or employee.
LAND or REAL ESTATE. Includes rights and easements of incorporeal

nature.
MAY. The act referred to is permissive.
MONTH. A calendar month. ('67 Code, § 1.04)
MUNICIPALITY. The municipality of Beech Grove, Indiana.
OATH. Includes an affirmation.
OWNER. When applied to property, includes any part owner, joint owner,
or tenant in common of the whole or part of such property.
PERSON. Extends to and includes person, persons, firm, corporation,

copartnership, trustee, lessee, or receiver. Whenever used in any clause
prescribing and imposing a penalty, the terms PERSON or WHOEVER as
applied to any unincorporated entity shall mean the partners or members thereof,
and as applied to corporations, the officers thereof.
('67 Code, § 1.04)
PERSONAL PROPERTY. Includes all property except real.
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates and interests.
PUBLIC AUTHORITY. Includes boards of education; the municipal,

county, state, or federal government, its officers or an agency thereof; or any duly
authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school

yard, body of water or watercourse, public conveyance, or any other place for the
sale of merchandise, public accommodation, or amusement.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
REGISTERED MAIL. Includes certified mail.
SHALL. The act referred to is mandatory.
SIDEWALK. That portion of the street between the curb line and the
adjacent property line intended for the use of pedestrians.
STATE. The State of Indiana. ('67 Code, § 1.04)
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways,

viaducts, and all other public thoroughfares within the city.
SUBCHAPTER. A division of a chapter, designated in this code by an

underlined heading in the chapter analysis and a capitalized heading in the body
of the chapter, setting apart a group of sections related by the subject matter of
the heading. Not all chapters have subchapters.
TENANT or OCCUPANT. As applied to premises, includes any person

holding a written or oral lease, or who actually occupies the whole or any part of
such premises, alone or with others.
WRITING. Includes any representation of words, letters, or figures,

whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed; equivalent to the

words YEAR OF OUR LORD. (IC11-1-4-1)
§ 10.05 RULES OF CONSTRUCTION.
The construction of all ordinances of this city shall be by the following
rules, unless such construction is plainly repugnant to the intent of the legislative
body or of the context of the same ordinance. (IC 1-1-4-1)
(A) Words and phrases shall be taken in their plain, ordinary, and usual
sense. But technical words and phrases having a peculiar and appropriate
meaning in law shall be understood according to their technical import. (IC 1-1-
4-1)
(B) As used in the code, unless the context otherwise requires:
(1) The singular includes the plural, and the plural includes the
singular.
(2) Words of one gender include the other genders.
(3) Words in the present tense include the future. ('67 Code, §
1.04)
(C) Calendar; computation of time.
(1) The time within which an act is required by law to be done shall
be computed by excluding the first and including the last day; except that when
the last day falls on a Saturday, a Sunday, a legal holiday, or a day the office in
which the act is to be done is closed during regular business hours, then the act
may be done on the next succeeding day which is not a Saturday, a Sunday, a
legal holiday, or a day on which the office is closed. ('67 Code, § 1.04)
(2) When a public office in which an act required by law is to be

performed is closed to the public for the entire day which constitutes the last day
for doing such act or before its usual closing time on such day, then such act may
be performed on the next succeeding day which is not a Sunday or a legal
holiday.
(3) When a law is to take effect or become operative from and after
a day named, no part of that day shall be included.
(4) If a number of months is to be computed by counting the

months from a particular day, the period ends on the same numerical day in the
concluding month as the day of the month from which the computation is begun,
unless there are not that many days in the concluding month, in which case the
period ends on the last day of that month.
(5) In all cases where the law requires any act to be done in a
reasonable time or reasonable notice to be given, such reasonable time or notice
shall mean the time only as may be necessary for the prompt performance of
such duty or compliance with such notice.
(D) Act by assistants. When a statute requires an act to be done which,

by law, an agent or deputy as well may do as the principal, such requisition shall
be satisfied by the performance of such act by an authorized agent or deputy. (IC
1-1-4-1)
(E) General term. A general term following specific enumeration of terms

is not to be limited to the class enumerated unless expressly so limited. ('67
Code, § 1.04)
(F) Joint authority. Words importing joint authority to three or more

persons shall be construed as authority to a majority of such persons, unless
otherwise declared in the law giving such authority. (IC 1-1-4-1)
(G) Exceptions. The rules of construction shall not apply to any law which
contains any express provision excluding such construction, or when the subject
matter or context of such law may be repugnant thereto.
§ 10.06 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.
(A) The repeal of a repealing ordinance does not revive the ordinance
originally repealed.
(B) When a provision of the code is repealed or amended, the repeal or

amendment does not affect pending actions, prosecutions or proceedings, civil or
criminal. When the repeal or amendment relates to the remedy, it does not affect
pending actions, prosecutions, or proceedings, unless so expressed, nor does
any repeal or amendment affect causes of the action, prosecution, or proceeding,
existing at the time of the amendment or repeal, unless otherwise expressly
provided in the amending or repealing law.
(C) When a provision of the code is repealed, the repeal does not:
(1) Affect any rights or liabilities which exist, have accrued or have
been incurred by virtue of the repealed provision;
(2) Affect an action or proceeding for the enforcement of any rights

or liabilities existing or arising thereunder.
(3) Relieve any person from punishment for an act committed in

violation of the repealed provision;
(4) Affect an indictment or prosecution for a violation of the

repealed provision.
(D) For the purposes of this section, the repealed provision shall continue
in full force and effect notwithstanding the repeal, provided this does not affect
the limitation of actions, prosecutions, or proceedings imposed by any state
statute.
§ 10.07 CONSTRUCTION OF SECTION REFERENCES.
(A) Whenever in one section reference is made to another section hereof,
such reference shall extend and apply to the section referred to as subsequently
amended, revised, recodified, or renumbered unless the subject matter is
changed or materially altered by the amendment or revision. ('67 Code, § 1.06)
(B) Whenever in a penalty section reference is made to a violation of a

section or an inclusive group of sections, the reference shall be construed to
mean a violation of any provision of the section or sections included in the
reference.
(C) References in the code to action taken or authorized under

designated sections of the code include, in every case, action taken or
authorized under the applicable legislative provision which is superseded by the
code.
§ 10.08 CONFLICTING PROVISIONS.
If the provisions of different codes, chapters, or sections of the codified
ordinances conflict with or contravene each other, the provisions bearing the
latest passage date shall prevail. If the conflicting provisions bear the same
passage date, the conflict shall be construed so as to be consistent with the
meaning or legal effect of the subject matter taken as a whole.
§ 10.09 SEVERABILITY.
If any provision of this code as now or later amended or its application to
any person or circumstances is held invalid, the invalidity does not affect other
provisions that can be given effect without the invalid provision or application. (IC
1-1-1-8) ('67 Code, § 1.05)
§ 10.10 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any
office, officer, or employee of the municipality exercising the powers, duties, or
functions contemplated in the provision, irrespective of any transfer of functions
or change in the official title of the functionary. ('67 code, § 1.07)
§ 10.11 ERRORS AND OMISSIONS.
If a manifest error be discovered consisting of the misspelling of any word
or words, the omission of any word or words necessary to express the intention
of the provisions affected, the use of a word or words to which no meaning can
be attached, or the use of a word or words when another word or words was
clearly intended to express such intent, such spelling shall be corrected, and
such word or words supplied, omitted, or substituted as will conform with the
manifest intention, and the provision shall have the same effect as though the
correct words were contained in the text as originally published. No alteration
shall be made or permitted if any question exists regarding the nature or extent of
such error. ('67 Code, § 1.08)
§ 10.12 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the
provisions of a general nature pertaining to the subjects herein enumerated and
embraced. All prior ordinances pertaining to the subjects treated by this code
shall be deemed repealed from and after the effective date of this code of
ordinances.
§ 10.13 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances
pertaining to subjects not enumeratad and embraced in this code of ordinances,
shall remain in full force and effect unless herein repealed expressly or by
necessary implication.
§ 10.99 GENERAL PENALTY.
Where an act or omission is prohibited or declared unlawful in this code of
ordinances, and no penalty is otherwise provided, the offender shall be fined not
more than $l,000 for each offense or violation. A separate offense shall be
deemed committed on each day that a violation occurs or continues.
TITLE III: ADMINISTRATION
Chapter
30. CITY ORGANIZATION
31. COMMON COUNCIL
32. CITY OFFICIALS
33. POLICE DEPARTMENT
34. FIRE DEPARTMENT
35. OTHER DEPARTMENTS, BOARDS, AND COMMISSIONS
36. CITY POLICY
37. EMPLOYMENT POLICIES
38. CITY FINANCE; TAXATION
39. ORDINANCE VIOLATIONS BUREAU

CHAPTER 30: CITY ORGANIZATION
Section
30.01 Organization
§ 30.01 ORGANIZATION.
The government of the city shall consist of four branches, those being as
follow:
(A) Executive branch.
(B) Legislative branch.
(C) Fiscal branch.
(D) Statutory boards and commissions.

(Ord. 2-l983, passed 7-18-83)
CHAPTER 31: COMMON COUNCIL
Section
General Provisions
31.01 Common Council as legislative branch; members

31.02 Clerk of Council
31.03 Meetings
31.04 Presiding Officer
31.05 Agenda
31.06 Order of business; suspension
31.07 Disorderly conduct in Council room
31.08 Introduction, adoption of ordinances
31.09 Robert's Rules of Order applicable
31.10 Appeal from Presiding Officer's decisions
31.11 Abstention
31.12 Salary
Councilmanic Districts
31.20 Councilmanic districts

GENERAL PROVISIONS
§ 31.01 COMMON COUNCIL AS LEGISLATIVE BRANCH; MEMBERS.
(A) The legislative branch of the city is the Common Council. The Council
shall have exclusive authority to adopt ordinances and appropriate tax monies
received by the city, and to perform other necessary and desirable legislative
functions pursuant to IC 36-4-6.
(B) The Common Council shall be composed of seven members, five of

whom are elected from districts and two of whom are elected at large.
(Ord. 2-l983, passed 7-18-83)
Statutory reference:
Composition of Council, see
IC 36-4-6-4
§ 31.02 CLERK OF COUNCIL.
The Clerk-Treasurer shall be the Clerk of the Council and shall perform
the duties prescribed by IC 36-4-6-9 and such other duties as the Council may
direct.
(Ord. 2-l983, passed 7-18-83)
§ 31.03 MEETINGS.
(A) The regular meeting date and time for the Common Council shall be
at 8:00 p.m. on the first and third Monday of each month. Meeting days which
fall on a holiday shall be conducted the day following the holiday at 8:00 p.m. or
as determined by the Common Council at its previous regularly held meeting.
(B) A special meeting of Common Council may be called by the Mayor

upon at least three days notice in writing of the time and purposes of the
meeting, such notice to be given by regular United States mail. All or any
Council members or non-members may waive notice in writing of any special
meeting, or by signing a copy of the minutes of the meeting.
('67 Code, § 30.02) (Ord. 1-1961, passed
1-16-61; Am. Ord. 12-1975, passed 12-15-75; Am. Ord.1-1980, passed 2-4-80;
Am. Ord.
2-l983, passed 7-18-83)
Meetings, see IC 36-4-6-7
§ 31.04 PRESIDING OFFICER.
The Mayor, or in his absence the President Pro-Tempore of the Common
Council, shall be the presiding officer of the Council pursuant to IC 36-4-6-8.
Meetings shall be conducted pursuant to IC 36-4-6-l et seq., and in accordance
with this chapter.
(Ord. 2-l983, passed 7-18-83)
Presiding Officer, see IC 36-4-6-8
§ 31.05 AGENDA.
The Mayor, as presiding officer, shall prepare an agenda for each Council
meeting.
Copies thereof shall be mailed to all Council members and furnished to the Clerk-
Treasurer at least two working days prior to the meeting date. Items to be placed
on the docket shall be delivered to the Mayor or his administrative assistant at
least three working days prior to the meeting date, except in case of an
emergency.
(Ord. 2-l983, passed 7-18-83)
§ 31.06 ORDER OF BUSINESS; SUSPENSION.
(A) The order of business to be followed at a meeting of the Common
Council shall be as follows:
(1) Call to order by the Mayor.

(2) Roll call by the Clerk-Treasurer.
(3) Pledge of allegiance.
(4) Reading of minutes and approval.
(5) Special presentations.
(6) Petitions or comments by citizens.
(7) Reports from committees, boards, and commissions.
(8) Unfinished business, including introduction of ordinances and

resolutions already introduced.
(9) New business, including the introduction of ordinances and

resolutions.
(10) Miscellaneous business, including any matters not already

considered.
(11) Comments from Council members.
(12) Adjournment.
(B) The order of business may be suspended by a two-thirds vote of the

members of the Council elected.
(Ord. 1-l980, passed 2-4-80; Am. Ord.
2-l983, passed 7-18-83)
§ 31.07 DISORDERLY CONDUCT IN COUNCIL ROOM.
(A) No person shall use violent or contemptuous language, behave in a
disorderly manner, or refuse to obey the orders of the Mayor or Presiding Officer
in the Council Room while the Common Council is in session.
(B) The Mayor or Presiding Officer may order the removal from the
Council Room of anyone who intentionally disturbs the decorum of a Council
meeting.
(Ord. 2-l983, passed 7-18-83)
§ 31.08 INTRODUCTION, ADOPTION OF ORDINANCES.
(A) All ordinances and resolutions shall be filed regularly with the Clerk-
Treasurer at least three working days before a regular meeting, except in
emergencies. The Clerk-Treasurer shall, immediately after filing, number the
ordinance and deliver copies to the Mayor and work copies to all Council
members at least two working days prior to the Council meeting at which it is to
be introduced. The Council may waive this rule by a majority vote of those
Council members present at any meeting.
(B) All ordinances shall be read three times before being passed, but the
second and third readings may be by title only, and no ordinance shall pass on
the same day in which it is introduced unless the provisions of IC 36-4-6-13 are
complied with. On passage or adoption of any ordinance or resolution, the yeas
and nays shall be determined by the Mayor and entered in the record by the
Clerk-Treasurer, and the ordinance shall be processed in accordance with IC 36-
4-6-14 through 17.
(C) A majority of the Council members elected shall be present in order to

conduct any business of the Council. All ordinances shall be adopted by at least
a majority vote of the Council elected as defined in IC 36-4-6-11 and 36-4-6-12.
(D) A resolution may be read one time only, and may be passed on the
same day on which it is introduced. Resolutions shall be adopted by a majority
vote of the Common Council elected as defined by IC 36-4-6-11.
(E) All ordinances shall be designated as either general ordinances or

special ordinances. A general ordinance is an ordinance which shall have
general application throughout the city. A special ordinance is an ordinance
which has special application to a particular situation and may not have general
application throughout the city; e.g., an annexation ordinance or the declaration
of property as obsolete.
(Ord. 2-l983, passed 7-18-83)
§ 31.09 ROBERT'S RULES OF ORDER APPLICABLE.
(A) Robert's Rules of Order are adopted to govern the proceedings of
Council meetings, subject, however, to the terms of the ordinances of the city and
state statutes governing such procedure.
(B) The City Attorney shall act as parliamentarian.

(Ord. 2-l983, passed 7-18-83)
§ 31.10 APPEAL FROM PRESIDING OFFICER'S DECISIONS.
Any member may appeal to the Council any decision of the Presiding
Officer. The appeal shall be made by motion duly made and seconded. A
majority vote of those Council members elected shall be necessary to overrule
the Presiding Officer.
(Ord. 2-l983, passed 7-18-83)
§ 31.11 ABSTENTION.
An abstention shall be a neutral vote.
(Ord. 2-l983, passed 7-18-83)
§ 31.12 SALARY.
The salary of Council members shall be as set from time to time by
ordinance.
('67 Code, § 31.01) (Ord. 1-l963, passed
4-8-63; Am. Ord. 2-67, passed 3-30-67)
Fixing compensation, see IC 36-4-7-2
COUNCILMANIC DISTRICTS
§ 31.20 COUNCILMANIC DISTRICTS.
(A) The boundaries of the five councilmanic districts of the city are re-
established as follows:
(1) Council District One (Precincts CO1, CO2 and CO3).
Beginning at a point which is the intersection of the centerlines of North

25th Avenue and Southern Avenue, thence east and along the centerline of said
Southern Avenue to the centerline of Sherman Drive, thence north and along the
said centerline of Sherman Drive to the north corporation line of the City of Beech
Grove to a point where the said corporation line proceeds east, thence east and
along said corporation line to a point where the said corporation line proceeds
south-east, thence south along said corporation line to where it proceeds south-
east, thence south-east along said corporation line to a point on the extended
centerline of North Eighth Avenue, thence south and along the said centerline of
North Eighth Avenue to the centerline of Albany Street, thence west and along
the said centerline of Albany Street to the centerline of North 25th Avenue,
thence north and along the said centerline of North 25th Avenue to the centerline
of Southern Avenue which is the place of beginning.
(2) Council District Two (Precincts PE 1, PE 12 and CO4).
Beginning at a point which is the intersection of the extended centerline of

North Eighth Avenue and the north corporation line of the City of Beech Grove,
thence south-east along said corporation line to the centerline of Emerson
Avenue, thence south and along the said centerline of Emerson Avenue to the
centerline of Churchman Avenue, thence west and along the said centerline of
Churchman Avenue to the centerline of Tenth Avenue, thence north and along
the said centerline of Tenth Avenue to the centerline of Albany Street, thence east
and along the centerline of said Albany Street to the centerline of Eighth Avenue,
thence north and along the said centerline of Eighth Avenue and the extended
centerline of Eighth Avenue to the north corporation line of the City of Beech
Grove which is the place of beginning.
(3) Council District Three (Precincts PE 2, PE 23, PE 50 and

part of
PE 16).
Beginning at a point which is the intersection of North Twenty-Fifth Avenue

and Albany Street, thence east and along the centerline of said Albany Street to
the centerline of Tenth Avenue, thence south and along the said centerline of
Tenth Avenue to the centerline of Churchman Avenue, thence south-east along
the said centerline of Churchman Avenue to the centerline of South Fourth
Avenue, thence south and along the centerline of said Fourth Avenue to the
centerline of Ash Street, thence west and along the said centerline of Ash Street
to the centerline of Ninth Avenue, thence north and along the said centerline of
Ninth Avenue to the centerline of Byland Drive, thence west and along the said
centerline of Byland Drive to the east line of Park Meadow Subdivision of the City
of Beech Grove, thence south and along said east line of said Park Meadow
Subdivision to the south line of the said Park Meadow Subdivision, thence west
and along the said south line of said Park Meadow Subdivision to the west
corporation line of the City of Beech Grove,thence north and along the said west
corporation line of said City of Beech Grove to the south corporation line of the
City of Beech Grove (the extended centerline of Sumner Avenue), thence west
and along the said south corporation line of the City of Beech Grove to the
centerline of South Twenty-Fifth Avenue, thence north and along the centerline of
Twenty-Fifth Avenue to the centerline of Albany Street which is the place of
beginning.
(4) Council District Four (Precincts PE 24, PE 73, and part of PE

16).
Beginning at a point which is the intersection of Churchman Avenue and

South Fourth Avenue, thence east and along the said centerline of Churchman
Avenue to the centerline of Emerson Avenue, thence south and along the said
centerline of Emerson Avenue to the centerline of Grovewood Drive, thence west
and along the said centerline of Grovewood Avenue to centerline of South Ninth
Avenue, thence south and along the said centerline of South Ninth Avenue to the
centerline of Willow Bend Lane, thence west and along said centerline of said
Willow Bend Lane to the centerline of Willow Glen Drive, thence south and along
the said centerline of said Willow Glen Drive to the centerline of Thompson Road,
thence west and along the said centerline of Thompson Road to the west
corporation line of the City of Beech Grove, thence north and along the said
corporation line of the City of Beech Grove to the extended south line of Park
Meadow Subdivision of the City of Beech Grove, thence east and along the said
south line of said Park Meadow Subdivision to the east line of said Park Meadow
Subdivision, thence north and along said east line of said Park Meadow
Subdivision to the centerline of Byland Drive, thence east and along the said
centerline of Byland Drive to the centerline of South Ninth Avenue, thence south
and along the said centerline of South Ninth Avenue to the centerline of Ash
Street, thence east and along the said centerline of Ash Street to the centerline of
Fourth Avenue, thence north and along said centerline of Fourth Avenue to the
centerline of Churchman Avenue which is the place of beginning.
(5) Council District Five (Precincts FR 3, PE 42, PE 72 and

PE85).
Beginning at a point which is the intersection of the extended centerline of

Emerson Avenue and the north corporation line of the City of Beech Grove (also
the north right-of-way line of the main line of the CON-RAIL Railroad), thence
south and east along said corporation line of the City of Beech Grove to the point
where the said corporation line proceeds west, thence west and along the south
corporation line of the City of Beech Grove, following its meanders to the
centerline of Emerson Avenue, thence south and along the said centerline of
Emerson Avenue to the centerline of Thompson Road, thence west and along the
centerline of Thompson Road to the centerline of Willow Glen Drive, thence north
and along said centerline of said Willow Glen Drive to the centerline of Willow
Bend Lane, thence east and along the said centerline of said Willow Bend Lane
to the centerline of South Ninth Avenue, thence north and along the said
centerline of South Ninth Avenue to the centerline of Grovewood Drive, thence
east and along the said centerline of Grovewood Drive to the centerline of
Emerson Avenue, thence north and along the said centerline of Emerson Avenue
and the extended centerline of Emerson Avenue to the place of beginning.
(B) Redistricting of the councilmanic districts shall be done at least

every ten years in accordance with IC 36-4-6-4.
('67 Code, § 30.01) (Ord. 17-1982, passed 12-12-82; Am. Ord. 2-1983, passed
7-18-83; Am. Ord. 10-1990, passed 10-15-90; Am. Ord 5-1992, passed 12-21-92;
Am. Ord. 5-1993, passed 10-18-93; Am. Ord. 2-1995, passed
2-6-95)
CHAPTER 32: CITY OFFICIALS
Section
Officials
32.01 Mayor
32.02 Acting Mayor
32.03 President Pro Tempore
32.04 Building Commissioner
32.05 City Attorney
32.06 City Engineer
32.07 Clerk-Treasurer
32.08 Fire Chief
32.09 Police Chief
32.10 Street Commissioner
32.11 Superintendent of Sanitation
Salaries
32.15 Salaries
OFFICIALS
§ 32.01 MAYOR.
(A) The Mayor is the city executive and head of the executive branch. He
shall faithfully perform the duties and responsibilities contained in IC 36-4-5-l et
seq. and other statutes of the state.
(B) The Chiefs of the Police and Fire Departments, the head of the
Community Services Department, the Street Department, the head of the Solid
Waste Department, the City Engineer, the City Attorney, and the Director of
Public Works and Safety shall be appointed by the Mayor and serve at his
pleasure pursuant to IC 36-4-9-2 and 36-4-9-8. Pursuant to IC 36-4-9-2, the
Mayor shall appoint the heads of the Sanitation Department and the Parks and
Recreation Department, with approval of the statutory board operating the
Department. Such appointees shall serve at the pleasure of the Mayor as stated
in IC 36-4-11-2.
(Ord. 2-l983, passed 7-18-83)
§ 32.02 ACTING MAYOR.
(A) Whenever the Mayor is absent or going to be absent from the city, is
ill, or injured, he may delegate a member of the Common Council as Acting
Mayor, with all the powers of that office. The Mayor may exercise this power for
a maximum of 15 days in any 60-day period, pursuant to IC 36-4-5-8, or for any
longer period as may be allowed by statute from time to time.
(B) In case of serious illness or total disability of the Mayor for a period in
excess of 15 days, the President Pro-Tempore of the Common Council shall
serve as Acting Mayor pursuant to the provisions of IC 36-4-5-8.
(C) The term of the Acting Mayor shall not exceed the term of any such
illness or disability of the Mayor or that period allowed by IC 36-4-5-8.
(Ord. 2-l983, passed 7-18-83)
§ 32.03 PRESIDENT PRO TEMPORE.
On the first Monday of each succeeding January, the Common Council
shall choose from its members by majority vote a President Pro-Tempore to
preside at all meetings of the Common Council whenever the Mayor is absent.
(Ord. 2-l983, passed 7-18-83)
§ 32.04 BUILDING COMMISSIONER.
For provisions concerning the Building Commissioner, see §§ 50.02,
50.05, and 50.06.
§ 32.05 CITY ATTORNEY.
The City Attorney shall be the head of the Department of Law, as set forth
in IC
36-4-9-11 and 36-4-9-12. He shall be appointed by the Mayor and shall serve at
his pleasure, as set forth in IC 36-4-9-8.
(Ord. 2-l983, passed 7-18-83)
§ 32.06 CITY ENGINEER.
For provisions concerning the City Engineer, see IC 36-4-9-8.
§ 32.07 CLERK-TREASURER.
(A) The Clerk-Treasurer is the fiscal officer of the city and the head of the
Fiscal Branch. He shall perform the duties assigned by IC 36-4-10-l et seq., and
such other duties as the Common Council may, by ordinance, require.
(B) The Clerk-Treasurer is authorized, pursuant to IC 36-4-11-4, to
appoint one Deputy Clerk-Treasurer and other clerical employees as necessary,
to be paid solely from the funds appropriated for the offices of the Clerk-
Treasurer. The deputy and clerical employees shall work under the exclusive
direction of the Clerk-Treasurer and serve at the pleasure of the Clerk- Treasurer.
(C) The Clerk-Treasurer shall be the Secretary and Treasurer of the

Department of Sanitation. The Clerk-Treasurer or his employees shall be
compensated for services he renders to the City's Department of Sanitation.
(D) The Clerk-Treasurer shall be the Clerk of the Board of Public Works
and Safety and the Board of Zoning Appeals.
(E) The Clerk-Treasurer shall have authority to invest any monies of the
city, including Department of Sanitation Sewage Works and Sinking Funds which
are on deposit and which are not needed for current expenditures, pursuant to IC
5-13-4.
(F) (1) The Clerk-Treasurer, with the prior written approval of the
Board having jurisdiction over the allowance of claims, as the case may be, may
make claim payments in advance of board allowance for the following kinds of
expenses:
(a) Property or services purchased or leased from the

United States government, its agencies, or its political subdivision.
(b) License or permit fees.
(c) Insurance premiums.
(d) Utility payment or utility connection charges.
(e) General grant programs where advance funding is not

prohibited and the contracting party posts sufficient security to cover the amount
advanced.
(f) Grants of state funds authorized by statute.
(g) Maintenance or service agreements.
(h) Leases or rental agreements.
(i) Bond or coupon payments.
(j) Payroll.
(k) State, federal, or county taxes.
(1) Expenses that must be paid because of emergency

circumstances.
(m) A product or service for which the city legislative body

has accepted a bid.
(2) Each payment of expenses under this section must be

approved by a fully itemized invoice or bill and certification by the Clerk-
Treasurer.
(3) The City Board having jurisdiction over the allowance of the
claim shall review and allow the claim at its next regular meeting following the
preapproved payment of the expense.
(Ord. 2-1983, passed 7-18-83; Am. Ord. 7-1996, passed - -96)
§ 32.08 FIRE CHIEF.
For provisions concerning the Fire Chief, see § 34.01.
§ 32.09 POLICE CHIEF.
For provisions concerning the Police Chief, see § 33.01.
§ 32.10 STREET COMMISSIONER.
For provisions concerning the Street Commissioner, see §§ 50.67 through
50.69.
§ 32.11 SUPERINTENDENT OF SANITATION.
For provisions concerning the Superintendent of Sanitation, see §§ 50.01,
50.07, 50.08, 50.23, 50.55, and 50.56.
SALARIES
§ 32.15 SALARIES.
The salaries for the various city officials shall be as set from time to time
by ordinance.
('67 Code, §§ 31.01 - 31.03)
CHAPTER 33: POLICE DEPARTMENT
Section
General Provisions
33.01 Police Chief

33.02 General staff
33.03 Salaries
33.04 Police longevity plans
33.05 Police Pension Fund; levy of taxes
33.06 Police Pension Board of Trustees
Police Reserves
33.10 Purpose; policy

33.11 Minimum requirements; course of instruction
33.12 Compensation
33.13 Equipment
33.14 Chain of command
33.15 Duties; hours
33.16 Leaves of absence
33.17 Rules and regulations
Juvenile Offenders Diversionary Program
33.30 Development and implementation

33.31 Approval of Board of Public Works of Safety
Cross-reference:
Police use of unmarked municipal vehicles, see § 37.10
GENERAL PROVISIONS
§ 33.01 POLICE CHIEF.
(A) The Chief of Police or his designate, is the chief administrator of the
Police Department. The responsibility for determining official policy, together with
the full and complete discharge of all duties is imposed upon him by law.
(B) The Chief of Police shall approve all organizational and policy
changes.
(Ord. 26-l979, passed 10-15-79)
§ 33.02 GENERAL STAFF.
(A) There is created a new position within the Police Department of the
city, to be known as the general staff position.
(B) The position shall combine the duties and job description of two
presently existing positions, those being the humane officer and the custodian of
the police building.
(Ord., passed 7-7-80)
§ 33.03 SALARIES.
The salary for members of the Police Department shall be as established
by ordinance from time to time.
('67 Code, § 31.02) (Ord. 1-l961, passed 7-31-61; Am. Ord. 7-l966, passed 7-18-
66; Am. Ord. 15-l969, passed 7-28-69)
§ 33.04 POLICE LONGEVITY PLANS.
(A) In addition to the salaries provided by ordinance, the regular members
of the Police Department shall receive longevity pay in a $75 annual increment
for each year of service, beginning after the first year to and including all years of
service.
(B) To determine additional compensation to which a police officer is

entitled, the length of service shall be considered to be one year's service if
commenced prior to July 1 of any given year and the length of service shall be
computed without regard to whether service was rendered prior or subsequent to
January1, l962, and shall include time spent on temporary leave of absence for
military service in the armed forces of the United States, provided the police
officer has returned to duty with his respective department within 60 days after
being honorably discharged from the military service. Increases shall become
effective on January 1 of each given calendar year after the time-in service has
accrued pursuant to division (A).
('67 Code, § 31.05) (Ord. 9-l961, passed 7-31-61; Am. Ord. 15-l969, passed 7-
28-69)
§ 33.05 POLICE PENSION FUND; LEVY OF TAXES.
A Police Pension Fund, as provided by state law, establishing the fund in
cities except of the first class, is created.
('67 Code, § 33.01) (Ord. 1-l959, passed 2-16-59)
l925 Police Pension Fund, see IC 36-8-6-l et seq.
l977 Police Officers' and Firefighters' Pension and
Disability Fund, see IC 36-8-8-l et seq.
§ 33.06 POLICE PENSION BOARD OF TRUSTEES.
(A) A Board of Trustees of the Police Pension Fund, as provided by state
law establishing the Fund in all cities except of the first class, is created.
('67 Code, § 33.02) (Ord. 1-1959, passed 2-16-59)
(B) The Police Pension Board of Trustees shall perform certain duties
prescribed by IC 36-8-6 (l925 Fund) and IC 36-8-8 (l977 Fund) concerning the
statutory provisions of city police. (Ord. 2-l983, passed 7-18-83)
POLICE RESERVES
§ 33.10 PURPOSE; POLICY.
(A) The purpose of this chapter is to establish the City Police Reserves of
the Police Department, as permitted under IC 36-8-3-20.
(B) The Police Reserves shall be an auxiliary division of the Police

Department. The Reserves shall function within the police guidelines, rules, and
regulations established for all regular members of the Department, with the
exception of entry qualifications. Membership in the Police Reserves in no way
assures lateral entry, or circumvents formal ingress into the Department, as
provided by statute.
(C) The policies herein are those policies particular to the Police
Reserves for internal operation of the Reserve Branch.
(Ord. 26-l979, passed 10-15-79)
§ 33.11 MINIMUM REQUIREMENTS; COURSE OF INSTRUCTION.
(A) The basic minimum requirements for becoming a member of the
Police Reserves are as follows:
(1) The applicant must be between the age of 21 and 34 years.

(2) He must be a U.S. citizen and a resident of Marion County and
a resident of the state for at least one year.
(3) Must be a high school graduate, or have a G.E.D. equivalent.
(4) Have no physical or mental disability, including chronic illness,

physical handicaps, or senses impaired.
(5) No criminal or serious misdemeanor arrest record.
(6) Height 5'8" to 6'5".
(7) Weight: 155 to 250 pounds, with weight proportioned to height.
(8) Must possess a valid state driver's license.
(9) Eyes: maximum 20/50 correctable to 20/30 or better in each

eye. No color blindness, or pathology of the eyes.
(10) Must be of good moral character.
(11) A satisfactory military discharge (if applicable).
(12) Applicant must successfully complete all other tests set up by the
Pension Board (agility tests, physical exam, and the like).
(C) All applications must be accompanied by a copy of applicant's birth

certificate, high school diploma, or G.E.D. certificate. All other diplomas or
certificates of schools attended with grade or credit transcripts, military discharge
or similar form, driver's license, and a recent photograph must accompany the
application as well.
(D) Requirements, course of instruction. After meeting the basic

requirements and being accepted, the applicant must complete a course of
instruction at the City Police Department and the State Police Academy, as
determined by the Chief of Police. The following is a typical breakdown of hours
and subjects taught:
Academy rules and regulations 1 hour

Preparation of notebook 1 hour
B.G.P.D. Reserves rules and
regulations 2 hour
Ethical standards in law
enforcement 1 hour
B.G.P.D. forms and information
flow 3 hour
Defensive driving 8 hour
Radio procedure 8 hour
Criminal law 23.5 hour
Spelling tests 2 hour
Firearms - classroom 8 hour
Firearms - range 54 hour
Patrol procedure 26 hour
Crash injury management 40.5 hour
City ordinances 2 hour
Physical training 10 hour
Hostage negotiation 2 hour
Crowd control 16 hour
Uniform traffic and traffic law 4 hour
Accident investigation 8 hour
Report writing 4 hour
Review for final examination 1 hour
Final examination 3 hour
Classroom time shall be a total of 228 hours. Upon completion of the Academy,
the applicant will be scheduled by the Reserve office to ride in patrol cars for a
total of 60 hours, after which all information will be forwarded to the Chief of
Police for certification.
(Ord. 26-l979, passed 10-15-79)
§ 33.12 COMPENSATION.
All Reserve personnel shall be non-paid members.
(Ord. 26-l979, passed 10-15-79)
§ 33.13 EQUIPMENT.
(A) The city shall furnish each member one summer and one winter
uniform, and all leather gear.
(B) All issued equipment, including clothing items, shall remain the
property of the Police Department. The Sworn Commander of the Police
Reserves shall be responsible for insuring all property and equipment is returned
promptly upon termination or resignation of the officer.
(Ord. 26-l979, passed 10-15-79)
§ 33.14 CHAIN OF COMMAND.
(A) All official communications of the Department shall be confined to the
chain of command as follows:
(1) Chief of Police.
(2) Assistant Chief of Police.
(3) Commander of the Police Reserves.

(4) Reserve Commanding Officer.
(5) Reserve Patrolman.
(6) All Reserve Police personnel shall be subordinate to sworn

members of the City Police Department.
(B) Commander of the Police Reserves. The Commander of the Police

Reserves shall be a sworn member of the Department and shall be responsible
for the administrative functions of the Police Reserve. It is his duty to aid, advise,
and coordinate with the Chief of Police all policy and general administrative
matters. Pending final approval of the Chief of Police, the Commander of the
Police Reserves may recommend rules and regulations for the conduct of
members of the Police Reserves.
(C) Reserve commanding officer. He shall do as follows:
(1) Direct all Reserve activities in accordance with departmental

policies, rules, and regulations.
(2) Supervise, through the chain of command, all directives issued

by the Chief of Police or the Commander of the Police Reserves.
(3) Familiarize himself with internal conditions and problems that

confront the Reserves. He shall establish uniform methods and procedures for
the handling of the problems with the proper authority.
(4) Appoint standing and special committees to coordinate projects

ordered by the Chief of Police, or the Commander of the Police Reserves.
(5) Formulate Reserve orders subject to the approval of the

Commander of the Police Reserves and the Chief of Police.
(6) Work closely with the Commander of the Police Reserves to

maintain an efficient organization.
(7) Be responsible to the Commander of the Police Reserves for

the conduct of all Reserve officers under the command.
(8) Assist the Reserve Commander in coordinating schedules.
(D) Reserve patrolman.
(1) Every patrolman shall confine his patrol to the district assigned,
or if no district is assigned, then to the confines of the city limits, unless the
officer is in pursuit of a violator, dispatched by an authorized person, or any other
necessary absence as approved by his superior.
(2) He shall not use his personal auto in patrolling the city, unless
authorized by the Chief of Police.
(3) He shall constantly patrol the district or city except when on

special assignments. He shall avoid all unnecessary conversation with
individuals except in the line of duty.
(4) He shall arrest violators of the law, protect life and property,
recover stolen or lost property, prevent crime, patrol the assigned district, make
periodic checks of business places, banks, schools, pool halls, taverns, and other
places frequented by law violators, and perform all other duties common to police
work.
(5) He shall investigate accidents, crimes, and take other reports

as directed. These investigations are to be carried out to the fullest extent of his
capacities. Then, and only then, will the investigation be turned over to the
detective division.
(6) He shall report all nuisances or other matters affecting the

safety or convenience of the public and interest of the city, such as street and
sidewalk conditions, faulty street lights, traffic signals, traffic signs, and all other
hazards.
(7) He shall respond to all emergency situations and calls for help.
(8) He shall investigate all suspicious persons or conditions found

on duty.
(9) He shall make arrests when feasible or report to superiors all

vice and drug activities.
(10) He shall be in uniform and properly equipped at all times while

on duty, and shall perform all other duties assigned by superiors.
(11) He shall assist other departments of local government when

needed.
(12) He shall perform any and all other duties assigned to him by
his superior officers.
(Ord. 26-1979, passed 10-15-79)
§ 33.15 DUTIES; HOURS.
(A) Required hours. The Reserve officer shall perform a minimum of 96
hours of assigned duty per year.
(B) Detail performance. A minimum of eight hours per month shall be
required for all officers to remain active in the Police Reserves. These details
shall be reasonably divided to include all types that are available. However, the
Commander of the Police Reserves recognizes the possibility of the details being
reduced or the number of men increased to the point where it would be
impossible to obtain the minimum amount of hours or details required. If this is
the case, the requirements shall be adjusted downward to accommodate family.
Change of employment status or any unexpected misfortune which alter the
officer's ability to carry out the prescribed regulations shall be judged by their
individual circumstances. Each of these cases must be submitted to the
Commander of the Police Reserves for investigation, disposition, or direction as
is deemed necessary.
(Ord. 26-l979, passed 10-15-79)
§ 33.16 LEAVES OF ABSENCE.
(A) Request for leave of absence. Officers may request a leave of
absence for any period up to six months. The request must be approved by the
Reserve Commander.
(1) Request shall be made in writing to the Reserve Commander.
(2) All department equipment shall be turned in prior to the leave of

absence.
(B) Return from leave of absence. The officer shall report to the Reserve
Commander in person within two days of the end of the leave of absence to be
reinstated. If the officer does not report to the Reserve Commander within the
allotted time period, he may be terminated. Any officer returning from a leave of
absence will be required to attend in-service training to be updated on any new
procedures of the City Police Department.
(Ord. 26-l979, passed 10-15-79)
§ 33.17 RULES AND REGULATIONS.
All Reserve officers shall abide by the same general rules and regulations
that govern the regular Police Department.
(Ord. 26-l979, passed 10-15-79)
JUVENILE OFFENDERS DIVERSIONARY PROGRAM
§ 33.30 DEVELOPMENT AND IMPLEMENTATION.
(A) Pursuant to IC 31-6-1-1 and in an effort to reduce juvenile
delinquency, the City Police Department is authorized and delegated to develop
and implement a juvenile diversionary program subject to the approval of the
Board of Public Works and Safety of the city.
(B) Such juvenile diversionary program shall be made available to

youthful offenders who volunteer to be a part of such program with the
cooperation and written approval of their parents or guardians, all subject to the
qualifications requisite to such program.
(C) No such diversionary program shall replace or be in contravention of
existing state juvenile laws but shall be complementary to and in aid of such
laws.
(Ord. 6-1990, passed - - 90)
§ 33.31 APPROVAL OF BOARD OF PUBLIC WORKS AND SAFETY.
The program shall become effective upon its approval by the Board of
Public Works and Safety and publication as required by law.
(Ord. 6-1990, passed - - 90)
CHAPTER 34: FIRE DEPARTMENT
Section
34.01 Fire Chief

34.02 Longevity pay plan
34.03 Fire Department Pension Fund Emergency Ambulance Service
34.15 Establishment of rates
34.16 Payment of rates
34.17 Additional charges
§ 34.01 FIRE CHIEF.
For provisions concerning the Fire Chief, see
§ 34.02 LONGEVITY PAY PLAN.
(A) Additional compensation. In addition to the salaries as provided for in
this code, the regular members of the Fire Department shall receive longevity
pay as a $75 annual increment for each year of service, beginning after the first
year to and including all years of service.
(B) Determining compensation. To determine additional compensation to

which a firefighter is entitled, the length of service shall be considered to be one
year's service if commenced prior to July 1 of any given year and the length of
service shall be computed without regard to whether service was rendered prior
or subsequent to January 1, l962, and shall include time spent on temporary
leave of absence for military service in the armed forces of the United States,
provided the firefighter has returned to duty with his respective department within
60 days after being honorably discharged from the military service. Increases
shall become effective on January 1 of each given calendar year after the time in
service has accrued pursuant to the schedule set out herein.
28-69)
§ 34.03 FIRE DEPARTMENT PENSION FUND.
(A) A Firefighters' Pension Fund and Trustees Board therefor are created
for the members of the Fire Department. ('67 Code, § 33.04)
(B) The administration of the Firefighters' Pension Fund, the rights and
duties of the Trustees of the Fund, and the authority and duties of the Clerk-
Treasurer, from and after the adoption of this chapter, shall be performed in
accord with state law authorizing creation of the Fund, Board, and rights and
duties of the Trustees of the Fund and the Clerk-Treasurer in relation to the
administration thereof. ('67 Code, § 33.05)
(C) The Firefighters' Pension Fund Board of Trustees shall perform

certain duties prescribed by IC 36-8-7 (l925 Fund) and IC 36-8-8 (l977 Fund)
concerning the statutory pensions of city firefighters. (Ord. 2-l983, passed 7-18-
83)
EMERGENCY AMBULANCE SERVICE
§ 34.15 ESTABLISHMENT OF RATES.
(A) It is in the best interest of the city and its citizens that user rates be
established for the emergency ambulance service provided by the City Fire
Department.
(B) The following rate schedule is established for emergency ambulance

service.
Service Provided Rate

Advanced life
support response $180
Basic response $85
Emergency response charge 20
Oxygen, if used 20
(C) A charge shall be made only if the user is transported to the hospital.
(D) BASIC RESPONSE shall mean transportation to a medical facility and

the emergency response charge shall be included in all transportation.
(E) The City Fire Department shall not provide any non-emergency
ambulance service.
(F) City employees injured while engaged in the scope of the duties of
their employment shall be transported free of charge of any kind.
(Ord. 30-l984, passed 12-3-84; Am. Ord. 1-l986, passed l-6-86)
§ 34.16 PAYMENT OF RATES.
All users of the emergency ambulance service shall pay the rates
established herein for services provided by the Fire Department upon billing for
those services.
(Ord. 30-l984, passed 12-3-84)
§ 34.17 ADDITIONAL CHARGES.
The Fire Department may make a reasonable charge for the handling of
any claim forms and insurance papers required to be completed by a provider.
The charge shall not exceed the cost of providing such administrative services.
(Ord. 30-l984, passed 12-3-84)
CHAPTER 35: OTHER DEPARTMENTS,
BOARDS, AND COMMISSIONS
Section
General Provisions
35.001 Salaries
35.002 Authority to hire employees; contract for services
Board of Parks and Recreation
35.010 Establishment
35.011Members
35.012 Terms of appointment
35.013 Election of officers
35.014 Powers and duties
35.015 Budget to be submitted annually
Board of Public Works and Safety
35.025 Establishment; authority

35.026 Members
35.027 Meetings
Board of Sanitation
35.040 Meetings
35.041 Appointment, duties of sanitation clerks
Board of Zoning Appeals
35.061 Members
35.062 Officers
35.063 Rules of procedure
35.064 Public meetings
35.065 Appeals; review
35.066 Powers and duties
Cablevision Authority
Department of Law
Department of Parks and Recreation

Department of Sanitation
35.115Employment Policies
Economic Development Commission
Firefighters' Pension Board of Trustees
35.135 Firefighter's Pension Board of Trustees
Library Board
35.145 Library Board

OTHER DEPARTMENTS, BOARDS, AND COMMISSIONS
Section
Police Pension Board of Trustees
35.155 Police Pension Board of Trustees
Traffic Division
Traffic Safety Commission
35.176 Duties
GENERAL PROVISIONS
§ 35.001 SALARIES.
The salaries for members of the boards and departments listed within this
code shall be as set, from time to time, by ordinance.
('67 Code, §§ 31.02 through 31.04)
§ 35.002 AUTHORITY TO HIRE EMPLOYEES; CONTRACT FOR SERVICES.
The following departments, subject to consultation with the Mayor and
appropriation of the Common Council, shall have the ability to hire such
employees, and to purchase or contract for such materials or services as the
Board of Public Works and Safety or other governing board, commission,
authority, or department head deems necessary to perform public functions:
(A) Cablevision Authority
(B) Community Services Department
(C) Department of Law
(D) Department of Parks and Recreation
(E) Economic Development Commission
(F) Fire Department
(G) Police Department
(H) Sanitation Department
(I) Solid Waste Department
(J) Street Department
(Ord. 2-l983, passed 7-18-83)
BOARD OF PARKS AND RECREATION
§ 35.010 ESTABLISHMENT.
The Department of Parks and Recreation is to be controlled and operated
by the Parks and Recreation Board established heretofore by ordinance pursuant
to IC 36-10-3 and reaffirmed by this chapter.
(Ord. 8-l977, passed 6-20-77; Am. Ord. 2-l983, passed 7-18-83)
§ 35.011 MEMBERS.
(A) The Board of Parks and Recreation shall be composed of four
members, and a member of the governing body of the school corporation, and
the Library Board ex officio.
(B) The Mayor shall select the regular members on the basis of their
interest in and knowledge of parks and recreation, but no more than two
members shall be of the same political party.
(C) The ex officio members shall be selected by their respective Boards,

and such Boards shall also fill any vacancy that may occur in the ex officio
members.
(Ord. 8-l977, passed 6-20-77)
§ 35.012 TERMS OF APPOINTMENT.
Upon the establishment of a Board of Parks and Recreation, the terms of
the members initially appointed shall be one, two, three, and four years. The
Mayor shall make his initial appointments within 90 days of the adoption of this
chapter. Thereafter as a term expires, each new appointment shall be made by
the Mayor for a four-year term. All terms shall expire on the first Monday of
January, but an appointee shall continue in office until his successor is appointed.
All reappointments to the Board shall be made by the Mayor by the first Monday
in April of each year or the incumbent shall continue to serve another four-year
term. If a vacancy on the Board occurs, the Mayor shall appoint a member for the
unexpired term.
(Ord. 8-l977, passed 6-20-77)
Appointment, terms, see IC 36-10-3-5
§ 35.013 ELECTION OF OFFICERS.
At its first regular meeting in each year, the Board of Parks and Recreation
shall elect a President and a Vice-President. The Vice-President shall have
authority to act as the President of the Board during the absence or disability of
the President. The Board may select a secretary either from within or without its
own membership.
(Ord. 8-l977, passed 6-20-77)
§ 35.014 POWERS AND DUTIES.
(A) The Board of Parks and Recreation shall have the general power to
perform all acts necessary to acquire and develop sites and facilities and to
conduct such programs as are generally understood to be park and recreation
functions. In addition to all other powers necessary to achieve the general
objectives of the Board, the Board shall have, for park and recreation purposes,
all the powers and duties listed in IC 36-10-3-10 and 36-10-3-11.
(B) The Board may create an advisory council and special committees
composed of citizens interested in the problem of parks and recreation in
accordance with IC 36-10-3-17.
(Ord. 8-l977, passed 6-20-77)
§ 35.015 BUDGET TO BE SUBMITTED ANNUALLY.
(A) The Board of Parks and Recreation shall prepare and submit an
annual budget in the same manner as other departments of the city government
as prescribed by the State Board of Accounts.
(B) The Board of Parks and Recreation may accept gifts, donations, and
subsidies for park and recreation purposes.
(Ord. 8-l977, passed 6-20-77)
BOARD OF PUBLIC WORKS AND SAFETY
§ 35.025 ESTABLISHMENT; AUTHORITY.
(A) There is established a Board of Public Works and Safety within the
executive branch. The Board shall be the chief administrative body of the city
and shall have control of the operations of the following departments which are
hereby established:
(1) Under the Board of Public Works and Safety acting as a Board
of Public Safety:
(a) Police Department.
(b) Fire Department.
(2) Under the Board of Public Works and Safety acting as a Board
of Public Works:
(a) Street Department.
(b) Solid Waste Department.

(3) Under the Board of Public Works and Safety acting as a
Sanitation Board, pursuant to IC 36-9-23-4: the Sanitation Department.
(4) Community Services Department.
(B) The Mayor by delegation from the Board of Public Works and Safety
shall have control of the day-to-day operations of the above departments. The
Board of Public Works and Safety is delegated all authority for the approval of
claims, except those claims which are to be approved by the governing board of
a department or agency as designated by statute.
(Ord. 2-l983, passed 7-18-83)
§ 35.026 MEMBERS.
The members of the Board of Public Works and Safety shall be the Mayor
and two voters of the city, who shall be chosen by the Mayor to serve at his
pleasure.
(Ord. 2-l983, passed 7-18-83)
Establishment, see IC 36-4-9-5
Members, see IC 36-4-9-6
§ 35.027 MEETINGS.
(A) The Board of Pubic Works and Safety shall convene in regular
meetings at least twice monthly without notice or call. The regular meeting shall
be held on the first and third Mondays of each month at 7:00 p.m. in the Common
Council chambers at City Hall, 800 Main Street, Beech Grove, Indiana.
(B) In the event that the date of the regular meeting, being the first
Monday of the month, falls on any legal holiday, the regular meeting of the Board
shall be held at 7:00 p.m. on the same day the Council shall hold its meeting or
on the day following the holiday.
('67 Code, § 30.03)
(C) Special meetings of the Board of Public Works and Safety may be
called by the Mayor upon at least three days notice in writing of the time and
purpose of the meeting, such notice to be given by regular mail. All or any
member of the Board may waive notice of any special meeting in writing or by
signing a copy of the minutes of the meeting. ('67 Code, § 30.04)
(Ord. 1-l961, passed l-16-61; Am. Ord. 3-l972, passed 5-15-72)
BOARD OF SANITATION
§ 35.040 MEETINGS.
(A) The Board of Sanitation shall convene in regular meetings once
monthly without notice or call. Regular meetings shall be held on the third
Monday of each month at 7:00 p.m. in the Common Council chambers, 800 Main
Street, Beech Grove, Indiana. In the event the day of any regular meeting, being
the third Monday of the month, falls on a legal holiday, the regular meeting of the
Board of Sanitation shall be held at 7:00 p.m. on the same day that the Common
Council shall hold its meeting, or on the day following the legal holiday.
(B) Special meetings of the Sanitation Board may be called by the Mayor
upon at least three days notice in writing of the time and purpose of the meeting,
such notice to be given by regular mail. All or any member of the Board may
waive notice of any special meeting in writing or by signing a copy of the minutes
of the meeting.
('67 Code, § 30.04) (Ord. 1-l961, passed
l-16-61; Am. Ord. 3-l972, passed 5-15-72)
Cross-reference:
Sanitation Department, see § 35.115
§ 35.041 APPOINTMENT, DUTIES OF SANITATION CLERKS.
The various sanitation clerks needed to manage the bookkeeping and the
administrative requirements of the Sanitation Department shall be appointed and
compensated by the Board of Sanitation. The sanitation clerks serve at the
pleasure of the Board of Sanitation which appointed them.
(Ord. 2-l983, passed 7-18-83)
BOARD OF ZONING APPEALS
There is established a Board of Zoning Appeals pursuant to IC 36-7-4-900
et seq.
('67 Code, § 32.05) (Ord. 24-l969, passed 12-15-69; Am. Ord. 2-83, passed 7-
18-83)
§ 35.061 MEMBERS.
The Board of Zoning Appeals shall be composed of five members, all of
whom shall be residents of the city, and none of whom shall hold other elective or
appointed office in the city or in the county. Of the original five members, three
shall be appointed by the Common Council, and two members shall be appointed
by the Metropolitan Plan Commission and may, but need not be, a member of the
Commission. All members shall be appointed for a term of one year each. The
terms of these members shall extend from January 1, to December 31 of each
year so appointed.
('67 Code, § 32.06) (Ord. 24-l969, passed 12-15-69)
§ 35.062 OFFICERS.
At the first meeting of each year, the Board of Zoning Appeals shall elect a
Chairman and a Vice-Chairman from among its members, and it may appoint
and fix the compensation of the secretary.
('67 Code, § 32.07) (Ord. 24-l969, passed 12-15-69)
§ 35.063 RULES OF PROCEDURE.
(A) The Board of Zoning Appeals shall adopt the rules of procedure of the
Metropolitan Board of Zoning Appeals of Marion County, Indiana, as they are
adopted and amended from time to time by the Metropolitan Development
Commission of Marion County, Indiana.
(B) The Board of Zoning Appeals shall conduct all hearings, business,
and activities in compliance with the rules of procedure of the Metropolitan Board
of Zoning Appeals of Marion County, Indiana, as those rules are now existing and
as those rules may be amended from time to time in the future by the
Metropolitan Development Commission of Marion County, Indiana.
(C) However, all hearings, business, and activities of the Board of Zoning
Appeals shall be conducted within the geographical limits of the city, unless the
business and activities shall by necessity and upon majority vote of the Board be
connected at some other location.
19-91)
§ 35.064 PUBLIC MEETINGS.
(A) All meetings of the Board of Zoning Appeals shall be open to the
public.
The Board shall keep minutes of its proceedings, keep records of examination
and other public actions, prepare findings and record the vote on all actions
taken.
(B) All minutes and records shall be filed in the office of the Board and
shall be public records.
('67 Code, § 32.09) (Ord. 24-l969, passed 12-15-69)
§ 35.065 APPEALS; REVIEW.
(A) Any decisions of the Building Inspector made in enforcement of the
ordinances of the city, or the ordinances of the County Council or its successor,
may be appealed to the Board of Zoning Appeals by any person claiming to be
adversely affected by the decision, in accordance with IC 36-7-4-918.1, 36-7-4-
919, and 36-7-4-920. ('67 Code, § 32.10)
(B) Every decision of the Board shall be subject to review by certiorari or

otherwise as prescribed in IC 36-7-4-1003. ('67 Code, § 32.12)
(Ord. 24-l969, passed 12-15-69)
§ 35.066 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and it shall
be its duty to:
(A) Determine appeals from and review any order, requirement, decision,
or determination made by an administrator or official charged with the
enforcement of any zoning ordinance or regulation or any ordinance requiring the
procurement of an improvement location or occupancy permit adopted pursuant
to the provisions of any state statute applicable.
(1) The appeal shall specify the ground thereof and shall be filed
within such time and in such form as may be prescribed by the Board under its
general rules.
(2) The administrative official for whom the appeal is taken, shall
upon request of the Board of Zoning Appeals, transmit to it all documents, plans,
and papers or certified copies thereof constituting the record of the action for
which an appeal is taken.
(B) Decide special exceptions to the terms of any zoning ordinance

adopted pursuant to the provisions of the enabling acts of the state legislature
under which this Board of Zoning Appeals was created where any such
ordinance authorized the Board to permit exceptions.
(C) Grant or deny variances of use, height, bulk, and area from the terms
of any zoning ordinance adopted pursuant to any state statute applicable to the
Board.
(D) In exercising its powers, the Board may reverse or confirm wholly or
partly, or may modify the order, requirement, decision, or determination appealed
from as in its opinion ought to be done to premises and to that end, shall have all
of the powers of the officer or board for whom the appeal is taken.
(E) Hear and determine appeals in the manner prescribed in Indiana Acts
of 1981, P.L. 309, § 23, as amended.
('67 Code, § 32.11) (Ord. 5-1991, passed
8-19-91)
CABLEVISION AUTHORITY
For provisions concerning the Cable Authority, see § 9l.025.
Cross-reference:
Cable communications, see Ch. 9l
DEPARTMENT OF LAW
There is established a Department of Law pursuant to IC 36-4-9-4.
(Ord. 2-l983, passed 7-18-83)
DEPARTMENT OF PARKS AND RECREATION
There is established a Department of Parks and Recreation.
(Ord. 2-l983, passed 7-18-83)
Cross-reference:
Parks and Recreation, see Ch. 99
Establishment of Department, see IC 36-10-3-3
DEPARTMENT OF SANITATION
§ 35.115 EMPLOYMENT POLICIES.
(A) (1) All employees of the City Sanitation Department shall be classified
as follows:
Position Job Classification
Driver A
Helper B
Helper C
Helper D
(2) These classifications are minimum only, and after a one-year

period from the passage of this section, if job classifications are not achieved, the
employee failing to meet the requirements shall be discharged.
(B) Removal; notice. The Sanitation Board may remove any sanitation
employees from the occupations for just cause after a Board hearing upon ten
days' prior notice, either personally or by mail, directed to the last place of
residence of the employee. An employee may be removed for failure to qualify
pursuant to job classifications herein defined.
(C) This section shall govern and be applicable to all other employees of
the Department when employed in the Department. However, each employee
hereafter employed shall be allowed a probationary period of one year in which
to meet qualifications unless the employee resigns or is removed for just cause
prior to the termination of the one-year period.
('67 Code, § 31.11) (Ord. 6-l962, passed 4-16-62)
Sanitation Department established,
see IC 36-9-25-l et seq.
ECONOMIC DEVELOPMENT COMMISSION
There is established an Economic Development Commission. The
Commission shall consist of the Economic Development Commission heretofore
organized by ordinance under IC 18-6-4.5 (now IC 36-7-12-l et seq.) and
reaffirmed by this chapter.
(Ord. 2-l983, passed 7-18-83)
FIREFIGHTERS' PENSION BOARD OF TRUSTEES
§ 35.135 FIREFIGHTERS' PENSION BOARD OF TRUSTEES.
For provisions concerning the Firefighters' Pension Board of Trustees, see
§ 34.03.
LIBRARY BOARD
§ 35.145 LIBRARY BOARD.
For provisions concerning the establishment of the Library Board, see IC
36-10-2-4.
POLICE PENSION BOARD OF TRUSTEES
§ 35.155 POLICE PENSION BOARD OF TRUSTEES.
For provisions concerning the Police Pension Board of Trustees, see §
33.06.
TRAFFIC DIVISION
For provisions concerning the Traffic Division, see § 70.15 et seq.
TRAFFIC SAFETY COMMISSION
There is established a Traffic Safety Commission to serve without
compensation, consisting of the Chief of Police, or in his discretion, as his
representative the Chief of the Traffic Division, the Chairman of the Common
Council Traffic Committee, and one representative each from the City Engineer's
office and the City Attorney's office and such number of other city officers and
representatives of unofficial bodies as may be determined and appointed by the
Mayor. The Chairman of the Commission shall be appointed by the Mayor and
may be removed by him.
('67 Code, § 32.02(A)) (Ord., passed)
§ 35.176 DUTIES.
It shall be the duty of the Traffic Safety Commission, and to this end it
shall have the authority within the limits of the funds at its disposal, to coordinate
traffic activities (to carry on educational activities in traffic matters), to supervise
the preparation and publication of traffic reports, to receive complaints having to
do with traffic matters, and to recommend to the Common Council of this city and
to the City Traffic Engineer, the Chief of the Traffic Division, and other city
officials, ways and means for improving traffic conditions and the administration
and enforcement of traffic regulations.
('67 Code, § 32.02(B)) (Ord., passed)
CHAPTER 36: CITY POLICY
Section
General Provisions
36.01 Membership in certain groups; city memberships
Handicapped Persons
36.15 Adoption of federal regulations; prevention of discrimination

36.16 Provision of auxiliary aids
36.17 Employment policies
36.18 Evaluation of city's progress; findings; implementation of remedial
action
36.19 Grievance procedures
GENERAL PROVISIONS
§ 36.01 MEMBERSHIP IN CERTAIN GROUPS; CITY MEMBERSHIPS.
(A) The Common Council of the city may appropriate funds necessary to
provide membership of the City and its elected and appointed officials and
employees in local, regional, state, and national associations of a civic,
educational, or governmental nature which have as their purpose the betterment
and improvement of municipal government operations.
(B) The Common Council shall designate by resolution or motion the
associations to which dues may be paid, which associations may include, but not
be limited to, the Indiana Association of Cities and Towns; the National League of
Cities; and the National Institute of Municipal Law Officers.
(C) The city may participate through the appropriate elected or appointed
officials or duly designated representa-tives in the meetings and activities of the
associations, and the Common Council may appropriate funds necessary to
defray expenses of the elected or appointed officials or duly designated
representa-tives in connection therewith.
(D) The Common Council may budget and appropriate funds from the
General Fund of the city to pay expenses of or to reimburse city officials or
employees for expenses incurred in promoting the best interests of the city. The
expenses may include, but not be limited to, rental of meeting places, meals,
decorations, memorabilia, awards; expenses incurred in interviewing job
applicants; expenses incurred in promoting industrial, commercial, and
residential development; expenses incurred in developing relations with other
units of government; and any other expenses of a civic or governmental nature
deemed by the Mayor to be in the best interests of the City.
(Ord. 1-l982, passed 3-l-82)
(E) The city shall maintain membership in the following organizations:
Indiana Association of Cities and Towns.

Interlocal Association.
Indiana League of Municipal Clerks and Treasurers.
Marion County Fire Prevention Association.
International Association of Fire Chiefs.
International Association of Police Chiefs.
Indiana Association of Chiefs of Police.
Police League of Indiana.
National Rifle Association of America.
F.B.I. National Academy.
National Recreation and Park Association.
Indiana Park and Recreation Association.
Indiana Street Commissioners Association.
Indiana Municipal Lawyers Association,
NIMLO.
(Ord. 18-l977, passed 8-15-77)
HANDICAPPED PERSONS
§ 36.15 ADOPTION OF FEDERAL REGULATIONS; PREVENTION OF
DISCRIMINATION.
(A) The City Council adopts and incorporates into its program activities,
the regulations of Section 504 of the Rehabilitation Act of l983, as required by 31
U.S.C. 6701 through 6724, the Revenue Sharing Act. In so doing the city asserts
that, with respect to discrimination against a qualified handicapped individual, it
shall:
(1) Not exclude a qualified handicapped individual from

participation in programs or activities open to the general public, regardless of
the availability of permissibly separate or different programs or activities
designed especially for the handicapped;
(2) Administer programs and activities in the most integrated

setting appropriate to the needs of qualified handicapped individuals;
(3) Take appropriate steps to ensure that communications with

applicants, employees, beneficiaries, and the general public are available to
persons with impaired vision or hearing, through means such as brailled or taped
material, telecommunication devices, televised information, or other media;
(4) Take the appropriate steps to ensure that the public hearings
are accessible to qualified handicapped individuals and that notice of such
hearings is made available to individuals with impaired vision and hearing,
through means such as telecommunication devices, brailled or taped material,
televised information, qualified sign language interpreters, or other media;
(5) Provide a qualified handicapped individual with an aid, benefit,

or service that is as effective in affording equal opportunity to obtain the same
result, to gain the same benefit, or to reach the same level of achievement as
that provided to others;
(6) Not provide a different or separate aid, benefit, or service to

qualified handicapped individuals or to any class of qualified handicapped
individuals than is provided to others unless such action is necessary to provide
qualified handicapped individuals with aid, benefits, or services that are as
effective as those provided to others; (7) Not aid or perpetuate
discrimination against a qualified handicapped individual by funding an agency,
organization, or person that discriminates on the basis of handicap in providing
any aid, benefit, or service to beneficiaries of the program or activity.
(B) The city shall not, directly or through contractual or other arrange-
ments, utilize criteria or methods of administration that:
(1) Have the effect of subjecting qualified handicapped individuals

to discrimination on the basis of their handicaps;
(2) Have the purpose or effect of defeating or substantially

impairing accomplishment of the objectives of this program with respect to
handicapped individuals; or
(3) Perpetuate the discrimi-nation of another department of the
recipient government if both departments are subject to common administrative
control or are agencies of the same recipient government.
(Res. 23-l984, passed 10-15-84)
§ 36.16 PROVISION OF AUXILIARY AIDS.
The city shall, at the request of, and in consultation with a qualified
handicapped individual, provide appropriate auxiliary aids to individuals with
impaired sensory, manual, or speaking skills, where necessary to prevent a
qualified handicapped individual from being denied the benefits of, excluded from
participation in, or subjected to discrimination under a program or activity. Such
auxiliary aids may include brailled or taped material, the provision of qualified
sign language interpreters, the provision of telecommunication devices,
captioned films, videotapes, televised information, or other media.
(Res. 23-l984, passed 10-15-84)
§ 36.17 EMPLOYMENT POLICIES.

With respect to employment discrimi-nation against a qualified
handicapped individual, the city asserts that it shall:
(A) Not discriminate against a qualified handicapped individual in

employment in any program or activity;
(B) Not participate in a contractual or other relationship that has the effect
of subjecting a qualified handicapped applicant or employee to discrimination
prohibited by this section. The relationships referred to in this division include
relationships with employment and referral agencies, with labor unions, with
organizations providing or administering fringe benefits to employees of the
recipient government, and with organizations providing training and
apprenticeship programs;
(C) Make all decisions concerning employment under any program or

activity in a manner which ensures that discrimination on the basis of handicap
does not occur, and not limit, segregate, nor classify applicants or employees in
any way that adversely affects their opportunities or status because of handicap;
(D) Take appropriate steps to ensure that communications with its

applicants and employees are available to persons with impaired vision and
hearing.
(E) Not discriminate against a qualified handicapped individual in the

following specific activities:
(1) Recruitment, advertising, and the processing of applications for

employment;
(2) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff, and rehiring;
(3) Setting rates of pay or any other form of compensation and

changes in compensation;
(4) Job assignments, job classifications, organizational structures,

position descriptions, lines of progression, and seniority lists;
(5) Granting leaves of absence, sick leave, or any other leave;
(6) Providing fringe benefits available by virtue of employment,

whether or not administered by the city;
(7) Selection and financial support for training, including

apprenticeship, professional meetings, conferences, and other related activities,
and selection for leaves of absence to pursue training;
(8) Employer sponsored activities, including social or recreational

programs; and
(9) Any other term, condition, or privilege of employment.
(F) Make reasonable accommodation to the known physical or mental

limitations of a qualified handicapped applicant or employee unless it can be
demonstrated that the accommodation would impose an undue hardship on the
operation of program or activity. REASONABLE ACCOMMODATION may
include:
(1) Making facilities used by employees readily accessible to and

usable by handicapped persons, and
(2) Job restructuring, part-time or modified work schedules,

acquisition or modification of equipment or devices (for example: telecommuni-
cations devices and other telephone devices), the provision of readers or
qualified sign language interpreters, and other similar actions. Accommodations
shall be made in consultation with the handicapped individual. The determina-
tion of whether an accommodation would impose an undue hardship on the
operation of a program or activity shall be made on a case-by-case basis upon
consideration of the following factors:
(a) The overall size of the government's operations with

respect to number of employees, number and type of facilities, and size of
budget;
(b) The type, composition, and structure of the specific
program or activity and the structure of the workforce required; and
(c) The nature and cost of the accommodation needed.

Such reasonable accommodation may require more than an insignificant
economic cost in making allowance for the handicap of a qualified applicant or
employee and to accept minor inconvenience which does not bear on the ability
of the handicapped individual to perform the essential functions of the job in
question.
(G) Not deny any employment opportunity to a qualified handicapped

employee or applicant if the basis for the denial is the need to make reasonable
accommodation to the physical or mental limitations of the employee or
applicant.
(H) Not use any employment test, selection criterion, or policy that
screens out or tends to screen out from consideration for employment, a
handicapped individual or any class of handicapped individuals unless:
(1) The test, selection criterion, or policy as used by the recipient,

is shown to be directly related to the essential functions of the position in
question, and
(2) Alternative job-related tests, criteria, or policies that do not

screen out or tend to screen out as many handicapped individuals are shown to
be not available.
(I) Select and administer tests using procedures (for example, auxiliary
aids such as readers for visually- impaired individuals or qualified sign language
interpreters for hearing- impaired individuals) that accommodate the special
problems of handicapped individuals to the fullest extent consistent with the
objectives of the test. The test results shall accurately reflect the applicant's or
employee's ability to perform the essential functions of the job in question, rather
than the applicant's or employee's impaired sensory, manual, or speaking skills,
except where such skills are essential requirements of the job.
(J) Not conduct a preemployment medical examination or make

preemployment inquiry of an applicant as to whether the applicant is a
handicapped individual or as to the nature or the severity of a handicap. But may
make preemployment inquiry into an applicant's ability to perform the essential
functions of the job.
(Res. 23-l984, passed 10-15-84)
§ 36.18 EVALUATION OF CITY'S PROGRESS; FINDINGS; IMPLEMENTATION
OF REMEDIAL ACTION.
(A) In meeting this mandate from the Office of Revenue Sharing, the city
has performed the required self-evaluation concerning its current policies,
procedures, employment practices, and facilities (owned and leased). With
respect to policies, procedures, and employment practices, remedial action has
been implemented as a result of this subchapter. With respect to facilities,
certain structural changes are required. These changes are noted in the attached
departmental memoranda and will be implemented prior to October 17, l986.
Copies of the memoranda are available in the office of the Clerk-Treasurer.
(B) The city will continue to monitor policies, procedures, and facilities to
insure compliance before and after this date. Furthermore, the city designated
Marcella L. Miceli on October 15, l984, as the contact person to coordinate
efforts to comply with this requirement and implement the transition plan.
(Res. 23-l984, passed 10-15-84)
§ 36.19 GRIEVANCE PROCEDURES.
The city also establishes the following procedure for filing a grievance
alleging any action prohibited by this subchapter:
(A) Complaints must be filed not later than 180 days from the date of the
alleged violation.
(B) Complaints may be filed in writing or made orally to the contact

person.
(C) Complaints must be signed by the complainants or their authorized

representative.
(D) Complaints must contain the complainant's name, address, and

telephone number.
(E) Complaints must identify the act or acts considered to be a violation of

this subchapter.
(F) If the complaint contains incomplete information, the city will request
the needed information, with such additional information due within 60 days of
the request, after which the case may be closed.
(G) The city will investigate each complaint and develop a complete
record within 60 days of the filing date (unless the information is incomplete).
This will consist of the name and address of each person interviewed, a
summary of their statements, copies of pertinent documents, a summary of the
evidence in the investigation, and the recommended findings and resolution.
(H) When the investigation finds that a department or person has not
complied with the law, efforts to secure compliance through conciliation will be
made. The department or person will be required to make a written commitment
to take the necessary corrective action and provide a report indicating what was
done.
(I) If an investigation indicates a violation and the complaint has not been
resolved by informal means, the contact person shall arrange an opportunity for a
hearing before the City Council.
(J) If a complaint investigation indicates a violation and the matter is not

resolved by informal means, the city may seek judicial action.
(Res. 23-l984, passed 10-15-84)
CHAPTER 37: EMPLOYMENT POLICIES
Section
37.01 Policy Handbook for Non-Elective Employees adopted

37.02 Personnel Manual adopted by reference
37.03 Vacations
37.04 Holidays
37.05 Sick leave
37.06 Clothing allowances
37.07 Public Employees' Retirement Fund
37.08 Resignations
37.09 Automobile transportation allowance
37.10 Use of municipal vehicles
37.11 Educational incentive pay
Cross-reference:
Employment policies regarding handicapped persons, see § 36.17
§ 37.01 POLICY HANDBOOK FOR NON-ELECTIVE EMPLOYEES ADOPTED.
(A) The Policy Handbook for Non-Elective Employees is hereby adopted
in the form and words attached hereto and made a part hereof by reference.
(B) The Policy Handbook as adopted by this chapter shall supersede all
former rules, regulations, and ordinances in conflict therewith.
(C) The Policy Handbook shall be in force and effect 75 days after its
passage by the Common Council and approval by the Mayor.
(Ord. 6-l979, passed 4-17-79)
§ 37.02 PERSONNEL MANUAL ADOPTED BY REFERENCE.
The city's Revised Personnel Manual shall be adopted by reference as if
fully set out herein. A copy of same shall be provided to all nonexempt
personnel.
(Ord., passed; Am. Ord. 27-l979, passed 11-5-79; Am. Ord. 6-1995, passed 11-6-
95)
§ 37.03 VACATIONS.
(A) Anniversary year. The anniversary year, for the purpose of calculating
the number of vacation days due an employee, shall start April 1.
(B) Accumulation rate; five day week. Each employee of the city working
a normal five day work week, shall accumulate one day of vacation for each
month of employment, in the first year of his employment by the city. The total
accumulation shall not be more than five vacation days in the first year of
employment.
(C) Accumulation rate; six day week. Each employee of the city working
a normal six day work week, shall accumulate one day of vacation for each
month of employment in the first year of his employment by the city. The total
accumulation shall not be more than six vacation days in the first year of
employment.
('67 Code, § 31.06) (Ord. 4-l976, passed 7-6-76)
(D) If an employee quits or is discharged, the employee shall be paid an

amount of vacation pay which the employee shall have accumulated based upon
the above formula within the anniversary year in which he is terminating.
Likewise, if an employee has used an unaccumulated amount of vacation time
within the anniversary year in which he terminates, the city shall deduct from his
last pay, the amount of unaccumulated vacation pay based upon the formula in
divisions (B) and (C). ('67 Code, § 31.07) (Ord. 4-l967, passed 4-3-67)
Advance payment of compensation earned during vacation, see IC 36-4-
8-9
§ 37.04 HOLIDAYS.
(A) All city offices shall be closed and all regular hourly and salaried
employees shall not be required to work on the following recognized holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day, and other national holidays. However, this section and §
35.115 shall not apply to those employees of the city who, by reason of their
essential duties, are scheduled to work on such holidays. Essential duties shall
include, but not be limited to, police, fire, sewage treatment, sanitation and street
departments.
(B) Holidays falling on Sunday. Whenever one of the above enumerated

holidays falls on a Sunday, the holiday will be observed on the following Monday.
('67 Code, § 31.09)
(C) Hourly employees whose normal work would include work on a

holiday shall be paid at the regular rate for eight hour's work, even though no
work is performed by the employee on the holiday. Regular monthly salaried
employees shall be paid at the regular rate per month even though no work is
performed on a holiday, designated under division (A) hereof. ('67 Code, § 31.10)
(Ord. 4-l967, passed 4-3-67)
§ 37.05 SICK LEAVE.
(A) Accumulation. Full-time employees shall be granted 3/4 of a day of
sick leave credit per month and shall have the right to accumulate unused sick
leave up to a maximum of 1440 hours (180 days). Sick leave shall not be
accumulated while an employee takes leave of absence without pay or while an
employee is receiving workers' compensation pay. Any employee granted a paid
leave shall continue to earn sick leave. Accumulation of sick leave shall be
credited to each employee on the first of each calendar month. Employees who
were hired prior to June 1, l979 shall be granted credit for sick leave days
retroactive to their actual date of employment, subject to the maximum
accumulation of 1440 hours (180 days).
(B) Use of sick leave. A day of sick leave shall be used for each day an
employee is sick and off work during a work week. A doctor's statement
regarding the nature of the illness and recovery therefrom will be required in
cases where more than three working days of absence results from injury or
illness. Sick leave may also be used for doctor's appointments or other health
maintenance needs, with approval of the Department Head. The employee must
take 1/2 day sick leave as a minimum of sick leave for this purpose.
(C) In addition to sickness of an employee, sick leave may also be used

in the event of serious illness or hospital confinement of a spouse or child, up to
a maximum of 24 working hours per occurrence with permission of the
Department Head.
(D) Employees shall not be entitled to use accumulated sick leave for
purposes of early retirement or leave prior to a termination unless the employee
is suffering from a bona fide injury, disease, illness, or incapacitating disability.
The city shall have the right to require a physical examination of the person of the
employee by the city's duly designated physician at reasonable times and places,
at the expense of the city.
(E) The city shall compensate an employee at the time of his or her
regular retirement or death during active service and employment for
accumulated but unused sick days at the rate of one-day's pay for every two
accumulated but unused sick days.The pay rate shall be based upon the base
pay rate the employee is actually receiving at the time of such regular retirement.
The following formula shall be used for computating a retiring employee's sick
pay:
(1) Base salary divided by 2080 (hours worked per year) times
eight hours times one half sick days unused.
(2) Example 1st Class Private $27,875 divided by 2080 =

$13.40 x 8 = $107.20% (one half days unused, 150 divided by 2 = 75) 75 =
8,040.
(F) The city shall have the option of payment: Either one total lump
sum check or payment at every normal payroll period after termination until the
sick pay amount is totally paid to the employee.
(G) Payment of accumulated sick pay for other than regular retirement
shall be at
the sole discretion of the Board of Public Works and Safety.
(H) The city shall not be required to compensate an employee for

unused accumulated sick days upon the employees voluntary or involuntary
resignation or discharge during his or her active service and employment.
(I) Employees shall be permitted to utilize their sick leave benefits as

they accumulate provided the employee complies with all appropriate provisions
of this section.
(J) “REGULAR RETIREMENT” shall be defined as follows:
(1) For police and firefighters regular retirement shall be

governed by the provisions of the respective pension statutes, rules and
regulations of the Police and Fire Departments; and
(2) For all other employees, an employee shall be eligible for

regular retirement when the sum of the employee's age and total years of service
equal the number 65.
§ 37.06 CLOTHING ALLOWANCES.
(A) The city, through and for all its various departments, is hereby
authorized to appropriate and spend municipal funds from the General Fund for
clothing allowances where the Mayor and Board of Public Works and Safety
deem the uniforms and clothing allowances appropriate.
(B) The exact amount of the clothing and uniform allowance shall be set
from time to time by the Board of Public Works and Safety by official action not
less than annually and prior to adoption of a salary ordinance by the City Council.
Such amounts so set shall be reviewed as all other "budget items" are reviewed
and appropriated by the Common Council of the city.
(C) All uniform and clothing allowances paid by the city to the date of the
adoption of this chapter are hereby ratified and approved.
(Ord. 16-l976, passed 11-l-76)
§ 37.07 PUBLIC EMPLOYEES' RETIREMENT FUND.
(A) The city elects to become a participant in the Public Employees'
Retirement Fund as established by the Acts of l945, Chapter 340, and all acts
amendatory and supplemental thereto.
(B) The city agrees to make the required contributions under the Public
Employee's Retirement Fund Act and related subjects as codified in IC 5-10.1-1-
1 et seq., 5-10.2-1-1 et seq., and 5-10.3-l-1 et seq.
(C) All full-time elected and appointed employees are declared to be

covered by the Fund.
(D) It is declared that none of the classifications or positions specified in

division (C) are compensated on a fee basis or of an emergency nature, or in a
part-time category.
(E) The active participating membership of the city shall begin on July 1,
l977.
(Ord. 9-l977, passed 6-8-77)
§ 37.08 RESIGNATIONS.
If an employee quits of his own accord, the employee's tenure is
terminated as of his last working day. If the employee is later rehired, he shall be
considered a new employee.
('67 Code, § 31.08) (Ord. 4-l967, passed 4-3-67)
§ 37.09 AUTOMOBILE TRANSPORTATION ALLOWANCE.
The city shall pay an automobile transportation allowance to its employees
or officers, who drive their personal vehicles outside the city while engaged on
city business at the same rate, as amended from time to time, that the State of
Indiana pays its employees.
(Ord. 28-l984, passed 11-l9-84)
§ 37.10 USE OF MUNICIPAL VEHICLES.
(A) The operation and use of municipal vehicles shall be administered
and controlled by the various heads of the individual departments of the city to
which the vehicles appertain.
(B) All municipal vehicles shall be clearly marked with the name of the city
and the department to which the vehicles are assigned, on both sides of the
vehicle, except for exceptions as set out below.
(C) The Police Department may utilize at least three vehicles as

unmarked traffic and pursuit vehicles, detective vehicles, or undercover vehicles.
The Chief of Police shall designate specific vehicles for those purposes. Such
vehicles may be assigned to a specific individual employee who shall be "on call"
24 hours per day for individual assignments and emergencies. Personal use of
all the above-described vehicles shall be de minimis.
(D) All marked and special municipal vehicles shall be assigned to

municipal employees for the convenience of the city. De minimis personal use is
assumed by the Board of Public Works and Safety. Take-home vehicles are
assigned to individual employees for the convenience of the city and to ensure a
means of ready, dependable transportation for such employees to work stations,
emergency purposes, and call-ins as required by department heads. These
vehicles are assigned at the pleasure of the Board of Public Works and Safety
and for the convenience and benefit of the city.
(E) Daily logs for use of municipal vehicles are not required. However,
employees shall keep sufficient records to substantiate more than de minimis
personal use of any municipal vehicle. Such use shall be reported to the city as
may be required by I.R.S. and the Indiana Department of Revenue Regulations,
which may be in force from time to time.
(Special res. 2-l985, passed 6-17-85)
§ 37.11 EDUCATIONAL INCENTIVE PAY.
(A) There is hereby established a program for educational incentive
pay (EIP) for all full time employees and elected and appointed officers of the
city, and who are also members of the Public Employee Retirement Fund
(PERF).
(B) The education incentive pay program shall be administered as

follows:
(1) Educational incentive pay (EIP) benefits shall apply to all

employees who are full time whether elected or appointed and are members of
PERF.
(2) This benefit shall apply to degrees from Associate's through

Master's.
(3) EIP will not apply to degrees earned or courses taken prior
to employment by the city except as provided in subsection (14) below for
present employees.
(4) New employees are eligible for EIP benefits immediately

upon employment and at any time thereafter. Current employees may request
EIP benefits after the effective date of this section.
(5) Auditing of college classes shall not be included in this

benefit.
(6) Employees currently receiving compensation for completed

education will continue to receive that compensation.
(a) Employees who have accumulated a portion of a

fifteen credit hour requirement which had applied to previous incentive pay
programs will have that accumulation compensated at the level described in
subsection (11) below.
(7) Program benefits will apply to degree work and may apply to
individual college courses not leading to a degree.
(a) To obtain program benefits for degree work, the

employee shall notify their respective department head (DH) in writing of the
degree being or to be pursued with a list of all courses necessary to obtain said
degree. Elective courses necessary to earn a degree shall be treated the same
as required courses. No restrictions will be placed by the city regarding which
electives an employee may take. The above mentioned list of courses shall be
retained in the employee's personnel file to facilitate checking the employee's
progress and adherence to requirements.
(b) Program benefits will apply to individual courses not

leading to a degree on certification programs only upon prior approval by the
employee's DH. The Board of Public Works and Safety shall adopt resolutions
approving all individual certification programs not leading to a degree for each
department of the city except for the office of clerk-treasurer. The clerk-treasurer
shall determine which courses or programs are approved for his/her employees.
(c) An employee who is pursuing a non-degree

course of study may elect to seek a degree. The courses taken prior to the
decision to seek a degree will remain at the benefit level listed in subsection
(11)(a) below. Courses taken subsequent to the decision to complete such a
degree will be compensated per the formula in subsection (11)(e) below.
Completion of the desired degree shall cause the employee annual benefit to
increase so that the cumulative total equals the amount shown in the appropriate
subparagraph of subsection (11) below. Approved courses taken but not needed
for the degree will continue to receive the compensation listed in subsection
(11)(a) below, in addition to the compensation received for the degree.
(8) EIP shall be received by an employee starting with the first

pay of the first budget year following completion of approved course(s) on a per
course basis. No accumulation of credit hours is required except on an annual
basis.
(9) No EIP shall be received by an employee for courses in

which the employee receives a failing grade by the institution at which the
course(s) was taken.
(10) EIP earned after January 1, 1998 and for new employees
hired after January 1, 1998 shall be added to the annual base pay as a bonus
and shall not be a part of the annual base salary of an employee.
(11) EIP shall be as follows:

(a) Approved non-degree courses - $7.00 per credit
hour per year.
(b) Associate's Degree - $500 maximum (cumulative).
(c) Bachelor's Degree - $1,000 maximum (cumulative).
(d) Master's Degree - $250 maximum (cumulative).
(e) The per hour benefit for the degrees listed in

subsections (b), (c), and (d) above shall be computed by dividing the dollar
amount by the total hours required to be completed for the degree sought. e.g.
$500 divided by 62 hours = $8.06 per hour (Associate's Degree). The odd cents
lost by not rounding and using a two place decimal shall be retrieved at the
granting of the degree when the employee's pay shall reflect the full amount
allowed. The EIP shall be paid as determined by the clerk-treasurer.
(f) The Board of Public Works and Safety shall establish

the payment for certification programs for each department of the city by
resolution.
(12) Degree work which was commenced prior to employment by

the city shall be eligible for EIP only for the hours remaining to complete a
degree. The credit hour benefit for the remaining hours shall be calculated using
the total hours required for the degree per the formula above. At the completion
of the degree work, the full pay for the degree shall be applied to the employee's
pay.
(13) EIP will cease upon termination of full time employment for
whatever reason including, but not limited to, resignation and retirement.
(14) All eligible employees shall have their pay adjusted for
degrees and courses already completed according to subsection (11) above
effective January 1, 1998. This paragraph shall apply to courses taken or
degrees earned since 1977 only.
(15) Changes to the EIP pay program established by ordinance

shall only be made by ordinance of the Common Council or any Resolution of the
Board of Public Works and Safety.
(Ord. 5-1997, passed 12-1-97)
CHAPTER 38: CITY FINANCE; TAXATION
Section
Cumulative Capital Development Fund
38.01 Establishment of fund

38.02 Imposition of tax
38.03 Use of funds
CUMULATIVE CAPITAL DEVELOPMENT FUND
§ 38.01 ESTABLISHMENT OF FUND.
There is established a City Cumulative Capital Development Fund.
(Ord. 6A-l985, passed 7-15-85)
§ 38.02 IMPOSITION OF TAX.
(A) An ad valorem property tax levy will be imposed and the revenues
from the levy will be retained in the City Cumulative Capital Development Fund.
(B) The maximum rate of levy under division (A) will not exceed:
(1) $.05 per $100 assessed valuation for l986.

(Ord. 6A-l985, passed 7-15-85)
§ 38.03 USE OF FUNDS.
(A) The funds accumulated in the City Cumulative Capital Development
Fund will be used for projects authorized under IC 36-10-3-21, Cumulative
Building Fund -Parks; or IC 36-10-4-36, Cumulative Sinking and Building Fund -
Parks.
(B) Notwithstanding division (A) above, funds accumulated in the City

Cumulative Capital Development Fund may be spent for purposes other than the
purposes stated in division (A) above, if the purpose is to protect the public
health, welfare, or safety in an emergency situation which demands immediate
action. Money may be spent under the authority of this section only after the
Mayor issues a declaration that the public health, welfare, or safety is in
immediate danger that requires the expenditure of money in the fund.
(Ord. 6A-l985, passed 7-15-85)
CHAPTER 39: ORDINANCE VIOLATIONS BUREAU
Section
39.01 Ordinance Violations Bureau created

39.02 Clerk-Treasurer to accept payment of fines
39.03 Schedule of sections subject to admission of violation
39.04 Admission of and payment of penalties
§ 39.01 ORDINANCE VIOLATIONS BUREAU CREATED.
There shall be created an Ordinance Violations Bureau for the city and the
City Clerk-Treasurer shall serve as the Violations Clerk of such Bureau.
(Ord. 1-l989, passed 5-8-89)
§ 39.02 CLERK-TREASURER TO ACCEPT PAYMENT OF FINES.
The City Clerk-Treasurer shall accept written appearances, waivers of
trial, admissions of violations and payment of civil penalties of not more than $25
in ordinance violations cases.
(Ord. 1-l989, passed 5-8-89)
§ 39.03 SCHEDULE OF SECTIONS SUBJECT TO ADMISSION OF
VIOLATION.
The following sections of this code of ordinances shall be subject to
admissions of violations before the City Clerk-Treasurer:
Code Sections
70.01 - 70.08
71.01
71.03 - 71.06
71.35 - 71.38
71.45 - 71.48
71.50
71.60 - 71.62
71.70
71.99
72.01 - 72.99
73.01 - 73.11
74.01 - 74.99
75.01 - 75.99
76.01 - 76.99
Ch. 77, Scheds. I and II
Ch. 78, Scheds. 1, II and III
90.01 - 90.99
112.01- 112.99
114.01- 114.99
115.01- 115.99
116.01- 116.99
117.10- 117.99
131.01 - 131.99
151.01 - 151.99
(Ord. 1-l989, passed 5-8-89)

§ 39.04 ADMISSION OF AND PAYMENT OF PENALTIES.
(A) A violator of the sections listed in § 39.03 above may elect to
admit a violation of any of the above scheduled ordinances before the City
Violations Clerk. The City Violations Clerk may assess a civil penalty as follows:
For the first violation, $10.

For the second violation, $18.
For the third violation, $25.
For any violations more than three, the penalty shall be $25 per
violation.
(B) Admissions and payment of penalties under this chapter may be

made in person, by mail, or through an agent of the violator, which agency shall
be evidenced by a written instrument signed by the violator.
(Ord. 1-l989, passed 5-8-89)
TITLE V: PUBLIC WORKS
Chapter
50. SEWERS
CHAPTER 50: SEWERS
Section
General Provisions
50.01 Definitions
50.02 Connections required; exceptions; surcharges
50.03 Outside vaults prohibited
50.04 State law applicable
50.05 Insurance policy required
50.06 Enforcement of provisions
50.07 Confidential information
50.08 Special agreements
50.09 Amendments
Unlawful Discharges
50.20 Discharging into natural outlet; mandatory connection

50.21 Unlawful discharges into public sewer
50.22 Liability for damages
50.23 Inspections
Rates and Charges
50.30 Users to pay charges

50.31 Imposition of charges
50.32 Calculation of sewer use charge
50.33 Minimum charge; base level; basis of rates; meter surcharge
50.34 Industrial cost recovery charge
50.35 Use of industrial cost recovery payments
50.36 Billing estimates of sewer use charge and industrial cost
recovery charge; reports
50.37 Appeals to the Board of Sanitation
50.38 Rate review of sewer use charge, industrial cost recovery charge
50.39 Rates for multiple dwellings
50.40 Users to have meters
50.41 Charges to users without city meters
50.42 Calculations for use in excess of l,500 cubic feet per month
50.43 City subject to prevailing rates
50.44 Billing; collection
50.45 Which users to be billed
50.46 Exceptions for lawn sprinkling, fire protection
Permits
50.55 Connection permit

50.56 Industrial permit
50.57 Revocation of permits; notice thereof
Plumbing; Excavations
50.65 Contractor or plumbing license required; fee

50.66 Bond required
50.67 Application for excavating
50.68 Subsurface fill required
50.69 Use of barricades, warning signs
50.70 Returning street to original condition
50.71 Excavation permit fees
50.72 Inspection fees
Elmwood Sewer
50.80 Designation of sewer

50.81 Connection to, extension of sewer
50.82 Service charge
50.83 Tap fee
50.99 Penalty
City's authority to regulate water works, see IC 36-9-2-l4
Establishment of public utilities, see IC 36-9-2-l5
Establishment of rates, see IC 36-9-23-25
Municipal sewage works, see IC 36-9-23-25
Regulation of sewers, see IC 36-9-2-l7
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ASTM. The American Society for Testing and Materials.

BOARD. The Board of Public Works.
BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen

utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in five days at 20° centigrade, expressed in milligrams per liter.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage

system which received the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer, beginning
five feet (one and one-half meters) outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public
sewer or other place of disposal.
CITY SEWER. A sewer owned and operated or operated and controlled

by the city.
COMBINED SEWER. A sewer intended

to serve as a sanitary sewer and a storm sewer or as an industrial sewer and a
storm sewer. A COMBINED SEWER may receive surface water and runoff, and
sanitary and residential wastewaters from residences, commercial buildings,
industrial plants, and institutions.
DIRECTOR. The Director of the Department of Public Works and Safety,

or his authorized deputy, agent, or representative.
GARBAGE. Solid wastes from the domestic and commercial preparation,

cooking and dispensing of food, and from the handling, storage, and sale of
produce.
INDUSTRIAL COST RECOVERY USER.
(1) (a) Any nongovernmental, nonresidential user of a publicly

owned treatment works which discharges more than the equivalent of 25,000
gallons per day (gpd) of sanitary wastes less 25 gallons per day, per employee,
and which is identified in the "Standard Industrial Classification Manual," l972,
office of Management and Budget, as amended and supplemented under one of
the following divisions:
1. Division A: Agricultural, forestry, and fishing.
2. Division B: Mining.
3. Division D: Manufacturing.
4. Division E: Transportation, communications, electric, gas, and sanitary
services.
5. Division I: Services.
(b) Dischargers that have a volume exceeding 25,000 gpd

or the weight of biochemical oxygen demand (BOD) or suspended solids (SS)
equivalent to that weight found in 25,000 gpd of sanitary waste are considered
industrial users. SANITARY WASTES, for purposes of this calculation of
equivalency, are the strengths set out in § 50.33.
(2) Any nongovernmental user of a publicly owned treatment works

which discharges wastewater to the treatment works which contains toxic
pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly
or by interaction with other wastes, to contaminate the sludge of any municipal
systems, or to injure or to interfere with any sewage treatment process, or which
constitutes a hazard to humans or animals, creates a public nuisance, or creates
any hazard in or has an adverse effect on the waters receiving any discharge
from the treatment works.
INDUSTRIAL USER. Any user discharging industrial waste into the sewer
system.
INDUSTRIAL WASTE. The liquid waste from industrial manufacturing

processes, trade, or business, as distinct from domestic sewage.
INFILTRATION. Water other than wastewater that enters a sewage

system (including sewer service connections) from the ground through such
means as defective pipes, pipe joints, connections, or manholes. INFILTRATION
does not include, and is distinguished from, "inflow."
INFILTRATION/INFLOW. The total quantity of water from both infiltration

and inflow without distinguishing the source.
INFLOW. The water discharged into a sewer system, including service

connections, from such sources as, but not limited to, roof leaders, cellar, yard,
and area drains; cooling water discharges; drains from springs and swampy
areas; manhole covers; cross connections from storm sewers and combined
sewers; catch basins; storm waters; surface runoff; street wash waters; or
drainage. INFLOW does not include, and is distinguished from, "infiltration."
INTERCEPTOR SEWER. A sewer whose primary purpose is to transport

wastewater from collector sewers to a treatment facility.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or

other body of surface water or groundwater.
NONINDUSTRIAL USER. All users of the wastewater works not included
in the definition of "industrial user".
OPERATION AND MAINTENANCE COSTS.

Those costs necessary to perform the process of operating and maintaining the
service collection system, capital equipment, tools and machines, vehicles, and
by billing and collection of user charges, replacement management and
supervision of the total Sanitation Department.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in

grams per liter of solution.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation,

cooking, and dispensing of food that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half inch (1.27 centimeters) in
any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have

equal rights, and is controlled by public authority.
REPLACEMENT COST. Expenditures for obtaining and installing

equipment, accessories, or appurtenances which are necessary during the
service life of the sewage collection system to maintain the capacity and
performance for which the sewage collection systems were designed and
constructed. The term operation and maintenance includes replacement.
SANITARY SEWER. A sewer intended to carry only sanitary or sanitary

and industrial wastewaters from residences, commercial buildings, industrial
plants, and institutions, and to which storm, surface, and ground waters are not
intentionally admitted.
SEWAGE COLLECTION SYSTEM. Each and all of the common lateral

sewers within a treatment system which are primarily installed to receive
wastewaters directly from facilities which convey wastewater from individual
structures or from private property, and which include service connection "Y"
fittings designed for connection with those facilities. The facilities which convey
wastewater from individual structures or from private property to the public lateral
sewer, or its equivalent, are specifically excluded from this definition, with the
exception of pumping units and pressurized lines for individual structures or
groups of structures, when those units are cost-effective and are owned and
maintained by the city.
SEWAGE NORMALLY DISCHARGED BY A RESIDENCE.

The liquid waste contributed by a residential living unit which shall not exceed a
volume of l0,500 gallons per month.
SEWER. A pipe or conduit carrying sewage.
SLUG. Any discharge of water, sewage, or industrial waste which in

concentration of any given constituent or in quantity of flow exceeds for any
period of duration longer than 15 minutes, more than five times the average 24-
four hour concentration or flow during normal operation.
STORM DRAIN or STORM SEWER. A sewer which carries storm and

surface water and drainage, but excludes sewage and industrial wastes, other
than unpolluted cooling water.
SUSPENDED SOLIDS (SS). Solids that either float on the surface of, or
are in suspension in, water, sewage, or other liquids, and which are removable
by laboratory filtering.
TREATMENT WORKS. Any devices and systems used in the storage,

treatment, recycling, and reclamation of municipal sewage, domestic sewage, or
industrial wastes of a liquid nature, or necessary to recycle or reuse water at the
most economical cost over the useful life of the works, including intercepting
sewers, outfall sewers, sewage collecting systems, individual systems, pumping,
power, and other equipment and their appurtenances; extensions, improvements,
remodeling, additions, and alterations thereof; elements essential to provide a
reliable recycled supply such as standby treatment units and clear well facilities;
and any works, including site acquisition of the land that will be an integral part of
the treatment process, or is used for ultimate disposal of residues resulting from
such treatment (including land and composting sludge, temporary storage of
such compost, and land used for the storage treated wastewater in land
treatment systems prior to land application); or any other method or system for
preventing, abating, reducing, storing, treating, separating, or disposing of
municipal waste or industrial waste, including waste in combined storm water and
sanitary water systems.
WASTE TREATMENT SYSTEMS, COMPLETE.

A complete waste treatment system, which consists of all the treatment
works necessary to meet the requirements of Title 111 of the Federal Act,
involved in: the transport of wastewaters from individual homes or buildings to a
plant or facility where treatment of the wastewater is accomplished; the treatment
of the wastewaters to remove pollutants; and the ultimate disposal, including
recycling or reuse, of the treated wastewaters and residues which result from the
treatment process. One COMPLETE WASTE TREATMENT SYSTEM would,
normally, include one treatment plant or facility, but also includes two or more
connected or integrated treatment plants or facilities.
WASTEWATER. A combination of the water-carried wastes from
residences, business buildings, institutions, and industrial establishments,
together with such ground, surface, and storm waters as may be present.
WASTEWATER TREATMENT. Any arrangement of devices and

structures used in treating sewage.
WASTEWATER TREATMENT PLANT. Any arrangement of devices and

structures used for treating sewage, and in this chapter it shall refer to the
Indianapolis Department of Sanitation.
WASTEWATER WORKS. All facilities for collecting, pumping, treating,

and disposing of sewage or industrial waste.
WATERCOURSE. A channel in which a flow of water occurs, either

continuously or intermittently.
('67 Code, § 50.01) (Ord. 2-l954, passed 4-l-54; Am. Ord. 1-l979, passed 4-2-79;
Am. Ord. l3-l979, passed l2-l7-79)
§ 50.02 CONNECTIONS REQUIRED; EXCEPTIONS; SURCHARGES.
(A) Installation of service connections.
(1) All property owners wishing to make private connections with

sewer, water, and other like pipes and public conveniences shall bring the
connection inside the curb line of the abutting street from the main, at the owner's
sole cost. Any gas company having or constructing a main in a proposed street
or alley shall lay a service pipe from the main to the property line of each and
every property abutting on the street or alley.
(2) Whenever the Board of Public Works and Safety adopts a

resolution for permanent improvement of the roadway of any street or alley, it
shall declare in the resolution its intention of making, by contract and the owner's
expense, all private connections with sewer, water, and other like pipes and
public conveniences, and of bringing the connections inside the curb lines of the
street or alley, where the same has not already been done by the abutting
property owner; and shall declare its intention of making by contract at the
company's expense service pipe connections between the property line of each
abutting property and the gas main of any gas company having or constructing a
main in the street or alley; and notice of that intention by the Board shall also be
made a part of the notice given concerning the street improvement as required
by law. On default of the owner's making the connection required of him, the
Board shall proceed to do so at the owner's expense, and shall make such
expense a lien on the property, collectible in the same manner as expenses for
other street and sewer improvements, and on default of the gas company's laying
the service pipes required of it, the Board shall proceed to lay them at the gas
company's expense. The work of making the private connections and laying the
service pipe and bringing it within the curb line of the street or alley or at the
expense of the abutting property owner and the gas company shall be included in
the general contract for the permanent improvement of the street or alley.
(3) Bidders on the improvement of any street or alley shall state

the amount of the bid per lineal foot or as a unit for each and every connection
necessary where the improvement has been ordered, on account of each kind of
the private connections with sewer, gas, water, and other like pipes and public
conveniences and of bringing them within the curb lines, where not already done.
The cost of the sewer and water connections shall be charged by the Board to
the owner of the property on the assessment roll, and the amount thereon shall
be a lien on the property, collectible in the same manner as expenses for other
street improvements, and the cost of laying all gas service pipes and connections
shall be charged to the gas company having or constructing a main in the street
or alley.
(4) All work of making private connections and bringing them within
the curb lines as hereinbefore provided, whether done by the owner, gas
company, or by contract made by the Board of Public Works and Safety, shall be
done under permit and subject to the approval of the City Engineer.
('67 Code, § 51.01) (Ord. 1-l985, passed 2-4-85)
(B) Exceptions.
(1) The Board of Sanitation, upon written application by persons

wishing to make sewer connections, shall license sewer connections when a
sewer and main are accessible and available for the applicant and shall also vary
and excuse the applicant if he shows sufficient and meritorious cause to be
excepted fom this chapter's provisions.
(2) Should the Board vary and excuse the applicant from the
provisions of this chapter, the Board may revoke the permit for which variance
and excuse were allowed when just cause is shown that the excuse and variance
should be withdrawn. The permittee shall be notified in writing when the Board
decides to withdraw varying and excusing permit conditions. ('67 Code, § 5l.11)
(C) Surcharge. In the event a sewer connection is made from any lot,
parcel of real estate, or building, directly to one of the interceptors or to one of
the interceptor extensions, construction of which is financed by sewage works
revenue bonds and thus precluding any assessment or charge against that lot,
parcel of real estate, or building for a local or lateral sewer, a connection
surcharge of $200 shall be levied against the lot, parcel of real estate, or building.
The connection surcharge in this section shall be over and above any and all
costs and charges for making the physical connection from the lot to
the sewer. In the event the surcharge is not paid as required, it shall be collected
in the manner provided by statute. ('67 Code, § 50.06) (Ord. 2-l954, passed 4-l-
54) Penalty see, § 50.99
Authority to require connection to public sewer, see IC 36-9-2-l7, 36-9-23-
30
§ 50.03 OUTSIDE VAULTS PROHIBITED.
(A) No person or corporation shall build or install, in connection with any
premises whatever within the city limits, any outside toilet or private septic tank
where any sanitary sewer system is available for the use of the premises within
300 feet of the property line. ('67 Code, § 5l.l2)
(B) No person shall construct or maintain a privy vault on any lot or lands
abutting upon any street, alley, or otherwise within the city limits where
connections with a public sewer and public water main are or have become
accessible to the person and the lot or lands owned by them. These sewer
connections shall be deemed accessible when a public sewer and water main
are reasonably accessible and available for use by the owner of any such lot or
land. The owner of any lot or land within the city limits shall make the referred to
connections when public sewers and water mains are accessible and available.
(C) No permit or license shall be issued to any person for authorization of

constructing any privy vault or water closet upon any city land when connection
to a public sewer and water main is accessible and available to the person.
(D) No person shall keep or maintain any privy vault or water closet which
is not constructed, kept, or maintained to eliminate noxious and offensive smells
and other unsanitary or unsafe conditions.
('67 Code, § 5l.11)
Penalty, see § 50.99
§ 50.04 STATE LAW APPLICABLE.
All plumbing within the city shall be installed in accordance with the
provisions for plumbing installation as contained in the State Plumbing
Commission Law, IC 25-28.5-l-1 et seq. pursuant to any and all revisions and
amendments thereto, and subject to the approval of the Building Commissioner.
This chapter shall apply to all private as well as public buildings within the city.
('67 Code, § 5l.02) (Ord. l3-l962, passed 8-6-62; Am. Ord. 1-l985, passed 2-4-
85)
§ 50.05 INSURANCE POLICY REQUIRED.
No person or corporation shall commence or do any plumbing within the
city limits unless he provides and files with the Clerk-Treasurer, after approval by
the City Building Commissioner, a policy of public liability and property damage
insurance to indemnify and save the city harmless, and any other person or
corporation, from damages as a result of negligence in the installation of any
plumbing or excavating in connection with the plumbing installation. The
insurance policy shall be in an amount of not less than $l00,000.
('67 Code, § 5l.06) (Ord. 1-l973, passed 3-5-73) Penalty, see § 50.99
§ 50.06 ENFORCEMENT OF PROVISIONS.
The City Building Commissioner is authorized to enforce the provisions of
this chapter.
('67 Code, § 51.11)
§ 50.07 CONFIDENTIAL INFORMATION.
The Director of Public Works shall protect any information (other than
effluent data) contained in the application forms, or other records, reports, or
plans as confidential upon showing by any person that such information if made
public would divulge methods of process entitled to protection as trade secrets of
those persons.
(Ord. 1-l979, passed 4-2-79)
§ 50.08 SPECIAL AGREEMENTS.
Special agreements and arrangements between the Department and any
person may be established when in the opinion of the Director of Public Works
unusual or extraordinary circumstances compel special terms and conditions.
The Director of Public Works shall consider the total cost of application of
technology in relation to the pollutant reduction benefits to be achieved from such
application, the quantity of pollutants that will be included in the discharge, the
impact of those pollutants on the treatment system and such other facts as the
Director deems appropriate.
(Ord. 1-l979, passed 4-2-79)
§ 50.09 AMENDMENTS.
After passage of this section, and from time to time thereafter as may be
needed, the Sanitation Board may by resolution promulgate rules and regulations
necessary to implement and carry out the provisions of this chapter and not
inconsistent therewith. Before any such rules and regulations shall become
effective, the Sanitation Board shall give notice and hold a public hearing,
according to the procedures provided in IC 36-9-25-11
(Ord. 1-l979, passed 4-2-79)
UNLAWFUL DISCHARGES
§ 50.20 DISCHARGING INTO NATURAL OUTLET; MANDATORY
CONNECTION.
(A) It shall be unlawful to discharge to any natural outlet or watercourse
within the city any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with the laws of the United States,
the state, or the city.
(B) Except where a valid national pollution discharge elimination system

permit exists, the owner of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within the city
and abutting any street, alley, or right-of-way in which there is now located or
may in the future be located a city sewer, is hereby required at his expense to
connect those facilities directly with the proper city sewer in accordance with the
provisions of this chapter, within 90 days after the day of official notice to do so,
provided that the city sewer is within l00 feet (30.5 meters) of the property line,
notwithstanding whether or not the facilities are served by any private sewage
disposal system and within conditions as hereinafter provided.
(Ord. 1-l979, passed 4-2-79) Penalty, see § 50.99
Authority to exercise power within ten miles of corporate boundaries, see
IC 36-9-23-36
§ 50.21 UNLAWFUL DISCHARGES INTO PUBLIC SEWER.
(A) The Board of Public Works and Safety is authorized to prohibit
dumping of wastes into the city sewerage system which the Board deems
harmful to the operation of the sewage treatment works. The Board may require
methods affecting pretreatment of wastes to reduce the characteristics of the
waste satisfactory to the Board. ('67 Code, § 50.07) (Ord. 2-l954, passed 4-l-54)
(B) No person shall discharge or cause to be discharged any storm water,

surface water, groundwater, roof runoff, or subsurface drainage into any sanitary
sewer. ('67 Code, §§ 5l.09, 5l.l2)
(C) Storm water and all other unpolluted drainage may be discharged to
such sewers as are specifically designated as combined sewers or storm sewers,
or to a natural outlet approved by the Director of Public Works. Industrial cooling
water or unpolluted process waters may be discharged, on approval of the
Director, to a city sewer, or a natural outlet.
(D) No owner of any public sewer or sanitary sewer shall introduce into
such sewer any substance or waste that is in violation of the Indianapolis
Sanitation District NPDES permit. In the event that a user introduces such
prohibited substance or waste, the city has the right to reject that substance or
waste from the system, or may apply a surcharge thereon for the treatment
thereof, or may require pretreatment (consistent with state and federal
regulations).
(E) No person shall discharge or cause to be discharged to any city sewer

wastewater or wastes which causes, threaten to cause, or are capable of causing
either alone or by interaction with other substances:
(1) Wastes which create a fire or explosion hazard.
(2) Wastes which will cause corrosive structural damage to the

waste water works, but in no case with a pH lower than 5.0 or higher than 10.0.
(3) Solid or viscous waste in amounts which would cause

obstruction to the flow in city sewers, or other interference with the proper
operation of the wastewater works.
(4) Wastes at a flow rate or pollutant discharge rate which is

excessive over relative short time periods so that there is a treatment process
upset and subsequent loss of treatment efficiency.
(F) In addition to the limitations contained in the foregoing provisions of
this section, the provisions of Section 307 and 308 of the "Federal Water
Pollution Control Act Amendments" of l972, and the U.S. EPA Regulations
promulgated pursuant to those provisions are hereby by reference incorporated
in this section and made a part hereof. Two copies of the regulations are on file
in the office of the Clerk-Treasurer for public inspection, but in no event shall any
person discharge or cause to be discharged a wastewater containing in excess
of:
Daily Average
Pollutant Concentration
Cadmium 1.0 mg/1
Chromium (Hex) 2.0 mg/1
Copper 1.0 mg/1
Cyanide (Total) 0.64 mg/1
Lead 2.0 mg/1
Nickel 2.0 mg/1
Phenols 0.5 mg/1
Zinc 2.0 mg/1
Mercury 0.005 mg/1
Petroleum Oil l00 mg/1
(G) Additional limitations on waste water discharges are:
(1) Having a temperature higher than l50° Fahrenheit.
(2) Containing any garbage not properly shredded.
(3) Containing radioactive material, including but not limited to

radioactive waste above limits, regulations, or orders issued by the appropriate
authority having control over their use.
(Ord. 1-l979, passed 4-2-79; Am. Ord. l3-l979, passed l2-l7-79) Penalty, see §
50.99
§ 50.22 LIABILITY FOR DAMAGES.
(A) If any person discharges or causes to be discharged a waste which
causes obstruction, damage, or any other impairment to the public or sanitary
sewer of the city or of the Indianapolis Department of Public Works wastewater
facilities, or to a receiving stream, the Director of Public Works may assess a
charge against that person for the work required to clean or repair the receiving
stream or wastewater works and add those charges to that person's regular
charge.
(B) Persons shall notify the Director of Public Works immediately upon
accidentally discharging wastes in violation of this chapter to enable
countermeasures to be taken to minimize damage to the wastewater works.
(Ord. 1-l979, passed 4-2-79; Am. Ord. l3-l979, passed l2-l7-79)
§ 50.23 INSPECTIONS.
(A) Right to inspect. Whenever required to carry out the objectives of this
chapter or the municipal code relating to user charges and industrial cost
recovery, federal or state laws, the Director of Public Works or his authorized
representative, upon reasonable notice and at reasonable times, and upon
presentment of his credentials, shall have a right of entry to, upon, or through any
premises for purposes of an inspection, measuring, and sampling of the
discharges. This right of entry shall include, but not be limited to, any equipment
necessary to conduct said inspections, measuring, and sampling. It shall be the
duty of the person to provide all necessary clearance before entry and not to
unnecessarily delay or hinder the Director of Public Works in carrying out the
inspection, measuring, and sampling. The right of entry shall exist at any time
there are discharges to the wastewater works. (Ord. 1-l979, passed 4-2-79)
(B) Inspection of connections. Any and all plumbing and all water main
and sewer drainage connections shall be inspected and approved by the Building
Inspector prior to the time the plumbing is to be used, or any connection to and
with any water main to be made. ('67 Code, § 5l.04) (Ord. 1-l973, passed 3-5-
73)
Authority of Common Council to employ inspectors, see IC 36-9-23-9
RATES AND CHARGES
§ 50.30 USERS TO PAY CHARGES.
For use of and service rendered by sewage treatment works, rates and
charges shall be collected from the owners of each lot, parcel of real estate, or
building connected with the city's sanitary sewage system or which otherwise
discharges sanitary sewage, industrial wastes, water, or other liquids either
directly or indirectly into the city's sanitary sewer system.
('67 Code, § 50.02) (Ord. 2-l954, passed 4-l-54; Am. Ord. 9-l955, passed 9-l6-55;
Am. Ord. 5-l958, passed 9-2-58; Am. Ord. 1-l976, passed 6-8-76)
Authority to establish rates, see IC 36-9-2-l6
§ 50.31 IMPOSITION OF CHARGES.
Effective on January 1, l980, there is imposed a sewer user charge
payable to the Department of Public Works, through the Department of
Sanitation, upon each person owning or occupying real estate that is connected
with and uses the wastewater works, whether or not real estate taxes are
imposed pursuant to IC 36-9-25-l et seq. upon that real estate.
(Ord. l3-l979, passed l2-l7-79)
§ 50.32 CALCULATION OF SEWER USE CHARGE.
The following rates are established.
(A) General formula. The sewer user charge imposed by §§ 50.31
through 50.38 shall be based upon the following general formula:
V = V + V ... + V
T u u u
1 2 n
(B) Nonindustrial user formula.
R = V (V) or
u c
R = BGOMR + ISDV + ISDSS + ISDBOD + DSISD + DSBG
V
u
(C) Industrial user formula.
R = V (V) + B (B) + S (S) + N (N) + P (P) + V (I)

c u c c c c u u
(D) Key to formulae.
"PG OMR" is Beech Grove Operation and Maintenance Costs.
"ISDV" is Indianapolis volume charge to Beech Grove.
"ISD SS" is Indianapolis suspended solid charge to Beech Grove.
"ISD BOD" is Indianapolis BOD charge to Beech Grove.
"CCF" is metered volume per user cubic feet per month.
"DS ISD" is debt service Indianapolis.
"DS BG" is debt service Beech Grove.
Vc is operation and maintenance cost to transport and treat a unit of

users' wastes equal to or below the base level strength.
Bc is operation and maintenance cost to treat a unit of BOD.
Sc is operation and maintenance cost to treat a unit of SS.
Nc is operation and maintenance cost to treat a unit of nitrogen.
Pc is operation and maintenance cost to treat any other pollutant.

B is amount of BOD from a user above base level.
S is amount of SS from a user above base level.
N is amount of nitrogen from a user above base level.
P is amount of any other pollutant from a user above base level.
Vu is volume contribution per user per a unit of time.
VT is total volume contribution from all users per a unit of time (does
not include infiltration, inflow and unmetered).
Ic is industrial surveillance cost per a unit of time (only applies to

those users who are monitored).
Iu is industrial surveillance cost per unit of industrial volume per a unit

of time (only applies to those who are monitored).
R is user's charge for operation and maintenance per a unit of time.
(E) Application of rates to formulae. Until amended, the following rates or

factors shall apply:
Vc = 0.80 per l00 cubic feet
Ic = 0.0l65
Bc = 0.02805 per pound
Sc = 0.055 per pound

(Ord. l3-l979, passed l2-l7-79; Am. Ord. 4-l980, passed 4-2l-80; Am. Ord. 11-
l985, passed l2-l6-85; Am. Ord. 6-l992, passed l2-2l-92)
§ 50.33 MINIMUM CHARGE; BASE LEVEL; BASIS OF RATES; METER
SURCHARGE.
(A) The minimum charge on any monthly billing for an industrial user shall
be $9 and nonindustrial user shall be $7. (This minimum charge includes the $3
surcharge per meter set out hereinafter in division (D).)
(B) Further, for the purpose of the foregoing formula set out in § 50.33 the
BOD base level shall be 250 milligrams per liter and the SS level shall be 300
milligrams per liter.
(C) The industrial and nonindustrial rates and charges shall be based on
the quantity of water used on or delivered to the property or premises subject to
such rates and charges, as the same is measured by the water meters in use
and the strength of the waste where applicable, except as hereinafter provided.
The measuring, billing, and charging to an industrial user for industrial costs
recovery is transferred to the Indianapolis Department of Public Works, who shall
apply the proceeds directly to the costs of such industrial treatment and provided
no charge is made to the City of Beech Grove, Indiana therefore.
(D) Further, in addition to all other charges for such treatment of sewage
waste to an individual user, there is imposed a surcharge of $3 per meter/per
month on each user, which surcharge shall be added to the regular billing of the
user. (The minimum charge set out in division (A) above shall include such $3
surcharge.)
(Ord. l3-l979, passed l2-l7-79; Am. Ord. 11-l985, passed l2-l6-85Am. Ord. 6-l992,
passed l2-21-92)
§ 50.34 INDUSTRIAL COST RECOVERY CHARGE.
(A) For each individual user of the wastewater works, or part thereof that
was constructed in whole or in part with federal construction grants made to the
city pursuant to the "Federal Water Pollutant Control Act Amendments" of l97l,
the industrial user shall be charged and pay to the city that portion of the cost of
construction of the wastewater works which was allocable to the treatment and
transportation of the industrial waste to the extent attributable in the federal share
of the cost of the construction.
(B) The following industrial cost recover rates are hereby established.
The industrial cost recovery charge imposed by this section shall be based upon
the following general formula:
() Formula.1
X= G [V - 25 x E] + IPD
v (365) 30 1
d
(2) Key.
E = Average number of employees per

billing period
G = Grant amount for project
IPD = Indianapolis charges

VI = Volume from industrial user of
its industrial waste
Vd = Daily design value of project

X = ICR charge for billing period
X = ICR charge for billing period
(C) These charges shall be collected annually, provided that in the event
the present moratorium by the U.S. Congress is further extended from its present
termination, this section shall not be effective until the end of that extension
period.
(1) Each industrial user shall pay an annual amount equal to its
share of the total amount of the Step 1, 2, and 3 grants to the city and the
Indianapolis Department of Public Works, and any grant to the city, and any grant
amendments awarded, divided by the recovery period.
(a) An industrial user's share shall be based on all factors

which significantly influence the cost of the treatment works.
(b) Volume of flow shall be considered in determining an

industrial user's share in the industrial cost recover system.
(c) Other factors such as strength, volume, and delivery flow

rate characteristics shall be included to insure a proportional distribution of the
grant assistance allocable to industrial use to all industrial users of the city.
(2) The industrial cost recovery period shall be equal to 30 years.
(3) Payment shall be made by each industrial user no less often

than annually. The first payment by an industrial user shall be made not later
than one year after the user begins use of the treatment works.
(4) If there is an upgrading of the treatment works, each existing

industrial user's share shall be adjusted proportionately.
(5) If there is an expansion of the treatment works, each industrial

user's share shall be adjusted proportionately.
(6) Each user who discharges any toxic pollutants which cause an
increase in the cost of managing the effluent or the sludge of the Indianapolis
Department of Public Works treatment works and which cost is charged to the
city, shall pay those increased costs.
(Ord. l3-l979, passed l2-l7-79; Am. Ord. 4-l980, passed 4-2l-80)
§ 50.35 USE OF INDUSTRIAL COST RECOVERY PAYMENTS.
(A) The city shall use industrial cost recovery payments received from
industrial users as follows:
(1) Fifty percent of the amounts received from industrial users,
together with any interest earned thereon, shall be returned to the U.S. Treasury
annually.
(2) The city shall retain 50% of the amount recovered from
industrial users.
(a) A minimum of 80% of the amounts retained by the city,

together with any interest earned thereon, shall be used for the allowance costs
of any expansion, upgrading, or reconstruction of the sewage collection system
necessary to meet the requirements of the Act. The city shall obtain the written
approval of the Regional Administrator prior to the commitment of the amounts
retained for expansion, upgrading, or reconstruction, or for use as provided in
division (A)(2)(c) below.
(b) The remainder of the amounts retained by the city may

be used as the city sees fit, except that they may not be used for construction of
industrial pretreatment facilities or rebates to industrial users for costs incurred in
complying with user charge or industrial cost recovery requirements.
(c) A portion of the amounts retained by the city shall be

used to pay the incremental costs of administration of the industrial cost recovery
system.
1. The INCREMENTAL COSTS OF

ADMINISTRATION are those costs remaining after allocating all costs
reasonably attributable to the administration of the user charge system to that
system, and the incremental costs shall be segregated from all other
administrative costs of the city.
2. Any amounts used for the incremental costs of

administra-tion shall be first drawn from amounts available under division
(A)(2)(b) above. To the extent that the incremental costs of administration
exceed the amounts in division (A)(2)(b) above, those costs may be paid from
amounts retained under division (A)(2)(a) above.
(B) Pending the use of industrial cost recovery payments, as described in

division (A) of this section, the city shall:
(1) Invest the amounts received in obligations of the U.S.

government or in obligations guaranteed as to principal and interest by the U.S.
government or any agency thereof; or
(2) Deposit the amounts received in accounts fully collateralized by

obligations of the U.S. government or any agency thereof.
§ 50.36 BILLING ESTIMATES OF SEWER USE CHARGE AND INDUSTRIAL
COST RECOVERY CHARGE; REPORTS.
(A) In the event a nonindustrial user subject to the rates and charges
imposed in§ § 50.31 through 50.38 is not served by a public water supply or
water used is not completely metered, then the Director of Public Works shall
have the authority to estimate the volume and strength of the waste and use the
estimate for the purpose of billing rates and charges. The estimate shall be
based upon analysis and volume of a similar installation or the volume and
analysis as determined by measurements and samples taken by the Director of
Public Works or an estimate determined by the Director of Public Works or by
any combination of the foregoing or other equitable method.
(B) Unless otherwise established by the Director of Public Works, each

industrial user subject to the rates and charges imposed in §§ 50.31 through
50.38 shall report to the Director of Public Works by the tenth day of the following
month on a form prescribed by the Director of Public Works an estimate of the
volume discharged in the prior month and a representative value of the strength
of the waste, including but not limited to BOD, SS, and nitrogen.
(1) All measurements, tests, and analysis of the characteristics of

such waste shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Sewage", as published jointly by the
American Public Health Association and the Water Pollution Control Federation,
consistent with 40 CFR Part l36, or by other methods generally accepted under
established sanitary engineering practices and approved by the Director of Public
Works.
(2) The reports submitted shall be subject to verification by the

Director of Public Works but may serve as a basis for billing with all the
necessary adjustments in the amounts to be made after the verification.
(3) In the event an analysis and volume of the industrial waste is

not furnished to the Director of Public Works by the aforementioned time, the
charges shall be based upon the estimates made by the Director of Public
Works, as provided in division (A) above.
(C) The Director of Public Works shall have the right to enter upon the
land of the industrial user and to set up such equipment as is necessary to verify
the reports submitted. It shall be the duty of the industrial user to provide all
necessary clearance before entry and not to unnecessarily delay or hinder the
Director of Public Works in carrying out the measuring and sampling. The right of
entry shall exist during any time the industrial user is operating or open for
business.
(D) In cases where measurements are difficult to make, or the industrial

waste composition changes frequently, or methods of measurement are
necessitated for other sound engineering reasons as determined by the Director
of Public Works, then the Director of Public Works shall have the authority to use
such other basis for determining those charges as shall be reliably indicative of
volume and BOD, SS, and nitrogen strengths or particular industrial waste, such
as, but not limited to, water purchase or usage, character of produce,
comparisons between the industrial user data and collected data from like
industries.
Cross-reference:
Authority of user to install and maintain a meter acceptable to the city for
measuring purposes, see § 50.41
§ 50.37 APPEALS TO THE BOARD OF SANITATION.
(A) Any person subject to §§ 50.31 through 50.38 may appeal the
charges assessed against him to the Board of Sanitation and shall have a
hearing upon the following conditions:
(1) That the person submits billing estimates or authorizes the

Director of Public Works to make such estimates;
(2) That the person has good cause to believe that the charges
assessed are in error;
(3) That notice in writing has been given to the Board within 60
days of receipt of the charges in question.
(B) The Board of Sanitation is directed to notify the person making appeal
of the time and place when his appeal will be heard. Upon evidence sufficient to
the Board submitted to the hearing that the charges are in error, the Board shall
make adjustments in the charges. Adjustments may be in the form of a refund or
a credit against subsequent assessments of the charges provided for in §§ 50.31
through 50.38.
§ 50.38 RATE REVIEW OF SEWER USE CHARGE, INDUSTRIAL COST
RECOVERY CHARGE.
Each year at a time deemed appropriate by the Director of Public Works,
the Director of Public Works shall cause a financial study to be conducted to
determine the various costs identified in §§ 50.31 through 50.37; and report to
the Common Council the need for any necessary adjustments in the rates and
charges required by 40 CFR 35.929-2(b).
§ 50.39 RATES FOR MULTIPLE DWELLINGS.
(A) For the purpose of this section the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) COMMERCIAL UNIT. A room or rooms which are owned or
leased as separate business locations or spaces located in commercial centers
or other locations.
(2) DWELLING UNIT. A room or rooms or other living space in

which cooking facilities are provided. A DWELLING UNIT shall also be defined
as a single mobile home or trailer site located in an established park or other
location.
(B) Each multiple-dwelling premises or building, each multiple-unit

commercial premises or building, or each and any combination of such dwelling
and commercial units which discharges sanitary sewage, water, waste, or other
liquids into the city's sanitary sewage system directly or indirectly, and which
premises or buildings are users of water in an amount less than 4,000 cubic feet
per month, the quantity of which water is measured by a single water service
meter, shall be billed on a bi-monthly basis and shall be charged the minimum
charge set out in § 50.33 for each such separate unit being serviced by the single
water service meter. The minimum charge set out in § 50.33 shall be multiplied
by the number of separate units being serviced either directly or indirectly by the
single water service meter.
(Ord. 1-l976, passed 6-7-76)
§ 50.40 USERS TO HAVE METERS.
(A) The Director of Public Works may require, as is necessary to carry out
the requirements of this chapter or other provisions of this code, any person to
construct at his own expense, monitoring facilities to allow inspection, sampling,
and flow-measurement of the building drain or sewer; and may also require
sampling or metering equipment to be provided, installed, and operated at the
user's expense.
(B) The monitoring facility should normally be situated on the user's

premises, but the Director of Public Works may, when such a location would be
impractical or cause undue hardship, upon his approval, allow the facility to be
constructed in the public right-of-way. However, the Street Department shall be
the authority to determine the locations on public rights-of-way in which
the monitoring device and facility shall be placed.
(C) The owner of the property abutting the public right-of-way to be used
for the installation of the monitoring device shall submit to the Sanitation
Department a temporary right-of-way use form. The Street Department shall
review the temporary right-of-way use request and site plan, and transmit their
recommendations to the Sanitation Department.
50.99
§ 50.41 CHARGES TO USERS WITHOUT CITY METERS.
(A) In the event a lot, parcel of real estate, or building discharging sanitary
sewage, industrial wastes, water, or other liquids into the city's sanitary sewerage
system, either directly or indirectly, is not a user of water supplied by the water
utility serving the city, and the water used thereon or therein is not measured by a
water meter, or is measured by a water meter not acceptable to the city, the
amount of water used shall be otherwise measured or determined by the city as
more particularly set forth in § 50.36, in order to ascertain the rate of charge
provided in this subchapter; or the owner or other interested party, at his
expense, may install and maintain a meter acceptable to the city for measuring
purposes. ('67 Code, § 50.02(G))
(B) In the event a lot, parcel of real estate, or building discharging sanitary
sewage, industrial wastes, water, or other liquids into the city's sanitary sewerage
system, either directly or indirectly, is a user of water supplied by the water utility
serving the city, and in addition, uses water from another source which is not
measured by a water meter or is measured by a water meter not acceptable to
the city, the amount of water used shall be otherwise measured or determined by
the city, as more particularly set forth in § 50.36, in order to ascertain the rate or
charge provided in this subchapter, or the owner or other interested party, at his
expense, may install and maintain a meter or meters acceptable to the city for
that purpose. ('67 Code, § 50.02(H))
§ 50.42 CALCULATIONS FOR USE IN EXCESS OF l,500 CUBIC FEET PER
MONTH.
(A) In the event a lot, parcel of real estate, or building discharging sanitary
sewage, water, or other liquids into the city's sanitary sewerage system, either
directly or indirectly, in excess of l,500 cubic feet per month, and it can be shown,
to the satisfaction of the city, that a portion of the water as measured by the water
meter or meters, or as drawn from any source, does not and cannot enter the
sanitary sewerage system, then the city may determine in a manner and by a
method it deems practicable, the percentage of metered water entering the
sanitary sewerage system. The percentage, when so determined, shall
constitute the basis of sewerage service charges.
(B) The city, at its discretion, may require or permit the installation of
additional meters at the expense of the owner or other interested party in a
manner so as to determine the quantity of water actually entering the sewerage
system, in which case, the quantity of water used to determine the sewerage
service charge shall be the quantity of water actually entering the sanitary
sewerage system as so determined.
('67 Code, § 50.02(I))
Cross-reference:
Billing estimates of sewer use charge and industrial cost recovery charge,
see § 50.36
§ 50.43 CITY SUBJECT TO PREVAILING RATES.
For service rendered the city, the city shall be subject to the same rates
and charges provided in this subchapter, or to charges and rates established in
accordance therewith.
('67 Code, § 50.02(J))
§ 50.44 BILLING; COLLECTION.
(A) Rates and charges shall be prepared and billed by the city, and shall
be collected in the manner provided by law and ordinance.
(B) The first billing may be for a period of more or less than one full month
in order to make the monthly or bi- monthly collection period correspond with the
water meter readings made in the city, depending upon the date on which the
rates established by this subchapter become effective.
('67 Code, § 50.02(K))
§ 50.45 WHICH USERS TO BE BILLED.
(A) Rates and charges may be billed to the tenant or tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
the billings shall not relieve the owner from liability in event payment is not made
as required.
(B) Owners of the properties served, which are occupied by tenants, shall
have the right to examine the city collection records for the purpose of
determining whether rates and charges have been paid by the tenants, provided
that examination shall be made at the office at which the records are kept and
during the hours the office is open for business.
('67 Code, § 50.02(L))
§ 50.46 EXCEPTIONS FOR LAWN SPRINKLING, FIRE PROTECTION.
Rates and charges shall be applied to the water consumption billed after
this subchapter shall have been placed in effect except as herein otherwise
provided.
(A) In order that there be no charge to resident water consumers for water
used in lawn sprinkling, the sewerage service billing for the months of July,
August, September, and October shall be an amount equal to the average of the
sewerage service billings of the immediately preceding months of January,
February, March, and April in the event the average is less than the actual water
consumption use during the months of July, August, September, and October. In
the event the actual water consumption during the months of July, August,
September, and October is less than the average of those four preceding
months, the customer shall be billed and charged on the basis of actual use for
the months of July, August, September, and October.
(1) Averages resulting in fractions of 100 cubic feet shall be raised

to the next whole number of one hundred cubic feet in computing the billing for
the months of July, August, September, and October.
(2) Residential users of water billing for sewer service for the first
time in the months of July, August, September, and October shall be billed and
charged for actual use until an average can be established for the following
January, February, March and April.
('67 Code, § 50.02(F)) (Ord. 2-1954, passed 4-1-54; Am. Ord. 9-1955, passed 9-
16-55; Am. Ord. 5-1958, passed 9-2-58; Am. Ord. 10-1963, passed 12-2-63; Am.
Ord. 8-1992, passed 1-19-93)
(B) Where a metered water supply is used for fire protection as well as for
other uses, the Director of Public Works may, at his discretion, make adjustments
in the sewer user charges as may be equitable.
In these cases the burden of proof as to the type of water usage shall be upon
the user.
(C) Where a metered water supply is used for fire protection only, the
sewer user charge shall not apply.
('67 Code, § 50.02(M)) (Ord. 2-1954, passed 4-1-54; Am. Ord. 13-1979, passed
12-17-79)
§ 50.55 CONNECTION PERMIT.
(A) A connection permit shall be secured from the Director of Public
Works by the owner of the property or by his authorized agent before connecting
any building sewer to a city sewer; altering or repairing the building sewer, the
connection to the city sewer, or the city sewer.
(B) An application for the connection permit shall be made on a form

prescribed by the Director and may require the following information:
(1) Name and address of the owner and agent making application.
(2) Name, address and telephone number of the person to do the

work.
(3) Plans for the building sewer and connections.
(4) Estimated date of start of work and completion time.
(5) Any other information as may be deemed necessary by the

Director of Public Works to carry out the provisions of this chapter.
(C) All construction associated with the building drain, building sewer, and
the city sewer connection shall be in accordance with the rules and regulations of
the "Administrative Building Code of the State of Indiana" and applicable building
ordinances of the city, except that a cleanout structure shall be located at the
property line and so constructed as to allow the building sewer between the
property line and the city sewer to be cleaned.
(D) It shall be the duty of any holder of a connection permit to notify the
Director of Public Works prior to backfilling the excavation in and around the city
sewer and the public right-of-way to allow for an inspection of the work. The
Director of Public Works shall specify in the permit the notice time and place and
reserve all right to waive the inspection with or without conditions.
(E) This section shall not be construed as contravening any ordinance of

the city relating to construction within public streets, roads, or rights-of-way, but
rather shall be supplemental thereto.
(F) The Board of Sanitation may modify the connections permit fee,
when connections to the city sewer are contemplated as part of the
construction of the city sewer under a public improvement resolution or the
exercise of its general powers and duties to construct city sewers.
(G) Except to the extent that it may be preempted by the acts of state and
federal agencies pursuant to state or federal laws, rules, or regulations, the
Director of Public Works may prohibit any connection to the city sewer if it is not
demonstrated that there is sufficient capacity in all downstream sewers, lift
stations, force main and treatment plants, including capacity for pollutants to
accommodate any person applying for a connection permit. That person shall
provide the information deemed appro-priate for evaluation by the Director of
Public Works.
(H) City sewer connections shall be performed by a licensed plumber with

all required permits from the Sanitation Department or other necessary
departments of the city or the county.
(Ord. 1-1979, passed 4-2-79; Am. Ord. 13-1979, passed 12-17-79) Penalty, see
§ 50.99
§ 50.56 INDUSTRIAL PERMIT.
(A) All industrial users proposing to connect or to discharge into a city
sewer must obtain a discharge permit before connecting to or discharging into a
city sewer. All industrial users connected to or discharging into a city sewer must
apply for a discharge permit within 90 days after April 2, 1979.
(B) The Director of Public Works shall have authority to prescribe a

discharge permit application form. The application form may require the
following information:
(1) Name, address, and standard industrial classification number.
(2) Volume of wastewater to be discharged.
(3) The wastewater characteristics including but not limited to

BOD, Suspended Solids, ammonia, and pH.
(4) Estimates of slug discharges.
(5) Locations of building drain or building sewer.

(6) Federal pretreatment standards applicable to the discharge.
(7) Any other information as may be deemed by the Director of

Public Works to be necessary to evaluate the discharge permit application.
(C) The discharge permit application is to be signed and sworn by:
(1) In the case of a corporation or an association, an officer or his

duly authorized representative, if that representative is responsible for the overall
operation of the facility from which the discharge described in the application
form originates.
(2) In the case of a partnership, a general partner.
(3) In the case of a sole proprietorship, by the proprietor.
(4) In the case of a government agency, by the principal executive

officer.
(D) The discharge permit shall be for a term of three years. Any person
wishing to continue to discharge to a city sewer beyond the term of the discharge
permit shall apply for a renewal of the discharge permit at least 30 days prior to
the expiration of that permit.
(E) The Director of Public Works may prescribe conditions to the

discharge permit which may include the following:
(1) Applicable federal or state laws, regulations, or orders.
(2) Limits on the wastewater characteristics other than those in §

50.21, including but not limited to polychlorinated biphenyls and polybrominated
biphenyls for the protection of public health or the wastewater works. The
Director of Public Works shall apply applicable federal pretreatment standards or,
in the absence of such standards, limits may be based on the best practical
technology.
(3) Appropriate reporting of wastewater characteristics.
(F) There shall be a fee of $10 for the original application for a discharge
permit, and a fee of $2 for each renewal.
(G) It shall be unlawful for any person to discharge into a city sewer
unless that person holds a valid discharge permit or has filed a discharge permit
application or renewal application, pending a decision by the Director of Public
Works. In addition to any remedies the city has to sanction unlawful discharges,
the city may seek injunctive relief.
(H) The discharge permits are issued to a specific person for a specific
operation and do not constitute a property interest nor shall the discharge permit
be assigned, conveyed, or sold to a new owner, new user, different premises, or
a new or changed operation.
50.99
§ 50.57 REVOCATION OF PERMITS: NOTICE THEREOF.
(A) The Director of Public Works may revoke the discharge permit of any
person for any of the following:
(1) Violation of this chapter or of any applicable state or federal

law, including regulations.
(2) Failure to timely file any discharge reports.
(3) Failure to factually report wastewater characteristics.
(4) Refusal of reasonable access to the user's premises for the

purpose of inspection or monitoring.
(5) Violation of conditions of the permit.
(B) Except in cases of willfulness or those in which public health interest

or safety requires otherwise, the revocation, withdrawal, or suspension of a
discharge permit is lawful only if, before the institution of proceedings thereof, the
permittee has been given:
(1) Notice by the Director of Public Works in writing of the facts of

conduct which may warrant the action; and
(2) Opportunity to demonstrate or achieve compliance with all

lawful requirements.
(Ord. 1-l979, passed 4-2-79)
PLUMBING; EXCAVATIONS
§ 50.65 CONTRACTOR OR PLUMBING LICENSE REQUIRED; FEE.
(A) License required. No person or corporation shall engage in any work
within the public right-of-way of the city, unless and until the person or the
corporation has been duly licensed to do so under the provisions set forth by the
city.
(B) Fee. All contractors shall register with the Clerk-Treasurer and pay
required license and listing fees as provided in § 150.072 of this code.
('67 Code, § 5l.03) (Ord. 1-l973, passed
3-5-73; Am. Ord. 2-l989, passed 5-l5-89)
§ 50.66 BOND REQUIRED.

No person or corporation shall perform any excavation or construction
within the public right-of-way of the city until he has filed with the City Clerk-
Treasurer a good and sufficient surety bond in the penal sum of $5,000.
3-5-73; Am. Ord. 2-l989, passed 5-l5-89) Penalty, see § 50.99
§ 50.67 APPLICATION FOR EXCAVATING.
Any person or corporation desiring to make an excavation in any public
street within the city shall make application for that excavation with the Clerk-
Treasurer prior to making such excavation upon forms provided by the Clerk-
Treasurer, setting forth the street name and approximately where the cut is to
take place, the length, width, and depth of the proposed cut, the purpose of the
cut, and whether the street is improved or unimproved, describing the manner of
the street, specifying when the excavation is to be made and expected to be filled
and when the street should be returned to its then existing condition, and
agreeing to notify the Director of Public Works or his designee for the purpose of
inspection.
('67 Code, § 5l.07) (Ord. 3-l972, passed 4-l7-72; Am. Ord. 2-l989, passed 5-l5-
89)
§ 50.68 SUBSURFACE FILL REQUIRED.
The applicant or his agent shall fill and compact the excavation with
Number 53 stone or other fill approved by the Street Commissioner. In no event
may regular soil be used to fill the excavation. The applicant shall remove the
excavated soil from the public street and dispose of it in a lawful place and
manner.
4-l7-72) Penalty, see § 50.99
§ 50.69 USE OF BARRICADES, WARNING SIGNS.
The applicant shall provide barricades and warning signs in a manner and
sufficient to comply with state highway regulations for those safety devices, and
the barricades and signs shall remain in place from the moment the work is
started until its removal is approved by the Street Commissioner.
4-l7-72) Penalty, see § 50.99
§ 50.70 RETURNING STREET TO ORIGINAL CONDITION.
(A) The contractor shall furnish all materials and labor to return the street
surface to its orignal condition and shall be responsible for maintaining the patch
for a period of not less than one year after final inspection and approval by the
Director of Public Works.
(B) The Board of Public Works and Safety is hereby empowered to enter
into contracts with the various public utility companies concerning excavation by
those companies on any public street within the city and the returning of the
street to its original existing condition with suitable base and providing for
reasonable inspection thereof.
89)
Cross-reference:
Streets and sidewalks, see Ch. l00
§ 50.71 EXCAVATION PERMIT FEES.
Prior to the issuance of any permit, the applicant shall pay a fee to the
Clerk-Treasurer as follows:
(A) Improved streets.
(1) A minimum of $l00 for each excavation.
(2) A general rate of $4 per square foot.
(3) Two excavqations for the purpose of horizontal boring shall be

considered as one excavation.
(B) Unimproved streets.
(1) A minimum of $50 for each excavation.
(2) A general rate of $2 per square foot.
(3) Two excavations for the purpose of horizontal boring shall be

considered as one excavation.
(C) Annual approved utility multiple street cut permit.
(1) An annual fee of $300 payable January l of each year.
(2) The contractor shall notify the city in writing before each
excavation.
89) Penalty, see § 50.99
§ 50.72 INSPECTION FEES.
An inspection fee of $l0 shall be charged by and paid to the city for
inspection of any first ten openings, and a $5 fee for each additional opening,
payable to the Clerk-Treasurer upon certification by the Street Commissioner as
to the number of openings, and the charge therefor, inspected by the
Commissioner; except an inspection fee in the amount of $l0 shall be charged by
and paid to the city for each inspection of a connection with any sanitary sewer,
to be paid the Clerk-Treasurer upon certification by the Street Commissioner of
inspection of the sewer connection.
('67 Code, § 5l.05) (Ord. 1-l973, passed 3-5-73)
§ 50.80 DESIGNATION OF SEWER.
The extension of the city sanitary sewer service system from a point of
approximately Grovewood Avenue and Emerson Avenue, running south along
Emerson Avenue and east to the industrial park facility, is hereby designated the
Elmwood Sanitary Sewer.
('67 Code, § 5l.l0) (Ord. 1-l973, passed 3-5-73)
§ 50.81 CONNECTION TO, EXTENSION OF SEWER.
(A) There shall be no connection to the Elmwood Sanitary Sewer except
within the industrial park facility other than those connections specifically
approved by the Board of Sanitation.
(B) The Board of Sanitation for the city may, at its discretion, prorate the
cost of any extension of any sewer within the city to abutting or adjoining real
estate in a position to use that sewer by any fair and reasonable method the
Board may devise, and it shall not be necessary that the same method or formula
be used for each such extension, but the Board may instead take into
consideration the specific circumstances of each such extension in determining
the prorated cost. Once the cost or formula is determined, it shall be applied
uniformly to all properties which are tapped into the sewer for the use thereof.
('67 Code, § 5l.l0) (Ord. 1-l973, passed 3-5-73) Penalty, see § 50.99
§ 50.82 SERVICE CHARGE.
All sewer service charges as established from time to time by the
Common Council shall apply to all properties that use its sewer.
('67 Code, § 5l.l0) (Ord. 1-l973, passed 3-5-73)
§ 50.83 TAP FEE.
(A) Minimum fee.
(1) For one- or two-family residential construction, $30.
(2) For construction other than one- or two-family residential

construction, $50.
(B) All tap-in fees shall be established above the minimum fee listed in
division (A) above by the Board of Sanitation by resolution from time to time.
('67 Code, § 5l.l0) (Ord. 1-l973, passed 3-5-73; Am. Ord. 2-l989, passed 5-l5-89)
§ 50.99 PENALTY.
(A) Whoever violates any provision of this chapter for which a penalty is
not specified shall be subject to a fine not in excess of $l,000.
(B) Whoever violates any provisions of § 50.02(A) shall be fined not less
than that amount set by state law.
('67 Code, § 5l.99)
(C) Whoever violates any provisions of § 50.03(B), (C), (D) shall be fined
not more than $l,000. Each day's violation shall constitute a separate offense.
('67 Code, § 5l.99)
(D) Whoever violates any provisions of §§ 50.05, 50.23(B), 50.65, and

50.66 shall be fined not less than $l0 nor more than $l,000.
('67 Code, § 5l.99)
(E) Whoever violates any provision of §§ 50.20, 50.21(B) through (G),

50.23(A), 50.31 through 50.38, 50.55, or 50.56 upon conviction thereof shall be
fined an amount not to exceed $l,000. Each day's violation shall constitute a
separate offense. Nothing in this division shall restrict any right which may be
provided by statute or common law to the city to bring other actions, at law or in
equity. (Ord. 1-l979, passed 4-2-79; Am. Ord. l3-l979, passed l2-l7-79)
(F) Whoever violates any provisions of §§ 50.67 through 50.71 shall be

fined not less than $l0 nor more than $l,000. ('67 Code, § 5l.99)
TITLE VII: TRAFFIC CODE
Chapter
70. GENERAL PROVISIONS
71. TRAFFIC RULES
72. STOPPING, STANDING, AND PARKING
73. PEDESTRIANS
74. BICYCLES, MOTORCYCLES
75. IMPOUNDED VEHICLES
76. SNOW EMERGENCY
77. TRAFFIC SCHEDULES
78. PARKING SCHEDULES

CHAPTER 70: GENERAL PROVISIONS
Section
General Provisions
70.01 Definitions
70.02 Compliance with chapter, officers required
70.03 Application to public employees
70.04 Emergency regulations
70.05 Riding on coasters, skates and the like
70.06 Opening car doors
70.07 Parking and traffic violations; fines
70.08 Enforcement
Traffic Administration
70.15 Traffic Division established

70.16 Duties of Traffic Division
70.17 Records of violations
70.18 Accident studies and reports
70.19 Drivers' files to be maintained
70.20 Annual safety report
70.21 Police to release certain information
Traffic-Control Devices
70.30 Authority to install traffic-control devices

70.31 Signals to conform to applicable legislation
70.32 Testing of devices
70.33 When devices are mandatory
70.34 Presumption of legality as to devices
70.35 Displaying unauthorized signs
70.36 Damaging devices
Motor Vehicle Inspections
70.45 Authority of Police Department to inspect

70.46 Inspection fee
70.47 Vehicle Inspection Fund
70.99 Penalty
Cross-reference:
Admission of violation and payment of fines to Ordinance Violations
Bureau, see Chapter 39
GENERAL PROVISIONS
For the purpose of this title the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ALLEY or ALLEYWAY. A public street which is used primarily for the

convenience of the owner or property abutting thereon or is abutted on both
sides by property which is not customarily designated by an official property
number.
AUTHORIZED EMERGENCY VEHICLES. Vehicles of the Fire Department
(fire patrol), police vehicles, and such ambulances and emergency vehicles of
municipal departments or public service corporations as are designated or
authorized by the Commissioner or the Chief of Police of this city.
BICYCLE. Every device propelled by human power upon which any

person may ride, having two tandem wheels either of which is more than 20
inches in diameter.
BUSINESS DISTRICT. The territory contiguous to and including a

highway when within any 600 feet along such highway there are buildings in use
for business or industrial purposes, including but not limited to hotels, banks, or
office buildings, railroad stations, and public buildings which occupy at least 300
feet of frontage on one side or 300 feet collectively on both sides of the highway.
CENTRAL BUSINESS OR TRAFFIC DISTRICT. All streets and portions

of streets within the area described as follows: All that area bounded by Main
Street, lst through 8th Streets, and one-half block north and south of Main Street
on lst through 8th Avenues.
COASTER DEVICE. Roller skates, ice skates, scooters, toy vehicles,

skate boards, and any similar play device. (Ord. 5-l965, passed 8-2-65)
COMMERCIAL VEHICLE. Every vehicle designed, maintained, or used

primarily for the transportation of property.
CONTROLLED-ACCESS HIGHWAY. Every highway, street, or roadway in

respect to which owners or occupants of abutting lands and other persons have
no legal right of access to or from the same except at such points only and in
such manner as may be determined by the public authority having jurisdiction
over such highway, street, or roadway.
CROSSWALK. That part of a roadway at an intersection included within

the connections of the lateral lines of the sidewalks on opposite sides of the
highway measured from the curbs, or in the absence of curbs from the edges of
the traversable roadway. CROSSWALK may also be any portion of a roadway at
an intersection or elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface.
CURB LOADING ZONE. A space adjacent to a curb reserved for the

exclusive use of vehicles during the loading or unloading of passengers or
materials.
DRIVER. Every person who drives or is in actual physical control of a

vehicle.
FREIGHT CURB LOADING ZONE. A space adjacent to a curb for the
exclusive use of vehicles during the loading or unloading of freight or
passengers.
HIGHWAY. The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
INTERSECTION.
(1) The area embraced within the prolongation or connection of the

lateral curb lines, or, if none, then the lateral boundary lines of the roadways of
two highways which join one another at, or approximately at, right angles, or the
area within which vehicles traveling upon different highways joining at any other
angle may come in conflict.
(2) Where a highway includes two roadways, 30 feet or more

apart, then every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection. In the event
such intersecting highway also includes two roadways, 30 feet or more apart,
then every crossing of two roadways of such highways shall be regarded as a
separate intersection.
LANED ROADWAY. A roadway which is divided into two or more clearly

marked lanes for vehicular traffic.
MOTOR VEHICLE. Every vehicle which is self-propelled by a gasoline or

other engine and designed to travel on three or more wheels in contact with the
ground, but excluding a tractor.
MOTORCYCLE. Every motor vehicle having a seat or saddle for the use
of the rider and designed to travel on not more than three wheels in contact with
the ground, but excluding a tractor.
OFFICIAL TIME STANDARD. Whenever certain hours are named herein

they shall mean hours according to Eastern Standard Time (E.S.T.), as is in
current use in this city.
OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings,

and devices, not inconsistent with this title, placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating, warning,
or guiding traffic.
PARK or PARKING. The standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
PASSENGER CURB LOADING ZONE. A place adjacent to a curb

reserved for the exclusive use of vehicles during loading or unloading of
passengers.
PEDESTRIAN. Any person walking upon the public streets, alleys,

sidewalks, or
any portion of road rights-of-way of the city.
PERSON. Every natural person, firm, copartnership, association, or

corporation.
POLICE OFFICER. Every officer of the municipal Police Department or

any officer authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
PRIVATE ROAD or DRIVEWAY. Every way or place in private ownership

and used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
RAILROAD. A carrier of persons or property upon cars.
RAILROAD TRAIN. A steam engine, electric or other motor, with or

without cars coupled thereto, operated upon rails.
RESIDENCE DISTRICT. The territory contiguous to and including a

highway not comprising a business district when the property on such highway
for a distance of 300 feet or more is, in the main, improved with residences or
residences and buildings in use for business.
RIGHT-OF-WAY. The right of one vehicle or pedestrian to proceed in a

lawful manner in preference to another vehicle or pedestrian approaching under
such circumstances of direction, speed and proximity as to give rise to danger of
collision unless one grants precedence to the other.
ROADWAY. That portion of a highway improved, designed, or ordinarily

used for vehicular travel, exclusive of the berm or shoulder. In the event a
highway includes two or more separate roadways the term ROADWAY, as used
herein, shall refer to any such roadway separately but not to all such roadways
collectively.
SAFETY ZONE. The area or space officially set apart within a roadway
for the exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set apart as
a safety zone.
SIDEWALK. That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for use of
pedestrians.
STAND or STANDING. The halting of a vehicle, whether occupied or not,

otherwise than for the purpose of and while actually engaged in receiving or
discharging passengers.
STOP. When required, means complete cessation from movement.
STOP or STOPPING. When prohibited, means any halting, even

momentarily, of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the directions of a police
officer or traffic-control sign or signal.
STREET or HIGHWAY. The entire width between the boundary lines of

every way publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
THROUGH HIGHWAY. Every highway or portion thereof on which

vehicular traffic is given preferential right-of- way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to yield right-of-way
to vehicles on such through highway in obedience to either a stop sign or a yield
sign, when such signs are erected as provided in this traffic code.
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars

and other conveyances either singly or together while using any highway for
purposes of travel.
TRAFFIC-CONTROL SIGNAL. Any device, whether manually, electrically,

or mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
TRAFFIC DIVISION. The Traffic Division of the Police Department of this

city, or in the event a Traffic Division is not established, then this term whenever
used herein shall be deemed to refer to the Police Department of this city.
VEHICLE. Every device in, upon, or by which any person or property is or

may be transported or drawn upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or tracks.
('67 Code, § 70.01)
§ 70.02 COMPLIANCE WITH CHAPTER, OFFICERS REQUIRED.
(A) Chapter's provisions. It shall be a punishable offense for any person
to do any act forbidden by or fail to perform any act required in this traffic code.
(B) Police and Fire Department. No person shall willfully fail or refuse to
comply with any lawful order or direction of a police officer or Fire Department
official.
('67 Code, § 70.l2) Penalty, see § 70.99
§ 70.03 APPLICATION TO PUBLIC EMPLOYEES.
The provisions of this code shall apply to the driver of any vehicle owned
by or used in the service of the United States government, this state, county, or
city. It shall be unlawful for any driver to violate any of the provisions of this code
except as otherwise permitted in this code or by state statute.
Public officers and employees to obey act, see IC 9-21-l-6
§ 70.04 EMERGENCY REGULATIONS.
The Chief of Police by and with the approval of the Board of Public Works
and Safety, or its authorized representative, is empowered to make regulations
necessary to make effective the provisions of the traffic ordinances of this city
and to make and enforce temporary or experimental regulations to cover
emergencies or special conditions. No such temporary or experimental
regulation shall remain in effect for more than 90 days.
('67 Code, § 70.l0(A))
§ 70.05 RIDING ON COASTERS, SKATES, AND THE LIKE.
Using public streets. No person upon roller skates, riding in or by means
of any coaster, toy vehicle, skate board, ice skates, or similar device, shall go
upon any roadway except while crossing a street on a crosswalk and when so
crossing such person shall be granted all of the rights and shall be subject to all
of the duties applicable to pedestrians, except where the street has been
designated by the city as a play street.
('67 Code, § 77.25) (Ord. 5-l965, passed
8-2-65) Penalty, see § 70.99
Cross-reference:
Play streets, see § 71.62
§ 70.06 OPENING CAR DOORS.
No person shall open the door of a motor vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so, nor shall any person
leave a door open on the side of a motor vehicle available to moving traffic for a
period of time longer than necessary to load or unload passengers.
§ 70.07 PARKING AND TRAFFIC VIOLATIONS; FINES.
(A) Violation; notice. Whenever any member of the city police force shall
observe that any of the provisions of any traffic and parking ordinance in force
and in effect in the city, are being or have been violated by the owner or operator
of any vehicle or cycle, except a moving traffic violation under the exclusive
jurisdiction of Marion County Municipal Court, the officer shall notify the owner or
operator of any such vehicle or cycle, in writing, of such violation and shall order
him to report at the office of the City Clerk-Treasurer within 72 hours after notice.
Such notice shall be made in duplicate and shall show the specific violation
charged, the state license number of the vehicle or cycle, and the owner's and
operator's name, if possible to obtain the same, and shall be signed by the officer
giving such notice.
(B) Copies of notices. One copy of such notice shall be presented to the
operator or owner of the vehicle or cycle, or representative of the owner found in
charge of such vehicle or cycle. In case the owner or operator or the
representative of the owner or operator is not found in possession, or in charge
of the vehicle or cycle, the posting of such traffic or parking notice in a
conspicuous place upon such vehicle or cycle shall be deemed sufficient notice
of such violation. It shall be the duty of the officer serving such notice to turn in
the duplicate copy of the notice to the Clerk-Treasurer within 24 hours after such
notice is served.
(C) Payment of fine. The owner or operator of a vehicle or cycle, who has
been notified of a violation, as provided herein, shall, within 72 hours after having
been so notified, present himself with his notice at the office of the Clerk-
Treasurer, and for a first violation of any traffic or parking ordinance within one
calendar year, which he is willing to admit having violated, he shall pay the Clerk-
Treasurer a fee of $5; for a second violation within a calendar year, a fee of $l0;
and for each subsequent violation within a calendar year, a fee of $15.
(D) Receipt issued; entry and records. Upon payment of any fee, as
provided for in division (C) of this section, the Clerk-Treasurer shall issue a
receipt to the owner or operator of any vehicle or cycle so paying such fine, and
shall also cause a permanent record to be made showing the amount of the paid
fee, the date thereof, the number of the state license and the name of the owner
or operator thereof, and whether it was the first, second, or subsequent violation
by such owner or operator.
(E) Failure to appear. Whenever any person, who has been duly notified
to appear in the office of the Clerk-Treasurer for a violation of any traffic and
parking ordinance in force and effect in the city, fails or refuses to appear as
directed, within 72 hours after service of such notice, or having appeared, fails or
refuses to pay the fee provided for his offense, then it is the duty of the officer
serving the notice to file, or cause to be filed, in a court having jurisdiction of such
violation, an affidavit charging such person with the violation specified in the
notice, and thereafter to have or cause to be had, the necessary proceedings in
court to prosecute any such person for a violation of any traffic or parking
ordinance.
('67 Code, § 7l.01)
§ 70.08 ENFORCEMENT.
(A) It shall be the duty of the officers of the Police Department or such
officers as are assigned by the Chief of Police to enforce all street traffic laws of
this city and all state vehicle laws applicable to street traffic in this city.
(B) Officers of the Police Department, or officers assigned by the Chief of

Police, are authorized to direct all traffic by voice, hand, or signal in conformance
with traffic laws, provided that, in the event of a fire or other emergency, or to
expedite traffic or to safeguard pedestrians, officers of the Police Department
may direct traffic as conditions may require, notwithstanding the provisions of the
traffic laws.
(C) Officers of the Fire Department, when at the scene of a fire, may
direct or assist the police in directing traffic thereat or in the immediate vicinity.
('67 Code, § 70.11)
TRAFFIC ADMINISTRATION
§ 70.15 TRAFFIC DIVISION ESTABLISHED.
There is established, in the Police Department, a traffic division to be
under the control of an officer of police appointed by and directly responsible to
the Chief of Police.
('67 Code, § 70.02)
§ 70.16 DUTIES OF TRAFFIC DIVISION.
(A) It shall be the duty of the Traffic Division, with such aid as may be
rendered by other members of the Police Department, to enforce the street traffic
regulations of this city and all state vehicle laws applicable to street traffic in this
city, to make arrests for traffic violations, to investigate accidents and to
cooperate with the Board of Public Works and Safety or its authorized
representative; and other officers of the city in the administration of the traffic
laws and in developing ways and means to improve traffic conditions, and to
carry out those duties specially imposed upon the Division by this traffic code,
and the traffic ordinances of this city.
('67 Code, § 70.03)
(B) It shall be the duty of the Traffic Division, assisted by other police
officers of the Department, to investigate traffic accidents, to arrest, and to assist
in the prosecution of those persons charged with violations of law causing or
contributing to such accidents. ('67 Code, § 70.05)
§ 70.17 RECORDS OF VIOLATIONS.
(A) The Police Department or the Traffic Division thereof shall keep a
record of all violations of the traffic ordinances of this city or of state vehicular
laws of which any person has been charged, together with a record of the final
disposition of all such alleged offenses. The record shall be so maintained as to
show all types of violations and the total of each, and the record shall accumulate
during at least a five-year period, and from that time on the record shall be
maintained completely for at least the most recent five-year period.
(B) All forms for records of violations and notices of violations shall be
serially numbered. For each month and year a written record shall be kept
available to the public showing the disposal of all such forms.
(C) All such records and reports shall be public records.

('67 Code, § 70.04)
§ 70.18 ACCIDENT STUDIES AND REPORTS.
(A) Accidents. Whenever the accidents at any particular location become
numerous, the Traffic Division shall cooperate with the Board of Public Works
and Safety, or its authorized representative, in conducting studies of such
accidents and determining remedial measures.
(B) Reports. The Traffic Division shall maintain a suitable system of filing
traffic accident reports. Accident reports or cards referring to them shall be filed
alphabetically by location. Such reports shall be available for the use and
information of the Board or its authorized representative.
('67 Code, § 70.06)
§ 70.19 DRIVERS' FILES TO BE MAINTAINED.
(A) The Police Department or the Traffic Division thereof shall maintain a
suitable record of all traffic accidents, warnings, arrests, convictions, and
complaints reported for each driver which shall be filed alphabetically under the
name of the driver concerned.
(B) The Division shall study the cases of all the drivers charged with
frequent or serious violations of the traffic laws or involved in frequent traffic
accidents or any serious accident and shall attempt to discover the reasons
therefore and shall take whatever steps are lawful and reasonable to prevent the
same or to have the licenses of such persons suspended or revoked.
(C) These records shall accumulate during at least a five-year period and
from that time on such records shall be maintained complete for at least the most
recent five-year period.
('67 Code, § 70.07)
§ 70.20 ANNUAL SAFETY REPORT.
The Traffic Division shall annually prepare a traffic report which shall be
filed with the Mayor. The report shall contain information on traffic matters in this
city as follows:
(A) The number of traffic accidents, the number of persons killed, the
number of persons injured, and other pertinent traffic accident data.
(B) The number of traffic accidents investigated and other pertinent data
on the safety activities of the police.
(C) The plans and recommendations of the division for future traffic safety
activities.
('67 Code, § 70.08)
§ 70.21 POLICE TO RELEASE CERTAIN INFORMATION.
(A) Notwithstanding any provision of law to the contrary, the Police
Department, from any information or reports in its files received from any source
whatsoever, shall promptly, on demand therefor, furnish to any person who has
sustained any loss or damage, by reason of the injury or death of any person, or
damage to property caused by or resulting from the operation, maintenance or
use of any vehicle upon any public street or highway of this state, the following
information:
(1) The name and address of the owner and operator of any
vehicle involved in the accident;
(2) The license number and description of any such vehicle

involved in the accident;
(3) The time and place such accident occurred;
(4) The names and addresses of any persons injured or killed in

the accident; and
(5) The names and addresses of any persons who were witnesses
to the accident.
(B) Any person so entitled to such information may obtain the same from
the Police Department, either in person or through his duly authorized agent or
attorney. The agent or attorney shall first file with the Police Department a
verified, written authorization therefor, signed by such person so entitled to such
information.
(C) When such information is furnished by means of a duplicating

machine copy of the investigator's report of the accident, the Police Department
shall be entitled to charge a fee in an amount of not less than $3 for each such
report. The Police Department shall charge $1 per page for pages photocopied
in excess of two for any such report.
(D) Such fee shall be deposited in a separate account, to be known as

the accident report account and it may be expended at the discretion of the Chief
of Police for any Department purpose reasonably related to the keeping of
accident reports and records, and the prevention of street and highway
accidents.
(E) If the Prosecuting Attorney of the county wherein such accident

occurred, or the City Attorney, shall advise the Department that in his opinion
such information should not be released to any person and shall cite as his
reason therefore that criminal charges have been filed or in contemplation of
being filed against any person as a result of the accident, the Department shall
thereupon withhold any such information until its release is approved by such
Prosecuting Attorney or City Attorney.
(Ord. l4-l98l, passed l0-l9-8l)
TRAFFIC-CONTROL DEVICES
§ 70.30 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES.
The Board of Public Works and Safety, or its authorized representative,
shall place and maintain traffic-control signs, signals, and devices when required,
under the traffic ordinances of this city, to make effective the provisions of those
ordinances, and may place and maintain such additional traffic-control devices as
he deems necessary to regulate traffic under the city's traffic ordinances, or
under state law, or to guide or warn traffic. ('67 Code, § 70.l5)
Cross-reference:
Speed regulating devices, see § 71.28
Local authority as to traffic-control devices, see IC 9-21-l-3(a)(2), 9-21-4-3
§ 70.31 SIGNALS TO CONFORM TO APPLICABLE LEGISLATION.
All traffic-control signs, signals, and devices shall conform to the manual
and specifications approved by the State Department of Highways, or resolution
adopted by the legislative body of this city. All signs and signals required
hereunder for a particular purpose shall, as far as practicable, be uniform as to
type and location throughout the city. All traffic-control devices so erected and
not inconsistent with the provisions of state law or this code shall be official
traffic-control devices.
('67 Code, § 70.l6)
§ 70.32 TESTING OF DEVICES.
The Board of Public Works and Safety, or its authorized representative,
may test traffic-control devices under actual conditions of traffic.
('67 Code, § 70.l0(B))
§ 70.33 WHEN DEVICES ARE MANDATORY.
No provision of this chapter for which official traffic-control devices are
required shall be enforced against an alleged violator if at the time and place of
the alleged violation an official device is not in proper position and sufficiently
legible to be seen by an ordinarily observant person. Whenever a particular
section does not state that official traffic-control devices are required, such
section shall be effective even though no devices are erected or in place.
('67 Code, § 70.l8)
§ 70.34 PRESUMPTION OF LEGALITY AS TO DEVICES.
(A) Whenever official traffic-control devices are placed in position
approximately conforming to the requirements of this code, they shall be
presumed to have been so placed by the official act or direction of lawful
authority, unless the contrary shall be established by competent evidence.
(B) Any official traffic-control device placed pursuant to the provisions of
this code and purporting to conform to the lawful requirements pertaining to such
devices, shall be presumed to comply with the requirements of this code, unless
the contrary shall be established by competent evidence.
('67 Code, § 70.l9)
§ 70.35 DISPLAYING UNAUTHORIZED SIGNS.
(A) Advertising. No person shall place or maintain nor shall any public
authority permit upon any highway any traffic sign or signal bearing thereon any
commercial advertising.
(B) Directional signs. This section shall not be deemed to prohibit the
erection upon private property adjacent to highways of signs giving useful
directional information and of a type that cannot be mistaken for official signs.
(C) Removal of unauthorized signs. Every prohibited sign, signal, or

marking is declared to be a public nuisance and the authority having jurisdiction
over the highway is hereby empowered to remove the same or cause it to be
removed without notice.
('67 Code, § 70.21) Penalty, see § 70.99
Display of unauthorized signs, see IC 9-21-4-4
§ 70.36 DAMAGING DEVICES.
No person shall, without lawful authority, attempt to, or in fact, alter,
deface, injure, knock down, or remove any official traffic-control device or any
railroad sign or signal or any inscription, shield, or insignia thereon, or any other
part thereof.
('67 Code, § 70.20) Penalty, see § 70.99

MOTOR VEHICLE INSPECTIONS
§ 70.45 AUTHORITY OF POLICE DEPARTMENT TO INSPECT.
Pursuant to IC 9-17-2-12, a regular member of the City Police Department
may, on demand, inspect a motor vehicle, shall make a record of the inspection
upon the application form prepared by the State Bureau of Motor Vehicles, and
shall verify the facts set out in said application.
(Ord. 5-1990, passed 7-16-90)
§ 70.46 INSPECTION FEE.
An inspection fee of $5 shall be assessed for each motor vehicle
inspected, which inspection fee shall be deposited in a special Vehicle Inspection
Fund established and controlled by the Clerk-Treasurer of the city. Inspection
fees shall be remitted to the Clerk-Treasurer of the city at least once each week
by the Police Department.
(Ord. 5-1990, passed 7-16-90)
§ 70.47 VEHICLE INSPECTION FUND.
Amounts from the special Vehicle Inspection Fund may only be expended,
after additional or regular appropriation, for law enforcement purposes. All
expenditures from the special Vehicle Inspection Fund shall be processed,
appropriated, claimed, and allowed in the same manner as other claims of the
city.
(Ord. 5-1990, passed 7-16-90)
§ 70.99 PENALTY.
Except as otherwise provided in this traffic code, whoever violates any
provisions of this title shall be fined not more than $1000.
('67 Code, § 70.01.1)
CHAPTER 71: TRAFFIC RULES
Section
Operation
71.01 Parades and processions

71.02 No passing zones
71.03 Backing vehicle
71.04 Driving on sidewalk prohibited
71.05 Restrictions on nonmotorized conveyances
71.06 When stopping required
Speed Regulations
71.25 State laws applicable; exceptions

71.26 City speed limits
71.27 Special speed limits
71.28 Certain variations of speed permitted
Load Restrictions
71.35 Vehicles to comply with weight limitations

71.36 Commercial vehicles prohibited from using certain streets
71.37 Commercial vans and trailers in D-1 and D-7 Districts
Turning Movements
71.45 Turning markers

71.46 Restricted turn signals
71.47 Obedience to signs required
71.48 U-turns prohibited
71.49 Emergency vehicles exempted from certain provisions
71.50 Left turns prohibited in certain areas
Traffic Flow on Certain Streets
71.60 One-way streets

71.61 Through streets
71.62 Play streets
Stop or Yield Intersections
71.70 Posting of signs; obedience thereto
Vehicle Parking and Storage in Residential Areas
71.80 Findings
71.81 Regulation of storage or parking of vehicles in residential areas
71.82 Penalties
Vehicle Parking and Storage on City Streets and Alleys
71.90 Regulations
71.91 Penalties
71.99 Penalty
Cross-reference:
OPERATION
§ 71.01 PARADES AND PROCESSIONS.
No funeral procession or parade containing l00 or more persons or 25 or
more vehicles, except the forces of the United States Army or Navy, the military
forces of this state and the forces of the Police and Fire Departments, shall
occupy, march, or proceed along any street except in accordance with a permit
issued by the Chief of Police and such other regulations as are set forth herein
which may apply.
('67 Code, § 76.07) Penalty, see § 71.99
§ 71.02 NO PASSING ZONES.
(A) Zones designated. The Board of Public Works and Safety is
authorized to declare, establish, and designate any part of a street within the city
a no passing zone if the Board first finds and determines that pedestrians walking
upon or across any part of the street are exposed to serious traffic hazard by any
vehicle passing or overtaking another vehicle moving in the same direction within
the area, or that prohibition of passing is necessary to relieve congestion. The
Board may also establish, post, and enforce a special speed limit at places
established as no passing zones.
(B) No operator of any vehicle shall pass or overtake any other vehicle
moving in the same direction within any no passing zone, nor shall any operator
of a vehicle exceed the fixed speed limit if the zone is indicated by appropriate
signs or marks on the roadway indicating the beginning and end of the zone and
the speed limit, and if the signs and markings are in place and clearly visible to
an ordinarily observant person. No operator of any vehicle shall fail to give any
pedestrian in any crosswalk the right-of-way when such pedestrian has entered
the crosswalk.
('67 Code, § 70.25) (Ord. 7-1955, passed
4-16-55) Penalty, see § 71.99
Cross-reference:
Pedestrians, see Ch. 73
§ 71.03 BACKING VEHICLE.
The driver of a vehicle shall not back the same unless such movement
can be made with reasonable safety and without interfering with other traffic.
('67 Code, § 76.11) Penalty, see § 71.99
§ 71.04 DRIVING ON SIDEWALK PROHIBITED.
The driver of a vehicle shall not drive within any sidewalk area except at a
permanent or temporary driveway.
('67 Code, § 76.12) Penalty, see § 71.99
§ 71.05 RESTRICTIONS ON NONMOTORIZED CONVEYANCES.
(A) The Board of Public Works and Safety is authorized to determine and
designate those heavily traveled streets upon which shall be prohibited the use of
the roadway by motor-driven cycles, bicycles, horsedrawn vehicles, or other
nonmotorized traffic and shall erect appropriate signs giving notice thereof.
(B) When signs are so erected giving notice thereof, no person shall
disobey the restrictions stated on such signs.
('67 Code, § 74.03) Penalty, see § 71.99
§ 71.06 WHEN STOPPING REQUIRED.
No driver shall enter an intersection or a marked crosswalk unless there is
sufficient space on the other side of the intersection or crosswalk to
accommodate the vehicle he is operating without obstructing the passage of
other vehicles or pedestrians, notwithstanding any traffic-control signal indication
to proceed.
('67 Code, § 73.14) Penalty, see § 71.99
SPEED REGULATIONS
§ 71.25 STATE LAW APPLICABLE; EXCEPTIONS.
(A) (1) The state traffic laws regulating the speed of vehicles shall be
applicable upon all streets within this city, except as this chapter otherwise
declares and determines, upon the basis of engineering and traffic investigation
that certain speed regulations shall be applicable upon specified streets or in
certain areas.
(2) It shall be unlawful for any person to drive a vehicle at a speed

in excess of any speed so declared in this chapter when signs are in place giving
notice thereof. ('67 Code, § 72.01)
(B) If it is determined upon the basis of an engineering and traffic

investigation that the speed permitted by state law at various street intersections
is greater than is reasonable or safe under the conditions found to exist at such
intersections, the maximum speed limit within l00 feet upon every designated
approach to and within those intersections herein designated shall be as stated
within this subchapter, which declared speeds shall be effective at the times
specified herein when signs are erected upon every approach to every
intersection giving notice of the maximum speed limit declared thereat. ('67
Code, § 72.03)
City's authority to regulate speed limits, see IC 9-21-5-6
§ 71.26 CITY SPEED LIMITS.
Speed limits within the city are established at 30 miles per hour in all
residential districts and 20 miles per hour in all business and school districts,
unless otherwise provided in this code.
('67 Code, § 72.04) (Ord. 6-1961, passed 8-1-61)
§ 71.27 SPECIAL SPEED LIMITS.
The Board of Public Works and Safety is authorized to investigate portions
of any city street in the proximity of schools, churches, auditoriums, civic centers,
kindergartens, theatres, and any other places where large numbers of people
gather. If the Board determines that, within any part of any street, large numbers
of pedestrians walk on or across the same and are exposed to serious traffic
hazards by any vehicle operated in the street at usual speeds, the Board, by
order, or the police in any temporary emergency, may declare and establish a
special speed limit at such places.
('67 Code, § 72.07) (Ord. 4-1963, passed 7-1-63)
§ 71.28 CERTAIN VARIATIONS OF SPEED PERMITTED.
The Board of Public Works and Safety, or its authorized representative, is
authorized to regulate timing of traffic signals so as to permit the movement of
traffic in an orderly and safe manner at speeds slightly at a variance from speeds
otherwise applicable within the district, or at intersections, and the Board shall
have appropriate signs erected giving notice thereof.
('67 Code, § 72.02)
LOAD RESTRICTIONS
§ 71.35 VEHICLES TO COMPLY WITH WEIGHT LIMITATIONS.
(A) When signs are erected giving notice thereof, no person shall operate
any vehicle with a gross weight in excess of the amounts specified by state law,
or an ordinance of the city, at any time upon any of the streets or parts of streets.
('67 Code, § 74.01)
(B) In accordance with division (A) above and when signs are erected
giving notice thereof, no person shall operate any vehicle with a gross weight in
excess of the amounts specified herein at any time upon any of the following
streets or parts of streets:
(1) Five thousand (5,000) pound limit: Southern Avenue from 17th
Avenue to Bethel Avenue; 12th Avenue from Southern Avenue to Bethel Avenue;
11th Avenue from Southern Avenue to Bethel Avenue.
(2) Eleven thousand (11,000) pound limit: All residential streets not
designated to carry loads in excess of 11,000 pounds gross vehicle weight; North
18th Avenue from Churchman Avenue to Southern Avenue.
(3) l3th Avenue from Southern Avenue to Albany Street.

('67 Code, § 74.04) (Am. Ord. 5-l986, passed 6-2-86; Am. Ord. 5A-1993, passed
7-19-93) Penalty, see § 7l.99
City's authority to regulate weight limits, see IC 9-20-1-3
§ 71.36 COMMERCIAL VEHICLES PROHIBITED FROM USING CERTAIN
STREETS.
(A) When signs are erected giving notice thereof, no person shall operate
any commercial vehicle of (5,000 pound limit) gross weight at any time upon city
streets or parts of streets, except that such vehicles may be operated thereon for
the purpose of delivering or picking up materials or merchandise, and then only
by entering such street, except Albany Avenue, Churchman Avenue, Elmwood
Avenue, Arlington Avenue, Emerson Avenue, Big Four Road, First Avenue, Fifth
Avenue, Ninth Avenue, Grovewood Drive, l3th Avenue, l7th Avenue (Sherman
Drive), 25th Avenue, and Main Street, at the intersection nearest the destination
of the vehicle and proceeding thereon no farther than the nearest intersection
thereafter. ('67 Code, § 74.02)
(B) When signs are erected giving notice thereof, no person shall operate
a commercial vehicle except as provided under division (A) above upon any
streets or parts of streets. ('67 Code, § 74.05)
Penalty, see § 7l.99
Cross-reference:
Night parking of commercial vans, see § 72.23
§ 71.37 COMMERCIAL VANS AND TRAILERS IN D-1 AND D-7 DISTRICTS.
(A) Districts where prohibited. No person shall, within D-1 through D-7
zoning districts of the city, park or locate any commercial tractor or trailer vans, or
tractor-trailer vans, unless in accordance with provisions in division (B) of this
section.
(B) Exceptions. For the purposes of loading or unloading goods,

merchandise or other things of value, vans mentioned in division (A) above may
park within D-1 through D-7 zoning districts for a period of time not exceeding
two hours.
('67 Code, § 74.06) (Ord. 2-l956, passed 6-l-56) Penalty, see § 7l.99
TURNING MOVEMENTS
§ 71.45 TURNING MARKERS.
(A) The Board of Public Works and Safety is authorized to place markers,
buttons, or signs within or adjacent to intersections indicating the course to be
traveled by vehicles turning at such intersections, and such course to be traveled
as so indicated may conform to or be other than as prescribed by law or
ordinance. (In view of the fact that there are many intersections, including T
intersections, where large numbers of vehicles turn left, local authorities and
traffic officers should permit and direct vehicles to turn left in two lines at such
intersections.)
(B) When authorized markers, buttons, or other indications are placed

within an intersection indicating the course to be traveled by vehicles turning
thereat, no driver of a vehicle shall disobey the directions of such indications.
('67 Code, § 73.01)
City's authority to regulate turning at intersections, see IC 9-21-1-3(a)(10)
§ 71.46 RESTRICTED TURN SIGNALS.
The Board of Public Works and Safety is authorized to determine those
intersections at which drivers of vehicles shall not make a right, left or U-turn, and
shall place proper signs at such intersections. The making of such turns may be
prohibited between certain hours of any day and permitted at other hours, in
which event the same shall be plainly indicated on the signs or they may be
removed when such turns are permitted.
('67 Code, § 73.02)
§ 71.47 OBEDIENCE TO SIGNS REQUIRED.
Whenever authorized signs are erected indicating that no right, left, or U-
turn is permitted, no driver of a vehicle shall disobey the directions of any such
sign.
('67 Code, § 73.03(A)) Penalty, see § 7l.99
§ 71.48 U-TURNS PROHIBITED.
(A) No driver of any vehicle shall turn such vehicle so as to proceed in the
opposite direction upon any street within the city. ('67 Code, § 73.03(B))
(B) No driver of any vehicle shall make a turn to the opposite side of the
street or make a turn in the opposite direction upon any street within the city for
the purpose of entering a parking space. ('67 Code, § 73.03(C))
§ 71.49 EMERGENCY VEHICLES EXEMPTED FROM CERTAIN PROVISIONS.
This chapter shall not apply to an official emergency vehicle while
engaged on an emergency run with red light and siren operating.
('67 Code, § 73.03(D)) (Ord. l2-l97l, passed 8-2-7l) Penalty, see § 7l.99
§ 71.50 LEFT TURNS PROHIBITED IN CERTAIN AREAS.
No left turn traffic is permitted between 3rd and 8th Avenues on Main
Street, except in the intersections between those points.
('67 Code, § 73.04) (Res. 1-l96l, passed 7-3-6l) Penalty, see § 7l.99
TRAFFIC FLOW ON CERTAIN STREETS
§ 71.60 ONE-WAY STREETS.
(A) Whenever a city ordinance designates any one-way street or alley the
Board of Public Works and Safety shall place and maintain signs giving notice
thereof, and no such regulation shall be effective unless the signs are in place.
Signs indicating the direction of lawful traffic movement shall be placed at every
intersection where movement of traffic in the opposite direction is prohibited. ('67
Code, § 73.05)
(B) Upon those streets and parts of streets and in those alleys described
in Chapter 77, Schedule I, vehicular traffic shall move only in the indicated
direction when signs indicating the direction of traffic are erected and maintained
at every intersection where movement in the opposite direction is prohibited. ('67
Code, § 73.06)
(C) (1) The Board of Public Works and Safety is authorized to determine
and designate streets and parts of streets or lanes upon which vehicular traffic
shall proceed in one direction during one period and the opposite direction during
another period of the day and shall place and maintain appropriate markings,
signs, barriers, or other devices to give notice thereof. The Board may erect
signs temporarily designating lanes to be used by traffic moving in a particular
direction, regardless of the center line of the roadway.
(2) No person shall operate any vehicle in violation of such

markings, signs, barriers, or other devices placed in accordance with this
section's provisions. ('67 Code, § 73.07)
Authority to designate one-way streets, see IC 9-21-l-3(a)(4)
§ 71.61 THROUGH STREETS.
(A) Through streets. Those streets and parts of streets described in
Chapter 77, Schedule II are declared to be through streets.
(B) Signs to be posted. Whenever any ordinance of this city designates

and describes a through street it shall be the duty of the Board of Public Works
and Safety or its authorized representative to place and maintain a stop sign, or
on the basis of an engineering and traffic investigation at any intersection a yield
sign, on each and every street intersecting such through street unless traffic at
any such intersection is controlled at all times by traffic- control signals; provided,
that at the intersection of two such through streets or at the intersection of a
through street and a heavy traffic street not so designated, stop signs shall be
erected at the approaches of either of said streets as may be determined by the
city traffic engineer upon the basis of an engineering and traffic study.
('67 Code, § 73.09)
§ 71.62 PLAY STREETS.
(A) The Board of Public Works and Safety shall have the authority to
declare any street or part thereof a play street and to place appropriate signs or
devices in the roadway indicating and helping to protect the same.
(B) Driving on play streets. Whenever authorized signs are erected

indicating any street or part thereof as a play street, no person shall drive a
vehicle upon any such street or portion thereof except drivers of vehicles having
business or whose residences are within such closed area, and then any driver
shall exercise the greatest care in driving upon any such street or part thereof.
('67 Code, § 73.08)
STOP OR YIELD INTERSECTIONS
§ 71.70 POSTING OF SIGNS; OBEDIENCE THERETO.
designate intersections where particular hazard exists upon other than through
streets and to determine:
(1) Whether vehicles shall stop at one or more entrances to any

such intersection, in which event it shall cause to be erected a stop sign at every
such place where a stop is required; or
(2) Whether vehicles shall yield the right-of-way to vehicles on a

different street at such intersection as prescribed in division (B)(2), in which event
it shall cause to be erected a yield sign at every place where obedience thereto is
required. ('67 Code, § 73.l0)
(B) (1) The driver of a vehicle approaching a yield sign, if required to stop
for safety, shall stop before entering the crosswalk on the near side of the
intersection or, in the event there is no crosswalk, at a clearly marked stop line,
but if none, then at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway.
(2) Except when directed to proceed by a police officer or traffic-

control signal, every driver of a vehicle approaching a stop intersection indicated
by a stop sign shall stop before entering the crosswalk on the near side of the
intersection or, in the event there is no crosswalk, shall stop at a clearly marked
stop line, but if none, then at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting roadway before
entering the intersection. ('67 Code, § 73.11)
VEHICLES PARKING AND STORAGE IN RESIDENTIAL AREAS
§ 71.80 FINDINGS.
The Common Council hereby finds and determines that vehicle parking
and storage restrictions are necessary to promote the health, safety, aesthetic
appearance and general welfare of the public, to stabilize and protect the
residential character of the neighborhoods and residential districts, to encourage
a suitable and attractive environment for family life, to prevent the impairment of
property values and to preserve the aesthetic appeal of the neighborhoods, and
to protect the livability, and appearance, social and economic stability of the city.
(Ord. 7-1990, passed 10-15-90)
§ 71.81 REGULATION OF STORAGE OR PARKING OF VEHICLES IN
RESIDENTIAL AREAS.
It shall be unlawful for any person owning or occupying any residential
premises to cause or permit the parking or storage of any vehicle in violation of
any of the provisions of this subchapter or the zoning regulations of the Dwelling
District Zoning Ordinance of Marion County, Indiana, as amended from time to
time. The following provisions shall regulate the parking and/or storage of a
mobile home, recreational vehicle, camper, utility trailer, boat trailer, car, truck,
trailer or other vehicle (collectively referred to herein as a "vehicle"):
(A) Any vehicle located on residential property shall be parked only

upon a well-maintained surface that is kept neat and free of unsightly debris, or
with vegetation which has been as neatly and closely trimmed and maintained as
the other vegetation on the property.
(B) No vehicle parked on residential property shall be stored or parked

in such a manner as to encroach in, over, across or upon the public sidewalk or
the strip of grass between the sidewalk and the street.
(Ord. 7-1990, passed 10-15-90)
§ 71.82 PENALTIES.
The penalty for violation of any provision of this subchapter shall be as
follows:
(A) A fine not exceeding $50 for a first violation.
(B) A fine not exceeding $100 for a second violation within a 12-month
period of the first violation.
(C) A fine not exceeding $200 for a third and any additional violations
within a 12-month period of the first violation.
(D) A fourth or any additional violations within a 12-month period of the

first violation may be cited as a misdemeanor.
(Ord. 7-1990, passed 10-15-90)
VEHICLE PARKING AND STORAGE ON CITY STREETS AND ALLEYS
§ 71.90 REGULATIONS.
(A) Unless they shall be properly licensed and capable of movement
under their own power, no automobile, motorcycle, boat, boat trailer, house car,
mobile home, trailer, van, camper, pickup truck, truck and any other motor vehicle
shall be parked or stored upon the streets, alleys or public rights-of-way of the
city (except for temporary disablement not to exceed 72 hours). No such vehicle
shall be used or occupied for dwelling purposes.
(B) No such vehicle set out in division (A) above shall be parked or
stored on any city street, alley or public right-of-way for any period to exceed the
posted parking limit or, if no posted parking limit, for a period to exceed 72 hours,
except where a valid permit may be obtained under § 151.02 of this Code.
(C) In the event any police officer determines that any such vehicle
mentioned in divisions (A) and (B) above has violated this section, in addition to
the penalties provided in § 71.91, he or she may, after delivering or mailing
written notice to the registered owner after 72 hours, have such offending vehicle
towed by a commercial towing service to the towing service storage lot, at the
expense of the owner of such vehicle.
(D) The registered owner of any such vehicle may gain repossession of
said vehicle by paying all fines to the Clerk-Treasurer of the city, and all towing
and storage charges of the towing service which towed and stored said vehicle.
(E) If no claim is made for said vehicle within 48 hours, the police
officer shall deliver a written citation to the owner thereof, informing the owner of
such violation and the location of said vehicle.
(F) If the owner of such vehicle, after service of citation and notice of
location, fails to repossess such vehicle within 72 hours after delivery of such
citation and notice of location of the vehicle, the city may dispose of said vehicle
pursuant to the city regulations for abandoned vehicles (See Chapter 101) or the
state statutes appertaining thereto.
(Ord. 8-1990, passed 10-15-90)
§ 71.91 PENALTIES.
The penalty for violation of any provision of this subchapter, in addition to
payment of all storage and towing fees, shall be as follows:
(A) A fine not exceeding $50 for a first violation, which may be
assessed through the city's traffic citation ordinance.
(B) A fine not exceeding $100 for a second violation with a 12-month
period of the first violation.
(C) A fine not exceeding $200 for a third violation and any additional
violation within a 12-month period of the first violation.
(Ord. 8-1990, passed 10-15-90)
§ 71.99 PENALTY.
(A) Except as otherwise provided in this chapter, whoever violates any
provisions of this chapter shall be fined not more than $l,000.
('67 Code, § 70.01.1)
(B) Whoever violates any provisions of § 7l.02 shall be fined not less than
$1 nor more than $l,000. ('67 Code, § 70.99)
(C) Whoever violates any provisions of §§ 7l.25 through 7l.28 shall be
fined not less than $1 nor more than $l,000. ('67 Code, § 72.99) (Ord. 4-l963,
passed 7-l-63)
(D) Whoever violates any provisions of § 7l.37 shall be fined not less than
$l0 nor more than $l00 for each offense. ('67 Code, § 74.99(B)) (Ord. 2-l956,
passed 6-l-56)
(E) Whoever violates any provisions of §§ 7l.47 through 7l.49 shall be

fined not less than $l0 nor more than $l,000. ('67 Code, § 73.99(D)) (Ord. l2-l97l,
passed
8-2-7l)
(F) Whoever violates any provisions of § 7l.50 shall be fined not less than
$1 nor more than $l,000. ('67 Code, § 73.99(B)) (Res. 1-l96l, passed 7-3-6l)
CHAPTER 72: STOPPING, STANDING, AND PARKING
Section
General Provisions
72.01 More restrictive provisions to apply

72.02 Parallel parking
72.03 Angle parking
72.04 Parking prohibited
72.05 Limited parking
72.06 Exceptions to prohibitions
72.07 Parking signs required Prohibited Stopping, Standing, or Parking
72.l5 Prohibited stopping, standing, or parking
72.l6 Obstructing traffic
72.l7 Parking in alleys
72.l8 Parking for sake of sale
72.l9 Parking adjacent to schools
72.20 Parking on narrow streets
72.21 Standing on one-way streets, roadways
72.22 Stopping near congested places
72.23 Parking restrictions at night Loading and Unloading Zones
72.30 Permit for loading, unloading at curb
72.31 Designated curb loading zones
72.32 Unloading zones for commercia lvehicles
72.33 Standing in passenger or freight loading zone
72.34 Public carrier stops and stands
Parking Permits
72.40 Definitions
72.41 Application for permit
72.42 Information required in application
72.43 Information on permit
72.44 Fees; disposition thereof
72.45 Decal required
72.46 Expiration of permits
72.47 Regulations
72.48 Review Board
72.49 Enforcement
Impounded Vehicles
72.55 Impounded vehicles
72.99 Penalty
Authority to regulate parking, see IC 9-21-l-3(a)(1)
Cross-reference:
GENERAL PROVISIONS
§ 72.01 MORE RESTRICTIVE PROVISIONS TO APPLY.
The provisions of this chapter, and Chapter 78, Schedule II, imposing a
time limit on parking shall not relieve any person from the duty to observe other
and more restrictive provisions prohibiting or limiting the stopping, standing, or
parking of vehicles in specified places or at specified times.
('67 Code, § 75.22)
§ 72.02 PARALLEL PARKING.
(A) Distance to curb. Except as otherwise provided in this chapter, every
vehicle stopped or parked upon a roadway where there are adjacent curbs shall
be so stopped or parked with the right-hand wheel of such vehicle parallel to and
within six inches of the right-hand curb.
(B) Clearance. There must be a clear distance of two feet in front and to
the rear of the parked car.
(C) Exceptions. Buses and taxicabs while temporarily parked for the
purpose of receiving or discharging passengers, and any other vehicles
necessarily and temporarily parked for loading or unloading.
('67 Code, § 75.01) Penalty, see § 72.99
§ 72.03 ANGLE PARKING.
(A) (1) The Board of Public Works and Safety shall determine upon what
streets angle parking shall be permitted and shall mark or sign such streets but
such angle parking shall not be indicated upon any federal-aid or state highway
within the city unless the Department of Highways has determined by resolution
or order entered in its minutes that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(2) Angle parking shall not be indicated or permitted at any place

where passing traffic would thereby be caused or required to drive upon the left
side of the street.
(3) No person shall park any vehicle having an overall length

exceeding 20 feet within any angle parking space on Main Street at any time.
(4) No person shall park, stand, or stop any camper truck or any
truck within any angle parking space on Main Street between 2nd Avenue and
8th Avenue at any time. The following vehicles shall be excepted from the
provision of this section:
(a) Emergency vehicles on an emergency run.
(b) Any vehicle loading or unloading merchandise, if

permission is granted by the Board of Public Works and Safety, and such parking
spaces are so posted. Provided, however, that such loading and unloading shall
not take place between the hours of l0:00 a.m. and l0:00 p.m.
('67 Code, § 75.02) (Ord. 11-l97l, passed 8-2-7l)
(B) (1) On those streets which have been signed or marked by the Board
of Public Works and Safety for angle parking, no person shall park or stand a
vehicle other than at the angle to the curb or edge of the roadway indicated by
such signs or markings.
(2) All vehicles parked on Main Street from lst Avenue West to the
east side of 8th Avenue, except on the south side from lst to 2nd Avenues, shall
be parked at an angle specified by the Board of Public Works and Safety. ('67
Code, § 75.03) (Ord.
l2-l969, passed 9-l5-69) Penalty, see § 72.99
§ 72.04 PARKING PROHIBITED.
(A) Parking prohibited at all times. When signs are erected giving notice
thereof, no person shall park a vehicle at any time upon any of the streets
described in Chapter 78, Schedule I.
(B) Parking prohibited during certain hours on certain streets. When

signs are erected in each block giving notice thereof, no person shall stop, stand,
or park a vehicle between the hours specified in Chapter 78, Schedule II of any
day except Sundays and public holidays within the district or upon any of the
streets described in Chapter 78, Schedule II.
('67 Code, § 75.03) Penalty, see § 72.99
§ 72.05 LIMITED PARKING.
(A) When signs are erected in each block giving notice thereof, no person
shall park a vehicle in violation of the provisions of Chapter 78, Schedule III.
(B) In accordance with § 72.04(A), and when signs are erected giving
notice thereof, no person shall park a vehicle for a period of time longer than one
and a half (1-l/2) hours, between 8:00 a.m. and 6:00 p.m. (E.S.T.) of any day
except Sundays and public holidays within the district, or upon any of the streets,
or parts of streets as follows:
(1) Business districts.
(2) N. l7th Avenue, from Albany Street.
(3) North to a point where the pavement narrows.

('67 Code, § 75.24) Penalty, see § 72.99
§ 72.06 EXCEPTIONS TO PROHIBITIONS.
The provisions of this chapter, and various schedules in Chapter 78 of this
code, prohibiting the standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official signs except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance
with the directions of a police officer or official traffic- control device.
('67 Code, § 75.21)
§ 72.07 PARKING SIGNS REQUIRED.
Whenever, by this code or any city ordinances, any parking time limit is
imposed or parking is prohibited on designated streets, it shall be the duty of the
Board of Public Works and Safety to erect appropriate signs giving notice
thereof. Such regulations shall not be effective unless the signs are erected and
in place at the time of any alleged offense.
('67 Code, § 75.25)
PROHIBITED STOPPING, STANDING, OR PARKING
§ 72.l5 PROHIBITED STOPPING, STANDING, OR PARKING.
(A) Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official traffic-control
device, no person shall:
(1) Stop, stand or park a vehicle:
(a) On the roadway side of any vehicle stopped or

parked at the edge or curb of a street;
(b) On a sidewalk;
(c) Within an intersection;

(d) Between a safety zone and the adjacent curb or
within 30 feet of points on the curb immediately opposite the ends of a safety
zone, unless the (traffic authority) indicates a different length by signs or
markings;
(e) Alongside or opposite any street excavation or

obstruction when stopping, standing or parking would obstruct traffic;
(f) Upon any bridge or other elevated structure upon

a highway or within a highway tunnel;
(g) On any railroad tracks;
(h) At any place where official signs prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except

momentarily to pick up or discharge a passenger or passengers:
(a) In front of a public or private driveway;
(b) Within 15 feet of a fire hydrant;
(c) Within 20 feet of a crosswalk at an intersection;
(d) Within 30 feet upon the approach to any flashing

signal, stop sign or traffic-control signal located at the side of a roadway;
(e) Within 20 feet of the driveway entrance to any fire

station and on the side of a street opposite the entrance to any fire station within
75 feet of that entrance (when properly sign posted);
(f) At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for

the purpose of and while actually engaged in loading or unloading merchandise
or passengers:
(a) Within 50 feet of the nearest rail of a railroad

crossing;
(b) At any place where official signs prohibit parking.
(B) No person shall move a vehicle not lawfully under his control into any
such prohibited area or away from a curb such a distance as is unlawful.
('67 Code, § 75.05) Penalty, see § 72.99
Parking prohibited in specified places, see IC 9-21-16-5
§ 72.l6 OBSTRUCTING TRAFFIC.
No person shall park any vehicle upon a street, other than an alley, in
such a manner or under such conditions as to leave available less than ten feet
of the width of the roadway for free movement of vehicular traffic.
('67 Code, § 75.06) Penalty, see § 72.99
§ 72.l7 PARKING IN ALLEYS.
No person shall park a vehicle within an alley in such a manner or under
such conditions as to leave available less than ten feet of the width of the
roadway for the free movement of vehicular traffic, and no person shall stop,
stand, or park a vehicle within an alley in such position as to block the driveway
entrance to any abutting property.
('67 Code, § 75.07) Penalty, see § 72.99
§ 72.l8 PARKING FOR SAKE OF SALE.
No person shall park a vehicle upon any roadway for the principal purpose
of displaying such vehicle for sale.
§ 72.l9 PARKING ADJACENT TO SCHOOLS.
(A) The Board of Public Works and Safety is authorized to erect signs
indicating no parking upon either or both sides of any street adjacent to any
school property when such parking would, in his opinion, interfere with traffic or
create a hazardous situation.
(B) When official signs are erected indicating no parking upon either side
of a street adjacent to any school property as authorized herein, no person shall
park a vehicle in any such designated place.
('67 Code, § 75.11) Penalty, see § 72.99
§ 72.20 PARKING ON NARROW STREETS.
indicating no parking upon any street when the width of the roadway does not
exceed 20 feet, or upon one side of a street as indicated by such signs when the
width of the roadway does not exceed 30 feet.
(B) When official signs prohibiting parking are erected upon narrow
streets as authorized herein, no person shall park a vehicle upon any such street
in violation of any such sign.
§ 72.21 STANDING ON ONE-WAY STREETS, ROADWAYS.
upon the left-hand side of any one-way street to prohibit the standing or parking
of vehicles, and when such signs are in place, no person shall stand or park a
vehicle upon such left-hand side in violation of any such sign.
(B) All vehicles parked on one-way streets shall be parked adjacent to the
curb of the street facing in the direction of the traffic flow.
('67 Code, § 75.l3) (Ord. 3-l954, passed 7-l6-54) Penalty, see § 72.99
§ 72.22 STOPPING NEAR CONGESTED PLACES.
designate, by proper signs, places not exceeding l00 feet in length in which the
stopping, standing, or parking of vehicles would create an especially hazardous
condition or would cause unusual delay to traffic.
(B) When official signs are erected at hazardous or congested places, as

authorized herein, no person shall stop, stand, or park a vehicle in any such
designated place.
§ 72.23 PARKING RESTRICTIONS AT NIGHT.
(A) No owner or operator of any truck or commercial vehicle, or person in
charge of same, shall park it or permit the vehicle to be parked or standing upon
any street or alley between l2:00 midnight and 6:00 a.m. for a period of more
than one hour. ('67 Code, § 75.08) (Ord. l0-l964, passed
9-2l-64)
(B) No person shall park a vehicle on any street for a period of time
longer than 30 minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day,
except physicians on emergency calls.
('67 Code, § 75.09)
LOADING AND UNLOADING ZONES
§ 72.30 PERMIT FOR LOADING, UNLOADING AT CURB.
(A) The Board of Public Works and Safety is authorized to issue special
permits to permit the backing of a vehicle to the curb for the purpose of loading or
unloading merchandise or materials subject to the terms and conditions of such
permit. Such permits may be issued either to the owner or lessee of real property
or to the owner of the vehicle and shall grant to such person the privilege as
therein stated and authorized herein.
(B) It shall be unlawful for any permittee or other person to violate any of
the special terms or conditions of any such permit.
('67 Code, § 75.04) Penalty, see § 72.99
§ 72.31 DESIGNATED CURB LOADING ZONES.
(A) The Board of Public Works and Safety is authorized to determine the
location of passenger and freight loading zones.
(B) All vehicles, while loading or unloading goods, wares, or merchandise,

or other material, within the business or congested district, between the hours of
8:00 a.m. and 7:00 p.m., must park parallel with the curb and as closely thereto
as possible.
(C) Any vehicle awaiting at the curb and not engaged in loading or
unloading shall promptly give way to another vehicle desiring to load or unload
goods, wares and merchandise, or other material. No vehicle shall be left
standing in any alley within the business or congested district between l0:00 a.m.
and 7:00 p.m. longer than is necessary for the purpose of loading or unloading
goods, wares, and merchandise.
§ 72.32 UNLOADING ZONES FOR COMMERCIAL VEHICLES.
Commercial tractor or trailer vans or tractor-trailer vans shall be permitted
to unload or load goods, merchandise, or other things of value within D-1 through
D-7 Zoning Districts for a period of time not exceeding two hours.
('67 Code, § 75.l6) (Ord. 2-l956, passed 6-l-56)
Cross-reference:
Commercial vehicles prohibited on certain streets, see § 71.36
§ 72.33 STANDING IN PASSENGER OR FREIGHT LOADING ZONE.
(A) Passenger zone. No person shall stop, stand, or park a vehicle for
any purpose or period of time other than for the expeditious loading or unloading
of passengers in any place marked as a passenger curb loading zone during
hours when the regulations applicable to such curb loading zone are effective,
and then only for a period not to exceed three minutes.
(B) Freight zone. No person shall stop, stand, or park a vehicle for any
purpose or length of time other than for the expeditious unloading and delivery or
pick-up and loading of materials in any place marked as a freight curb loading
zone during hours when the provisions applicable to such zones are in effect. In
no case shall the stop for loading and unloading of materials exceed 30 minutes.
§ 72.34 PUBLIC CARRIER STOPS AND STANDS.
(A) The Board of Public Works and Safety is hereby authorized and
required to establish bus stops, bus stands, taxicab stands, and stands for other
common-carrier motor vehicles on such public streets in such places and in such
number as he shall determine to be of the greatest benefit and convenience to
the public, and every such bus stop, bus stand, taxicab stand, or other stand
shall be designated by appropriate signs. ('67 Code, § 75.l8)
(B) (1) The operator of a bus shall not stand or park such vehicle upon
any street at any place other than a bus stand designated as provided herein.
(2) The operator of a bus shall not stop such vehicle upon any
street at any place for the purpose of loading or unloading passengers or their
baggage other than at a bus stop, bus stand, or passenger loading zone
designated as provided herein, except in case of an emergency.
(3) The operator of a bus shall enter a bus stop, bus stand, or
passenger loading zone on a public street in such a manner that the bus when
stopped to load or unload passengers or baggage shall be in a position with the
right front wheel of such vehicle not further than 18 inches from the curb and the
bus approximately parallel to the curb so as not to unduly impede the movement
of other vehicular traffic.
(4) The operator of a taxicab shall not stand or park such vehicle
upon any street at any place other than in a taxicab stand so designated as
provided herein. This provision shall not prevent the operator of a taxicab from
temporarily stopping in accordance with other stopping or parking regulations at
any place for the purpose of and while actually engaged in the expeditious
loading or unloading of passengers. ('67 Code, § 75.l9)
(C) No person shall stop, stand, or park a vehicle other than a bus in a
bus stop (or other than a hackney in a hackney stand), or other than a taxicab in
a taxicab stand when any such stop or stand has been officially designated and
appropriately signed, except that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not interfere with any bus,
hackney, or taxicab waiting to enter or about to enter such zone. ('67 Code, §
75.20)
PARKING PERMITS
For the purpose of this subchapter the following definitions shall apply
ADJACENT. Abutting the property of the residence or, if no such space is

available, then directly across the street and within the same block as the
residence.
HOUSEHOLD. A single individual living upon the premises as a single

housekeeping unit or a collective body of persons living upon the premises as a
single housekeeping unit.
SINGLE-FAMILY DETACHED DWELLING. A building designed for the

occupancy of no more than five adults, such as persons 16 years of age or older
and any dependent children of the household.
HANDICAPPED PERSON. Handicapped person shall mean a person

who has been issued a valid handicapped person license plate or sticker issued
by an agency of the state or who has been so determined by the Board of Public
Works and Safety after hearing thereon and after considering proof of physical
disability certified by a medical doctor.
('67 Code, § 75.26(A)(1) - (3)) (Ord. 6-l974, passed 9-l6-74; Am. Ord. 3-1994,
passed 2-22-94)
§ 72.41 APPLICATION FOR PERMIT.
(A) Any handicapped person or spouse residing in a single-family
detached dwelling in an area of the city zoned for residential purposes who owns
an automobile may apply to the Clerk-Treasurer for a permit for one parking
space adjacent to such residential property. At the time of application, a valid
automobile registration of the applicant shall be shown.
(B) Such dwellings shall be characterized by, but not limited to:
(1) A single house number with a single mailbox for the receipt of
materials sent through the United States mail;
(2) A single kitchen adequate for the preparation of meals;
(3) A tenancy based upon a legal relationship of a unitary nature,

such as a single lease, mortgage, or contractual sales agreement for the entire
premises;
(4) All other limitations and restrictions as defined in the county

dwelling district zoning ordinance and regulations appertaining thereto.
(C) In no event shall there be reserved more than one parking space for
any one household without regard to the number of adults who reside therein.
('67 code, § 75.26) (Ord. 6-l974, passed 9-l6-74; Am. Ord. 3-1994, passed 2-22-
94)
§ 72.42 INFORMATION REQUIRED IN APPLICATION.
The application form shall contain the name and address of the applicant;
the year, make, and license number of the automobile owned by the applicant
which is authorized to use the private parking space; and a signed statement
from the applicant, that he or his spouse resides at the address given in the
application and a signed, certified statement from a medical doctor attesting to
the handicap of the applicant and the need for a parking space, that he or his
spouse owns the listed automobile, and that he is unable to provide adequate off-
street parking. Should the automobile or its license number change while the
permit is in force, it is the applicant's responsibility to have it changed on the
application.
('67 Code, § 75.27) (Ord. 6-l974, passed 9-l6-74; Am. Ord. 3-1994, passed 2-22-
94)
§ 72.43 INFORMATION ON PERMIT.
The permit provided for in this subchapter shall contain the following
information:
(A) Number of the permit;
(B) Name and address of the person to whom the permit is issued;
(C) Year, make, and license number of vehicle authorized to use space;
(D) Month and date of issuance and date of expiration.

('67 Code, § 75.28) (Ord. 6-l974, passed 9-l6-74)
§ 72.44 FEES; DISPOSITION THEREOF.
(A) An initial administrative fee of $25 shall be paid upon issuance of the
permit to defray the city's cost of issuance and painting the curb of the parking
space. In addition thereto, an annual permit fee of $26 shall be paid thereafter
($l3 if issued after July 1 of any year). ('67 Code, § 75.31)
(B) All funds derived from the granting of permits under the provisions of
this subchapter shall be placed in the general fund of the city. ('67 Code, §
75.34) (Ord. 6-l974, passed 9-l6-74)
§ 72.45 DECAL REQUIRED.
A small, self-adhesive, colored decal bearing the expiration date of the
permit will be issued. Such decal shall be affixed to the sign at the location of the
private parking space. The color of the decal shall change each year. The
absence of the decal shall be presumptive evidence that the permit has expired.
§ 72.46 EXPIRATION OF PERMITS.
All permits shall expire on December 3l of the year of issuance. Permits
must be renewed by February 15 each year or the application and permit shall
expire.
(A) The following regulations shall be in effect:
(1) A permit shall be issued only when there is a clearly

demonstrated place of residence, and the applicant has a valid handicapped
person license plate or sticker issued by an agency of the State of Indiana, or the
Board of Public Works and Safety finds that the applicant or spouse is a
handicapped person and a parking space is therefore needed.
(2) Permits are restricted to one per residence.
(3) Permits shall be valid only for the calendar year in which they
are issued.
(4) Private parking spaces, pursuant to this subchapter are to be

used for passenger vehicles only.
(5) Private parking spaces may not be subleased or rented, for

consideration or gratuitously, to individuals outside the applicant's household.
(6) Violation of these regulations or any other provisions of this

subchapter shall result in the immediate revocation of the permit by the
administrative board with forfeiture of all fees paid.
(7) Permit holders will purchase and maintain a standard sign as
designated by the city.
(8) The city shall paint the curbing designating such parking space
with suitable markings.
('67 Code, § 75.36)
(B) No permit for a parking space adjacent to a residence shall be

granted for any space in which the city shall install a parking meter, or prohibit
parking entirely. ('67 Code, § 75.33)
(Ord. 6-l974, passed 9-l6-74; Am. Ord. 9-l985, passed 9-23-85; Am. Ord. 3-1994,
passed 2-22-94)
§ 72.48 REVIEW BOARD.
The application for a permit under the provisions of this subchapter shall
be approved by the Board of Public Works and Safety. The application for a
permit shall be forwarded to this board by the Clerk-Treasurer, and the
application shall be approved or disapproved in accordance with the guidelines
set forth in this subchapter. An initial investigation of the application shall be
made by the Police Department or the office of the Director of Public Works. The
decision of the Board of Public Works and Safety shall be final. If a previously
issued permit for the prior year is approved, no additional administrative fee shall
be required. If a previously issued permit is disapproved, a percentage refund
based upon the months remaining in that calendar year shall be made to the
permit holder upon proof of having paid the fee for that year. The Board shall
further have the authority to revoke any permit upon finding a violation of the
regulations contained in this subchapter.
('67 Code, § 75.32) (Ord. 6-l974, passed 9-l6-74; Am. Ord. 9-l985, passed 9-23-
85)
No vehicle other than those authorized by a valid permit shall park in a
private parking space signed or marked as provided herein.
('67 Code, § 75.35) (Ord. 6-l974, passed 9-l6-74) Penalty, see § 72.99
IMPOUNDED VEHICLES
§ 72.55 IMPOUNDED VEHICLES.
For provisions concerning the impounding of vehicles for illegally stopping
or parking, see Chapter 75.
§ 72.99 PENALTY.
Except as otherwise provided in this chapter, whoever violates any
provisions of this chapter shall be fined not less than $1 nor more than $l,000.
CHAPTER 73: PEDESTRIANS
Section
73.01 Pedestrians to obey traffic-control device

73.02 Crosswalks, safety zones
73.03 Right-of-way at crosswalks
73.04 Pedestrian to use right half of crosswalk
73.05 Crossing at other than crosswalk
73.06 Crossing at right angles
73.07 Driver to exercise due care
73.08 Walking on sidewalks, roadways
73.09 Soliciting rides, business
73.l0 Soliciting guarding of vehicle
73.11 Playing in public street or on highway
73.99 Penatly
Cross-reference:
Pedestrians in no-passing zones, see § 7l.03
Pedestrians' rights and duties, see IC 9-21-17-1 et seq.
§ 73.01 PEDESTRIANS TO OBEY TRAFFIC-CONTROL DEVICES.
Pedestrians shall be subject to traffic-control signals as heretofore
declared in §§ 70.30 through 70.38, but at all other places pedestrians shall be
granted those rights and be subject to the restrictions stated in this chapter.
('67 Code, § 78.01) (Ord. 5-l965, passed 8-2-65)
Pedestrians subject to traffic control signals, see IC 9-21-17-1
§ 73.02 CROSSWALKS, SAFETY ZONES.
The Board of Public Works and Safety is hereby authorized to:
(A) Designate and maintain, by appropriate devices, marks, or lines upon

the surface of the roadway, crosswalks at intersections where in his opinion there
is particular danger to pedestrians crossing the roadway, and at such other
places as he may deem necessary. However, there shall be deemed to be a
crosswalk, whether or not so marked, at all sides of every intersection in the city
duly designated as a street and so named by signs, or on public plats, and
pedestrians shall have the right to cross there in both directions. (Ord. 7-l955,
passed 4-l6-55)
(B) Establish safety zones of such kind and character and at such places
as he may deem necessary for the protection of pedestrians.
('67 Code, § 70.23)
§ 73.03 RIGHT-OF-WAY AT CROSSWALKS.
(A) When traffic-control signals are not in place or not in operation, the
driver of a vehicle shall yield the right-of-way, slowing down or stopping if need
be, to yield to a pedestrian crossing the roadway within a crosswalk when the
pedestrian is upon the half of the roadway upon which the vehicle is traveling or
when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger. No pedestrian shall suddenly leave a curb or other
place of safety and walk or run into the path of a vehicle which is so close that it
is impossible for the driver to yield.
(B) Whenever any vehicle is stopped at a marked crosswalk or at any

unmarked crosswalk at an intersection to permit a pedestrian to cross the
roadway, the driver of any other vehicle approaching from the rear shall not
overtake and pass the stopped vehicle.
('67 Code, § 78.02) (Ord. 5-l965, passed 8-2-65) Penalty, see § 73.99
Pedestrians' right-of-way at crosswalk, see IC 9-21-17-6
§ 73.04 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK.
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
('67 Code, § 78.03)
Use of crosswalks, see IC 9-21-17-11
§ 73.05 CROSSING AT OTHER THAN CROSSWALKS.
(A) Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within any unmarked crosswalk at an intersection shall yield
the right-of-way to all vehicles upon the roadway.
(B) Pedestrian tunnel or crossing. Any pedestrian crossing a roadway at a

point where a pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right-of-way to all vehicles upon the roadway.
(C) Between intersections. Between adjacent intersections at which

traffic-control signals are in operation, pedestrians shall not cross at any place
except in a marked crosswalk. (Ord. 5-l965, passed
8-2-65)
(D) Crossing diagonally. No pedestrian shall cross a roadway intersection

diagonally unless authorized by official traffic-control devices; and, when
authorized to cross diagonally pedestrians shall cross only in accordance with
the official traffic-control devices pertaining to such crossing movements.
('67 Code, § 78.04) Penalty, see § 73.99
Crossing at other than crosswalk, see IC 9-21-17-7
§ 73.06 CROSSING AT RIGHT ANGLES.
No pedestrian shall cross a roadway at any place other than by a route at
right angles to curb, or by the shortest route to the opposite curb, except in a
crosswalk.
§ 73.07 DRIVERS TO EXERCISE DUE CARE.
Notwithstanding the foregoing provisions of this chapter, every driver of a
vehicle shall exercise due care to avoid colliding with any pedestrian upon a
roadway and shall give warning by sounding the horn when necessary, and shall
exercise proper precaution upon observing any child or any confused or
incapacitated person upon a highway.
('67 Code, § 78.06) (Ord. 5-l965, passed
8-2-65) Penalty, see § 73.99
Drivers to exercise due care, see IC 9-21-17-20
§ 73.08 WALKING ON SIDEWALKS, ROADWAY.
(A) Using sidewalks. Where sidewalks are provided, it shall be unlawful
for any pedestrian to walk along and upon an adjacent roadway.
(B) Walking on left or facing traffic. Where sidewalks are not provided,
any pedestrian walking along and upon a highway shall, when practicable, walk
only on the left side of the roadway, or its shoulder, facing traffic which may
approach from the opposite direction.
§ 73.09 SOLICITING RIDES, BUSINESS.
No person shall stand in a street or highway for the purpose of soliciting a
ride, employment, or business, from the driver or occupant of any vehicle.
('67 Code, § 78.09(A)) (Ord. 5-l965, passed 8-2-65) Penalty, see § 73.99
Pedestrians soliciting rides or business, see IC 9-21-17-16, 9-21-17-17
§ 73.l0 SOLICITING GUARDING OF VEHICLE.
No person shall stand on or in proximity to a street or highway for the
purpose of soliciting the watching or guarding of any vehicle while parked or
about to be parked on street or highway.
('67 Code, § 78.09(B)) (Ord. 5-l965, passed 8-2-65) Penalty, see § 73.99
§ 73.11 PLAYING IN PUBLIC STREET OR ON HIGHWAYS.
No person, regardless of age, shall play any games or utilize the public
streets and highways for any purpose other than for which the streets and
highways have been designed, namely, the flow of vehicular traffic.
('67 Code, § 78.l0) (Ord. 5-l965, passed
8-2-65) Penalty, see § 73.99
§ 73.99 PENALTY.
Whoever violates any provisions of this chapter shall be fined not more
than $l00, or, in the event the violator is of minor age, he may be referred to the
Marion County Juvenile Court for appropriate action and may be required to
attend traffic school, if established within the city. In addition to the aforesaid
penalty, the violator may have the vehicle utilized in the violation confiscated, or
any combination of penalties and performance herein prescribed.
('67 Code, § 78.99) (Ord. 5-l965, passed 8-2-65)
CHAPTER 74: BICYCLES, MOTORCYCLES
Section
Bicycles
74.01 Applicability of regulations

74.02 Parental responsibilities
74.03 Bicycle equipment
74.04 Riding on seats
74.05 Number of passengers permitted
74.06 Carrying articles
74.07 Audible signal required
74.08 Riding on roadway, sidewalks
74.09 Riding two abreast
74.l0 Bicycle paths
74.11 Obedience to traffic regula-tions, control devices required
74.l2 Speed limits
74.l3 Emerging from alley or driveway
74.l4 Parking
74.l5 Limitations on turning around
Motorcycles
74.25 Definitions
74.26 Traffic laws applicable
74.99 Penalty
Authority to regulate bicycles, see IC 9-21-1-3(a)(9)
Cross-reference:
BICYCLES
§ 74.01 APPLICABILITY OF REGULATIONS.
(A) Violations. It is a violation of this chapter for any person to do any act
forbidden or fail to perform any act required herein, or by any officer engaged in
the lawful discharge of his official duties.
(B) Applicability. These regulations shall apply whenever a bicycle is

operated upon any highway or upon any path set aside for the exclusive use of
bicycles, subject to those exceptions stated herein.
(C) Bicycle rider. Every person riding a bicycle upon a roadway shall be
subject to the provisions of this chapter applicable to the driver of a motor
vehicle.
Traffic laws apply, see IC 9-21-11-2
§ 74.02 PARENTAL RESPONSIBILITIES.
(A) No parent of any child or the guardian of any protected person shall
authorize or knowingly permit any such child or protected person to violate any of
the provisions of this chapter.
(B) Allowing child on public street. It shall be unlawful for the parent, legal
guardian, or custodian of any minor child under the age of ten years, to suffer or
permit such child to ride a bicycle, play, skate, or roller or ice skate, or use any
coaster, scooter, skate board, toy vehicle, or any similar play device on any
public street in the city, except when designated by the city as a play street.
('67 Code § 77.l0) (Ord. 5-l965, passed 8-2-65) Penalty, see § 74.99
Parental responsibility, see IC 9-21-11-1
§ 74.03 BICYCLE EQUIPMENT.
(A) Lamps. Every bicycle operated on a public highway from one-half
hour after sunset until one-half hour before sunrise shall be equipped with a lamp
on the front exhibiting a white light visible from a distance of at least 500 feet to
the front and with a lamp on the rear exhibiting a red light visible from a distance
of 500 feet to the rear; except that a red reflector meeting the requirements of
this act may be used in lieu of a rear light.
(B) Brakes. Every bicycle shall be equipped with a brake which will
enable the operator to make the braked wheels skid on dry, level, clean
pavement. (IC 9-21-11-9, 9-21-11-10)
('67 Code, § 77.l3) (Ord. 5-l965, passed 8-2-65) Penalty, see § 74.99
§ 74.04 RIDING ON SEATS.
A person propelling a bicycle shall not ride other than upon the permanent
and regular seat attached thereto, nor carry any other person upon such bicycle
otherwise than upon a firmly attached and regular seat thereon, nor shall any
person ride upon a bicycle otherwise than as above stated. (IC 9-4-l-95)
§ 74.05 NUMBER OF PASSENGERS PERMITTED.
No bicycle shall be used to carry more persons at one time than the
number for which it is designated and equipped.
('67 Code, § 77.11(B)) (Ord. 5-l965, passed 8-2-65) Penalty, see § 74.99
§ 74.06 CARRYING ARTICLES.
No person riding a bicycle shall carry any package, bundle, or article
which prevents the rider from keeping both hands upon the handlebars. (IC 9-
21-11-7)
§ 74.07 AUDIBLE SIGNAL REQUIRED.
No person shall ride a bicycle unless it is equipped with a bell or other
device capable of giving a signal audible for a distance of at least l00 feet, except
that no bicycle shall be equipped with, nor shall any person use upon a bicycle,
any siren or whistle. (IC 9-21-11-8)
§ 74.08 RIDING ON ROADWAY, SIDEWALKS.
(A) Every person operating a bicycle upon a roadway shall ride as near to
the right side of the roadway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction. ('67 Code, § 77.l8)
(Ord. 5-l965, passed 8-2-65)
(B) (1) Business districts. No person shall ride a bicycle, skateboard,

roller skates or coaster device upon a sidewalk within the business districts in the
city.
(2) Yielding the right-of-way. Whenever any person is riding a

bicycle or a skateboard upon a sidewalk, such person shall yield the right-of-way
to any pedestrian, and shall give an audible signal before overtaking and passing
a pedestrian.
(3) The City Board of Public Works and Safety is authorized to

erect signs on any sidewalk or roadway prohibiting the riding of bicycles,
skateboards, roller skates or coaster devices thereon by any person and when
such signs are in place no person shall disobey such prohibition. ('67 Code, §
77.l9) (Ord. 4-l989, passed
5-l5-89)
§ 74.09 RIDING TWO ABREAST.
Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths of roadways set aside for the exclusive use of bicycles.
(IC 9-21-11-6) ('67 Code, § 77.20(A)) Penalty, see § 74.99
§ 74.l0 BICYCLE PATHS.
Wherever a usable path for bicycles has been provided adjacent to a
roadway, bicycle riders shall use the path and shall not use the roadway.
('67 Code, § 77.20(B)) Penalty, see § 74.99
§ 74.11 OBEDIENCE TO TRAFFIC REGULATIONS, CONTROL DEVICE
REQUIRED.
(A) The operator of any bicycle upon any public highway shall observe
each and all of the regulations and requirements of this chapter which apply to
the usage of the right lane of the highway in travel, the stoppage and proceeding
in accord with traffic signals, and the utilization of prescribed manual signs for the
guidance of other traffic. ('67 Code, § 77.l4)
(B) Any person operating a bicycle shall obey the instructions of official
traffic-control signals, signs, and other control devices applicable to vehicles,
unless otherwise directed by a police officer.
(C) Whenever authorized signs are erected indicating that no right, left, or
U-turn is permitted, no person operating a bicycle shall disobey the direction of
any such sign, except where such person dismounts from the bicycle to make the
turn, in which event the person shall then obey the regulations applicable to
pedestrians. ('67 Code, § 77.l5)
§ 74.l2 SPEED LIMITS.
No person shall operate a bicycle at a greater speed than is reasonable
and prudent under the existing conditions. ('67 Code, § 77.21) (Ord. 5-l965,
passed 8-2-65) Penalty, see § 74.99
§ 74.l3 EMERGING FROM ALLEY OR DRIVEWAY.
The operator of a bicycle emerging from an alley, driveway, or building
shall, upon approaching a sidewalk or the sidewalk area extending across any
alleyway, yield the right-of-way to all pedestrians approaching on the sidewalk or
sidewalk area, and upon entering the roadway shall yield the right-of-way to all
vehicles approaching on the roadway.
§ 74.l4 PARKING.
No person shall park a bicycle upon a street other than upon the roadway
against the curb or upon the sidewalk in a rack to support the bicycle or against a
building or at the curb in such manner as to afford the least obstruction to
pedestrian traffic.
§ 74.l5 LIMITATIONS ON TURNING AROUND.
The operator of any bicycle shall not turn such bicycle so as to proceed in
the opposite direction upon any street unless such movement can be made in
safety and without interfering with other traffic.
MOTORCYCLES
Words and phrases, when used in this subchapter, shall have the
meanings respectively ascribed to them as set out in IC 9-13-2.
('67 Code, § 77.01)
§ 74.26 TRAFFIC LAWS APPLICABLE.
(A) In addition to all other laws and regulations applicable to the driving
and operation of motorcycles on the public streets and highways, all sections
within this subchapter shall also apply.
(B) All other traffic regulations adopted before or after the effective date of
this act and all rights and duties inured therefrom which apply to motor vehicle
drivers or operators generally, shall apply to the drivers and operators of
motorcycles except those which expressly do not apply or which by their nature
can have no application.
(C) Use of traffic lane. All motor vehicles, including motorcycles, are
entitled to the full use of a traffic lane and no vehicle shall be driven or operated
in such a manner so as to deprive any other vehicle of the full use of a traffic lane
provided that motorcycles may, with the consent of both drivers, be operated not
more than two abreast in a single-traffic lane.
('67 Code, § 77.02) Penalty, see § 74.99
§ 74.99 PENALTY.
(A) Whoever violates any provisions of §§ 74.01 through 74.l5 shall be
fined not more than $l00, or, in the event the violator is of minor age, he may be
referred to the Marion County Juvenile Court for appropriate action and may be
required to attend traffic school, if established within the city. In addition to the
aforesaid penalty, the violator may have the vehicle utilized in the violation
confiscated, or any combination of penalties and performance herein prescribed.
(Ord. 5-l965, passed 8-2-65)
(B) Whoever violates any provisions of § 74.26 shall be subject to the

penalties in IC 9-21-11-14.
('67 Code, § 77.99; Am. Ord. 1-l987, passed 3-2-87)
CHAPTER 75: IMPOUNDED VEHICLES
Section
75.01 Authority to impound vehicle

75.02 Notice
75.03 Hearing
75.04 Towing and impounding charges
75.05 Payment of fine within 48 hours
75.99 Penalty
Cross-reference:
§ 75.01 AUTHORITY TO IMPOUND VEHICLE.
(A) Any vehicle, including taxicabs and public buses, parked or left
standing unattended upon any street or public place in the city, at any time, in
violation of any provisions of this code or other ordinances of the city, or of any
state law, or any vehicle known to have been stolen and so left on any street, is
declared a nuisance and an unlawful obstruction upon the street or public place,
and a hazard to traffic thereon.
(B) Any police officer, when discovering a vehicle parked or kept standing
unattended, or when it is attended and the occupant or operator refuses, if able
to do so, or fails to move it on request, shall attach to the vehicle, or serve upon
the person a notice of violation, as provided for in this chapter. In addition, the
officer may remove the vehicle, or cause it to be removed to any city-owned or
operated property, or to a private garage or place authorized pursuant to
contract, where the vehicle shall be impounded and detained as hereinafter
provided. The vehicle shall be released only upon police order or that of the
Board of Public Works and Safety, authorizing the vehicle to be surrendered, or
upon an order of a judge of any court having jurisdiction, after a hearing as
provided in § 75.l7, or pursuant to any other legal proceedings.
('67 Code, § 7l.02) (Ord. l0-l964, passed 9-2l-64)
§ 75.02 NOTICE.
(A) Notice. When a vehicle, found by or reported to the police, is found
parked or standing upon any street or public place in violation of the provisions of
this chapter or code, or is known to be a stolen or abandoned vehicle, the officer
shall attach to the vehicle, or serve upon any person in charge thereof and who
fails or refuses, if able to do so, to move it upon his request, the notice authorized
by this chapter. The guilty person shall be subject, at his option, to payment of
the charges or penalty at the Traffic Violation Bureau as fixed for such violation or
to the penalty prescribed for an offense in this subchapter and fixed by the court
upon a plea of guilty, or upon a trial and conviction of the violation. ('67 Code, §
7l.03(A))
(B) Owner's risk. Removal and impounding of a vehicle shall be

accomplished with reasonable care but otherwise shall be at the risk of the
owner, his agent or representative, and the expense and result of removal and
storage shall be borne by the owner, his agent, or representative for the use and
benefit of the city, or of the person who operates or has charge of the garage or
other storage place, whether public or private, unless otherwise ordered by a
judge of the court, after a hearing. ('67 Code, § 7l.03(C))
(C) Removal, impounding, and storage of a vehicle, pursuant to this

chapter's provisions, shall in no way supersede, bar, excuse, or prevent a
prosecution of any person or in any way relieve him from the penalty prescribed
for his violation of this code or any other city ordinance or state law, for the
violation of which the vehicle has been removed, impounded, and stored, but
remedies and penalties are declared to be distinct and separate as means of
enforcing obedience to this code. ('67 Code, § 75.l6(D))
(Ord. l0-l964, passed 9-2l-64) Penalty, see § 75.99
§ 75.03 HEARING.
(A) (1) Refusal to pay impounding costs; affidavit. Whenever an owner,
his agent, or representative fails or refuses to pay expenses of removal and
storage of a vehicle impounded, in addition to and separate from the penalty
incurred by him, the police officer discovering the vehicle parked or left standing,
illegally, shall file or cause to be filed, in any court having jurisdiction, an affidavit
charging the owner, his agent, or representative with the committed offense. The
person so charged shall be cited to appear on a certain day and hour to answer
and stand trial upon the charge. The police officer shall be present and assist in
the prosecution of the charge.
(2) Pending a hearing upon the charge, the owner, his agent, or
representative may obtain possession of the impounded vehicle by filing a bond
with the clerk of the court of $25, or in another reasonable sum fixed by the judge
of the court, conditioned upon the appearance of the owner, his agent or
representative before the court at the day and hour set for trial, to answer the
charge in the affidavit.
(3) In the event the judge finds the vehicle to have been parked
illegally, the judge shall, in all instances, not only assess the penalty prescribed
herein, or by law for the violation, but in addition thereto, shall determine and
assess against the defendant whatever amount, within the limits prescribed by
this chapter, the judge finds from the evidence is a fair and equitable
reimbursement to the city or other persons, for the removal expense and for
impounding and storage of the vehicle. However, in no event, shall the sum
assessed for impounding be more than the maximum amount in this chapter, but
the charge shall be additional to the assessment of the reasonable charges for
the storage of the vehicle, not exceeding the storage charges herein provided for.
(B) Returning car to owner. In the event that the judge finds from the
evidence that the vehicle was not parked or left standing in violation of any
provisions of this code, or other ordinance or statute, as charged in the affidavit,
the judge shall order the car restored to the owner, agent or representative
without any penalty or the assessment of any charges made against him.
('67 Code, § 7l.04) (Ord. l0-l964, passed 9-2l-64) Penalty, see § 75.99
§ 75.04 TOWING AND IMPOUNDING CHARGES.
Impounding and storing vehicle. Independent of, and in addition to the
remedy, action, and assessment of any penalty provided for such violations, the
officer may order and effect the removal of the vehicle from the street or other
public place and may cause it to be impounded and stored, as provided for in this
chapter, and any action against or charges assessed against or paid by or for the
person as a result of impounding and storage shall be wholly distinct from and
independent of any offense and penalty which may be assessed against and
paid by or for the person. ('67 Code, § 7l.03(B))
(Ord. l0-l964, passed 9-2l-64)
§ 75.05 PAYMENT OF FINE WITHIN 48 HOURS.
Any person receiving a notice authorized by this chapter shall pay a fine of
$5, payable at the office of the Clerk-Treasurer within 48 hours from the time the
notice is attached to the vehicle or served upon the person in charge of the
vehicle. If the fine is not paid within 48 hours, the officer shall initiate prosecution
by affidavit in the appropriate court, in which case prescribed penalties shall be in
full force and applicable. Each notice shall constitute a separate and distinct
offense and each violation shall also constitute a separate offense.
('67 Code, § 7l.06) (Ord. l0-l964, passed 9-2l-64)
§ 75.99 PENALTY.
provisions of this chapter shall be fined not more than $200.
(B) Whoever violates any provision of this chapter, and whose vehicle
(including taxicabs and public buses) has been impounded, towed in, and stored
pursuant to this chapter's provisions, in addition to and independent of the
payment of all aforesaid costs and charges incurred by the tow-in, impounding
and storage, shall be fined not less than $1 nor more than $l00. Each violation
shall constitute a separate offense in addition to any separate charges incurred
by reason of each separate offense. (Ord. l0-l964, passed 9-2l-64)
('67 Code, § 7l.99)
CHAPTER 76: SNOW EMERGENCY
Section
76.01 Definition
76.02 Proclamation by Mayor
76.03 Snow emergency routes
76.04 Removal of vehicles by law enforcement officers
76.05 Notice required
76.06 Impounding vehicles; charges therefor
76.99 Penalty
Cross-reference:
§ 76.01 DEFINITION.
For the purpose of this chapter the following definition shall apply unless
SNOW EMERGENCY. A period of time prior to, during, and after a

snowfall, as forecast by the United States Weather Bureau, during which
vehicular traffic is expected to be particularly hazardous or congested due to the
elements, and during which period of time the parking of such vehicles could
hinder, delay, and obstruct the safe flow of traffic and the proper cleaning,
clearing, and making safe of certain heavily traveled public streets of this city.
('67 Code, § 76.l5) (Ord. 2-l97l, passed 2-l-7l)
§ 76.02 PROCLAMATION BY MAYOR.
A snow emergency shall commence by executive order and determination
and proclamation by the Mayor either before, during, or after a snowfall, when in
his sound judgment and discretion the circumstances warrant the determination
of such an emergency for the public safety of the city. Such snow emergency
shall continue in effect until the Mayor determines that an emergency no longer
exists and accordingly terminates such emergency.
§ 76.03 SNOW EMERGENCY ROUTES.
(A) It shall be unlawful for the owner, driver, or operator of any vehicle to
park or stop the same, or to permit the same to be parked or to stand at any time,
during the period of any snow emergency, on any of the following streets,
avenues, boulevards, parkways, or highways, which are hereby declared to be
snow emergency routes:
Street From To
Main Street lst Ave. 8th Ave.

l0th Ave. Main St. Albany St.
l3th Ave. Main St. Southern Ave.
l6th Ave. Main St. Albany St.
l7th Ave. Main St. Buffalo St.
Grovewood Ave. 9th Ave. Emerson Ave.
(B) Any additional streets or portions thereof which may be designated by

the Mayor in such emergency executive order and then posted by the Police
Department or other city department.
('67 Code, § 76.l7) (Ord. 2-l97l, passed 2-l-7l) Penalty, see § 76.99
§ 76.04 REMOVAL OF VEHICLES BY LAW ENFORCEMENT OFFICERS.
In addition to the foregoing penalties, any police officer, upon discovering
any such vehicle so parked or stopped in violation of § 76.03, may remove such
vehicle or cause the same to be removed to any city-owned property or to a
private garage or place where so authorized pursuant to contract, where such
vehicle shall be impounded and retained, and shall be released only upon order
of the Chief of Police or the Board of Public Works and Safety, or upon order of
the judge of any court having jurisdiction therein, after hearing or legal
proceedings proper under the circumstances.
§ 76.05 NOTICE REQUIRED.
Such person or police officer shall notify the owner or operator of such
vehicle, or his representative, of any such violation by presenting any such
person found in possession or in charge of such vehicle with written notice. If
such officer shall not find any such person in possession or in charge of such
vehicle, or if any such person be a child, or incapable of receiving such notice,
then such officer shall notify such owner or operator thereof by posting or
attaching a written notice of such violation in a conspicuous place upon such
vehicle and such person shall be bound thereby. All notices of traffic violations,
as herein required to be served, shall be executed by the police officer, or other
authorized person, in triplicate. One copy shall be served upon the violator, as
herein provided, one copy shall be filed by the officer with the Clerk-Treasurer
and one copy shall be filed in the office of the Chief of Police and shall also be for
the use of the officer. The latter of two copies shall be filed in said respective
offices by the officer at his earliest convenience before or when he goes off duty
for the particular day on which such notice was served on the violator. All notice
herein provided shall be serially numbered and shall contain the following
information:
(A) The specific violation with which the violator is charged;
(B) The license plate number of the vehicle;
(C) The name and address of the owner of the vehicle, if possible to
obtain the same;
(D) The location of violation;
(E) The signature of the officer;
(F) The badge number, if any, of the officer; the date of the violation. The
copy of the notice served upon the violator, or his representative, or the owner or
the vehicle, shall also state that the violator or such other person shall appear in
person or by attorney or agent with his license or permit to drive or operate motor
vehicles by the state at the office of the Clerk-Treasurer within five days, by the
hour of l2:00 noon, legal time, for the purpose of paying the fine provided in §
76.99 hereof, or request a hearing before a magistrate for the purpose of
pleading not guilty. Upon such request for hearing, such violator shall be taken
before a magistrate in the usual manner prescribed by the statutes of the state
concerning such violations.
§ 76.06 IMPOUNDING VEHICLES; CHARGES THEREFOR.
(A) The removal and impounding of vehicle pursuant to § 76.04 shall in
no way supersede, bar, excuse, or prevent the prosecution of any person or in
any way relieve him from the penalty prescribed for his violation of this chapter.
('67 Code, § 76.20)
(B) Any person violating any provision of this chapter and whose vehicle
has been so impounded, towed-in, or stored pursuant to the provisions of these
sections, in addition to and independent of the payment of fines as specified in §
76.99 shall pay separately all tow-in, impounding, or storage costs incurred
because of a violation of this chapter. ('67 Code, § 76.21)
(Ord. 2-l97l, passed 2-l-7l) Penalty, see § 76.99
§ 76.99 PENALTY.
Whoever violates any of the provisions of § 76.03 shall be fined for each
such violation, any sum not exceeding $15 for any such offense. When any
police officer or other person authorized by the Board of Public Works and Safety
shall observe a violation of § 76.03 such person or officer may give notice as is
provided for in § 76.05.
('67 Code, § 76.99(C)) (Ord. 2-l97l, passed 2-l-7l)
CHAPTER 77: TRAFFIC SCHEDULES
Schedule
I. One-way streets and alleys

II. Through streets and stop streets
III. [Reserved]
IV. Speed limits
Cross-reference:
SCHEDULE I. ONE-WAY STREETS AND ALLEYS.
(A) Traffic shall move only in the direction indicated upon the following streets:
STREET BETWEEN SIDE ORD.NO.
Bellfontaine St. The west end of First Ave. to the East to west 9-975
east line of Second Ave.
Churchman Ave. East line of South Fifteenth Ave. and West to east
the west line of Thirteenth Ave.
First alley north East line of Sixth Ave. and the west East to west
of Main St. line of Seventh Ave.
First Ave. South line of Main St. to the west line North to south
9-1975
of New Emerson Ave. (Intersection of
First and Emerson Ave.)
Second Ave. South line of Albany St. and north line South to north
9-1975
of Churchman Ave.
Second Ave. North line of Albany St. to the south North to south
9-1975
line of Bethel Ave. (two-way traffic) South to north
Second Ave. South line of Bethel Ave. and north North to south
line of Churchman Ave.
Third Ave. South line of Bethel Ave. and north North to south 9-
1975
Fourth Ave. South line of Bethel Ave. and north South to north 9-
1975
Sixth Ave. South line of Bethel Ave. and north South to north
Seventh Ave. South line of Bethel Ave. and north North to south
Eighth Ave. South line of Cleveland St. and north South to north
Ninth Ave. South line of Albany St. and north North to south
Tenth Ave. South line of Albany St. and north South to north
Eleventh Ave. South line of Albany St. and north North to south
Sixteenth Ave. South line of Albany St. and the north North to south
line of Main St.
(B) Whoever violates any provision of this schedule shall be fined no less than
$1 nor more than $400 for such violation.
('76 Code, § 79.01) (Ord. 3-l954, passed 7-l6-54; Am. Ord. 9-l959, passed 8-3-
59; Am. Ord. 6-l96l, passed 7-3-6l; Am. Ord. 9-l967, passed 9-5-67; Am. Ord. 8-
l969, passed 5-l9-69)
SCHEDULE II. THROUGH STREETS AND STOP STREETS.
(A) (1) In accordance with the provisions of § 71.61, and when
signs are erected giving notice thereof, drivers of vehicles shall stop at every
intersection before proceeding into the intersection as marked; or shall obey the
automatic traffic signal then and there existing. In the event an automatic traffic
signal is then existing but is not working, all traffic shall stop before entering any
intersection set out herein.
INTERSECTION CONTROL - DESCRIPTIO
1st and Albany Auto signal s/b 1st, e/b Albany

1st and alley s. Stop sign e/b alley
1st and Main Auto signal s/b Main, e/b Main
1st and alley n. Stop sign e/b alley
1st and Bellfontaine Stop sign e/b Bellfontaine
2nd and Bellfontaine 2-way e/b and w/b Bellfontaine
2nd and Alton Stop sign w/b 2nd
2nd and alley s. 2-way stop alley e/b and w/b
2nd and Main Stop sign w/b 2nd
2nd and alley w. 2-way stop e/b and w/b alley
2nd and Albany 2-way stop n/b and s/b 2nd
2nd and Bethel Stop sign w/b 2nd
3rd and Buffalo Stop sign e/b Buffalo
3rd and Albany Stop sign s/b 3rd
3rd and alley n. 2-way stop e/b and w/b alley
3rd and Main Stop sign s/b 3rd
3rd and alley s. 2-way stop e/b and w/b alley
3rd and Alton Stop sign s/b 3rd
3rd and Bellfontaine 2-way stop e/b and w/b Bellfontaine
3rd and Churchman Stop sign s/b 3rd
4th and Churchman Stop sign n/b 4th
4th and Bellfontaine Stop sign e/b and w/b Bellfontaine
4th and Alton Stop sign w/b 4th
4th and alley s. 2-way stop e/b and w/b alley
4th and Main Stop sign w/b 4th
4th and alley n. 2-way stop e/b and w/b alley
4th and Albany Stop sign w/b 4th
4th and Buffalo 2-way stop e/b and w/b Buffalo
4th and Bethel Stop sign w/b 4th
Subway and Bethel Stop sign e/b Subway
Subway and Emerson 2-way stop e/b and w/b Subway
5th and Albany 4-way stop w/b Albany, n/b and s/b 5th
5th and Main 4-way stop n/b and s/b 5th, w/b and e/b Main
5th and alley s. 2-way e/b and w/b alley
5th and Alton 4-way n/b and s/b 5th; e/b and w/b Alton
5th and Bellfontaine 2-way e/b and w/b Bellfontaine
5th and Churchman Stop sign s/b 5th
6th and Churchman 3-way stop e/b and w/b Churchman, n/b 6th
6th and Bellfontaine 2-way stop e/b and w/b Bellfontaine
6th and Alton 3-way stop n/b 6th, e/b and w/b Alton
6th and Main 3-way stop e/b and w/b Main, n/b 6th
6th and Albany Stop sign n/b 6th
6th and Cleveland 2-way stop e/b and w/b Cleveland
6th and Bethel Stop sign n/b 6th
7th and Bethel None
7th and Buffalo 3-way stop s/b 7th, e/b and w/b Buffalo
7th and Albany Stop sign s/b 7th
7th and Main 3-way stop s/b 7th, e/b and w/b Main
7th and Alton 3-way stop s/b 7th, e/b and w/b Alton
7th and Bellfontaine 2-way stop e/b and w/b Bellfontaine
7th and Churchman Stop sign s/b 7th
8th and Churchman Stop sign n/b 8th
8th and Bellfontaine 2-way e/b and w/b Bellfontaine
8th and Alton Stop sign n/b 8th
8th and Main Stop sign n/b 8th
9th and Cleveland Stop sign w/b Buffalo
9th and Albany Stop sign s/b 9th
9th and Main Stop sign s/b 9th
9th and Alton 3-way stop s/b 9th, e/b and w/b Alton
9th and Bellfontaine Stop sign w/b Bellfontaine
9th and Churchman 4-way stop s/b and n/b 9th, and e/b and w/b Churchman
10th and alley n. Stop sign w/b alley
10th and Main Auto signal w/b and e/b Main, n/b 10th
10th and Alton 3-way stop n/b 10th, e/b and w/b Alton
10th and Churchman Stop sign w/b 10th
11th and Churchman 2-way stop s/b and n/b 11th
11th and Alton Stop sign s/b 11th
11th and Main None
11th and alley s. Stop sign w/b alley
12th and Churchman 2-way stop s/b and n/b 12th
12th and Alton 2-way stop s/b and n/b 12th
12th and Parkway Stop sign w/b 12th
11th and Parkway Stop sign e/b Parkway
13th and Main Auto signal n/b and s/b 13th, e/b and w/b Main
13th and Albany and w/b Albany 4-way stop flasher n/b and s/b 13th and e/b
13th and Detroit 2-way stop e/b and w/b Detroit
13th and Southern 2-way stop n/b 13th and w/b Southern
12th and Southern Stop sign n/b 12th
12th and Detroit Stop sign s/b 12th
11th and Southern 2-way stop n/b and s/b 11th
Southern and Bethel Stop sign e/b Southern
10th and Bethel Stop sign w/b 10th
Beechwood and Bethel Stop sign n/b Beechwood
14th and Detroit 2-way stop e/b and w/b Detroit
14th and Cleveland Stop sign s/b 14th
14th and Buffalo Stop sign s/b 14th
15th and Buffalo 3-way stop n/b 15th, e/b and w/b Buffalo
16th and Cleveland Stop sign s/b 16th
16th and Buffalo Stop sign s/b 16th
17th and Cleveland 2-way stop w/b and e/b Cleveland
17th and Detroit Stop sign w/b Detroit
17th and Southern 2-way stop e/b and w/b Southern
15th and Main 2-way stop e/b and w/b 15th
14th and Main Stop sign s/b 14th
16th and Main 2-way stop e/b and w/b 16th
16th and Albany Stop sign w/b 16th
17th and Main Auto signal w/b and e/b 17th, e/b and w/b Main
17th and Albany Auto signal n/b and s/b 17th, and e/b and w/b Albany
17th and alley s. Stop sign w/b alley
17th and alley n. Stop sign w/b alley
(2) Churchman to Thompson Emerson to West Boundary Line.
INTERSECTION CONTROLS - DESCRIPTION
Byland and 12th Stop sign s/b 12th

Byland and 9th Stop sign e/b and w/b Byland
Byland and 8th Stop sign n/b and s/b 8th
Byland and 6th Stop sign e/b and w/b Byland
Byland and 4th Stop sign e/b Byland
4th and Fletcher Stop sign e/b and w/b Fletcher
Fletcher and 8th Stop sign e/b Fletcher
Fletcher and 9th Stop sign w/b Fletcher
Timber Grove Place and 9th Avenue Stop sign e/b Timber Grove Place
9th and Ash Ct. Stop sign w/b Ash Ct.
9th and Ash Stop sign w/b Ash Ct.
Ash and Killian Stop sign n/b Killian
Ash and Memorial Stop sign n/b Memorial
Ash and 6th Stop sign s/b 6th
Ash and 4th Stop sign e/b Ash Ct.
4th and Birch Stop sign e/b Birch
4th and Elm Stop sign e/b Elm
Elm and Memorial Stop sign s/b Memorial
Memorial and Bobs Ct. Stop sign e/b Bobs Court
Memorial and Cherry Stop sign e/b Cherry
Memorial and Birch Stop sign w/b Birch
Cherry and Killian Stop sign w/b Cherry
Killian and Elm Stop sign s/b Killian
Elm and 9th Stop sign w/b Elm
9th and Grovewood Dr. Stop sign w/b Grovewood Dr.
Grovewood Dr. and Edwards Dr. (west) Stop sign n/b Edwards Dr.
Grovewood Dr. and Edwards Dr. (east) Stop sign n/b Edwards Dr.
Grovewood Dr. and Gerry Dr. Stop sign n/b Gerry Dr.
Grovewood Dr. and Grovewood Place Stop sign w/b Grovewood Pl.
Edwards Dr. and Wally Court Stop sign n/b Wally Ct.
Edwards Dr. and Ada Lane Stop sign n/b Ada Lane
Edwards Dr. and Gerry Dr. Stop sign s/b Gerry Dr.
Gerry Dr. and Gerry Ct. Stop sign s/b Gerry Court
9th and North Bend Rd. Stop sign w/b North Bend Rd.
North Bend Rd. and Keifer Ct. Stop sign s/b Keifer Ct.
North Bend Rd. and Melody Ct. Stop sign s/b Melody Ct.
9th and Redfern Stop sign e/b and w/b Redfern
Redfern and Killian Stop sign n/b Killian
Redfern and Biloxi Stop sign e/b Redfern
Redfern and Arcola Ct. Stop sign n/b Arcola Ct.
Redfern and Lannette Ct. Stop sign n/b Lannete Ct.
9th and Biloxi Stop sign w/b Biloxi
Biloxi and Yazoo Stop sign w/b Yazoo
Yazoo and St. John Ct. Stop sign n/b and s/b St. John Ct.
Yazoo and Dangerfield Stop sign w/b Dangerfield
Dangerfield and Rodney Ct. Stop sign s/b Rodney Court
Timber Grove Place and Timber Grove Way Stop sign s/b Timber Grove Way
Yazoo and Andrea Dr. (north) Stop sign w/b Andrea Dr.
Yazoo and Andrea Dr. (south) Stop sign s/b Yazoo
Andrea and Whitewood Ct. Stop sign n/b Whitewood Ct.
Yazoo and Oakmont Ct. Stop sign w/b Oakmont
Yazoo and Woodmont Ct. Stop sign e/b Woodmont
Andrea Dr. and Andrea Court Stop sign n/b Andrea Court
(3) All streets from 17th - west.
17th and Sumner Stop sign e/b Sumner

17th and Mann (park entrance) Stop sign w/b Mann
17th and Alton Stop sign e/b Alton
Alton and Gilbert Stop sign e/b Alton
Gilbert and Newcomer Stop sign e/b Newcomer
Gilbert and Mann Stop sign e/b Mann
Mann and St. Francis Stop sign s/b St. Francis
Mann and Clark Stop sign e/b Mann
Mann and 25th Stop sign w/b Mann
Clark-Ticen and Alton s/b Ticen Stop sign e/b Clark, w/b Alton, and n/b
and
Ticen and Britton Stop sign w/b Britton
Newcomer and St. Francis Stop sign n/b St. Francis
Britton and Alton Stop sign e/b Britton
25th and Main Stop sign w/b Main and n/b 25th
Main and Chester Stop sign n/b Chester
Main - Ticen St. - Ticen Stop sign n/b Ticen and s/b Ticen Ct.
Main and St. Francis Stop sign n/b St. Francis
Main and Glengyle Stop sign n/b Glengyle
Main and Briar Ln. Stop sign n/b Briar Ln.
Main and Gilbert Stop sign n/b Gilbert
Main and 18th Stop sign s/b 18th
Main and 17th Auto signals n/b, s/b, e/b, w/b
17th and Albany and Churchman Auto signals n/b and s/b 17th, e/b, and
w/b
Albany, e/b Churchman
Alley west 17th and Main Stop sign s/b alley
Alley west 17th and Albany Stop sign n/b alley
Albany and 18th Stop sign n/b and s/b 18th
Albany and 25th and w/b Stop sign and red flashers for n/b, s/b,
e/b,
25th and Bischoff Stop sign w/b Bischoff
25th and Royal Rd. Stop sign w/b Royal Rd.
Royal Rd. and Churchman Stop sign e/b Royal Rd.
Churchman and 25th Stop sign and red flashers for n/b and
s/b,
yellow flashers for e/b and w/b
Churchman and 24th Stop sign s/b 24th
Churchman and 23rd Stop sign s/b 23rd
Churchman, Cleveland and Cleveland Ct. Stop sign w/b Cleveland-e/b
Cleveland Ct.
Churchman and 21st Stop sign s/b 21st
Churchman and 18th Stop sign n/b and s/b 18th
17th and Buffalo Stop sign e/b and w/b Buffalo
17th and Cleveland Stop sign e/b and w/b Cleveland
17th and Detroit Stop sign w/b Detroit
17th and Southern Stop sign e/b and w/b Southern
18th and Cleveland Stop sign n/b, s/b, e/b, and w/b
Alley east 18th and Cleveland Stop sign n/b and s/b in alleys
18th and Buffalo Stop sign e/b and w/b Buffalo
Alley east 18th and Buffalo Stop sign s/b in alley
19th and Buffalo Stop sign w/b Buffalo
19th and Cleveland Stop sign e/b, w/b, n/b, and s/b
Alley east 19th and Cleveland Stop sign s/b in alley
19th and Detroit Stop sign e/b Detroit
20th and Detroit Stop sign e/b and w/b Detroit
20th and Cleveland Stop sign n/b and s/b 20th
21st and Cleveland Stop sign n/b and s/b 21st
21st and Detroit Stop sign e/b and w/b Detroit
21st and Southern Stop sign n/b 21st
23rd and Southern Stop sign n/b 23rd
23rd and Detroit Stop sign w/b Detroit
(4) All streets from Emerson Ave. - east.
Thompson and Emerson Automatic signal e/b, w/b, n/b, and s/b
Emerson and Victory Automatic signal e/b, w/b, n/b, and s/b
Emerson and Redfern Stop sign e/b Redfern
Emerson and 465 (south) Automatic signal e/b, n/b, and s/b
Emerson and 465 (north) Automatic signal w/b, n/b, and s/b
Emerson and Elmwood Automatic signal w/b, n/b, and s/b
Emerson and Grovewood Place Stop sign e/b Grovewood Place
Emerson and Grovewood Dr. Stop sign e/b Grovewood Drive
Emerson and Hornet Automatic signal n/b, s/b, e/b, and w/b
Emerson and Denver Stop sign e/b Denver
Emerson and Churchman Automatic signal n/b, s/b, e/b, and w/b
Emerson and Garstang Stop sign w/b Garstang
Emerson and Main Automatic signal n/b, s/b, and e/b
Emerson and Albany Automatic signal n/b, s/b, and e/b
Garstang and Schaff Stop sign n/b Schaff
Garstang and Bellfontaine Stop sign e/b Bellfontaine
Bellfontaine and Schaff Stop sign e/b, w/b, n/b, and s/b
Garstang and Ritter Stop sign n/b Ritter
Big Four and Arlington Stop sign e/b Big Four
Arlington and Churchman Bypass Stop sign n/b, s/b, e/b, and w/b
Churchman Bypass and Churchman Stop sign n/b Churchman
Arlington and Hanna Stop sign e/b and w/b Hanna
Churchman and Elmwood Stop sign s/b Churchman
Churchman and Ritter Stop sign s/b Ritter
Elmwood and Cashard Stop sign s/b Cashard
Elmwood and ButlerStop sign s/b Butler
Churchman Bypass and Hanna Stop sign e/b Hanna
Churchman and Schaff Stop sign s/b Schaff
(B) Penalty. Whoever violates any provision of this schedule shall be

fined not less than $1 nor more than $100 for such violation.
(Ord. 9-1990, passed 12-3-90)
SCHEDULE III. [RESERVED].
SHEDULE IV. SPEED LIMITS.
(A) Schedule. No motor vehicle of any type shall be operated on the following
streets in excess of the speed limits indicated herein.
(1) Motor vehicles shall not be operated on the following streets in excess
of l0 miles per hour:
LOCATION ORD. NO.
Roadways in city parks 2-l982

City alleys 2-l982
(2) Motor vehicle speed on the following streets shall be limited to no faster
than 20 miles per hour:
LOCATION ORD. NO.
Adelaide St., Butler east to dead end 2-l982

Ash Court, 2-l982
Beechwood Dr., Detroit to Bethel 2-l982
Butler, Elmwood to Adelaide St. 2-l982
Byland Drive, Ninth Ave. to Twelfth Ave. 8-1996

Cashard, Elmwood to dead end 2-l982
Churchman Ave., Twelfth Ave. west to

Thirteenth Ave. 3l-l984
Cleveland, Churchman west to dead end 2-l982
Denver, 2-l982
Grovewood Dr., Ninth Ave. to Emerson Ave. 2-l982
Redfern Dr., Emerson west to dead end 2-l982
Schaff St., Churchman to Garstang 2-l982
Fourth Ave., Churchman to Elm 2-l982
Sixth Ave., Bethel to Ash St. 2-l982
Eighth Ave., Churchman to Fletcher Ln. 2-l982
Tenth Ave., Detroit to Southern Ave. 2-l982
Twelfth Ave., Churchman Ave. to Byland Dr. 8-1996
Twelfth Ave., Churchman to Parkway Dr. 2-l982
Thirteenth Ave., Churchman north to Alton St. 3l-l984
Timber Grove Place 7-1994
Timber Grove Drive 7-1994
LOCATION ORD. NO.
Big Four Rd., Cincinnati to Arlington Ave. 2-l982
Churchman Ave., Emerson Ave. west to Twelfth Ave. 3l-l984
Cincinnati, Garstang St. to Big Four Rd. 2-l982
Garstang St., Emerson Ave. to Cincinnati St. 2-l982

Hornet Ave., Emerson Ave. to High School 2-l982
Main St., Twenty-fifth Ave. to Eighth Ave. 2-l982
North Seventh Avenue, Bethel to Albany Streets 3-l989
Redfern Dr., Ninth Ave. to west city limits 2-l982
Ritter, Cincinnati to Churchman Ave. 2-l982
Southern Ave., Bethel to Sherman Dr. 2-l982
Subway Street, Emerson to north city limits 2-l982
First Ave., Albany Street to Bellefontaine St. 2-l982
Fifth Ave., North city limits to Churchman Ave. 2-l982
Thirteenth Ave., Alton St. north to Albany St. 3l-l984
Thirteenth Ave., Southern to Churchman Ave. 2-l982
Twenty-fifth Ave., Albany to Sumner Ave. 2-l982
Posted school zones when children are present 2-l982
of 30 miles per hour:
LOCATION ORD. NO.
South 9th Ave., Churchman Ave.to 4-l992

Thompson Rd., except for the school
zone for South Grove School and the
Little League Park entrance zone which
shall be 25 miles per hour at all times
LOCATION ORD. NO.
Albany St., West city limits to Emerson Ave. 22-l984
Bethel Ave., North city limits to Emerson Ave. 22-l984

Churchman Ave., Twenth-fifth Ave. to
Seventeenth Ave. 22-l984
Churchman Ave., Emerson Ave. to Hanna Ave.22-l984
Churchman bypass, Churchman Ave. to east

city limits 22-l984
Elmwood Ave., Emerson to Churchman 22-l984
Garstang Ave. (Big 4 Rd.) 22-l984
Hanna Ave., Churchman Ave. to I-465 22-l984
Southern Ave., Sherman Drive to

Twenty-fifth Ave. 22-l984
Sumner Ave., Twenty-fifth Ave. to

Sherman Dr. 22-l984
Thompson Rd., Emerson Ave. to west city

limits 22-l984
Victory Dr., Emerson Ave. to each city limits 22-l984
Seventeenth Ave., north city limits to

Sumner Ave. 22-l984
Twenty-fifth Ave., Southern to Albany St. 22-l984
(6) Motor vehicles shall not be operated on the following streets in

excess of 40 miles per hour:
LOCATION ORD. NO.
Emerson Ave., north city limits to I-465 2-l982
of 45 miles per hour.
LOCATION ORD. NO.
Emerson Ave., I-465 to Thompson Rd. 2-l982
(B) Signs. The Department of Public Works and Safety shall post the
speed limits as established herein on appropriate signs.
(C) Penalty.
(1) Persons who operate their motor vehicles upon the

designated streets, alleys, or parkways in excess of the posted speed limits
established herein shall be fined in an amount of not to exceed $500 by a court
of competent jurisdiction.
(Ord. 2-l982, passed 3-l-82)
(2) Any person who violates the provisions of Ord. 3l-l984 may
be fined in an amount no less than $1 or more than $l,000. (Ord. 3l-l984, passed
l2-l7-84)
(3) Any person who violates the provisions of Ord. 7-1994 may
be fined in an amount not less than $1 or more than $500. (Ord. 7-1994, passed
7-5-94)
CHAPTER 78: PARKING SCHEDULES
Schedule
I. Parking prohibited at all times

II. Parking prohibited at certain times
III. Parking limited on certain streets
Cross-reference:
SCHEDULE I. PARKING PROHIBITED AT ALL TIMES.
(A) No parking is permitted in any alley right-of-way in the city. (Res. 1-
l96l, passed 7-3-6l)
(B) No person shall leave an unattended vehicle on the traveled portion of

any street or highway within the city limits.
(C) Other locations where parking is prohibited at all times are as follows:
STREET BETWEEN SIDE ORD. NO.
Albany St. North Fifth Ave. and North Ninth Ave. North
Albany St. Fifteenth Ave. and Seventeenth Ave. North
Albany St. The north-south alley between First South

Ave. and Second Ave. and Second Ave.
Albany St. Seventh Ave. and Eighth Ave. South

Albany St. The north-south alley between Ninth South
Ave. and Tenth Ave. and North
Thirteenth Ave.
Albany St. The midway on Sixteenth Ave. and South

Seventeenth Ave.
Arlington Ave. Along its entire length

Ash St. Memorial Dr. and South Sixth Ave. North
Bethel Ave. First Ave. and the west city limits Both
(exception: The zoo block on the
north side)
Buffalo St. North Fifteenth Ave. and North South

Sixteenth Ave.
Buffalo St. North Sixteenth Ave. and North Both

Seventeenth Ave.
Churchman Emerson Ave. east to Thirteenth Ave. Both 31-1984

Ave.
Churchman Hanna Ave. and South Thirteenth Ave. Both

Ave.
Churchman Seventeenth Ave. and Twenty-fifth Ave. Both
Ave.
Churchman South Fifteenth Ave. and South Both 9-1959
Ave. Thirteenth Ave., eastbound
Churchman Fifth Ave. and Sixth Ave. North 16-1981

Ave. (right-of-way)
Cleveland St.North Thirteenth Ave. and North Both

Sixteenth Ave.
Detroit St. North Thirteenth Ave. and North West

Tenth Ave.
Elm St. South Ninth Ave. and South Fourth Ave. South
Grovewood. Emerson Ave. and South Ninth Ave. North

Ave.
Grovewood Emerson Ave. and Edwards Ave. South
Ave.
Grovewood The east property line of the premises South 11-l980
Ave. at 32l Grovewood Ave. and the west
property line of the premises at 417
Grovewood Ave.
Hanna Ave. Arlington Ave. east its entire length East

within the city and the Penn Central
Railroad
Main St. The l200 block North
Main St. Seventeenth Ave. and Eighteenth Ave. North
Main St. 70 feet west from first Ave. North Res. 4-1986
Memorial Dr. Elm St. and Ash St. East
Pacific Ave. Emerson Ave. and the high school Both
Redfern Dr. West line of Emerson Ave. to the 12-1986

vacated portion of Redfern Dr.
Southern Thirteenth Ave. and Seventeenth Ave. North 10-1982

Ave.
Victory Dr. A point 183.63 lineal feet from the North 4-1977
east right-of-way line of Emerson Ave.
and a point 83l.24 lineal feet from the
east right-of-way line of Emerson Ave.
First Ave. l40 feet north from Main St. West Res. 4-1986
South First Ave. Main St. and an alley West
North Second Ave. Main St. and Bethel Ave. West
South Sixth Ave. Ash St. and Churchman Ave. East
South Ninth Ave. A point l50 feet north of Ash Ct. East
and a point l45 feet south of Elm St.
South Ninth Ave. Churchman Ave. and Thompson Rd. Both
North Tenth Ave. Main St. and Albany St. West
Thirteenth Ave. Churchman Ave. north to Albany St. Both 31-

1984
North Thirteenth Albany St. and Adams Dr. West Res. 1-198l
Ave.
North Thirteenth Albany St. and a point l23 lineal feet East Res.
1-198l
Ave. north of Albany St.
South Seventeenth Main St. and Sumner Ave. Both

Ave.
North Seventeenth A point midway in the l00 block (where Both

Ave. pavement narrows), and Southern Ave.
South Eighteenth Main and Albany West

Ave.
(D) Proposed prohibitions:
STREET BETWEEN SIDE ORD. NO.

Albany St. Second Ave. and Thirteenth Ave. Both
Royal Rd. Both
Southern Ave. Bethel Ave. and North Seventeenth St. Both
Southern Ave. North Seventeenth St. and North South

Twenty-fifth St.
North Thirteenth Detroit Ave. and Southern Ave. West

Ave.
North Twenty-fifth Albany Street and Churchman Ave. East

Ave.
(E) Whoever violates any provisions of this schedule for which another
penalty is not provided, shall be fined not less than $1 nor more than $l000 for
each violation. ('67 Code, § 79.03) (Ord. 2-1968, passed 4-2-68; Am. Ord. 4-
1971, passed 3-15-71; Am.
Ord. 16-1971, passed 10-4-71)
SCHEDULE II. PARKING PROHIBITED AT CERTAIN TIMES.
(A) In accordance with § 72.04, and when signs are erected giving notice
thereof, no person shall park a vehicle between the hours specified herein on any
day, except Sundays and public holidays, within the district or upon any of the
streets or parts of streets as follows:
STREET HOURS PARKING IS PROHIBITED

Main Street between First and Eighth Aves. 1:00 a.m. to 5:00 a.m. (E.S.T.)
North 18th Ave., both sides of the 100 block 7:00 a.m. to 9:00 a.m. Mon.
through Fri.
(B) When signs are erected giving notice thereof, no person shall park a
vehicle for a period of time longer than 1-l/2 hours between 8:00 a.m. and 6:00
p.m. (E.S.T.) on any day except Sundays and public holidays within the district or
upon any of the following streets or parts of streets:
From the first alley north and the first alley south of Main St. on the following
streets:
Second Ave.
Third Ave.
Fourth Ave.
Fifth Ave.
Sixth Ave.
Seventh Ave.
Eighth Ave.
(Ord. 3-l960, passed 4-l8-60; Am. Ord. 5-l969, passed 9-2-69; Am. Ord. 2-1994,
passed 2-22-94)
(C) When signs are erected giving notice thereof, no person shall park a
vehicle for a period of time longer than one hour between 8:00 a.m. and 5:00
p.m. (E.S.T.) on any day except Sundays and public holidays within the district or
upon any of the following streets or parts of streets:
On the east side of North Second Ave. from the centerline of Albany St. to a
distance l45 feet north of the centerline of Albany St. (Ord. 32-l979, passed l2-l7-
79)
(D) (1) Whoever violates any provisions of this schedule for which another
penalty is not provided, shall be fined no less than $1 nor more than $3 for each
violation. ('67 Code, § 79.99(A))
(2) Whoever violates any provision of division (B) shall be fined not less
than $2 nor more than $15 for each offense. ('67 Code, § 79.99(C))
(3) Whoever violates any provisions of division (C) shall be fined not less
than $1 nor more than $25. (Ord. 32-l979, passed l2-l7-79)
Cross-reference:
Parking time limited on certain streets, see § 72.05
SCHEDULE III. PARKING LIMITED ON CERTAIN STREETS.
(A) No parking will be permitted for approximately 1-1/2 car spaces from the
existing parking restrictions at the following intersections. Prohibited parking
spaces shall be plainly marked at these locations:
LOCATION CORNER ORD. NO.
Third St. and Main St. Northwest
Fourth St. and Main St. Southeast
Fifth St. and Main St. Northwest
Sixth St. and Main St. Southeast
Seventh St. and Main St. Southeast
Seventh St. and Main St. Northwest

('67 Code, § 79.05) (Res. 1-l96l, passed 7-3-6l)
(B) Whoever violates any provisions of this schedule shall be fined not less
than $1 nor more than $3 for each violation. ('67 Code, § 79.99(A))
TITLE IX: GENERAL REGULATIONS
Chapter
90. ANIMALS
91. CABLE COMMUNICATIONS
92. CEMETERIES
93. CIVIL EMERGENCY; CURFEW
94. FIRE PREVENTION
95. FISHING AT LICK CREEK
96. GARBAGE AND REFUSE COLLECTION
97. LIBRARIES
98. NUISANCES
99. PARKS AND RECREATION
100. STREETS AND SIDEWALKS

101. VEHICLES; ABANDONED, JUNKED, AND THE LIKE
102. NOISE CONTROL
103. FAIR HOUSING

CHAPTER 90: ANIMALS
Section
General Provisions
90.01 Definitions
90.02 Confinement of dogs and cats in heat
90.03 Animals creating a nuisance
90.04 Humane treatment required
90.05 Live poultry to be sold in certain quantities
90.06 Exhibiting wild or vicious animal
90.07 Awarding live animals as prizes
90.08 Limits as to number of domestic, farm animals allowed
90.09 Curbing animals required
90.10 Keeping cows
Administration
90.15 Powers of humane officers

90.16 Restraining, impounding animals
90.17 Reclaiming impounded animals
90.18 Notice of violations
Permits
90.25 Permit required for all animals; exceptions

90.26 Regulations
90.27 Fees
90.28 Term of permit; transfer
90.29 Revocation
90.30 Identification tags
Rabies Control
90.40 Director of Public Health may order quarantine

90.41 Killing rabid animals
Standards for Commercial Enterprises
90.50 Pet shops

90.51 Riding schools or stables
90.52 Trainers of guard dogs
90.53 Kennels
Vicious Animals
90.65 Definitions
90.66 Regulations
90.67 Noncompliance
90.99 Penalty
City's authority to establish animal shelters, see IC 36-8-2-6
Cross-reference:
GENERAL PROVISIONS
For the purpose of this chapter the following definitions shall apply unless
ANIMAL. Any living creature, domestic or wild.
ANIMAL SHELTER. Any premises designated by city administrative

authority for the purpose of impounding and caring for animals held under
authority of this chapter.
CIRCUS. A nonresident variety show which features animal acts.
HUMANE OFFICER. Any person designated by the Board of Public

Works and Safety to perform such duties as designated by this chapter and the
Chief of Police.
HUMANE SOCIETY. Any organization for the prevention of cruelty to

animals or children incorporated under the laws of the state.
KENNEL. Any person, partnership, or corporation engaged in the

business of breeding, buying, selling, or boarding dogs and cats or engaged in
the training of dogs for guard or sentry purposes.
OWNER. Any person, partnership, or corporation owning, keeping, or

harboring animals.
PET SHOP. Any person, partnership, or corporation engaged in the

business of breeding, buying, selling, or boarding animals of any species.
RESTRAINT. An animal shall be deemed to be under restraint if on the
premises of its owner or if accompanied by a responsible person and under that
person's control.
THEATRICAL EXHIBIT. Any exhibition or act featuring performing

animals.
VETERINARY HOSPITAL. Any establishment maintained and operated

by a licensed veterinarian for the boarding of animals or the diagnosis and
treatment of diseases and injuries of animals.
ZOOLOGICAL GARDEN. Any park or zoo operated by a person or private

corporation.
('67 Code, § 90.01) (Ord. 5-l973, passed 6-18-73)
§ 90.02 CONFINEMENT OF DOGS AND CATS IN HEAT.
Every female dog or cat in heat shall be confined in a building or secure
enclosure in such manner that such female dog or cat cannot come into contact
with another animal except for planned breeding.
§ 90.03 ANIMALS CREATING A NUISANCE.
(A) No owner shall fail to exercise proper care and control of his animals
to prevent them from becoming a public nuisance. Excessive, continuous, or
untimely barking, molesting passersby, chasing vehicles, habitually attacking
other domestic animals, trespassing upon school grounds, or trespassing upon
private property in such a manner as to damage property, shall be deemed a
nuisance. ('67 Code, § 90.14) (Ord. 5-l973, passed 6-18-73)
(B) No person shall own, keep, or harbor any dog which, by frequent or
habitual howling, yelping, barking, or otherwise, shall cause serious annoyance
or disturbance to persons upon a public street, highway, or right-of-way, or to
persons in the neighborhood in which such owner resides. The police may
impound such dogs in accordance with the provisions of this chapter, or may
proceed under § 90.18, and issue a notice of violation of this chapter, citing this
section. The procedures and penalty shall be the same as those set out in §
90.18. (Ord. 6-l975, passed 6-2-75)
§ 90.04 HUMANE TREATMENT REQUIRED.
(A) No owner shall fail to provide his animals with sufficient good and
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane care and
treatment.
(B) No person shall beat, cruelly ill treat, torment, overload, overwork, or
otherwise abuse any animal, or cause or permit any dog fight, cockfight, bullfight,
or other combat between animals or between animals and humans.
(C) No owner of an animal shall abandon such animal.
(D) No person shall crop a dog's ears except when a licensed veterinarian
issues a signed certificate that the operation is necessary for the dog's health or
comfort and in no event shall any person except a licensed veterinarian perform
such an operation.
§ 90.05 LIVE POULTRY TO BE SOLD IN CERTAIN QUANTITIES.
Chickens or ducklings younger than eight weeks of age may not be sold in
quantities of less than 15 to a single purchaser.
§ 90.06 EXHIBITING WILD OR VICIOUS ANIMALS.
No person shall keep or permit to be kept on his premises any wild or
vicious animal for display or for exhibition purposes, whether gratuitously or for a
fee. This section shall not be construed so as to apply to a zoological garden,
theatrical exhibit, or circus as defined in § 90.01, except that no theatrical exhibit
or act shall be held in which animals are encouraged to perform through the use
of chemical, electrical, or mechanical devices.
§ 90.07 AWARDING LIVE ANIMALS AS PRIZES.
No person shall give away any live vertebrate animal as a prize for, or as
an inducement to enter, any contest, game, or other competition, or as an
inducement to enter a place of amusement, or offer such vertebrate as an
incentive to enter into any business agreement whereby the offer was for the
purpose of attracting trade.
§ 90.08 LIMITS AS TO NUMBER OF DOMESTIC, FARM ANIMALS ALLOWED.
(A) No person shall maintain upon his premises such number of
household pets (animals) as will create a nuisance.
(Ord. 6-l975, passed 6-2-75)
(B) No person shall keep or maintain upon any one premises in the city
more than four adult dogs or four adult cats. This provision shall not apply to
premises which are properly zoned and licensed as a kennel. (Ord. 25-l977,
passed 9-26-77)
(C) It shall be unlawful for any person to keep any domestic farm animal
other than four dogs or four cats within the corporate limits of the city. (Ord. 14-
l979, passed 7-2-79) Penalty, see § 90.99
§ 90.09 CURBING ANIMALS REQUIRED.
(A) No person shall knowingly allow, except as provided in division (B) of
this section, an animal to defecate on a public street or byway of any municipally
owned or public land or buildings, or private property, without permission of the
land owner.
(B) An owner of a guide dog may permit that dog to relieve itself on
ground situated outside of pedestrian or vehicular traffic ways. For the purpose
of this division, GUIDE DOG shall mean any animal serving a blind person in an
auxiliary ocular (eye) capacity.
(C) If an animal shall relieve itself as contemplated in division (A), the

owner of the animal shall remove any solid evidence of such relief to a waste
container, or shall otherwise dispose of such evidence of relief in a manner
inoffensive to reasonable public sensibilities.
(D) No person shall knowingly allow his animal to disperse waste material
placed for public or private collection on any public street or byway or any
municipally owned or public land or building or private property.
(Ord. l9-l978, passed 12-18-78) Penalty, see § 90.99
§ 90.10 KEEPING COWS.
No person shall keep any milk cows or other domestic farm animals within
the city limits.
ADMINISTRATION
§ 90.15 POWERS OF HUMANE OFFICERS.
Any humane officer shall have police powers in the enforcement of this
chapter and no person shall interfere with, hinder, molest, or abuse any humane
officer in the exercise of such powers.
Appointment of humane officers, see IC 36-8-3-18
§ 90.16 RESTRAINING, IMPOUNDING ANIMALS.
(A) All dogs and cats shall be kept under restraint. ('67 Code, § 90.09)
(B) Unrestrained dogs or cats may be taken by police, or the humane

officer and impounded in an animal shelter, and there confined in a humane
manner. Impounded dogs and cats shall be kept for not less than three days
unless reclaimed by their owner. If by a permit tag or by other means the owner
can be identified, the Police Department shall immediately upon impoundment
notify the owner by telephone or mail of the impoundment of the animal. Dogs
and cats not claimed by their owners within three days, or placed in suitable new
homes, shall be humanely euthanized by an agency delegated by him to
exercise that authority. ('67 Code, § 90.10)
§ 90.17 RECLAIMING IMPOUNDED ANIMALS.
An owner reclaiming an impounded animal shall pay a fee of $10 plus $5
for each day that the animal has been impounded, to a total maximum fee of $25.
The owner may also be proceeded against for violation of this chapter and his
permit may be revoked.
('67 Code, § 90.11) (Ord. 5-l973, passed 6-18-73)
§ 90.18 NOTICE OF VIOLATIONS.
In addition to, or in lieu of, impounding an animal found at large, the
humane officer, or police officer may issue to the known owner of such animal a
notice of violation of § 90.16(A). Such notice shall impose upon the owner a
penalty of $25 which may, at the discretion of the animal owner, be paid to the
Clerk-Treasurer within 72 hours in full satisfaction of the assessed penalty. In the
event that such penalty is not paid within the time period prescribed, a summons
shall be initiated before a municipal court judge and upon conviction of a violation
of this chapter, the owner shall be punished as provided in § 90.99.
('67 Code, § 90.12) (Ord. 5-l973, passed 6-18-73)
PERMITS
§ 90.25 PERMIT REQUIRED FOR ALL ANIMALS; EXCEPTIONS.
(A) No person shall, without first obtaining a permit in writing from the
Clerk-Treasurer, own, keep, harbor, or have custody of any animal over three
months of age, except that this section shall not apply to the keeping of small
cage-birds or aquatic and amphibian animals solely as pets. ('67 Code, § 90.02)
(B) The sections of this chapter requiring a permit shall not apply to
nonresidents of the city who are keeping only domestic pets, provided that
animals of such owners shall not be kept in the city longer than 30 days and that
the animals are kept under restraint. ('67 Code, § 90.08)
The Board of Public Works and Safety shall promulgate regulations
governing the issuance of permits and such regulations shall include
requirements for humane care of the owner's animals and for compliance with all
provisions of this chapter and other applicable state and local laws. The Board of
Public Works and Safety may amend such regulations from time to time as it
deems desirable for the public health and welfare and to protect animals from
cruelty.
('67 Code, § 90.03) (Ord. 5-l973, passed 6-18-73)
§ 90.27 FEES.
Upon a showing by any applicant for a person that he is prepared to
comply with the regulations promulgated by the Board of Public Works and
Safety, a permit shall be issued following payment of the application fee, as
follows:
(A) For each male dog, or spayed dog, $2.
(B) For each male cat, or spayed cat, $.50
(C) For each unspayed female dog, $10.
(D) For each unspayed female cat, $10.
(E) For each animal of other domestic species, $10.

(F) For each wild animal, $50.
(G) For each kennel or pet shop, covering all animals kept during the
year, $100.
(H) For any zoological garden or animal act, covering all animals kept,
$50.
(I) For each livery or riding stable, covering all horses kept, $150.
(J) For any abbatoir, stockyards, hatchery, livestock, auction, or other

place where livestock or poultry are regularly bred, kept, offered for sale, or
slaughtered for commercial purposes, covering all animals kept during the year,
$l,000.
(K) No fee shall be required of any humane society, veterinary hospital, or

municipal animal control facility.
('67 Code, § 90.04) (Ord. 5-l973, passed 6-18-73)
§ 90.28 TERM OF PERMIT; TRANSFER.
A permit, if not revoked, shall be valid for one year from the date of issue.
A new permit shall be obtained each year by every owner and a new fee paid. If
there is a change in ownership of an animal or facility, the new owner may have
the current license transferred to his name upon payment of $1 transfer fee.
('67 Code, § 90.05) (Ord. 5-l973, passed 6-18-73)
§ 90.29 REVOCATION.
The Chief of Police may revoke any permit if the person holding the permit
refuses or fails to comply with this chapter, the regulations promulgated by the
Board of Public Works and Safety, or any state or local law governing cruelty to
animals or the keeping of animals. Any person whose permit is revoked shall,
within ten days thereafter, humanely dispose of all animals being owned, kept, or
harbored by such person but no part of the permit fee shall be refunded. It shall
be a condition of the issuance of any permit to any owner of animals kept
for commercial purposes that humane officers and police officers shall be
permitted to inspect all animals and the premises where animals are kept at any
time and the Chief of Police shall, if permission for such inspections is refused,
revoke the permit of the refusing owner.
('67 Code, § 90.06) (Ord. 5-l973, passed 6-18-73)
§ 90.30 IDENTIFICATION TAGS.
Upon issuing a permit to keep any dog or cat, the Clerk-Treasurer shall
issue to the owner a durable tag, stamped with an identifying number and with
the year of issuance. Tags should be so designed that they may conveniently be
fastened to the dog's collar or harness. Dogs and cats must wear identification
tags or collars at all times when the animal is off the premises of the owner. The
Clerk-Treasurer shall maintain a record of the identifying numbers and shall
make this record available to the public.
('67 Code, § 90.07) (Ord. 5-l973, passed 6-18-73)
RABIES CONTROL
§ 90.40 DIRECTOR OF PUBLIC HEALTH MAY ORDER QUARANTINE.
Any animal which bites a person shall be quarantined for ten days if
ordered by the Director of Public Health. During quarantine the animal shall be
securely confined and kept from contact with any other animal. At the discretion
of the health and hospital corporation of the consolidated city of Indianapolis, the
quarantine may be on the premises of the owner. If the health and hospital
corporation of the consolidated city of Indianapolis requires other confinement,
the owner shall surrender the animal for the quarantine period to an animal
shelter or shall, at his own expense, place it in a veterinary hospital.
Authority to order quaran tine, see IC 36-8-2-5
Rabies control, see IC 15-2.1-6-1 et seq.
§ 90.41 KILLING RABID ANIMALS.
No police officer or other person shall kill, or cause to be killed, any animal
suspected of being rabid, except after the animal has been placed in quarantine
and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian
diagnoses rabies in an animal in quarantine, then the animal shall be humanely
killed and the head of such animal sent to a laboratory for pathological
examination and confirmation of the diagnosis.
('67 Code, § 90.21) (Ord. 5-l973, passed 6-18-73)
City's authority to destroy animals, see IC 36-8-2-6
STANDARDS FOR COMMERCIAL ENTERPRISES
§ 90.50 PET SHOPS.
(A) All pet shops, as defined in § 90.01 including pet shops run in
conjunction with another holding facility, shall in addition to the other
requirements of this chapter comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for denial of a permit or
revocation of a permit.
(B) Standards:
(1) Water. There shall be available hot water at a minimum

temperature of 160° F. for washing cages and disinfecting, and cold water easily
accessible to all parts of the shop. Fresh water shall be available to all species
at all times. Containers are to be cleaned and disinfected each day. All water
containers shall be mounted so the animal cannot turn them over, and be
removable for cleaning.
(2) Room temperature. The room temperature of the shop shall be

maintained at a level that is healthful for every species of animal kept in the shop.
(3) Cages and enclosures. All cages and enclosures are to be of a
nonporous material for easy cleaning and disinfecting. Each cage must be of
sufficient size that the animal will have room to stand, turn, and stretch out to his
full length.
(4) Feeding. All animals under three months of age are to be fed
at least three times per 24 hours. Food for all animals shall be served in a clean
dish so mounted that the animal cannot readily tip it over or defecate or urinate in
same.
(5) Birds. Each bird must have sufficient room to sit on a perch.
Perches shall be placed horizontal to each other in the same cage. Cages must
be cleaned every day and cages must be disinfected when birds are sold.
Parrots and other large birds shall have separate cages from smaller birds.
(6) Fish. The water temperature shall be maintained at a constant

temperature that is healthful.
(7) There shall be sufficient clean, dry bedding to meet the needs
of each individual animal.
(8) All animals must be fed, watered, and cages cleaned every day,
including Sundays and holidays.
§ 90.51 RIDING SCHOOLS OR STABLES.
(A) All riding schools or stables as defined in § 90.01 shall in addition to
other requirements of this chapter comply with the minimum standards of this
section. Failure to meet these standards shall be grounds for denial of a permit or
(B) Standards:
(1) Feeding. All animals shall be provided with daily food and
water, free from contamination, and such food and water shall be wholesome,
palatable and of sufficient quantity and nutritive value to meet the normal daily
requirements for the condition and size of the animal.
(2) Riding equipment. All equipment used for riding must fit
properly for each individual animal.
(3) Sanitation.
(a) All buildings and sheds used for stabling animals shall
be well lighted and ventilated and provide protection from the weather.
(b) All buildings and sheds used for stabling animals shall
be kept clean and in good repair at all times and manure shall be removed there-
from daily. A manure pile shall not be allowed to stand for a period longer than
one month during the months from October 15 thru April 30 or for four days
during any month from May 1 thru October 14.
(c) Any enclosure where animals are kept shall be graded

and drained so as to keep the surface reasonably dry.
(4) Fly control. Flies must be controlled through general sanitation

and necessary means.
(5) Health of the animals. Animals let for riding purposes must be
in good physical condition.
§ 90.52 TRAINERS OF GUARD DOGS.
(A) All trainers shall, in addition to the other requirements of this chapter,
comply with the standards of this section whenever any dog is or is to be trained
as a guard or sentry dog. Failure to comply with these standards shall be
grounds for denial of a permit or revocation of a permit.
(B) Standards:
(1) Runs must have at least six feet high fences completely
surrounding them to which are to be added anti-climbers or the top must be
completely covered.
(2) All gates and entrances to the runs, kennel, and training area
must be kept locked when not in use.
(3) A perimeter fence at least eight feet high must be installed to

encircle the training and kennel area to which are to be added anti-climbers.
Fences must be maintained escape proof.
(4) A dog in training as a guard or sentry must be confined at all

times to its kennel or run or training area unless he is under leash control of his
handler.
(5) Dog obedience training certificates must be obtained by all

trainers of dogs in training.
§ 90.53 KENNELS.
(A) All kennels, as defined herein, shall in addition to the other
requirements of this chapter comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for denial of a permit or
(B) Standards:
(1) Enclosures must be provided which shall allow adequate

protection against weather extremes. Floors of buildings, runs, and walls shall
be of an impervious material to permit proper cleaning and disinfecting.
(2) Building temperature shall be maintained at a comfortable level.

Adequate ventilation shall be maintained.
(3) Each animal shall have sufficient space to stand up, lie down,
and turn around without touching the sides or top of cages.
(4) Cages are to be of material and construction that permits

cleaning and sanitizing.
(5) Cage floors of concrete, unless radiantly heated, shall have a

resting board or some type of bedding.
(6) Runs shall provide an adequate exercise area and protection

from the weather. Runs shall have an impervious surface.
(7) All animal quarters and runs are to be kept clean, dry, and in a
sanitary condition.
(8) The food shall be free from contamination, wholesome,

palatable, and of sufficient quantity and nutritive to meet the normal daily
requirements for the condition and size of the animal.
(9) All animals shall have fresh water available at all times. Water
vessels shall be mounted or secured in a manner that prevents tipping and be of
the removable type.
VICIOUS ANIMALS
For the purpose of this subchapter, the following definitions shall apply
OWNER. Any person, firm, corporation, organization or department

owning, possessing, harboring or having the care and custody of an animal in the
city.
UNCONFINED VICIOUS ANIMAL. A vicious animal is UNCONFINED if

the animal is not securely confined indoors or confined in a securely enclosed
and locked pen, cage, or structure upon the premises of the owner of the animal.
The pen or structure must have secure sides and a secure top or bottom
attached to the sides and the sides must be imbedded into the ground no less
than one foot if outside and setting on the ground. All such pens or structures
must be adequately lighted and kept in a clean and sanitary condition.
VICIOUS ANIMAL. Means:
(1) Any animal with a known vicious propensity, tendency or

disposition to attack unprovoked, to cause injury to, or otherwise threaten the
safety of human beings or domestic animals; or
(2) Any animal which because of its vicious propensity is capable

of inflicting serious physical harm or death to humans and which would constitute
a danger to human life or property if it were not kept in the manner required by
this subchapter; or
(3) Any animal which, without provocation, attacks or bites, or has

attacked or bitten, a human being or domestic animal; or
(4) Any animal owned or harbored primarily or in part for the

purpose of animal fighting, or any animal trained for animal fighting.
(Ord. 2-1990, passed 2-20-90)
(a) Confinement.
(1) No vicious animal may be kept on a porch, patio, or in any part

of a house or structure that would allow the animal to exit such building of its own
volition. In addition, no such vicious animal may be kept in a house or structure
when the windows are open or when screen windows or screen doors are the
only obstacle preventing the vicious animal from exiting the structure.
(2) The owner of a vicious animal shall not suffer or permit the
animal to go unconfined.
(B) Leash and muzzle. The owner of a vicious animal shall not suffer or
permit the animal to go beyond the premises of the owner unless the animal is
securely muzzled and restrained by a secure cage, chain or leash, and under the
physical restraint of a person. The muzzle shall be made in a manner that will not
cause injury to the animal or interfere with its vision or respiration, but shall
prevent it from biting any human or other animal.
(C) Signs. The owner of a vicious animal shall display in a prominent

place on his or her premises a clearly visible warning sign indicating that there is
a vicious animal on the premises. A similar sign is required to be posted on the
pen or kennel of the animal.
(D) Animal fighting. No person, firm, corporation, organization or
department shall possess harbor or maintain the care or custody of any animal
for the purpose of animal fighting, nor train, torment, badger, bait or use any
animal for the purpose of causing or encouraging the animal to attack human
beings or domestic animals in the city.
(E) Insurance. Owners of vicious animals must within 30 days of the

effective date of this subchapter provide proof to the Clerk-Treasurer of public
liability insurance in the amount of at least $100,000, insuring the owner for any
personal injuries inflicted by his or her vicious animal.
(Ord. 2-1990, passed 2-20-90) Penalty, see § 90.99
§ 90.67 NONCOMPLIANCE.
It shall be unlawful for the owner, keeper or harborer of a vicious animal to
fail to comply with the requirements set forth in this subchapter. Any vicious
animal found to be the subject of a violation of this subchapter shall be subject to
immediate seizure and impoundment.
§ 90.99 PENALTY.
(A) Any person violating any provision of this chapter for which another
penalty is not provided, shall be deemed guilty of a punishable offense and shall
be punished by a fine of not less than $10 nor more than $200. If any violation
be continuing, each day's violation shall be deemed a separate violation. If any
person be found guilty by a court of violating § 90.04, his permit to own, keep,
harbor, or have custody of animals shall be deemed automatically revoked and
no new permit may be issued for a period of one year. ('67 Code, § 90.99) (Ord.
5-l973, passed 6-18-73)
(B) Any persons violating the provisions of § 90.08(C) shall, upon

conviction, be fined any sum not less than $10 nor more than $100 and each day
this violation occurs or continues, shall constitute a separate offense.
(Ord. 14-l979, passed 7-2-79)
(C) Any violation of § 90.09 constitutes a public nuisance and may be

punished by a fine of $25. (Ord. l9-l978, passed 12-18-78)
(D) Whoever violates any provision of §§ 90.65 through 90.67 shall be

subject to a civil penalty is a sum of not more than $2,50. A separate offense
shall be deemed committed on each day during or on which violation occurs or
continues. (Ord. 2-1990, passed 2-20-90)
CHAPTER 91: CABLE COMMUNICATIONS
Section
General Provisions
91.001 Short title

91.002 Definitions
91.003 Grant of authority to franchisee; nonexclusive
91.004 Certain poles to be used; erection thereof
91.005 Installation not to interfere with existing television reception
91.006 Maintenance, operation of attachments
91.007 Installation
91.008 Relocation of facilities
91.009 Tree trimming
91.010 Damages to persons, property; recourse
91.011Insurance
91.012 Unauthorized use of service
91.013 City's police power
91.014 Amendments
91.015 Termination of agreement
91.016 Payments to city by franchisee
91.017 When federal regulations applicable
91.018 Notices
91.019 Complaints
Cablevision Communications Authority
91.025 Authority established

91.026 Composition
91.027 Functions
Construction Standards; Technical Requirements
91.035 Approval of construction

91.036 Operational standards
91.037 Technical requirements
Rates
91.050 Rates to be standard, reasonable

91.051 Monthly rates; installation charges
91.052 Disconnection to be free of charge
91.053 Termination due to delinquency of payment
91.054 Rate schedule; change in rates
91.055 Advance payments permissible
91.056 Subsequent legislation concerning rates to prevail
Sales
91.065 Selling, servicing certain instruments prohibited
Programming Services
91.075 Service to municipal buildings; schools
91.076 Access services
91.077 Payments
91.078 Discriminatory practices prohibited
91.079 Access of services to be open, fair
91.080 Privacy rights to be protected
91.081 Emergency use of facilities
91.082 Emergency alert
Ownership, Operations
91.090 Changes in ownership to be reported

91.091 Petitions, applications, reports, and the like
91.092 Receivership, foreclosure, and the like
91.093 Faithful performance bond; nonwaiver
91.094 Forfeiture of franchise; contravention
91.095 Term of franchise
91.096 Approval of qualifications
91.097 Franchise non-exclusive
Disputes
91.105 City's right of intervention

91.106 Orderly resolution of disputes intended
91.107 Impartial third-person to investigate facts
91.108 Nonenforcement not to constitute estoppel
GENERAL PROVISIONS
§ 91.001 SHORT TITLE.
This chapter shall be known as the Chapter for Regulation and Granting of
Cable Communications Franchises (Community Antenna Television Systems).
(Ord. 2-1976, passed 8-2-76; Am. Ord. 3-1993, passed 4-19-93)
ACCESS CHANNEL. Those channels which, by means of this chapter or

the franchise agreement, are required to be kept available by the franchisee for
partial or total dedication to public access, educational access, local government
access, or leased channels.
AUTHORITY. The City Communications Authority provided for in this

chapter.
CABLE COMMUNICATION SYSTEM, CABLE SYSTEM, CATV, SYSTEM,

or COMMUNITY ANTENNA TELEVISION SYSTEM. A system of coaxial cables,
wave guides, or other electrical conductors and equipment used or to be used to
originate or receive television or radio signals directly or indirectly off the air and
to transmit them via cable to subscribers for a fixed or variable fee, including the
origination, receipt, transmission, and distribution of voices, sound signals,
pictures, visual images, digital signals, telemetry, or any other type of closed
circuit transmission by means of electrical impulses, whether or not directed to
originating signals or receiving signals off the air.
CHANNEL. A band of frequencies in the electromagnetic spectrum, which

is capable of carrying either one video signal, several audio signals, numerous
digital signals, or some combination of such signals.
CITY. The city, and all the territory within its presently existing or future
territorial corporate limits. When appropriate, the term CITY shall refer to it as a
corporate entity and also include its officers, employees, and duly authorized
representatives.
COMPANY. The grantee of rights under this franchise agreement.
CONVERTER. Any electrical device which converts signal carriers from

one frequency to another.
COUNCIL or COUNCILMEN. The Common Council of the city.
FRANCHISE. Includes both the franchise granted pursuant to this chapter

and the franchise agreement entered into between the city and franchises by
virtue of this chapter and all rights, powers, and privileges thereunder.
FRANCHISE AGREEMENT. That separate agreement by which the

franchise is granted to the franchisee as required by this chapter and by which
the franchisee accepts the terms hereafter executed in writing.
FRANCHISEE. All persons, natural or corporate, or any other entity

having any rights, powers, privileges, duties, liabilities, or obligations under this
chapter and the franchise granted herein (herein collectively called the franchise)
and also all persons having or claiming any power or interest in or to the system,
whether by reason of the franchise itself or any subcontract, transfer assignment,
mortgage, pledge, hypothecation, security agreement, management agreement,
or operating agreement, or otherwise arising or created.
GROSS SUBSCRIBER REVENUES.
(1) From and after April 1, 1981, (except during any period that
more than one community antenna television system is licensed by the city), any
and all compensation received by the company from its subscribers in the city,
including the basic monthly service charges, charges for pay or premium
services, and installation fees and charges, excluding, however, all taxes on
services furnished by the company imposed on subscribers by any city, county,
state, or other governmental unit, and collected by the company for such entity.
(2) During all periods prior to April 1, 1981, and during all periods
during which more than one community antenna television system is licensed by
the city, the total compensation received by the company from its subscribers in
the city as basic monthly service charges, excluding charges for pay or premium
services, installation fees and charges, and taxes as described above.
MAYOR. The duly elected and qualified Mayor of the city.
NON-EXCLUSIVE FRANCHISE. The city specifically reserves the right to

grant, at any time, such additional permits or franchises for additional cable
communication systems as it deems to be appropriate.
PERSON. Any person, firm, partnership, association, corporation, or

organization of any kind.
PUBLIC AGENCY. An agency which is supported wholly or substantially

by public funds.
STREETS AND PUBLIC WAYS. The surface of and the space above and
below any public street, sidewalk, alley, or other public way of any type
whatsoever now or hereafter existing as such within the city.
SUBSCRIBER. Any person or organization whose premises are

physically wired to receive any transmission from the system, and who pays a
fee for such service.
SUBSCRIBER SERVICE DROP. Such extension wiring from the

franchisee's distribution lines to a subscriber's building.
TELEVISION. A system for transmission of audio signals and visual

images by means of electrical impulses.
USER. A person utilizing a system channel as a producer, for purposes of

production or transmission of material, or as a subscriber, for purposes of receipt
of material.
(Ord. 2-1976, passed 8-2-76; Am. Ord.
12-1981, passed 8-17-81; Am. Ord. 3-1993, passed 4-19-93)
§ 91.003 GRANT OF AUTHORITY TO FRANCHISEE; NONEXCLUSIVE.
In consideration of the faithful performance and observance of the
conditions and reservations herein specified, the right is hereby given by the city
to any cable company approved pursuant to this chapter, hereinafter referred to
as the company, to erect, maintain, and operate a community antenna television
system for the interception, sale, distribution of television and radio signals from
the company's antenna or studios to its subscribers' premises all in accordance
with the laws and regulations of the United States of America, the state, and the
ordinances and regulations of the city, and for this purpose the company shall
have the right to erect, maintain, and operate its equipment in, upon, along,
across, above, over, and under the streets, alleys, public ways, and public places
now laid out or dedicated, and all extensions thereof and additions thereto in the
city.
(Ord. 2-1976, passed 8-2-76; Am. Ord. 12-1981, passed 8-17-81; Am. Ord. 24-
1982, passed 12-20-82; Am. Ord. 3-1993, passed 4-19-93)
§ 91.004 CERTAIN POLES TO BE USED; ERECTION THEREOF.
(A) The poles used for the distribution system of the company shall be
those erected and maintained by the Indiana Bell Telephone Company and
Indianapolis Power and Light Company. Where the use of poles owned by the
Indiana Bell Telephone Company or the Indianapolis Power and Light Company
is not practicable or mutually satisfactory and rental agreements cannot be
entered into with those companies, the company shall have the right to erect and
maintain its own poles, as may be necessary for the proper construction and
maintenance of the television distribution system; provided, however, the
company shall obtain prior approval from the city as to the necessity for and
location of any new poles to be erected. However, nothing in this division shall
preclude the company from contracting with the city or other utility now having
pole lines in the city to provide and maintain the transmission system of the
company, excepting that in any area serviced by underground telephone and
power lines, the television lines shall also be placed underground. The
franchisee shall pay such part of the cost of improvement or maintenance of
streets, alleys, bridges, and public places as shall arise from its use thereof and
shall protect and save the city harmless from all damages arising from such use.
The franchisee may be required by the city to permit joint use of its property and
appurtenances located in the streets, alleys, and public places of the city, by the
city and other utilities insofar as such joint use may be reasonably practicable
and upon payment of reasonable rental therefor.
(B) The company's transmission and distribution system poles, and the
wires and appurtenances thereon shall be located, erected, and maintained so
as not to endanger or interfere with the lives of persons, or interfere with new
improvements the city may deem proper to make, or to unnecessarily hinder or
obstruct the free use of streets, alleys, bridges, or other public property.
Removal of poles or rearrangement of its facilities to avoid such interference
shall be at the company's expense.
(C) (l) Nothing herein contained shall be construed as affecting the right
or privileges previously conferred by the city, by contract or otherwise, to others,
not parties to this agreement, to use any poles or space reserved for the city's
use on poles belonging to others, covered by this agreement; and the city shall
have the right to continue and extend such rights or privileges. The attachment
privileges herein granted shall at all times be subject to such contracts and
arrangements.
(2) No use under this agreement however extended, of the city's

poles or of space reserved for the city's use on poles belonging to others shall
create or vest in the company ownership or property rights in the poles, but the
company's rights therein shall be and remain a mere license. Nothing contained
herein shall be construed to compel the city to maintain any of the poles.
§ 91.005 INSTALLATION NOT TO INTERFERE WITH EXISTING TELEVISION
RECEPTION.
(A) Installation shall be maintained in such a manner to avoid interference
in any manner with the TV reception already in existence in the areas served by
the company.
(B) The distribution system shall be installed, operated, and maintained in

such a manner that no interference will be caused to the reception of signals
transmitted by any communications service authorized by any federal agency.
§ 91.006 MAINTENANCE, OPERATION OF ATTACHMENTS.
(A) The company shall, at its own expense, make and maintain its
attachments in safe condition and in good repair, and in a manner suitable to the
city and so as not to conflict with use of poles.
(B) In the maintenance and operation of its television distribution

system in the streets, alleys, and other public places, and in the course of any
new construction or additions to its facilities, the company shall proceed so as to
cause the least possible inconvenience to the general public. Any streets, alleys,
sidewalks, or other public places disturbed or damaged in the construction or
maintenance of the system shall be promptly repaired to the satisfaction of the
city and by and at the expense of the company.
§ 91.007 INSTALLATION.
The grantee will proceed as follows pursuant to Federal Communications
Commission's regulations:
(A) Apply for all necessary grants or waivers within 90 days of issuance of
franchise.
(B) Apply for pole attachment agreements with the appropriate companies
within 30 days after issuance of franchise.
(C) Submit to the city detailed system layout plans within six months after
obtaining necessary pole attachment agreements.
(D) Begin construction within 30 days after written approval by the city on
system layout plans and receipt of a certificate of compliance from the Federal
Communications Commission (FCC).
(E) Render service to customers in the first section no later than six
months after commencement of construction, as defined in division (D) above.
(F) Render service to all feasible areas within the city within 24 months
after commencement of construction, as defined in division (D) above.
§ 91.008 RELOCATION OF FACILITIES.
In the event that at any time during the period of this agreement, the city
shall elect to alter or change the grade of any streets, alleys, or other public
ways, the company, upon reasonable written notice by the city shall remove,
release, and relocate its poles, wires, cables and underground conduits,
manholes, and other fixtures at its own expense. Should the poles moved be the
property of the holder of any public franchise within the city, the company shall
move its cables and appurtenances attached to the poles at its own expense,
with the public franchise holder moving the poles at its own expense.
§ 91.009 TREE TRIMMING.
The company shall have the authority and is required to trim trees upon
and overhanging streets, alleys, sidewalks, and public places of the city to
prevent the branches of such trees from coming in contact with the wires, cables,
and distribution system components of the company, at the sole expense of the
company.
§ 91.010 DAMAGES TO PERSONS, PROPERTY; RECOURSE.
(A) Damages.
(1) The company shall exercise special precaution to avoid

damage to facilities of the city and of any third party supported on the poles; and
hereby assumes all responsibility for and agrees to indemnify the city from and
against any and all loss or damage, or claims therefor, resulting from the
attachment to such poles of the company's facilities and from any and all acts or
omissions of the company in connection therewith except when the city or any
third party is negligent which results in damage to the company's facilities. The
company agrees to pay the cost incurred in making repairs to such facilities of
the city or others. The city or others will pay to the company all costs incurred in
making repairs to the company's facilities when the city or third parties are
negligent when damage occurs to the company's facilities.
(2) Any damage caused to the property of building owners or

users, or any other person by the franchisee's negligence shall be repaired fully
by the franchisee at the franchisee's sole expense.
(B) Safety requirements. The franchisee shall at all times employ
ordinary care and shall install and maintain in use commonly accepted methods
and devises for preventing failures and accidents which are likely to cause
damage, injury, or nuisance to the public.
(C) No recourse against city. The franchisee shall have no recourse

whatsoever against the authority or the city or their officers, boards,
commissions, agents, or employees acting in their official capacity for any loss,
cost, expense, or damage arising out of any provisions or requirements of this
franchise or because of its enforcement.
§ 91.011 INSURANCE.
The company shall indemnify, protect, and save harmless the city from
and against losses and physical damage to property, and bodily injury or death to
persons, including payments made under any workmen's compensation law,
which may arise out of or be caused by the erection, maintenance, presence,
use, or removal of all CATV equipment of any kind or nature whatsoever within
the city, or by any act of the company, its agents or employees, or in any way
arising out of the granting of this franchise. The company shall carry insurance
to protect itself and the city from and against all claims, demands, actions,
judgements, costs, expenses, and liabilities which may arise or result, directly or
indirectly from or by reason of such loss, injury, or damage. Such insurance
policy shall specifically provide that the city shall be a named insured. The
amounts of such insurance against liability due to physical damage to property
shall be not less than $1,000,000 aggregate in any single policy year; and
against liability due to bodily injury or death of persons, not less than $1,000,000
as to any one person, and not less than $1,000,000 as to all such claims arising
from any one accident. The company shall also carry such insurance as it
deems necessary to protect it and the city from all claims under the workmen's
compensation laws in effect that may be applicable to the company. All
insurance required by this agreement shall be and remain in full force and effect
for the entire period of this agreement. The policies of insurance, or a certified
copy or copies thereof, shall be mutually approved by the City Attorney and the
company and shall be deposited with and kept on file by the City Clerk-Treasurer.
§ 91.012 UNAUTHORIZED USE OF SERVICE.
(A) Persons receiving CATV service may not alter, extend, or otherwise
tamper with the company's facilities to serve more equipment than being
contracted for.
(B) Cable tapping prohibited. Neither the franchisee nor any other person,
agency, or entity shall tap or arrange for the tapping of any cable, line, signal
input device, or subscriber outlet or receiver for any purpose whatsoever.
(C) Cable monitoring prohibited. Neither the franchisee, nor any other
person, agency, or entity shall monitor or arrange for the monitoring of any cable,
line, signal input device, or subscriber outlet or receiver for any purpose
whatsoever, without the specific written authorization of the subscriber and the
authority. The authority shall not grant such authorization without having a public
hearing on the subject which shall be announced by written notice in a
newspaper of general circulation at least ten days before the date of the
hearing.
§ 91.013 CITY'S POLICE POWER.
The company shall at all times during the life of this permit be subject to all
lawful exercise of the police power of the city and to such reasonable regulation
as the city shall hereafter by resolution or ordinance provide.
§ 91.014 AMENDMENTS.
(A) The Common Council may amend this ordinance or the franchise in
order to comply with modifications to the provisions of Subpart C, Section 76.31
of the Rules and Regulations of the Federal Communications Commission; and it
is agreed that any such modifications shall be incorporated into the franchise
within one year of adoption of the modification, or at the time of franchise
renewal, whichever occurs first.
(B) In the event that applicable technical rules of the Federal

Communications Commission are amended, it is agreed between the parties that
this franchise or agreement shall be modified within one year after such FCC
amendments to conform thereto.
§ 91.015 TERMINATION OF AGREEMENT.
Upon termination of the agreement, the company shall remove its cables,
wires, and its equipment from all poles of the city and all space reserved for the
city's use on poles belonging to others. If not so removed, the city shall have the
right to remove or have its contractor remove them at the risk, cost, and expense
of the company and without any liability therefor.
§ 91.016 PAYMENTS TO CITY BY FRANCHISEE.
The payments provided for in this agreement to be made to the city are in
payment by the company to the city for the use of the streets and alleys, and
additional supervision, maintenance, inspection, regulation, burdens, and costs
to the city occasioned by reason of the granting of the rights hereunder.
§ 91.017 WHEN FEDERAL REGULATIONS APPLICABLE.
In the event of conflict between any provisions of this franchise and
applicable federal regulations, the latter shall prevail.
§ 91.018 NOTICES.
Notices under this agreement, except as otherwise indicated, shall be
addressed to the company by addressing the same to its registered firm name
and such address as may hereafter be certified to the City Clerk-Treasurer by the
company.
1993, passed 4-19-93)
§ 91.019 COMPLAINTS.
The company shall give to each subscriber at the time of initial
subscription to the community antenna television system a notice specifying the
procedures that the subscriber shall use to report and that the company shall use
to resolve any complaints that the subscriber may have regarding the company's
cable television operation.
CABLEVISION COMMUNICATIONS AUTHORITY
§ 91.025 AUTHORITY ESTABLISHED.
There is established the City Cablevision Authority by reaffirmation of this
chapter as amended by Ords. 14-1977 and 19-1982.
1993, passed 4-19-93)
§ 91.026 COMPOSITION.
The authority shall consist of five residents of the city appointed by the
Mayor and approved by the Common Council. Each member shall serve a term
of five years; provided, that appointments to the first authority shall be for one,
two, three, four, and five year terms, respectively. Any vacancy in the office shall
be filled by appointment of the Mayor and approval of the Common Council for
the remainder of the term. No employee or person with any ownership interest in
any cable television franchise granted pursuant to this chapter shall be eligible
for membership on the authority nor shall any person whose occupation or
ownership creates a conflict of interest. The Mayor, or his authorized
representatives, may serve as an ex officio nonvoting member of the authority.
The authority shall select from among its number a chairman who shall preside
over the meetings. The term of the chairman shall be for two years and no
member shall succeed himself in the position of chairman.
§ 91.027 FUNCTIONS.
The authority, in addition to functions provided elsewhere in this chapter,
shall have the following functions and powers, the expenses of which are to be
paid for, as far as possible, from the revenue obtained under § 91.026:
(A) Advise the Common Council on revision of the franchise agreement.
(B) Advise the Common Council on matters which might constitute

grounds for revocation of the franchise in accordance with this chapter and the
franchise agreement.
(C) Resolve disagreements among franchisee and public and private

users of the system; such decisions of the authority shall be appealable to the
Common Council.
(D) Advise the Common Council on regulation of rates in accordance with
this chapter.
(E) Coordinate the franchisee's consulting service to facilitate

government, educational, community groups, and individual use of the public
channels.
(F) Determine general policies relating to the services provided

subscribers in the operation and use of the access channels, with the view of
maximizing the diversity of programs and services to subscribers. The use of
access channels shall be allocated on a first-come-first-served basis, subject to
limitations on monopolization of system time or prime times.
(G) Encourage use of access channels along the widest range of

institutions, groups, or individuals within the city.
(H) Submit an annual report to the Common Council, including, but not
limited to, the total number of hours of utilization of access channels, a review of
any plans submitted during the year by franchisee for the development of new
services and hourly subtotals for various programming categories. The annual
report shall also include relevant information concerning educational uses; public
access for local programming under public control; local government access; pay
TV, and channel leasing.
(I) Cooperate with other systems in overseeing interconnection of

systems.
(J) Maintain a knowledge of current developments in the cable

communications by subscribing to trade publications and attending cable
communications seminars and meetings.
(K) Submit a budget request to the Common Council to cover the

expenses incurred in respect of performance of functions provided by this
chapter. This request may include funds to be used for the development of the
use of access channels, including production grants to users and the purchase
and maintenance of equipment not required to be provided by franchisee, and
funds to be used as per diem expenses and such salaries for the member as
may be permitted and prescribed from time to time by separate ordinance.
(L) Audit all franchise records required by this chapter and, in the
authority's discretion, request the preparation and filing of information additional
to that required herein.
(M) Conduct a detailed evaluation of the system at least every three

years.
(N) Employ, as necessary, services of a technical, accounting, legal, and
administrative nature.
(O) Act on behalf or as the designee of the Common Council for purposes
of proposing regulations and arbitration procedures as deemed necessary by the
Common Council or to provide any other services to the Commmon Council that
may be reasonably required by the Common Council under the authority of this
chapter.
CONSTRUCTION STANDARDS; TECHNICAL REQUIREMENTS
§ 91.035 APPROVAL OF CONSTRUCTION.
Wherever in this agreement provision is made for approval of the
company's construction or facilities, such approval shall be given by the person
designated by the Board of Public Works and Safety of the city or the authority.
§ 91.036 OPERATIONAL STANDARDS.
Technical standards for the operation of the system shall, in addition to
meeting the requirements specified in this chapter, conform to all further
requirements specified in the franchise agreement which is to be in conformance
with the request for proposals, and any other standards or codes therefor as may
be adopted by the Federal Communications Commission.
§ 91.037 TECHNICAL REQUIREMENTS.
(A) All of the franchisee's plant and equipment, including but not limited
to, the antenna site, head end, and distribution system towers, house
connections, structures, poles, wire, cable, coaxial cable, fixtures and
appurtenances shall be installed, located, erected, constructed, reconstructed,
replaced, removed, repaired and maintained and operated in accordance with
good engineering practices, performed by experienced pole line construction
crews and so as not to endanger or interfere with the safety of any persons or
property or to interfere with improvements the municipality may deem proper to
make, or to interfere in any manner with the rights of any property owner, or to
unnecessarily hinder or obstruct pedestrian or vehicular traffic on municipal
properties.
(B) All of the franchisee's system, including all plant and equipment and
all construction shall meet all relevant Federal Communications
Commission's specifications applicable to cable television, as well as all state,
federal, and municipal laws, ordinances, and statutes applicable to cable
television.
(1) Methods of construction, installation, and maintenance of the

city's cable television system shall comply with the National Electrical Safety
Code, National Bureau of Standards Handbook 81 (part 2), National Bureau of
Standards, United States Department of Commerce, November 1,1961, or any
update thereof, to the extent that such Code is consistent with local law affecting
the construction, installation, maintenance of electric supply and communications
lines. To the extent that such Code is inconsistent with other provisions of this
franchise or with local law, the latter shall govern.
(2) Any tower constructed for use in the city's cable television
system shall comply with the standards contained in Structure Standards for
Steel Antenna Towers and Antenna Supporting Structures, FIA Standards RS-
222-A as published by the Engineering Department of the Electronic Industries
Association, 2001 E. Street, N.W., Washington, D.C. 20006.
(3) Installation and physical dimensions of any tower

constructed for use in the city's cable television system shall comply with all
appropriate Federal Aviation Agency regulations, including, but not limited to,
Objectives Affecting Navigable Airspace, 14 C.R.R. 77.1 et seq., February, 1965.
(4) Any antenna structure used in the city's cable television

system shall comply with Construction, Marketing and Lighting of Antenna
Structure, 47 C.F.R. 17.1 et seq., September, 1967.
(5) All working facilities and conditions used during construction,

installation and maintenance of the city's cable television system shall comply
with the standards of the Occupational Safety and Health Administration, both
State and Federal.
(6) Each cable distribution system in the public streets shall

comply with all applicable laws and ordinances and governmental regulations
regarding clearance above ground.
(7) Each cable distribution system required to go in or under the

public rights-of-way including, without limitation, streets, sidewalks, alleys and
easements, shall comply with all applicable laws, ordinances and governmental
regulations.
(8) The franchisee shall conduct on-site signal survey to

determine optimum selection of tower and antenna locations and shall provide
the results and information therefrom to the city.
(9) The franchisee shall comply fully with the rules and
regulations contained and promulgated within this ordinance. Where conflict
occurs between the provisions herein contained and those of Federal
Communications Commission, the Federal Communications Commission's rules
and regulations shall apply to said franchisee.
(10) The cable system shall meet all performance criteria contained
in the Rules and Regulations of the Federal Communications Commission:
Subpart K, Technical Standards; Section 76.605.
(11) Where there have been similar complaints made, or where

there exists other evidence, which in the judgment of the city, casts doubt on the
reliability or quality of cable service, the city shall have the right and authority to
compel the franchisee to test, analyze and report on the performance of the
system. Such test or tests shall be made, and the reports of such test or tests
shall be delivered to the city no later than 30 days after the city formally notifies
the franchisee. The city's right under this provision shall be limited to requiring
tests, analyses, and reports covering specific subjects and characteristics based
on said complaints or other evidence when and under such circumstances as the
city has reasonable grounds to believe that the complaints or other evidence
require that tests be performed to protect the public against substandard cable
service. Said tests and analyses shall be supervised by a registered professional
engineer, not on the permanent staff of the franchisee, and selected jointly by the
city and the franchisee. The aforesaid engineer shall sign all records of special
tests and forward to the city such records with a report interpreting the results of
the test and recommending actions to be taken by the city.
(12) Should any of the following occur, the franchisee must notify
the city with particulars:
(a) Addition to, deletion of, or change in received

channel;
(b) Addition to, deletion of, or change in distributed

channel or in channel conversion;
(c) Change in location of head end or antenna sites;
(d) Addition to or change in location of centers for

origination of programs, and the installation of bi-directional facilities or additional
lines to make connection to the head end;
(e) Interconnection with other cable systems.
(13) The signal to echo ration of the transportation system for

locally receivable signals should be at least 40 dB for echo(es) that are displaced
by one microsecond or more. In the event that a system maintaining the
aforesaid picture quality standard is not feasible, a full explanation for the reason
for the failure to meet the aforesaid standards must be filed with the franchisee's
bid application and also filed again with the Authority to the date of commencing
construction. The aforesaid explanation must also give alternatives that the
franchisee shall propose in order to insure that his proposed system will not
permit echoes, ghosting, double images or similar signal problems. Written
approval of the city must be received in order for the franchisee to construct a
system which does not maintain a signal to echo(es) ratio for locally receivable
signals at 40 dB for echo(es) that are displaced by one microsecond or more.
(C) Any opening or obstructions in or disturbances of the streets, public

ways, or other municipal properties made by the franchisee in the exercise of its
rights under a franchise agreement shall be done in compliance with all
applicable ordinances of the city and shall be approved in advance by the City
Engineer. Further, the city shall require the franchisee to install all the cable
system underground in the city where other public utilities have been or will be
installed underground; provided such underground installation shall not be
required prior to the time utilities go underground.
(D) The franchisee shall upon 15 days prior written notice at its
expense, protect, support, temporarily disconnect, relocate in the same street or
other public or municipal property any property of the franchisee when required
by the Authority or the Mayor, or his designee by reason of traffic conditions,
public safety, street vacation, freeway and street construction, change or
establishment or street grade, installation of sewers, drains or water pipes, power
lines, signal lines or tracks or any other types of structures or improvements by
public agencies.
(E) The franchisee shall, on request of any private party holding an

appropriate permit issued by the city, temporarily raise or lower its lines to permit
the moving of vehicles, building or other structure, and the actual expense of
same shall be paid, in advance, by the party requesting the same.
(F) Upon failure of the franchisee to commence, pursue or complete

any work required by law or by the provisions of this franchise to be done in any
street or other public place or municipal property, within the time prescribed, and
to the satisfaction of the Authority or the Mayor or his designee, the city may, at
its option, cause such work to be done and the franchisee shall pay the city the
cost thereof in the itemized amount reported by the city to the franchisee, within
thirty days after receipt of such itemized report.
(G) Prior to the franchisee's commencing to attach wire, cable, coaxial

cable, or other fixtures and appurtenances to poles or towers located within the
city, it shall execute license agreements or pole attachments with the appropriate
utility and each such license agreement for pole attachments must provide a hold
harmless and indemnity clause to the city.
(H) All installation of equipment shall be of a permanent nature,

durable, and installed in accordance with good engineering practice. The
company's service drops shall be installed in a neat and workmanlike manner
including the house attachments so as to preserve the best overall appearance
of power, telephone and TV drops through the air and attached to the buildings.
TV service drops are to be installed where practicable from the cable away from
a pole so as to preserve climbing space on the pole.
(I) In the event a customer discontinues community antenna television

service and requests removal of the company's service drop, such removal shall
be accomplished in a neat and workmanlike manner at the company's expense.
(J) The company shall grant to the city, free of expense, joint use of
any and all poles owned by it for any proper municipal purpose acceptable to the
company, insofar as it may be done without interfering with the free use and
enjoyment of the company's own wires and fixtures, and the city shall hold the
company harmless from all and any actions, causes of action, or damage caused
by replacing of the city's wires or appurtenances upon poles of the company.
Proper regard shall be given to all existing safety rules gathering construction
and maintenance in effect at the time of construction.
(Ord. 3-1993, passed 4-19-93)
RATES
§ 91.050 RATES TO BE STANDARD, REASONABLE.
The company agrees that all rates charged to subscribers to its service
shall be standard, uniform, and reasonable. A copy of the company's schedule of
charges for installation and furnishing of service shall be filed with the City Clerk-
Treasurer not less than 60 days prior to the effective date of such charges.
§ 91.051 MONTHLY RATES; INSTALLATION CHARGES.
(A) The monthly service rate charged to a subscriber shall not exceed
$8.95 per month for a first outlet, plus an additional $2 per month for each
additional outlet.
(B) The initial installation charges, or the installation charges for services
reconnected after having been previously furnished and then disconnected, shall
not exceed $24.75 aerial and $32 where underground facilities prevail, before the
first installation or reconnection and $10 for each additional outlet if connected at
the time of the original installation. However, installation charges for subscriber
distribution systems of more than three outlets, aerial connections exceeding 200
feet and underground connections from aerial feeder or trunk lines shall be
charged at the fair market value of the work.
(C) Installment of additional outlets which are installed after the original
installation or after installation where service is reconnected after having been
previously furnished and then disconnected shall not exceed the rate of $10 per
installation, relocation, or reconnection. In like circumstances there shall be an
installation fee of $10 for FM service.
(Ord. 2-1976, passed 8-2-76; Am Ord. 4-1978, passed 5-15-78; Am. Ord. 19-
§ 91.052 DISCONNECTION TO BE FREE OF CHARGE.
(A) Disconnection shall be free of charge at the company's expense and
shall be carried out with immediate dispatch upon request of the subscriber.
(B) There shall be no charge for disconnection of any of the

aforementioned installations or connections. If a subscriber has failed to pay a
properly due monthly subscriber fee, 30 days after the due date of the fee, the
franchisee may cause disconnection of the subscriber's cable installation,
however, upon payment in full of the delinquent monthly subscriber fee,
franchisee shall promptly reinstate subscriber's cable service
(Ord. 2-1976, passed 8-2-76)
§ 91.053 TERMINATION DUE TO DELINQUENCY OF PAYMENT.
Termination of service due to a subscriber's delinquency in payment for
that service shall be at the option of the company.
(Ord. 2-1976, passed 8-2-76)
§ 91.054 RATE SCHEDULE; CHANGE IN RATES.
(A) Commercial customer charges shall be charged for service based on
the following rate schedule: First 1 to 20 units at $5.50 per unit; next 21 to 50
units at $4.50 per unit; next 51 and over units at $3.50 per unit. All normal
installations will be charged the regular installation charges and installation
charges for internal distribution systems shall be charged at the fair market value
of the installation.
(B) The residential monthly service rate as hereinafter provided for shall
be in effect upon the signing of the agreement, and shall continue thereafter
provided. However, the company reserves the right to increase this monthly rate
in the following manner and procedure, namely: The company shall notify the
city in writing by registered mail of the proposed rate change in the single outlet
monthly rate. Within 21 days of the receipt of the registered letter by the city, the
city shall arrange a meeting between the company and the city to discuss the
proposed rate change. If the city does not agree with the company regarding the
rate change within 15 days of the first meeting with the company, then the Board
of Arbitrators should be selected. The Board of Arbitrators shall be composed of
five members, two to be selected by the company, two to be selected by the city,
and the fifth to be selected by the four aforementioned representatives on the
Board of Arbitrators. The Board of Arbitrators are to render a decision for or
against the rate change after public hearing to be held 15 days from the date of
their appointment to the Board. The public hearing shall be advertised one time
in two newspapers generally circulated in the city, and by posting notice, all at
least ten days prior to such hearing. Any decision made by such Board of
Arbitrators shall be in writing within ten days from the date of such public hearing,
and a copy thereof, duly authenticated, shall be delivered on the day the decision
is rendered to each the company and the city, and shall be binding upon all
parties concerned.
(C) The company shall be responsible to pay any fees incurred by the
Board of Arbitrators, including reasonable fee for services provided by the Board.
1982, passed 2-7-83)
§ 91.055 ADVANCE PAYMENTS PERMISSIBLE.
The franchisee shall be permitted to require advance payment for
installation fees and for one month's advance subscriber fee. The franchisee has
the right if necessary to supply converters to subscribers and be permitted to
charge a reasonable deposit and maintenance fee for the converters. The
franchisee shall require no further deposit, advance payment or penalty from any
subscriber or potential subscriber without prior approval of the authority.
§ 91.056 SUBSEQUENT LEGISLATION CONCERNING RATES TO PREVAIL.
If, in the future, the state or the United States of America or any regulatory
agency thereof regulates the rates of the franchisee for the services provided for
in the franchise, this subchapter shall be of no effect during such regulation to the
extent of any conflict therewith.
SALES
§ 91.065 SELLING, SERVICING CERTAIN INSTRUMENTS PROHIBITED.
Neither the company nor any of its officers or employees shall engage in
the business of selling or repairing television sets or other electronic instruments
other than those owned by the company. This section shall not be construed to
restrict the company from connecting their distribution system to television sets
or other electronic instruments.
PROGRAMMING SERVICES
§ 91.075 SERVICE TO MUNICIPAL BUILDINGS; SCHOOLS.
(A) The company agrees to and shall furnish without installation charge or
monthly service fee, two connections to the City Hall, and one connection to all
fire houses and police stations and other municipal buildings as designated by
the Common Council and to all public and parochial (non-profit) elementary,
secondary, and college level schools located within the city including Indiana
Central College.
1993, passed 4-19-93)
(B)(1)The School City and the City Cable Television Commission

(Cablevision Authority) shall jointly employ a manager and executive director to
manage and control their cable television facilities and programs.
(2) The manager and executive director shall be employed by the

School City and receive all fringe benefits afforded to employees of the School
City.
(3) The City through its Cable Television Commission shall

reimburse the School City for 40% of the person's salary and Social Security
contributions made in his behalf.
(4) Reimbursement by the city shall be quarterly and shall begin on
October 1, 1983.
(5) The Administrator of the School City and the Cable Television
Commission shall agree as to time and duty allocations as well as developing
controls and regulations for the joint programs or facilities, if any. (Res. 9,
passed 8-15-83)
§ 91.076 ACCESS SERVICES.
The company shall furnish and maintain access services on the
community antenna television system consistent with and to the full extent
required by Sections 76.254, 76.256 and 76.258 of the Rules and Regulations of
the Federal Communications Commission.
1993, passed 4-19-93)
§ 91.077 PAYMENTS.
(A) The company shall pay to the city, for and in consideration of the right
and privilege to conduct CATV operations pursuant to this franchise agreement,
an annual franchise fee in an amount equal to 5% of its annual gross subscriber
revenues received by it from operations conducted within the city.
(B) Payments due the city under the terms of this chapter shall be
computed quarterly as of March 31, June 30, September 30, and December 31
for the preceding quarter and shall be paid on or before the thirtieth calendar day
from each computation date at the office of the Clerk-Treasurer during his regular
business hours. The city and the authority shall be furnished a statement with
each payment, certified as correct by the franchisee, reflecting the total amount
of gross subscriber revenues, for the three months' payment period covered by
the payment.
(C) No acceptance of any payment shall be construed as a release or as

an accord and satisfaction of any claim the city may have for further or additional
sums payable as a franchise fee under this chapter or for the performance of any
other obligation hereunder.
(D) Failure to pay any fees required by this section shall result in an
automatic suspension of the franchise granted, and reinstatement thereof may be
had only upon resolution by the Common Council and payment of the delinquent
fee or fees plus any reasonable interest or any penalties that may be required.
1993, passed 4-19-93)
§ 91.078 DISCRIMINATORY PRACTICES PROHIBITED.
(A) The franchisee shall not, unless expressly authorized by the
provisions of this chapter, in its rates or charges, or in making available the
service or facilities of its system, or in its rules or regulations, or in any other
respect, make or grant preferences or advantages to any subscriber or potential
subscriber to the system or to any user or potential user of the system; and shall
not subject any such persons to any prejudicial or disadvantage. This provision
shall not be deemed to prohibit the establishment of a graduated scale of
charges and classified rate schedules to which any customer coming within such
classification shall be entitled.
(B) The franchisee shall not deny service, deny access, or otherwise
discriminate against subscribers, programmers, or general citizens on the basis
of race, color, religion, national origin, or sex. The franchisee shall strictly adhere
to the equal employment opportunity requirements of the FCC, as expressed in
Sections 76.13(a) and (8) and 86.311 of Chapter 1 of Title 47 of the Code of
Federal Regulations. The franchisee shall comply with all other applicable
Federal, State, County and City laws and all executive and administrative orders
relating to nondiscrimination at all times.
§ 91.079 ACCESS OF SERVICES TO BE OPEN, FAIR.
The entire system of the franchisee shall be operated in a manner
consistent with the principal of fairness and equal accessibility of its facilities,
equipment, channels, studios, and other services to all citizens, businesses,
public agencies, or other entities having a legitimate use for the system; and no
one shall abitrarily be excluded from its use. Allocation of the use of the facilities
shall be made according to the rules or decisions of regulatory agencies affecting
the same, and where such rules or decisions are not effective to resolve a
dispute between conflictive users or potential users, the matter shall be
submitted for resolution by the authority.
§ 91.080 PRIVACY RIGHTS TO BE PROTECTED.
(A) The franchisee and the authority shall maintain constant diligence with
regard to possible abuses of the right of privacy or other human rights of any
subscriber, programmer, or general citizen resulting from any device or signal
associated with the cable communications system. The possibility of such abuse
shall be discussed at every scheduled renegotiation session.
(B) The franchisee shall not sell or otherwise make available lists of the
names and addresses of any of its subscribers, or any lists which identify by
name, address, subscriber viewing habits to any person, agency, or entity.
§ 91.081 EMERGENCY USE OF FACILITIES.
The franchisee shall, in the case of any emergency or disaster, make the
entire system available without charge to the city or to any other governmental or
civil defense agency that the city shall designate. The city will pay for all needed
equipment to pre-empt the entire system for emergency or disaster purposes.
§ 91.082 EMERGENCY ALERT.
The system shall be engineered to provide for an audio and video alert
system to allow authorized city officials to automatically override the audio and
video signal on all channels and transmit and report emergency information. In
the event of any such use by the city, the city will hold harmless and indemnify
the franchisee from any damages or penalties resulting from the use for this
purpose.
OWNERSHIP, OPERATIONS
§ 91.090 CHANGES IN OWNERSHIP TO BE REPORTED.
(A) This franchise shall not be assigned or transferred, either in whole or
in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto,
either legal or equitable or any right, interest, or property therein, pass to or vest
in any person, either by the act of the franchisee or by operation of the law,
without the consent of the City Council; provided, that nothing in this division
shall be deemed to prohibit a mortgage or pledge of the CATV system, or any
part thereof, for the purpose of financing the system. The granting, giving, or
waiving, of any one or more such consents shall not render unnecessary any
subsequent consent or consents; and such consents may not be unreasonably
withheld.
(B) The franchisee shall notify the Council promptly of any actualor
proposed change in, or transfer of, or acquisition by any other party of, control of
the franchisee. The word CONTROL as used herein refers to ownership or
control of 25% of the stock or right of control of the franchisee, and also includes
actual working control in whatever manner exercised. Every change, transfer, or
acquisition of control of the franchisee shall make this franchise subject to
cancellation unless and until the City Council shall have consented thereto. For
the purpose of the determining whether it shall consent to such change, transfer,
or acquisition of control, the City Council may inquire into the qualifications of the
prospective controlling party, and the franchisee shall assist the City Council in
any such inquiry. If the City Council does not schedule a hearing on the matter
within 90 days after notice of the change or proposed change and the filing of a
petition requesting such consent, it shall be deemed to have consented. In the
event that the City Council adopts a resolution denying its consent and such
change, transfer, or acquisition has been affected, the City Council may cancel
this franchise unless control of the franchisee is restored to a status acceptable
to the City Council.
§ 91.091 PETITIONS, APPLICATIONS, REPORTS, AND THE LIKE.
(A) Copies of all petitions, applications, and communications submitted by
the franchisee to the Federal Communications Commission, Securities Exchange
Commission, or any other federal or state regulatory commission or agency
having jurisdiction with respect to any matters affecting CATV operations
authorized pursuant to this franchise shall be made available to the authority
upon request.
(B) The franchisee shall allow the authority to designate a qualified
individual to audit upon reasonable notice all the plans, contracts, engineering
data, statistical data, customer and service records relating to its system and all
other records required to be kept hereunder; and at all times maintain complete
and accurate books of account, records of its business and operation, and all
other records as required by this chapter or the franchise.
§ 91.092 RECEIVERSHIP, FORECLOSURE, AND THE LIKE.
(A) The franchise herein granted shall, at the option of the Common
Council or its designee, cease and terminate 90 days after the appointment of a
receiver or receivers, or trustee or trustees, to take over and conduct the
business of the franchisee, whether in a receivership, reorganization, bankrupt,
or other action or proceeding, unless such receivership or trustee shall have
vacated prior to the expiration of the 90 days, or unless:
(1) Such receivers or trustees shall have, within 90 days after their
election or appointment, fully complied with all the terms and provisions of this
chapter and the franchise granted pursuant hereto, and the receivers or trustees
within the 90-day period shall have remedied all defaults under the franchise; and
(2) Such receivers or trustees shall, within the 90 days execute an

agreement duly approved by the court having jurisdiction in the premises,
whereby such receivers or trustees shall assume and agree to be bound by each
and every term, provision and limitation of the franchise herein granted.
(B) In the case of a foreclosure or other judicial sale of the plant, property,
and equipment of the franchisee, or any part thereof, including or excluding this
franchise, the Common Council, or its designee, may serve notice of termination
upon the franchisee and the successful bidder at such sale, in which event the
franchise herein granted and all rights and privileges of franchisee hereunder
shall cease and terminate 30 days after service of such notice; unless:
(1) The Common Council shall have approved the transfer of this
franchise as and in the manner in this chapter provided; and
(2) Unless such successful bidder shall have covenanted and

agreed with the city to assume and be bound by all the terms and conditions of
this franchise.
§ 91.093 FAITHFUL PERFORMANCE BOND; NONWAIVER.
(A) Upon the effective date of a certificate of compliance granted by the
Federal Communications Commission, the franchisee shall furnish proof of the
posting of a faithful performance bond running to the city with good and sufficient
surety approved by the city, in the penal sum of $10,000, conditioned that the
franchisee shall well and truly observe, fulfill, and perform each term and
condition of this chapter and the franchise agreement, and that in the case of any
breach of condition of the bond, the amount thereof shall be recoverable from the
principal and surety thereof by the city for all damages resulting from the failure
of the franchisee to well and truly observe and perform the provisions of this
chapter or the franchise agreement. Such bond shall be maintained by the
franchisee throughout the term of this permit. Written evidence of the payment of
required payments shall be filed and maintained with the Clerk-Treasurer and the
authority.
(B) Neither the provisions of this division nor any bonds accepted by the
city pursuant thereto, nor any damage recovered by the city hereunder shall be
construed to excuse unfaithful performance by the franchisee or limit the liability
of the franchisee under this chapter or the franchise for damages, either to the
full amount of the bond or otherwise.
§ 91.094 FORFEITURE OF FRANCHISE; CONTRAVENTION.
(A) Forfeiture of franchise.
(1) In addition to all other rights and powers of the city by virtue of
the franchise or this chapter, the city may terminate and cancel the franchise and
all rights and privileges of the franchisee thereunder in the event that the
franchisee either:
(a) Substantially violates any provision of the franchise or

this chapter or any rule, order, or determination of the Common Council made
pursuant thereto, where such violation shall remain uncured for a period of 30
days subsequent to receipt by franchisee of a written notice of such violation,
except where such violation is not the fault of the franchisee or is due to
excusable neglect; or
(b) Attempts to evade any of the provisions of this chapter or

franchise agreement, or practices fraud or deceit upon the city.
(c) Fails to apply all monies due from the company to the
city hereunder after 30 days written notice by the city to the company.
(2) Such determination and cancellation shall be made by

ordinance of the Common Council duly adopted after 20 days' notice to the
franchisee, and shall in no way affect any of the city's rights under this franchise
or any provision of law. However, before the franchise may be terminated and
cancelled under this section, except for nonpayment of monies due to the city
from franchisee, the franchisee shall be provided with an opportunity to be heard
at a public hearing before the Common Council upon ten days' written notice to
the franchisee of the time and place of the public hearing. The notice shall
affirmatively cite the reasons alleged to constitute a cause for revocation; and
provided that notice of a public hearing shall be published in a local newspaper of
general circulation at least five days before the hearing.
(B) Contravention of franchise. A breach by franchisee of the franchise
agreement, in addition to constituting a breach of contract, shall constitute a
violation of this chapter. The cost of any litigation incurred by the city to enforce
this chapter or the franchise granted pursuant hereto or in relation thereto, or in
relation to the cancellation or termination of a franchise, shall be reimbursed to
the city by the franchisee. Such costs shall include, but not be limited to, filing
fees, costs of depositions, discovery, and expert witnesses, all other expenses of
a suit, and reasonable attorney's fee.
§ 91.095 TERM OF FRANCHISE.
The franchise and rights herein granted shall take effect and be in force
from and after the final passage hereof, as required by law, and upon filing of
acceptance by the company with the Clerk-Treasurer, and shall continue in force
and effect for a term of 15 years after the effective date of this franchise.
1993, passed 4-19-93)
§ 91.096 APPROVAL OF QUALIFICATIONS.
In connection with the rights and privileges herein granted to the company,
the council has examined and approved the legal, character, financial, technical,
and other qualifications of the company, and the adequacy and feasibility of its
construction arrangements, as part of a full public proceeding affording due
process.
§ 91.097 FRANCHISE NON-EXCLUSIVE.
The company acknowledges that its rights under the agreement constitute
a non-exclusive franchise, as required by Indiana law. However, no application
for additional non-exclusive franchises to construct or operate a community
antenna television system in the city will be accepted by the city, except following
a determination by Council by resolution or ordinance that an additional license
or franchise should be granted for all or a portion of the city, and the
establishment of procedures to insure that all interested parties, including the
company, will be given an opportunity to submit proposals for such additional
license or franchise. No license or franchise granted by the city to a third party
during the term of this agreement shall be on terms favorable to such third party
than the terms of this agreement.
(Ord. 3-1993, passed 4-19-93)
DISPUTES
§ 91.105 CITY'S RIGHT OF INTERVENTION.
The franchisee shall not oppose intervention by the city in any suit or
proceeding to which the franchisee is a party.
§ 91.106 ORDERLY RESOLUTION OF DISPUTES INTENDED.
It is the intent of the city to provide for the orderly resolution of any
controversy or dispute between the franchisee and the city arising out of the
enforcement or interpretation of any provision of this chapter, the franchise
agreement, or any rule, regulation, or procedure relating to cable
communications matters. Fact-finding shall be the means of resolving the great
majority of such controversies or disputes.
§ 91.107 IMPARTIAL THIRD-PERSON TO INVESTIGATE FACTS.
Any controversy or dispute, upon election of either the city or the
franchisee, shall be submitted to an expert individual acceptable to both parties
for an investigation of the facts and a report thereof. Such fact-finding shall be
for the purpose of developing better information for the use of both parties and
shall not be binding on either party. All fees and other expenses resulting from
such fact-finding shall be borne equally by both the city and the franchisee.
§ 91.108 NONENFORCEMENT NOT TO CONSTITUTE ESTOPPEL.
The franchisee shall not be relieved of its obligation to comply promptly
with any of the provisions of the franchise by any failure of the city to enforce
prompt compliance.
CHAPTER 92: CEMETERIES
Section
92.01 Conversion of Lick Creek Cemetery to park

§ 92.01 CONVERSION OF LICK CREEK CEMETERY TO PARK.
For the best interests of the public and of any and all relatives of persons
buried in Lick Creek Cemetery, also known as Lick Creek Grave Yard, the
cemetery is converted to a city park by complying with provisions of IC 23-14-24-
1 et seq.
('67 Code, § 2.02) (Res. 1-1955, passed 8-16-55)
CHAPTER 93: CIVIL EMERGENCY; CURFEW
Section
Civil Emergency
93.01 Definitions
93.02 Proclamation by Mayor
93.03 Powers of Mayor
93.04 Imposition of curfew
Curfew
93.10 Curfew for minors

93.11 Authority of police during curfew hours
93.99 Penalty
City's authority to regulate conduct to preserve public safety, see IC 36-8-
2-4
Police Department to suppress riots, see IC 36-8-3-10(4)
CIVIL EMERGENCY
CIVIL EMERGENCY. A riot or unlawful assembly characterized by the use

of actual force or violence or any threat to use force if accompanied by
immediate power to execute the force by three or more persons acting together
without authority of law; or any natural disaster or manmade calamity including
flood, conflagration, cyclone, tornado, earthquake, or explosion within the
corporate limits of the city resulting in the death or injury of persons or the
destruction of property to such extent that extraordinary measures must be taken
to protect the public health, safety, and welfare.
CURFEW. A prohibition against any person walking, running, loitering,

standing, or motoring on any alley, street, highway, public property, or vacant
premises within the corporate limits of the city during the hours in which a curfew
has been imposed, excepting persons officially designated to duty with reference
to the civil emergency.
('67 Code, § 132.03(A)) (Ord. 25-l969, passed 1-l9-70)
§ 93.02 PROCLAMATION BY MAYOR.
When, in the judgment of the Mayor, a civil emergency is deemed to exist,
he shall forthwith proclaim in writing the existence of the same. In case of the
absence of the Mayor from the city, the Chief of Police shall be authorized to act
in his stead.
('67 Code, § 132.03(B)) (Ord. 25-l969, passed 1-l9-70)
§ 93.03 POWERS OF MAYOR.
(A) After proclamation of a civil emergency, the Mayor may also in the
interest of public safety and welfare make any or all of the following orders:
(1) Order the closing of all retail liquor stores.
(2) Order the closing of all taverns.
(3) Order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating liquor or beer is permitted.
(4) Order the discontinuance of the sale of beer.
(5) Order the discontinuance of selling, distributing, or giving away

gasoline or other liquid flammable or combustible products in any container other
than a gasoline tank properly affixed to a motor vehicle.
(6) Order the closing of gasoline stations and other establish-
ments, the chief activity of which is the sale, distribution, or dispensing of liquid
flammable or combustible products.
(7) Order the discontinuance of selling, distributing, dispensing, or

giving away of firearms or ammunition.
(8) Issue such other orders as are imminently necessary for the
protection of life and property.
('67 Code, § 132.03(D))
(B) During the period of a declared state of emergency, the Mayor shall
have the power to invoke any or all of the following provisions:
(1) Alcoholic beverages. No person shall consume any alcoholic

beverages in a public street or place which is publicly owned, or in any motor
vehicle driven or parked thereon which is within the duly designated restricted
area.
(2) Weapons. No person shall carry or possess any rock, bottle,

club, brick, or weapon, who uses or intends to use the same unlawfully against
the persons or property of another.
(3) Incendiary missiles. No person shall make, carry, possess, or

use any type of "Molotov Cocktail", or gasoline or petroleum base fire bomb or
other incendiary missile.
(4) Restricted areas. No person shall enter any area designated

by the Mayor as a restricted area unless in the performance of official duties or
with written permission from the Mayor or his duly designated representative, or
such person shall prove residence therein.
('67 Code, § 132.03(E))
(Ord. 25-l969, passed 1-l9-70) Penalty, see § 93.99
§ 93.04 IMPOSITION OF CURFEW.
After proclamation of a civil emergency by the Mayor, he may order a
general curfew applicable to such geographical area of the city or to the city as a
whole, as he deems advisable and applicable during the hours of the day or night
as he deems necessary in the interest of the public safety and welfare.
('67 Code, § 132.03(C))
CURFEW
§ 93.10 CURFEW FOR MINORS.
(A) It is a curfew violation for a child 15, 16, or 17 years of age to be in a
public place:
(1) Between 12:00 a.m. and 5:00 a.m. on Saturday or Sunday;

(2) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or
Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday,
or Friday.
(B) It is a curfew violation for a child under 15 years of age to be in a

public place after 10:00 p.m. or before 5:00 a.m. on any day.
(C) This section does not apply to a child who is:
(1) Accompanied by his parent, guardian, or custodian;
(2) Accompanied by an adult specified by his parent, guardian, or

custodian; or
(3) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity; or
(c) A religious event.
(IC 31-6-4-2) ('67 Code, § 92.10) (Ord. 1-l957, passed 2-l-57; Am. Ord. 25-l969,
passed 1-l9-70) Penalty, see § 93.99
§ 93.11 AUTHORITY OF POLICE DURING CURFEW HOURS.
(A) Each police force member may stop and question any minor
suspected of violating this chapter's provisions and may take the minor into
custody when found violating provisions of this chapter. The officer shall take the
minor to the city police headquarters where the name of the minor's parent,
guardian, or person having legal custody of him shall be ascertained.
(B) The parent, guardian, or person having legal custody shall be notified
or summoned by the investigating officer to appear at the police headquarters to
complete investigation.
(C) The investigating or apprehen-ding officer, if satisfied a violation has

occurred, shall cause a warrant to be issued for the arrest and appearance of the
parent, guardian, or person in custody of the minor to appear in the Marion
County Municipal Court to answer the charge of a violation of this chapter.
('67 Code, § 91.02) (Ord. 1-l957, passed 2-l-57) Penalty, see § 93.99
§ 93.99 PENALTY.
(A) Whoever violates any provision of§ § 93.01 through 93.04 or any
order made by the Mayor in accordance with the terms of§ § 93.01 through 93.04
shall be punished by a fine of not more than $500. ('67 Code, § 132.03(F)) (Ord.
25-l969, passed 1-l9-70)
(B) Any parent, guardian, or person having the legal custody of a minor
who violates any provisions of §§ 93.10 and 93.11 shall be fined not more than
$500. In addition, any minor violating any provisions of §§ 93.10 and 93.11 may
be referred to the County Juvenile Court. ('67 Code, § 91.99) (Ord. 1-1957,
passed 2-1-57; Am. Ord. 25-1969, passed 1-19-70)
CHAPTER 94: FIRE PREVENTION
Section
General Provisions
94.001 Short title

94.002 Purpose; intent
94.003 Definitions
94.004 Exceptions
94.005 More restrictive provision to apply
94.006 Fire service district
94.007 Violating fire regulations
Administration
94.010 Jurisdiction, duties of Fire Department

94.011Fire prevention program
94.012 Department to maintain records and reports
94.013 Release of records and reports
94.014 Assistance by Legal Department
94.015 Variances from provisions
Inspection and Enforcement
94.020 Fire prevention inspections

94.021 Right of entry
94.022 Investigation of fires
94.023 Enforcement
94.024 Correction of violations
94.025 Service of orders
94.026 Compliance with orders
94.027 Appeal of orders
94.028 Failure to inspect not to constitute waiver
Permits
94.035 Definition
94.036 Permits required
94.037 Permit information
94.038 Applications
94.039 Inspections prior to issuance
94.040 Period of permit; fees
94.041 Refusal, revocation of permits
Regulations Applicable to Certain Businesses
94.050 Automobile tire rebuilding plants

94.051 Automobile wrecking and junk yards
94.052 Dip tanks
94.053 Dry cleaners
94.054 Film
94.055 Flammable finishes
94.056 Garages
94.057 Matches
94.058 Pyroxylin plastics
Regulation of Hazardous Chemicals
94.065 Storage
94.066 Administrative Building
Council rules and regulations
Calcium Carbide and Acetylene
94.070 Packaging
94.071 Storage; location
94.072 Permit required for acetylene gas generator
Gases
94.080 Standard for handling and storage

94.081 Gas service
94.082 Shut-off valves
94.083 Flue; when required
94.084 Modifications of NFPA No. 54
94.085 Mains to be buried
Liquefied Petroleum Gases
94.095 Applicable regulations

94.096 Licenses, permits
94.097 Installation standards
94.098 Modification of NFPA No. 58
Flammable Liquids
94.105 Adoption of NFPA; modifications
94.106 Permits
94.107 Heating and lighting appliances may be prohibited
94.108 Storing liquids near exits
94.109 Limitations on handling in certain buildings
94.110 Storage of barrels and drums 94.111 Flash point
94.112Smoking prohibited
94.113Refineries
94.114Warning labels
94.115Portable containers
94.116No connection to drains
94.117Pumps
94.118Leaky pipes
94.119 Deliveries to storage tanks
94.120 Pipes for Class I liquids
94.121 No gravity fees permitted; exceptions
94.122 Relief valves
94.123 Tank motor vehicles to comply with NFPA No. 385
94.124 Parking of tank vehicles
Combustible Fibres
94.130 Definitions
94.131 Storage
94.132 Fire extinguishing equipment required
94.133 Agricultural products
Pyrotechnics; Ammunition, Primers, and the like
94.140 Definitions
94.141 Possession prohibited
94.142 Licensing of operator
94.143 Intrastate transportation of small arms ammunition
94.144 Provisions of chapter which do not apply
Pyrotechnics; Ammunition, Primers, and the like (Cont'd)
94.145 Manufacture of small arms ammunition prohibited

94.146 Storage of small arms ammunition
94.147 Transportation of smokeless propellant
94.148 Storage of smokeless propellants
94.149 Transportation and storage of small arms ammunition
primers
94.150 Storage of primers
Explosives
94.160 Definitions
94.161 Manufacture prohibited
94.162 Permit required
94.163 Transportation of explosives
94.164 Possession of certain explosives prohibited
94.165 Insurance required
94.166 Transportation route designated
94.167 Storage of explosives
94.168 Factories and magazines
94.169 Explosives motor vehicle terminal
94.170 Model rocketry
94.171 Blasting regulations
94.172 Congested areas
Dust Explosions
94.180 Definitions
94.181 Authority of Fire Department
94.182 Application of NFPA standards
94.183 Plants producing dust to be safe
Exits and Alarm Systems
94.190 Obstruction of fire exits, doors, and the like prohibited

94.191 Adoption of life safety code
94.192 Fire alarm systems
94.193 Administrative Building Council rules and regulations
Fire Extinguishing Equipment
94.200 Fire appliances; regulations

94.201 Minimum standards of adequacy to be applied
94.202 Required equipment
94.203 Fire Department to comply with NFPA standards
94.204 Ventilation equipment standards
Portable Fire Extinguishers
94.210 Purpose
94.211Definitions
94.212 Administration
94.213 Exceptions
94.214 Registration, licensing of service personnel
94.215 Selling or leasing equipment
94.216 Applications, hearings on licenses, permits, and
certificates
94.217 Powers and duties of Fire Department
94.218 Fire Department's rules to be followed
94.219 Fees
Fire and Safety Provisions
94.225 Definitions
94.226 Open burning prohibited
94.227 Depositing ashes and the like
94.228 Accumulation of waste prohibited
94.229 Regulations governing combustible wastes
94.230 Flammable decorative material
94.231 Flame-proofing
94.232 Open flame restricted
94.233 Construction of chimneys and heating appliances
94.234 Heating and lighting apparatus
94.235 Trap doors to be closed
94.236 Shaftways to be marked
94.237 Burning of structures prohibited
94.238 Contracts for fire and police protection
94.239 Fire protection outside city limits
94.240 Emergency service
94.241 Fire lines and limits
94.242 Fire alarms and equipment
94.243 Obstructing fire hydrant
94.244 Smoking or carrying fire producing device
94.245 Smoking in bed
94.246 "No smoking" signs
94.247 Regulations controlling lit or hot objects
94.248 Smoking in public conveyances
94.249 Smoke detectors
94.999 Penalty
Cross-reference:
Burning trash, leaves, see § 96.10
Fire control in parks, see § 99.09
Fire Department, see Ch. 34
Authority to establish Fire Department, see IC 36-8-2-3
GENERAL PROVISIONS
This chapter and all matters included by reference, shall comprise the fire
code of the city. It may be referred to and cited as the "Beech Grove Fire Code."
('67 Code, § 92.01) (Ord. 13-l973, passed 12-17-73)
§ 94.002 PURPOSE; INTENT.
(A) It is the intent of this chapter to prescribe regulations consistent with
nationally recognized minimum standards for the safeguarding of life or property
from the hazards of fire and explosion from the storage, handling, and use of
hazardous substances, material, and devices; and from conditions hazardous to
life or property in the occupancy or use of both new and existing buildings or
premises.
(B) This chapter and adopted standards shall be the minimum necessary
to comply with the requirements of due care. The minimum standard of adequacy
to be applied shall be those specified by the "National Fire Codes" l971-72 by the
NFPA, a multi-volume publication insofar as those regulations or standards do
not conflict with requirements set forth in other sections of this chapter or with
more restrictive provisions of state law or ordinance. A current copy of the
National Fire Codes, along with all past editions beginning with the year l971,
shall be available for public inspection and duplication during regular business
hours in the Office of Fire Prevention.
('67 Code, § 92.02) (Ord. 13-l973, passed 12-17-73)
APPROVED. Signifies acceptance by the Board of Public Works and

Safety of the design, equipment, installation, or intended use as required by this
chapter. Any acceptance shall be the result of investigations and tests conducted
by the Board of Public Works and Safety or by reason of accepted principles or
tests by the Underwriters' Laboratories Incorporated, the Factory Mutual
Research Corporation, the American Gas Association Laboratories, or the United
States Bureau of Standards.
ASSEMBLY OCCUPANCY OR PLACE OF ASSEMBLY. This is defined in

section S-113 of NFPA 101 and shall refer to all buildings or portions of buildings
used for gathering together of 100 or more persons for such purposes as
deliberation, worship, entertainment, amusement, drinking, dining, or awaiting
transportation.
AUTHORITY HAVING JURISDICTION.

This phrase when used throughout the National Fire Protection Association
standards adopted in this chapter means the "Beech Grove Fire Department."
CHIEF OF THE DEPARTMENT. Refers to the administrative head or

director of any fire department in the city.
FIRE DEPARTMENT. Refers to any fire department of the city, and

includes any authorized officer, agent, or employee of the department.
NFPA. Refers to the National Fire Protection Association, which publishes
the volumes of the "National Fire Code."
OWNER. The owner or owners of the freehold of the premises or lesser

estate therein, a mortgagee or vendor in possession, assignee of rents, receiver,
executor, trustee, lessee, or other person in control of a building, or their duly
authorized agents.
PREMISES. Includes public streets, alleys and roads as well as yards,

whether enclosed or not, which surround said buildings. ('67 Code, § 92.21)
('67 Code, § 92.06)
(Ord. 13-l973, passed 12-17-73)
§ 94.004 EXCEPTIONS.
Nothing contained in this chapter shall be construed as applying to the
transportation of any article or thing in conformity with the regulations prescribed
by the U.S. Department of Transportation, nor as applying to the military or naval
forces of the United States.
('67 Code, § 92.03) (Ord. 13-l973, passed 12-17-73)
§ 94.005 MORE RESTRICTIVE PROVISION TO APPLY.
Whenever any provision of this chapter is found to be in conflict with any
building, zoning, safety, health, or other applicable law, ordinance or code of the
city, existing on the effective date of this code or hereafter adopted, the provision
which establishes the higher standard for the promotion of the safety and welfare
of the public shall prevail, provided if any provision of this chapter conflicts with a
rule or regulation of the Administrative Building Council, that rule or regulation
shall prevail, unless those provisions have been approved by the Administrative
Building Council.
('67 Code, § 92.04) (Ord. 13-l973, passed 12-17-73)
§ 94.006 FIRE SERVICE DISTRICT.
For the purposes of this fire code and the building code of the city, the city
is hereby declared to be and is hereby established a fire service district.
('67 Code, § 92.07) (Ord. 13-l973, passed 12-17-73)
§ 94.007 VIOLATING FIRE REGULATIONS.
No person shall do any of the following acts:
(A) Give, or cause to be given, any false alarm of fire by means of any
telegraph box connected with the city fire alarm system or by telephone.
(B) Hinder, obstruct, or attempt to hinder or obstruct, any part of the fire
force apparatus while it is being taken to or from a fire or in use at a fire, or in any
way obstruct or interfere with the use of any public cistern, well, or plug used by
the Fire Department, or hinder or prevent any fireman from performing his work
at any fire.
(C) Drive any vehicle, street car, or railroad locomotive or car, over, or
injure any hose laid in the street or streets at the occurrence of any fire, or while
in use for any other purpose.
(D) Approach closer to a fire upon which the Fire Department is working,
or to which it may be called, than the limits established by the Police Chief or the
Fire Chief.
(E) Cry out a false alarm of "fire" in any church, public hall, theater, or any
other public building of a similar or different character, while it is occupied by a
public assemblage.
(F) Open any public hydrant or fire plug during the time fire pressure is on
the public water system unless directed to do such act by the Fire Chief or Police
Chief.
('67 Code, § 131.02) Penalty, see § 94.999
ADMINISTRATION
§ 94.010 JURISDICTION, DUTIES OF FIRE DEPARTMENT.
(A) The Fire Department shall have jurisdiction over the fire service
district. ('67 Code, § 92.08)
(B) The Chief and officers of the Fire Department shall enforce all laws
and ordinances covering but not limited to the following subjects:
(1) The prevention of fires.
(2) The handling, storage, sale, and use of explosives, flammable

liquids, combustibles, and hazardous chemicals.
(3) The location, installation, and maintenance of public fire alarm

systems and fire extinguishing equipment.
(4) The location, maintenance, and regulation of fire escapes.
(5) The means and adequacy of exit, in case of fire or explosion

from all places in which numbers of persons work, live, or congregate from time
to time for any purpose.
(6) The investigation of the cause, origin, and circumstances of

fires.
(C) The Fire Department shall have such other powers and perform such
other duties as are set forth in other sections of this chapter and as may be
conferred and imposed from time to time by law or ordinance. It shall also make
reports and convey information to the Division of Buildings or the State Fire
Marshal's office when the information obtained during an investigation relates to
violations of rules or regulations over which those divisions or offices have
authority.
('67 Code, § 92.10)
(Ord. 13-l973, passed 12-17-73)
§ 94.011 FIRE PREVENTION PROGRAM.
The fire prevention program shall be operated under the supervision of the
Board of Public Works and Safety which shall assign as the head of fire
prevention the Chief of the City Fire Department. He shall exercise all the
authority and perform all the duties hereinafter delegated to and required of that
position. The Board shall detail such other qualified, regular members of the Fire
Department as officers or inspectors as shall be necessary from time to time.
Technical inspectors or clerical assistants may be employed by the Department
in the same manner as is provided by law or prior practice for the employment of
other employees of the city.
('67 Code, § 92.09) (Ord. 13-l973, passed 12-17-73)
§ 94.012 DEPARTMENT TO MAINTAIN RECORDS AND REPORTS.
(A) The Fire Department shall keep a record of all fires and all facts
concerning them, including statistics as to the extent of those fires and damages
caused thereby. The records shall be made daily from reports made by the
officer or member of the Department designated by the Fire Chief. The daily
records shall be summarized monthly into a report to be submitted to the Fire
Chief for his approval.
(B) An annual report shall be transmitted to the Board of Public Works

and Safety, together with recommendations to be made by the Department for
any amendments to this chapter, which, in his judgment, shall be desirable. This
annual report shall be submitted to the Board of Public Works and Safety not
later than January 30 and shall be returned to the Department for permanent
record, after having been approved by the Board, not later than March 1 of the
calendar year following that covered by the report.
(C) All reports and records shall be made public unless determined by
those designated in § 94.013 to be confidential.
(D) The Department shall also keep on hand files containing reports of all
properties inspected, orders issued, fires, and complaint investigations and those
files shall include the location of buildings in which hazardous occupancies are
found.
('67 Code, § 92.11) (Ord. 13-l973, passed 12-17-73)
§ 94.013 RELEASE OF RECORDS AND REPORTS.
(A) The Fire Department may develop pictures of structures and area
damaged by fire, provided that they are not involved in cases of arson, and
supply them to interested parties upon the payment of $5 per picture for each
copy of the picture so requested, or of such report as may be furnished.
(B) The Chief of the Fire Department or the Chief of the Police
Department or the City Attorney may, in their individual discretion, determine and
direct in writing that any such reports are not of a confidential nature and shall be
so made available. No record or records of any photo determined by the
aforesaid authorities to be confidential, shall be included in the records or photos
covered by this chapter.
(C) The Fire Chief shall assign appropriate personnel to the duties
created by this section. These personnel shall make such records available
during all regular hours of the Record Division of the Fire Department, the hours
being prescribed by the Fire Chief.
(D) The fees and charges paid for reports shall be credited to the Fire
Department's special account for use in the Fire Department, and be accounted
for in the Fire Department's annual report to the Board of Public Works and
Safety.
(E) No charge shall be made for the furnishing of the reports or photos in
division (A) above, to any city, county, or state governmental unit.
('67 Code, § 92.12) (Ord. 13-l973, passed 12-17-73)
§ 94.014 ASSISTANCE BY LEGAL DEPARTMENT.
The Fire Department may obtain the services of the Legal Department for
legal assistance in connection with the enforcement of this chapter or
investigations or prosecutions pertaining to fire or explosions which in its opinion
are of suspicious origin or warrants further investigation.
('67 Code, § 92.13) (Ord. 13-l973, passed 12-17-73)
§ 94.015 VARIANCES FROM PROVISIONS.
(A) The Chief of the Fire Department may modify or grant exemption of
application from specific requirements of this chapter and the "National Fire
Code" standards promulgated by the NFPA, which are adopted by reference in
this chapter.
(B) This power shall be based upon a request in writing to do so by the

owner when the request shows that the specific requirement will cause
unnecessary hardship to the petitioner or in order to take advantage of new
methods or equipment of recognized adequacy.
(C) The request shall not be granted unless the requested equipment or
use or modification will, in the opinion of the Chief of the Fire Department,
conform with all the fundamental requirements for safety.
(D) The particulars of the exemption or modification when granted, shall

be entered upon the approval granted. A copy thereof shall be retained by the
Department.
('67 Code, § 92.14) (Ord. 13-l973, passed 12-17-73)
INSPECTION AND ENFORCEMENT
§ 94.020 FIRE PREVENTION INSPECTIONS.
The Fire Department shall:
(A) Inspect as often as may be necessary all specially hazardous

manufacturing processes, storages, or installations.
(B) Inspect, as often as may be necessary, all fire alarm, stand pipe, and
automatic sprinkler systems.
(C) Inspect, as often as may be necessary, all buildings and premises.
(D) Inspect, as often as may be necessary, all other hazards, uses,

conditions, processes, or appliances as the Fire Chief shall designate.
('67 Code, § 92.20) (Ord. 13-l973, passed 12-17-73)
§ 94.021 RIGHT OF ENTRY.
(A) The Fire Department may, at all reasonable hours, enter any building
or premises within its jurisdiction for the purpose of making the inspections
required or permitted under § 94.020 or investigation required under § 94.022.
(B) The inspector or investigator may be required by the owner or

occupant to produce satisfactory proof of his employment. If the inspector or
investigator is denied access, he may apply to a court of competent jurisdiction
for an order allowing inspections.
('67 Code, § 92.22) (Ord. 13-l973, passed 12-17-73)
§ 94.022 INVESTIGATION OF FIRES.
(A) The Fire Department shall investigate the cause, origin, and
circumstances of every fire occurring in its jurisdiction by which property has
been destroyed or damaged, or in which there has been personal injury or loss of
life, and so far as possible shall determine whether the fire is the result of
carelessness or design.
(B) The investigations shall be commenced immediately upon the

occurrence of such a fire by those designated, and if it appears to the inspector
that the fire is of suspicious origin he shall convey his findings immediately to the
Chief of the Fire Department.
(C) The Chief shall immediately conduct a complete investigation of the

circumstances of the fire. The Chief shall carry on the investigation, prosecution,
and suppression of the crime of arson and other crimes connected with the
destruction or attempted destructions of property by fire. The Chief shall take
immediate charge of the physical evidence, shall notify any other authority
designated by law or ordinance to help pursue the investigation of such matters,
and shall further cooperate with those authorities in the collection of relevant
evidence and in the prosecution of the case.
(D) Reports shall be in such form as prescribed by the Chief and shall
contain a statement of all facts relating to the cause, origin and circumstances of
the fire, extent of damage thereof, approximate loss, insurance upon the
property, and such other required information.
('67 Code, § 92.23) (Ord. 13-l973, passed 12-17-73)
(A) The provisions of this chapter shall be enforced by the Fire
Department.
('67 Code, § 92.24)
(B) The Department shall have concurrent jurisdiction with the City
Building Inspector for the enforcement of any other violation of the municipal
code whenever:
(1) It has actual knowledge of the violation; and
(2) The other violation creates or results in an immediate fire

hazard which endangers life, property or the public safety.
('67 Code, § 92.25)
(C) Whenever in the enforcement of this code the responsibility of more

than one enforcement official may be involved, it shall be their duty to coordinate
their inspections and administrative orders as fully as practicable so that the
owners and occupants of buildings shall not be subjected to visits by numerous
inspectors nor to multiple and conflicting orders. ('67 Code, § 92.30)
(Ord. 13-l973, passed 12-17-73)
§ 94.024 CORRECTION OF VIOLATIONS.
Any violation of this chapter or any other provision of the municipal code
which is within the jurisdiction of the Fire Department, or any hazardous
condition, shall be corrected by one of the following methods:
(A) By written order specifying the violation or condition and demanding

compliance with the provision of this chapter or municipal code being violated, or
correction of the hazardous condition specified.
(B) By immediate condemnation of the whole or any part of the offending

building, premises, structure, or condition, and the immediate removal of any
occupants, pending compliance with the provision of this chapter or municipal
code being violated, or correction of the hazardous condition.
(C) By any other appropriate remedy or procedure provided for by any

applicable law, statute, or ordinance.
('67 Code, § 92.26) (Ord. 13-l973, passed 12-17-73)
§ 94.025 SERVICE OF ORDERS.
(A) Any order issued under this chapter shall be served as follows:
(1) Occupant. If the order is directed to the occupant of the
premises, by serving a copy of the order personally upon the occupant or his
agent or employee or by leaving a copy of it with the person in charge of the
premises, or if no such person is found upon the premises, by affixing a copy of
the order in a conspicuous place on the door or entryway of the premises.
(2) Owner. If the order is directed to the owner of the premises, by

serving a copy of the order personally upon the owner or his agent or employee,
or by leaving a copy thereof with a competent member of the owner's family at
least 14 years of age, who shall be informed of the contents thereof. If the owner
is a corporation, by serving personally any officer or director thereof or the
registered agent thereof.
(B) If the owner cannot be found or served with reasonable diligence,

service may be made by certified mail to the owner's last known post office
address.
('67 Code, § 92.27) (Ord. 13-l973, passed 12-17-73)
§ 94.026 COMPLIANCE WITH ORDERS.
If an order is not complied with within the time specified in the order, the
Fire Department may cause an action to be commenced to penalize such failure.
The Department in such action may seek relief from the violation or hazardous
condition by injunction or other appropriate remedy.
('67 Code, § 92.28) (Ord. 13-l973, passed 12-17-73)
§ 94.027 APPEAL OF ORDERS.
(A) Any order issued or any enforcement action by the Fire Department
may be appealed by the owner or occupant within five days of the order or
enforcement action, to the Chief of the Fire Department. Within five days of filing
of the appeal with the Chief, he shall review the order or enforcement action and
mail a written copy of his decision by certified mail to the appellant.
(B) Within ten days of mailing of the decision, the appellant may appeal
the decision of the Chief to the Board of Public Works and Safety. Appeal shall
be taken by filing notice of appeal with the Fire Chief and the Board of Public
Works and Safety. Within ten days of filing of such notice of appeal, the Board
shall review the decision of the Chief and shall notify the appellant by certified
mail of its decision.
(C) Within five days after mailing of the decision of the Board, the
appellant may appeal the decision of the Board to a court having general
jurisdiction in the county. Appeal may be taken in accordance with the provisions
of IC 4-22-1-1 et seq. until July 1, l987, and thereafter in accordance with the
provisions of IC
4-21.5-1-1 et seq.
2-87)
§ 94.028 FAILURE TO INSPECT NOT TO CONSTITUTE WAIVER.
Failure of the Fire Department to inspect or issue an order shall not
constitute approval of noncompliance with the provisions of this chapter.
('67 Code, § 92.31) (Ord. 13-l973, passed 12-17-73)
PERMITS
A "PERMIT' is the written authority and permission, issued by the Fire
Department pursuant to this chapter, to maintain, store, handle, or use materials,
or to conduct processes which produce conditions hazardous to life or property,
or to install equipment used in connection with those activities, or to construct,
operate, or maintain establishments hereinafter specified. A "PERMIT" does not
take the place of any license required by state law or ordinance. It shall not be
transferable, and any change in use or occupancy of premises shall require a
new PERMIT.
('67 Code, § 92.34) (Ord. 13-l973, passed 12-17-73)
§ 94.036 PERMITS REQUIRED.
(A) Permits required by this chapter are for:
(1) Transportation, storage, or use of explosives.
(2) Blasting.
(3) Pyrotechnic displays.
(4) Handling, use, or display of nitrocellulose film.
(5) Storage of nitrocellulose film and junk.
(6) Storage and handling of pyroxylin plastic over 100 pounds.
(7) Manufacture of pyroxylin plastic articles.
(8) Calcium carbide exceeding 200 pounds.
(9) Acetylene generators exceeding five pounds capacity.
(10) Compressed and liquefied gases.
(11) Painting, including spraying and dipping.
(12) Dry cleaning.
(13) Matches in excess of 60 matchman's gross.
(14) Automobile tire rebuilding plants.
(15) Automobile wrecking yard or junk yard.

(16) Storages and packing cases.
(17) Bonfires.
(B) Only one permit shall be required by retail establishments dealing in,
or manufacturing plants using two or more flammable, combustible, or explosive
materials to be kept in the establishment at any one time.
§ 94.037 PERMIT INFORMATION.
The Chief of the Fire Department shall post the list of permits in a
conspicuous place in his office and shall also maintain in his office details and
descriptive drawings showing approved and acceptable methods of storing,
handling, or protecting such materials as shall require a permit.
('67 Code, § 92.33) (Ord. 13-l973, passed 12-17-73)
§ 94.038 APPLICATIONS.
All applications for permits required by this chapter shall be made to the
Fire Department in such form and detail as it shall prescribe. Applications for
permits shall be accompanied by such plans as required by the Department.
§ 94.039 INSPECTIONS PRIOR TO ISSUANCE.
Before a permit may be issued, an authorized representative of the Fire
Department shall inspect when deemed necessary by the Fire Chief and approve
the location, receptacle, vehicle, building or storage place to be used.
('67 Code, § 92.36) (Ord. 13-l973, passed 12-17-73)
§ 94.040 PERIOD OF PERMIT; FEES.
(A) Every permit granted under the provisions of this chapter shall be for
such period as the Chief of the Fire Department may determine, not to exceed
one year. The permit must at all times be kept on the premises designated
therein, and shall at all times be subject to inspection by anyone duly authorized
by the Fire or Police Departments.
(B) The fee for each permit shall be $4 to be paid to the City Clerk-
Treasurer for use in the Fire Department for fire prevention. No fee shall be
required for permits for a bonfire or pyrotechnic display, and no fee shall be
charged for a permit to any city, county, or state governmental unit.
('67 Code, § 92.37) (Ord. 13-l973, passed 12-17-73)
§ 94.041 REFUSAL, REVOCATION OF PERMITS.
(A) Whenever the Fire Department shall reject or refuse to grant a permit,
or when it is claimed that provisions of this chapter or any other ordinance
relating thereto, do not apply, or when it is claimed that the true intent and
meaning of this chapter or any regulations have been misconstrued or
misinterpreted, and the permit applied for having been refused by the
Department, then the person may appeal from the decision in writing as outlined
in § 94.027.
('67 Code, § 92.38)
(B) The Chief of the Fire Department may revoke a permit or license
issued if any violation of this chapter is found upon inspection or in case there
has been any false statement or misrepresentation as to a material fact in the
application or plans on which the permit or license was based. Appeals may be
taken as provided in § 94.027. ('67 Code, § 92.39)
(Ord. 13-l973, passed 12-17-73)
REGULATIONS APPLICABLE TO CERTAIN BUSINESSES
§ 94.050 AUTOMOBILE TIRE REBUILDING PLANTS.
(A) Permit required. A permit shall be required from the Fire Department
for any tire retreading or rebuilding plant. ('67 Code, § 92.73)
(B) Enclosure of openings. Tire retreading shops shall have all floor
openings, such as stair and elevator shafts, enclosed in a standard and approved
manner, and with exposed windows protected by wired glass in metal sash and
frames. Fire doors or other opening protectives to stair and elevator enclosures
shall be kept closed except when the opening is in actual use. ('67 Code, §
92.74)
(C) Buffing machines. Buffing machines shall be located in a separate

room which shall be connected to an ample blower and dust collecting system in
conformity with the applicable provisions of NFPA Standard No. 9l, "Blower and
Exhaust Systems," l969 edition. ('67 Code, § 92.75)
(D) Ventilation. Each room where rubber cement is used or mixed , or

flammable solvents are applied, shall be equipped with an effective system of
mechanical or natural ventilation. ('67 Code, § 92.76)
(E) Fire walls and sprinklers. Tire retreading shops in buildings of

wooden construction or in buildings used in whole or in part for human habitation
or in connection with stores shall be suitably cut off from other portions of the
building by fire partitions or fire walls having a fire resistance rating of not less
than two hours, and shall be equipped with an approved automatic sprinkler
system. ('67 Code, § 92.77)
(Ord. 13-l973, passed 12-17-73)
§ 94.051 AUTOMOBILE WRECKING AND JUNK YARDS.
(A) Definitions. For the purpose of this section the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
JUNK. Any articles, in any form, composed or consisting of any of the

following enumerated secondhand, discarded, or cast-off metals or materials,
namely: Iron, brass, bronze, copper, tin, zinc, lead, or any other metals or
compounds thereof; broken glass, rags, clothing, rubber, plastics, and synthetic
substances and fabrics; bottles, paper, feathers, or any other waste materials; or
any compound or by-product of any of the foregoing enumerated materials;
JUNK shall also include and mean wrecked or dismantled automobiles.
JUNK YARD Any place at least part of which is out-of-doors, where junk,
as defined above, is kept, stored, or permitted to collect for the purchase, sale,
collection, exchange, or barter thereof.
('67 Code, § 92.67)
(B) Permit required. A permit shall be obtained from the Chief of the Fire
Department for the establishment and maintenance of an automobile wrecking
yard or a junk yard, and such yard shall be enclosed by a solid metal fence or
masonry wall at least seven feet high above the grade of the lot, and no vehicles
or salvage materials shall be piled or placed in the yard higher than that solid
fence or wall, and none shall be piled or placed outside of that solid fence or wall,
nor in any part of the right-of-way of any street, alley, or other public way. ('67
Code, § 92.68)
(C) Permitted activities. Nothing but automobile dismantling shall be

carried on in any automobile wrecking yard, and if repairs are made to any
automobile or other self-propelled vehicle, these repairs shall be made in a
building meeting all the requirements of a public garage as prescribed in §
94.056. ('67 Code, § 92.69)
(D) Burning prohibited. No automobile or any part thereof shall be burned

for wrecking or salvage purposes in or on any premises. ('67 Code, § 92.70)
(E) Building requirements.
(1) At junk yards, where large quantities of waste, paper, rags, and
other combustible materials are handled and stored, the process shall be carried
on in a building of other than frame construction.
(2) Height shall not be over one story, unless building is of fireproof
construction.
(3) One-story buildings shall be provided with skylights in the room

as may be required by the Fire Chief to provide adequate ventilation in case of
fire.
(4) Vertical openings shall be properly enclosed and window

openings shall be protected by metal frames and sash glazed with wired glass.
(5) Picking rooms shall be separated from storage rooms by a fire

partition or wall. The entrance to such rooms shall be provided with standard-
self-closing fire doors. All picking rooms shall be provided with exhaust systems
of sufficient capacity to adequately remove dust and lint collections.
(6) Every storage building shall be completely protected by an
approved system of automatic sprinklers.
('67 Code, § 92.71)
(F) Location of junk. No junk shall be located or stored as to seriously

expose adjoining or adjacent property to a fire or explosion hazard. ('67 Code, §
92.72)
§ 94.052 DIP TANKS.
(A) Definition. DIP TANK shall mean a tank, vat, or container of
flammable or combustible liquid in which articles or materials are immersed for
the purpose of coating, finishing, treating, or similar processes. ('67 Code, §
92.65)
(B) Standards. The operations of dip tanks shall comply with NFPA,
"Standard for Dip Tanks," No. 34, l971 edition, which is adopted by reference as
though set out in full. ('67 Code, § 92.66)
§ 94.053 DRY CLEANERS.
(A) Adoption of standards. NFPA No. 32, "Standard for Dry Cleaning
Plants," l970 Edition, is adopted and incorporated in this chapter by reference as
though set out in full. This standard shall apply to both new and existing dry
cleaning plants, equipment, buildings, and installations. ('67 Code, § 92.50)
(B) Permit required.
(1) No person shall engage in the business of dry cleaning without

a permit from the Fire Department which shall prescribe the class of system to be
used.
(2) No change shall be made in the solvent used in the equipment

to a solvent of a more hazardous class unless permission for such change shall
first have been obtained from the Fire Department.
('67 Code, § 92.51)
§ 94.054 FILM.
(A) Cellulose nitrite motion picture film.
(1) Sale or disposition. No person shall sell, lease, or otherwise

dispose of any cellulose nitrate film to any person not having a permit to handle,
use, or display such film. ('67 Code, § 92.125)
(2) Storage permit. A permit from the Fire Department shall be

required for the storage of cellulose nitrate motion picture film in quantities
greater than five reels, or aggregating more than 25 pounds in weight. No permit
shall be issued unless the rooms in which the film is handled or stored are
protected by automatic sprinklers and fire extinguishers as required by NFPA No.
40, l967, article 23. ('67 Code, § 92.126)
(3) Scrap film permit. A permit shall be required from the Chief of
the Fire Department for the storage or disposal of scrap and junk cellulose nitrate
film. ('67 Code, § 92.127)
(4) Adoption of standards. The equipment, processes, and

operation of the storage and handling of cellulose nitrate motion picture film shall
comply with NFPA standard No. 40, l967, which is adopted by reference. That
standard shall be retroactive and apply to existing practices, structures, or
facilities, except for specific sections which differentiate between existing and
new construction or structures. ('67 Code, § 92.128)
(B) Cellulose nitrite photographic and x-ray film.
(1) Storage. In hospitals and similar institutions, doctors' offices, x-

ray laboratories, and in portrait and commercial studios, all cellulose nitrate
photographic and x-ray film, unless in unopened Interstate Commerce Commis-
sion's shipping containers, shall be stored in cabinets, vaults, or outside storage
houses, as outlined in this chapter. ('67 Code, § 92.129)
(2) Cabinets.
(a) Cabinets shall be of approved, insulated construction

and shall not exceed ten cubic feet capacity.
(b) Cabinets shall be equipped with at least one automatic

sprinkler in each compartment unless specifically approved for use without
automatic sprinklers.
(c) Each cabinet shall be provided with a vent to the outside

of the building. The vent shall be so constructed or protected by a substantial
metal grid as to prevent stoppage of the vent in case of combustion or
decomposi- tion of film contents. For a cabinet having ten cubic feet inside
volume, the vent area shall be not less than 56 square inches. For smaller
cabinets the vent area shall be proportional except that no cabinets shall have a
vent area of less than 14 square inches.
(d) Vent flues inside the building shall be of a construction

equivalent to number 18 United States gauge metal covered with one inch of
heat insulating material.
('67 Code, § 92.130)
(3) Vaults and outside storage houses. Vaults and outside storage
houses shall be equipped with sprinklers and vents and in strict accordance with
the standard requirements for vaults or for outside storage houses (see NFPA
No. 40,l967), and satisfactory to the Fire Department. Outside storage houses
which are not within 100 feet of any other building are not required to have
automatic sprinkler protection. ('67 Code, § 92.131)
(4) Wiring and electrical equipment. All wiring and electrical

equipment in rooms or vaults where film is stored shall conform to the "National
Electric Code," NFPA No. 70; only incandescent electric lights shall be permitted
and in vaults these shall be protected by wire guards, vapor-proof globes, or
both. Portable or extension cords shall not be used in any storage vault. ('67
Code, § 92.132)
(5) Smoking prohibited. Smoking shall be prohibited in rooms

where film is stored or handled. Conspicuous "No Smoking" signs shall be
posted in prominent places. ('67 Code, § 92.133)
(6) Storage near heat sources. No film shall be stored within two
feet of steam pipes, radiators, chimneys, or other sources of heat. ('67 Code, §
92.134)
(7) Fire extinguishers. Every room in which nitrate film is stored or

handled, except film vaults, shall be provided with portable fire extinguishers of
types using water or water solutions. ('67 Code, § 92.135)
§ 94.055 FLAMMABLE FINISHES.
(A) Scope. This section shall apply to flammable or combustible finishing
materials when applied as a spray by compressed air, "airless" or "hydraulic"
atomization, by steam or electrostatic methods, or by any other means in
continuous or interpowders when applied by powder spray guns, electrostatic
powder spray guns, fluidized beds, or electrostatic fluidized beds. ('67 Code, §
92.52)
(B) Definitions. For the purpose of this section the following definitions
(1) FINISHING SHOP. A building or part thereof used for the

application of finishes by means of spraying or dipping. ('67 Code, § 92.53)
(2) PROPERLY CONSTRUCTED BUILDING. As referred to in

NFPA No. 33, Section 602, a building that conforms to the applicable
requirements of NFPA No. 30, l969 edition, Chapter 4. ('67 Code, § 92.57)
(3) PROPERLY CONSTRUCTED METAL CABINET. As referred to

in NFPA No. 33, Section 603, a metal cabinet constructed in the following
manner or built to equivalent requirements. The bottom, top, door, and sides of
cabinet shall be at least No. 18 gauge sheet iron and double-walled with 1-1/2-
inch air space. Joints shall be riveted, welded, or made tight by some equally
effective means. The door shall be provided with a three- point lock, and the
door sill shall be raised at least two inches above the bottom of the cabinet.
When deemed necessary by the Chief of the Fire Department, cabinets shall be
vented. The cabinet shall be conspicuously labeled in red letters, "FLAMMABLE -
KEEP FIRE AWAY". ('67 Code, § 92.58)
(C) Permits. A permit shall be required from the Fire Department for any
finishing shop using more than one gallon of flammable material or more on any
working day, or storing in connection with the use thereof, more than five gallons
of flammable materials. All body shops shall be licensed and bonded by the Fire
Department. ('67 Code, § 92.54)
(D) Finishing shops.
(1) All finishing shops shall comply with NFPA "Standards for Spray
Finishing Using Flammable and Combustible Materials," No. 33, l969 edition.
That standard is adopted by reference as though set out in full. This section
concerns requirements which are not covered by or are more restrictive than the
above standard. In case of conflict, the more restrictive provision
shall apply.
('67 Code, § 92.55)
(2) Finishing shops in buildings of wooden construction or in

buildings used in connection with stores shall be separated vertically and
horizontally from other portions of the building by walls and ceilings having a fire
resistance rating of not less than one hour, and shall be equipped with an
approved sprinkler system.
('67 Code, § 92.56)
(E) Lighting and electrical equipment. Artificial lighting shall be by

electricity only. All electrical wiring and equipment shall conform to the
requirements of Chapter 4 of NFPA No. 33, and shall otherwise be in accordance
with the "National Electric Code" (NFPA No. 70).
('67 Code, § 92.59)
(F) Housekeeping and operations.
(1) Maintenance and operations shall conform to the requirements

of Chapter 8, NFPA No. 33.
(2) Floors of finishing shops, drain boards, and the interior of spray
booths shall be thoroughly cleaned at least once a day and all fans, ducts, side
walls, and coilings kept as clean as may be practicable at all times. Wherever
practicable, surfaces to be cleaned shall be sprayed or otherwise wet down with
water before cleaning. Floors of spray booths and spray rooms shall be of non-
combustible material. ('67 Code, § 92.60)
(G) Open flames, heating. No open flame shall be permitted in storage or

mixing rooms, storage cabinets, finishing rooms, or a spraying area, as defined in
NFPA No. 33, Section 104. For heating purposes, indirect systems only, such as
steam, hot air, or hot water shall be used. Space heating appliances, steam
pipes, or hot surfaces shall not be located in a spraying area where deposits of
combustible residues may readily accumulate. ('67 Code, § 92.61)
(H) Grounding. All metal parts of spray booths, exhaust ducts, and piping
systems conveying flammable or combustible liquids or aerated solids, dip tanks,
bake ovens, mixers, filters, pumps, motors, and shafting shall be electrically
grounded in an effective and permanent manner. ('67 Code, § 92.62)
(I) Fire extinguisher. Suitable and adequate fire extinguishing equipment

such as portable extinguishers, small hoses, and automatic sprinklers shall be
installed in finishing rooms, near storage cabinets, and spraying areas. The
Chief of the Fire Department may also order whatever fire extinguishing
equipment he deems necessary to be installed in each finishing shop. See§ §
94.l93 through 94.204. ('67 Code, § 92.63)
(J) Spraying room requirements.
(1) All spraying shall be performed in a spray room or spray booth

as specified below, or its equivalent.
(2) If spraying is performed in a room not provided with spray

booths as herein provided, that spray room shall be separated from the
remainder of the building by partitions of fire-resistive construction equivalent to
incombustible wallboard on wooden studding, cement or gypsum plaster on
metal lath on wooden studding, or wooden studding covered on both sides with
sheet iron. Doors in openings in the spray room partition shall be equal in fire
resistance to the partition and shall be closed at all times.
('67 Code, § 92.64)
§ 94.056 GARAGES.
(A) Definitions. For the purpose of this section the following definitions
(1) GARAGE. A building, or any part thereof, in which there shall

be housed or kept one or more self-propelled vehicles or automobiles, containing
flammable liquids for fuel or power.
(2) PRIVATE RESIDENTIAL GARAGE. One in which there shall
be housed or kept not more than four self- propelled vehicles or automobiles, and
which is not used for commercial repair or servicing operations.
(3) PUBLIC GARAGE. Any garage not included as a private

garage.
(4) REPAIR WORK. Carbon and lead burning, welding, or any

other process involving open flame or spark emitting device, devices, or the use
of machine tools.
('67 Code, § 92.45)
(B) Adoption of standards. The "Standard for Garages," NFPA No. 88,
l968 edition, is incorporated in this section by reference and shall be the
minimum standard of adequacy for all public garages as defined in the preceding
division. ('67 Code, § 92.46)
(C) Commercial parking facilities. Commercial parking facilities shall be

governed by the provisions of § 94.051 herein and the applicable provisions of
NFPA No. 88. In case of conflict between the provisions of that section and
NFPA No. 88, the more restrictive provisions shall prevail. ('67 Code, § 92.47)
(D) Administrative Building Council Regulations. Refer to Chapter 115,

Administrative Building Council Building Rules and Regulations. ('67 Code, §
92.48)
§ 94.057 MATCHES.
(A) Manufacture, storage and sale. No person shall manufacture, store, or
sell matches exceeding in aggregate 25 cases without securing a permit from the
Chief of the Fire Department. ('67 Code, § 92.145)
(B) Permit application. Application for permit shall be made in writing and
shall set forth in detail the location of proposed storage or place of sale,
character of builing construction, location of storage, or place of sale within the
building, kind of matches involved, and type of containers. If, after an inspection
of premises, the provisions of this chapter are found to have been complied with,
a permit shall be issued. ('67 Code, § 92.146)
(C) Wholesale storage.
(1) At wholesale establishments and wherever more than 25 cases

of matches are stored, shipping containers containing matches shall be arranged
in piles not exceeding 12 feet in height nor 25,000 cubic feet in volume. The pile
units shall be separated from each other and from other combustible material by
a clear space of not less than four feet.
(2) Where other materials or commodities are stored on the same
floor with matches, a corner or other portion of the room shall be devoted to
match storage exclusively.
(3) No matches shall be stored within ten feet of any open elevator
shaft, elevator shaft opening, open stairway, or other vertical opening.
(4) Where shipping containers containing matches are opened, the

contents of the broken containers shall be removed and stored in metal or metal
lined bins equipped with spring self- closing metal or metal lined covers. ('67
Code, § 92.147)
(D) Where matches are sold at retail, original sealed packages may be
stored on shelves. When these packages are broken, individual boxes shall be
stored in metal or metal lined bins as described in division (C) above. ('67 Code,
§ 92.148)
§ 94.058 PYROXYLIN PLASTICS.
(A) Scope and adoption of standards. The equipment, processes, and
operation for the storage or handling of pyroxylin plastic shall comply with NFPA
No. 42, "Storage, Handling and Use of Pyroxylin Plastics in Factories," l967, and
NFPA No. 43, "Storage and Sale of Pyroxylin Plastic in Warehouses and
Wholesale, Jobbing, and Retail Stores," l967, which are adopted by reference.
('67 Code, § 92.123)
(B) Permit required. All retailers, jobbers, and wholesalers storing or

handling more than 100 pounds of pyroxylin plastic shall obtain a permit from the
Fire Department. A permit shall also be required for the manufacture of articles
of pyroxylin plastic, which shall include the use of pyroxylin plastic in the
manufacture or assembling of other materials. ('67 Code, § 92.124)
REGULATION OF HAZARDOUS CHEMICALS
§ 94.065 STORAGE.
(A) Regulation. The Chief of the Fire Department may restrict the
storage, handling, and sale of chemicals and chemical compounds which are of a
corrosive or poisonous nature, or which materially increase the fire hazard. The
minimum standard of adequacy pertaining to the storage of hazardous chemicals
shall be the NFPA No. 49, l971 Edition, "Hazardous Chemicals Data": NFPA No.
49lM, l971 Edition, "Manual of Hazardous Chemical Reactions and Chemical
Safety Data Sheets," published by Manufacturing Chemists Association, 1825
Connecticut Avenue, N.W. Washington, D.C. 20009. The Fire Department shall
use the above materials as a guideline for its regulations. Where kept in
containers or packages usual to the retail trade, no general restriction shall apply
other than that shelving shall be of substantial construction and that storage shall
be neat and orderly. ('67 Code, § 92.78)
(B) Storage.
(1) For storage of hazardous chemicals in warehouses, factories,

and wholesale stores, material of an oxidizing nature, such as nitrates, nitrites,
chlorates, and the like, shall be stored in dry places, and storage shall be in a
separate room or building when the quantity stored constitutes a material hazard.
(2) Bulk storage or storage of two or more carboys of acid shall be

outside in a yard or an enclosure, or properly protected on the roof of the
building, or in a special room provided with a suitable container for the character
of acid in case of breakage or leak.
(3) Any chemical which is of a nature which in combination with

other substances may bring about a fire or explosion or may liberate a hazardous
or poisonous gas shall be separated or isolated from the source of danger. The
Chief of the Fire Department may require separation from other storage facilities,
dwellings, places of assembly, educational occupancies, railroads, and public
highways when the quantity stored constitutes a material hazard. ('67 Code, §
92.79)
§ 94.066 ADMINISTRATIVE BUILDING COUNCIL RULES AND
REGULATIONS.
Refer to Chapter 113, Administrative Building Council Building Rules and
Regulations.
('67 Code, § 92.80) (Ord. 13-l973, passed 12-17-73)
CALCIUM CARBIDE AND ACETYLENE
§ 94.070 PACKAGING.
(A) Calcium carbide shall be contained in metal packages of sufficient
strength to prevent rupture. The packages shall be provided with a screw top or
equivalent. These packages shall be constructed water-and-air-tight. Solder
shall not be used in such a manner that the package would fail if exposed to fire.
(B) Packages containing calcium carbide shall be conspicuously marked

"Calcium Carbide-Dangerous If Not Kept Dry" or with equivalent warning.
§ 94.071 STORAGE; LOCATION.
(A) Storage.
(1) No person shall store or keep calcium carbide in excess of 200

pounds, nor operate an acetylene generator having a carbide capacity exceeding
five pounds, without a permit.
(2) Calcium carbide in excess of 600 pounds, but not in excess of

5,000 pounds, may be stored in a separate room or compartment inside a one-
story building containing another occupancy, provided such room or
compartment is separated by a fire-resistive partition from other parts of the
building, and without a cellar or basement underneath the carbide storage
section. This room or compartment may also be used for storage of fuel gas
cylinders, but shall be used for no other purpose. Adequate ventilation shall be
provided.
(3) Calcium carbide, not in excess of 5,000 pounds, may also be

stored within an inside generator room or compartment of construction as
required by this section when that generator room or compartment is located in a
one-story building without cellar or basement underneath the generator section.
The generator room or compartment may also be used for the storage of fuel gas
cylinders but shall be used for no other purpose.
(4) Calcium carbide in excess of 5,000 pounds shall be stored

above ground in one-story buildings without cellar or basement, and used for no
other purpose, except the storage of fuel gas cylinders or an outside generator
house.
(5) The walls, partitions, doors, floors, and ceilings of inside

generator rooms shall be of noncombus-tible construction having a fire-
resistance rating of at least one hour. The walls or partitions shall be continuous
from floor to ceiling and shall be securely anchored. At least one wall of the room
shall be an exterior wall.
('67 Code, § 92.82)
(B) Location. Location of storage buildings shall be outside congested

mercantile and manufacturing districts. Construction used shall be such as to
ensure a dry water-proof building. Adequate ventilation shall be provided. If a
storage building is of incombustible construction, it may adjoin other one-story
buildings if separated therefrom by unpierced fire walls. If detached less than ten
feet from the building or buildings, there shall be no opening in any of the
mutually exposed sides of the buildings within that distance. If the storage
building is of combustible construction it shall not be within 20 feet of any other
one- or two-story building, nor within 30 feet of any other building exceeding two
stories. ('67 Code, § 92.83)
(C) Outside storage buildings.
(1) Calcium carbide in unopened metal containers may be stored

outdoors.
(2) Carbide containers to be stored outdoors shall be carefully

examined to make sure that they are in good condition. Periodic re-examinations
shall be made for rusting or other damage to a container that might affect its
water- or air-tightness.
(3) Containers should be stored horizontally in single or double
rows. Ample space should be provided between rows or pairs of rows to
facilitate periodic re-examination and the removal of containers found defective.
The bottom tier of each row shall be placed on wooden planking or equivalent, so
that the containers will not come in contact with the ground or ground water.
(4) Storage areas shall be at least ten feet from lines of adjoining
property that may be built upon.
(5) Containers of carbide which have been in storage the longest

shall be used first.
('67 Code, § 92.84)
§ 94.072 PERMIT REQUIRED FOR ACETYLENE GAS GENERATOR.
No person shall erect, maintain, or use any acetylene gas generator or
machine for which a permit is required until the plans for the installation shall
have been approved by the Fire Department. The minimum standard of
adequacy to be applied shall be the National Fire Protection Association
Standard No. 51A, "Acetylene Cylinder Charging Plants," l971.
GASES
§ 94.080 STANDARD FOR HANDLING AND STORAGE.
The storage, handling, and use of flammable and designated
nonflammable gases and the design, construction, installation, location, and use
of designated equipment, tools, and gas systems shall be in conformity with the
standards of Vol. 2 of the "National Fire Codes," l971-l972, published by the
NFPA, which standards are adopted by reference. The specific NFPA standards
adopted in this chapter are:
(A) 37, "Stationary Combustion Engines and Gas Turbines", l970.
(B) 50, "Bulk Oxygen Systems at Consumer Sites", l971.
(C) 50A, "Gaseous Hydrogen Systems at Consumer Sites", l969.
(D) 50B, "Liquefied Hydrogen Systems at Consumer Sites", l971.
(E) 51, "Welding and Cutting", l969.
(F) 51B, "Cutting and Welding Processes", l971.
(G) 56A, "Inhalation Anesthetics", l971.
(H) 56B, "Inhalation Therapy", l968.
(I) 56D, "Hyperbaric Facilities", l970.

(J) 56F, "Nonflammable Medical Gas Systems", l970
(K) 57, "Fumigation Standard," l968.
(L) 59, "Liquefied Petroleum Gases at Utility Gas Plants", l968.
(M) 59A, "Liquefied Natural Gas Production, Storage, and Handling",

l971.
§ 94.081 GAS SERVICE.
(A) Gas mains and gas service piping shall conform to the provisions of
A.N.S.I. (American National Standards Institute) B31.8, l968, and the United
States Department of Transportation minimum safety standards for transportation
of natural and other gas by pipeline, Vol. 35, Federal Register, No. 161, August
19, l970, which are adopted by reference as though set out in full.
(B) Gas appliances and gas house line piping systems shall conform to
the provisions of NFPA, No. 54, l969 edition, "Standard for the Installation of Gas
Appliances and Gas Piping," (see modification in § 94.084) and NFPA No. 54 A
the "Standard for the Installation of Gas Piping and Gas Equipment on Industrial
and Certain Other Premises," l969 edition. Gas appliances and piping shall also
conform to the requirements of the serving gas supplier and the specific
provisions which follow.
(C) In the event of a conflict between any provisions of the standards, the
more stringent requirement shall apply.
§ 94.082 SHUT-OFF VALVES.
(A) An outside valve (service line valve) shall be installed on every gas
service pipe that supplies a commercial or industrial user, on every service pipe
two inches or larger in diameter and on every gas service pipe that serve a
PLACE OF PUBLIC ASSEMBLY as defined in the "Indiana Administrative
Building Council Rules and Regulations."
(B) Shut-off cocks and valves shall be placed in suitable stop or valve
boxes the covers of which shall bear the name of the company to which they
belong and the valves if necessary shall be tagged to properly identify their
purpose.
§ 94.083 FLUE; WHEN REQUIRED.
(A) Any appliance which consumes large quantities of gas in relation to
room volume (see NFPA 54, l969, section 5.1.2) or which is either automatically
or remotely controlled, shall be connected to an adequate flue or shall be
provided with mechanical exhausting means so interlocked as to interrupt the
gas supply if the exhausting means should fail.
(B) All space heating equipment other than specifically engineered
installations in commercial applications that conform to the requirements of NFPA
No. 54, l969, shall be connected to an adequate flue.
(C) Any gas appliance, other than a domestic clothes dryer, equipped with
a vent collar shall be connected to an effective flue or vent.
§ 94.084 MODIFICATIONS OF NFPA NO. 54.
The following modifications and clarifications of NFPA, No. 54, shall be
complied with. All references are preceded by an identification number which
refers to the subject section in NFPA, No. 54, l969.
(A) Section 2.55. Trailers shall be connected to the gas piping system
with rigid pipe only. A swing type connection shall be made to absorb minor
movement caused by ground shifts and foundation settling.
(B) Section 2.8.2. Tubing shall not be run inside nor pass through walls
or partitions.
(C) Section 2.10.15.B. Gas piping shall not be used as an electric

ground.
(D) Section 3.7.1. All appliances having an external electric power source
shall be provided with an electrical shut off or disconnect device in the same
room with and within six feet of the appliance. Household appliances such as
dryers, ranges, grills with rotisserie motors, and the like, do not require a
separate disconnect device if they are connected by means of a standard supply
cord with either two- or three-prong connector and the supply outlet to which they
are connected is readily accessible to the appliance cord and in the same room
with the appliance.
(E) Section 4.61. All heating equipment for residential use shall be of the
vented type.
(F) Section 5.7. Single-wall metal pipe shall not be used for external
(outdoor) vent systems.
§ 94.085 MAINS TO BE BURIED.
All gas distribution mains shall be buried to the meter or regulation riser in
accordance with ANSI B31.8.
LIQUEFIED PETROLEUM GASES
§ 94.095 APPLICABLE REGULATIONS.
Sections 94.095 through 94.098 shall apply to the design, construction,
location, and operation of a compressed or liquefied petroleum gas installation
and the storage and handling of other gas which is flammable.
('67 Code, § 92.86) (Ord. 13-l973, passed 12-17-73)
§ 94.096 LICENSES, PERMITS.
(A) No person shall engage in the business of installing liquefied or other
type of compressed gas system or equipment used on connection with such
systems without first securing a license from the Fire Department. These
licenses shall be renewed annually and shall be subject to revocation on violation
of any of the provisions of this chapter or adopted standards affecting such
systems.
(B) An application for a permit accompanied by plans shall be made to the

Chief of the Fire Department for all systems connected to liquefied petroleum or
other compressed gas storage container or containers which exceed an
aggregate of 150 gallons water capacity and are located within fire zone one, as
defined in § 94.006 of this chapter.
(C) In the case of systems of 150 gallons or lesser capacity or systems

located outside the fire district, the installer shall file a written notification with the
Chief of Fire Department indicating the date of each installation and the location
of the premises where the installation has been made. This notification shall be
filed on or before the date of installation.
§ 94.097 INSTALLATION STANDARDS.
All liquefied petroleum gas installations shall conform to the provisions of
NFPA standard for the storage and handling of liquefied petroleum gases, No.
58, l969, the NFPA standard for the installation of gas appliances and gas piping,
No. 54, l969 (see § 94.084) and NFPA standard for the installation of gas piping
and gas equipment or industrial premises, No. 54A, l969, which are adopted by
reference as though set out in full.
§ 94.098 MODIFICATION OF NFPA NO. 58.
Section 1.2d of NFPA standard No. 58, l969, is amended to read as
follows:
(A) The provisions of this standard shall be retroactive and shall apply to
existing plants, appliances, equipment, buildings, structures, and installations for
the storage, handling, or use of liquefied petroleum gas.
(B) Standard No. 58 shall apply to existing stocks of equipment and

appliances on hand in such locations as manufacturer's storage, distribution
warehouses, and dealer's storage and showrooms.
(C) Only those requirements of standard No. 58 which would be clearly

impractical and cause a severe hardship may be modified by the Chief of the Fire
Department and then only if such modification does not constitute a distinct
hazard to life or adjoining property.
('67 Code, § 92.89) (Ord. 13-l973, passed 12-17-73)
FLAMMABLE LIQUIDS
§ 94.105 ADOPTION OF NFPA; MODIFICATIONS.
(A) NFPA No. 30, flammable and combustible liquids code, l969 Edition,
is adopted and incorporated in this chapter by reference as though set out in full
with the following amendments and additions. ('67 Code, § 92.96)
(B) Section 7260 of NFPA 30 is amended to read as follows:
(1) The installation and use of unattended coin-operated

dispensing devices for gasoline in its sale to the public is prohibited.
(2) No person other than the service station owner or an

authorized employee shall use or operate any motor fuel dispensing equipment
at any service station.
(3) Emergency controls shall be installed in an acceptable location

not more than 100 feet from dispensers.
('67 Code, § 92.99)
(Ord. 13-l973, passed 12-17-73)
§ 94.106 PERMITS.
(A) A permit shall be obtained for any of the following:
(1) Storage, handling, or use of Class lA or Class lB flammable

liquids in excess of one gallon in a dwelling or other place of human habitation; or
in excess of ten gallons outside of any building; except that no permit shall be
required for the following:
(a) The storage or use of flammable liquids in the fuel tank

of a motor vehicle, aircraft, motorboat, mobile power plant, or mobile heating
plant.
(b) The storage or use of paints, oils, varnishes, or similar

flammable mixtures when such liquids are stored for maintenance, painting, or
similar purposes for a period of not more than 30 days.
(2) Storage, handling, or use of Class II or III flammable liquids in

excess of 25 gallons in a building; or in excess of 60 gallons in a building; or in
excess of connection with oil burning equipment.
(3) For the manufacture, processing, blending, or refining of

flammable liquids.
(4) For the storage of flammable liquids in stationary tanks.

('67 Code, § 92.100)
(B) All permits shall state the nature of the business of the applicant, the
maximum quantity of each class of liquid to be kept, and the location of the
storage. Permits shall be listed as follows: garage permit (with or without
storage); storage permit; retail dealers permit; painter's permit, including spray
painting; paint and oil dealer's permit; jobber's permit; manufacturer's permit; dry
cleaner's or dyer's permit. ('67 Code, § 92.101)
§ 94.107 HEATING AND LIGHTING APPLIANCES MAY BE PROHIBITED.
The Chief of the Fire Department may prohibit the use of any type, kind,
or make of heating or lighting appliances using flammable liquids which has not
been tested by him or some competent authority and found to be properly
safeguarded, or which is not installed so as to provide reasonable protection
against life or property.
('67 Code, § 92.102) (Ord. 13-l973, passed 12-17-73)
§ 94.108 STORING LIQUIDS NEAR EXITS.
No class I liquids including stock for sale may be stored within ten feet of
any stairway, elevator, or exit, except when in sealed containers in a space
separated from the stairway, elevator, or exit by a fire-resistive partition.
§ 94.109 LIMITATIONS ON HANDLING IN CERTAIN BUILDINGS.
The using, mixing, storing, or handling of class I liquids in open containers
is prohibited in any store in any building, housing more than two families or in a
frame building housing more than one family; provided, this shall not apply to
drug stores where flammable liquids are used in making and compounding
medicinals and prescriptions.
§ 94.110 STORAGE OF BARRELS AND DRUMS.
(A) Within the limits of the fire district, barrels and drums containing class
I, II, or III liquids stored outside any building shall not be piled upon each other
nor stored in a passageway or beneath any window and no open lights shall be
permitted in any such storage yard. Other requirements of NFPA No. 30 shall be
followed and if there is a conflict with this section, the more strict requirements
shall prevail. ('67 Code, § 92.105)
(B) Drums or barrels for flammable liquids shall have caps, plugs, and
bungs replaced immediately after package is emptied. ('67 Code, § 92.107)
§ 94.111 FLASH POINT.
In determining the flash point of flammable liquids all tests shall be made
in accordance with methods as adopted by the American society for testing
materials, but the tag, closed tester, standardized by the United States Bureau of
Standards, shall be authoritative in case of dispute.
§ 94.112 SMOKING PROHIBITED.
In all rooms or parts of buildings which contain flammable liquids in open
containers, or in which the vapors from flammable liquids are present or in which
flammable liquids are used in any manufacturing process, smoking is prohibited
and shall be a misdemeanor. Suitable "No Smoking" signs shall be displayed.
§ 94.113 REFINERIES.
No permit shall be granted for the establishment of a new plant or an
addition to a plant for refining, distilling, or condensing petroleum and natural gas
within the limits of the city until after a survey has been made by the Chief of the
Fire Department and an investigation made of all hazardous conditions
connected therewith. If there are no schools, churches, hospitals, or public halls
within 300 feet, and no other buildings than those of the plant within 150 feet of
the proposed distilling or condensing plant, and other conditions are consistent
with the spirit and intent of this title, the Chief of the Fire Department shall grant a
permit for the location desired; provided, also, a guarantee to maintain an open
space 150 feet on all sides shall be given by the applicant.
('67 Code, § 92.109) (Ord. 13-l973, passed 12-17-73)
§ 94.114 WARNING LABELS.
Containers for flammable liquids with flash points not in excess of 150°F.
shall be labeled in accordance with NFPA standard No. 326, l951 edition, which
is adopted by reference.
§ 94.115 PORTABLE CONTAINERS.
No class I liquid shall be sold or filled into any drum, can, or other portable
container unless the container is of metal and is colored red and labeled with the
common name of the product and with the word "Flammable". ('67 Code, §
92.111) (Ord. 13-l973, passed 12-17-73) Penalty, see § 94.999
§ 94.116 NO CONNECTION TO DRAINS.
All connections from tank to any house or sub-surface drainage system
shall be so arranged as to prevent the flow of flammable liquid to any such
system or the leakage of any flammable gases from such liquid, or approved
flammable liquid collectors shall be provided in such connection.
§ 94.117 PUMPS.
(A) Pumps delivering to or taking supply from above-ground storage tanks
shall be provided with valves on both suction and discharge of pumps, and in
delivering to tanks a check valve to prevent flow of liquid from tank to pump.
Electric motors, unless of approved explosion-proof type, and internal
combustion engines shall not be placed beneath tanks or elsewhere within the
line of vapor travel. ('67 Code, § 92.113)
(B) Except as permitted in § 94.121, flammable liquids shall be drawn

from tanks by pumps so constructed as to prevent leaking or splashing, or by
some other system approved by the Chief of the Fire Department with controlling
apparatus and piping so arranged as to allow control of the amount of discharge
and prevent leakage or discharge inside the building by any derangement of the
system. When inside a building, the pump or other drawing-off device for class I
liquids shall be located on or above the grade floor, preferably near an entrance
or other well-ventilated place. ('67 Code, § 92.117)
§ 94.118 LEAKY PIPES.
Defective and leaky pipes shall be made tight immediately or replaced.
§ 94.119 DELIVERIES TO STORAGE TANKS.
Deliveries of class I liquids, where practical shall be made directly to the
storage tank through the filling pipe by means of a hose or pipe between the
filling pipe and barrel, tank wagon, or tank car from which such liquid is being
drawn.
§ 94.120 PIPES FOR CLASS I LIQUIDS.
Pipes carrying class I liquids, unless without joints or connections, shall
not extend through any room which contains any open light or fire.
§ 94.121 NO GRAVITY FEEDS PERMITTED; EXCEPTIONS.
(A) Except as permitted in division (B), no tanks, drums, nor other
containers inside a building, or discharging inside a building, shall be provided
with a faucet or other bottom-drawing device which will permit the gravity flow of
liquids inside the building. Pipes shall not terminate at an point lower than the
level of source of supply. ('67 Code, § 92.118)
(B) The Chief of the Fire Department may permit the storage and gravity
flow of flammable liquids in connection with domestic oils burning equipments, in
refineries and in manufacturing and jobbing plants where the nature of the
manufacturing process requires such storage and flow, and also the storage and
gravity flow of commodities of flammable liquids in stores, plants and
establishments where the nature of the liquids will not permit pumping. ('67
Code, § 92.ll9)
§ 94.122 RELIEF VALVES.
In systems using pumps to supply auxiliary tanks or headers which feed
internal combustion engines or fuel oil burners, provisions shall be made to
return surplus oil to the supply tank. Any valve installed in the line shall be of
pressure relief type.
§ 94.123 TANK MOTOR VEHICLES TO COMPLY WITH NFPA NO. 385.
Tank motor vehicles to be used for the transportation of asphalt or
normally stable flammable and combustible liquids with a flash point below
200°F. shall comply with the minimum requirements of NFPA No. 385, l966
Edition, standard for tank vehicles for flammable and combustible liquids which is
adopted by reference, and with § 94.124.
§ 94.124 PARKING OF TANK VEHICLES.
(A) Except in an emergency no tank vehicle shall be left unattended on
any street, highway, avenue, or alley, provided that this shall not prevent a driver
from the necessary absence from the truck in connection with the delivery of his
load, except that during actual discharge of the liquid, some responsible person
shall be present at the vehicle, nor shall it prevent stops for meals during the day
or night if the street is well lighted at point of parking.
(B) Tank vehicles containing flammable or combustible liquids shall not be

parked out of doors at any one point for longer than one hour, except off the
streets, and at least 25 feet from any buildings used for assembly, institutional, or
residential occupancy.
(C) Tank vehicles shall not be parked or garaged in any buildings other
than those specifically approved for such use by the Chief of the Fire
Department.
COMBUSTIBLE FIBRES
COMBUSTIBLE FIBRES. Includes readily ignitable and free burning

fibres such as cotton, sisal, henequen, ixtle, jute, hemp, tow, cocoa fibre, oakam,
baled waste, kapok, hay, straw, Spanish moss, excelsior, certain synthetic fibres,
and other like materials.
('67 Code, § 92.140) (Ord. 13-l973, passed 12-17-73)
§ 94.131 STORAGE.
(A) Loose combustible fibres (not suitable bales or packages), whether
housed or in the open, shall not be stored within 100 feet of any building except
as hereinafter specified.
(B) Not more than 100 cubic feet of loose combustible fibre may be kept
in any building provided storage is in a metal-lined wooden bin, equipped with a
self-closing, metal-lined cover.
(C) Quantities exceeding 100 cubic feet of loose combustible fibre, but
not exceeding 500 cubic feet, may be stored in rooms or compartments having
floor, walls, and ceiling having a fire resistance rating of not less than one hour.
For this purpose, construction consisting of 1/2 inch approved asbestos or plaster
board covered with sheet metal and securely fastened by two inch nails, will be
considered satisfactory. Openings into such rooms or compartments shall be cut
off from other parts of the building by approved fire doors.
(D) Quantities exceeding 500 cubic feet of loose combustible fibre may be
stored in approved vaults, constructed as follows:
(1) Storage vaults shall preferably be located outside of buildings.
If located inside, safety vents to outside air shall be provided.
(2) Walls, floors, and ceilings shall be constructed of brick or other

approved non-combustible material. Roofs of outside vaults shall likewise be of
non-combustible material, but may be so constructed as to readily give way in
case of an internal explosion.
(3) Openings, if any, between vault and main buildings shall be

protected on each side of the wall by an approved fire door. Wall openings in
outside vaults exposing other property (not sufficiently detached to be considered
cut off) shall be protected by approved fire doors or equivalent.
(4) Vaults located within buildings and exceeding 1,000 cubic feet
storage capacity shall be protected by approved automatic sprinklers, if possible.
Where such protection is not available steam jets or inert gas systems approved
for fire extinguishing purposes shall be installed.
(5) Not more than 2,500 cubic feet of loose fibre may be stored in
detached "loose-house" suitably located, with openings properly protected
against entrance of sparks. The "loose-house" shall be used for no other
purpose.
('67 Code, § 92.141)
(E) No single block or pile shall contain more than 25,000 cubic feet of
fibre exclusive of aisles or clearances. Blocks or piles of baled fibre shall be
separated from adjacent storage by aisles not less than five feet wide; or by flash
fire barriers consisting of continuous sheets of non-combustible material
extending from floor to a height of at least one foot above the highest point of
piles and projecting at least one foot beyond the sides of the piles.
(F) Sisal and other fibres in bales bound with combustible tie ropes, also
jute and other fibres liable to swell when wet, shall be stored to allow for
expansion to the extent of 20% of their bulk in any direction without endangering
building walls, ceilings, or columns. Not less than three feet clearance shall be
left between walls and sides of piles, except that if storage compartment is not
more than 30 feet in width, one foot clearance at side walls will be sufficient,
provided a center aisle not less than five feet wide is maintained. Not less than
three feet clearance shall be maintained between sprinkler pipes and tops of
piles.
('67 Code, § 92.142)
§ 94.132 FIRE EXTINGUISHING EQUIPMENT REQUIRED.
Adequate fire extinguishing equipment shall be provided for all
combustible fibres storage areas. The Fire Department should be consulted to
determine adequacy. See §§ 94.l93 and 94.200 through 94.204 herein.
§ 94.133 AGRICULTURAL PRODUCTS.
Unlimited quantities of hay, straw, and other agricultural products may be
stored in or near farm buildings located outside closely built areas.
PYROTECHNICS; AMMUNITION, PRIMERS, AND THE LIKE
PYROTECHNICS. Any fireworks or other devices or composition used to

obtain visible or audible pyrotechnic display, including, but not limited to, squib,
lights, railroad track torpedo, or flashlight composition. ('67 Code, § 92.167)
SMALL ARMS AMMUNITION. Any shotgun, rifle, pistol, or revolver

cartridges. ('67 Code, § 92.172)
SMALL ARMS AMMUNITION PRIMERS.

Small percussion-sensitive explosive charges encased in a cup, used to ignite
propellant powder. ('67 Code, § 92.180)
SMOKELESS PROPELLANTS. All solid propellants, commonly called

smokeless powders, used in small arms ammunition, rockets, propellant-
actuated power devices, and the like. ('67 Code, § 92.175)
(Ord. 13-l973, passed 12-17-73)
§ 94.141 POSSESSION PROHIBITED.
(A) No person shall have, keep, store, use, manufacture, sell, handle, or
transport any pyrotechnics; provided, however,
(1) That nothing in this chapter shall be held to apply to the

possession or use of signaling devices for current daily consumption by railroads,
vessels, and others requiring them.
(2) That nothing in this chapter shall be held to apply to the

possession, sale, or use of normal stocks of flashlight compositions by
photographers or dealers in photographic supplies.
(B) The Fire Department may, upon due application, issue a permit to a
properly qualified person for giving a pyrotechnic display of fireworks in the public
parks or other open places. Such permits shall impose such restrictions as, in
the opinion of the Chief of the Fire Department, may be necessary to properly
safeguard life and property in each case.
(C) Before a permit for a pyrotechnic display in the city shall be issued,
the applicant shall post or maintain with the Fire Department a policy of public
liability insurance, conditioned substantially as follows: That the holder of the
permit will indemnify and save harmless the city, its officers, agents, and
employees from any and all loss, costs, damages, or expenses, by reason of
legal liability which may result from or arise out of the granting of such a permit,
or the pyrotechnics display for which a permit is issued, and that the holder of the
permit will pay any and all loss or damage that may be sustained by any person
resulting from or arising out of
the illegal or negligent operation of the pyrotechnics display.
(D) The limits of liability coverage upon such policy shall in no case be
less than $100,000 for death or injury of one person, $300,000 for total liability for
death or personal injury arising out of any one event or casualty, and $25,000 for
property damage.
§ 94.142 LICENSING OF OPERATOR.
(A) No person shall give or operate a pyrotechnics display in the city
without first obtaining a license from the Chief of the Fire Department.
(B) The Chief of the Fire Department shall collect from each applicant an
annual license fee of $20.
(C) The application for the license shall set forth information as the Chief
of the Fire Department may prescribe including the following information:
(1) The name of the organization sponsoring the display together

with the names of persons actually in charge of the firing of the display.
(2) A description setting forth the qualifications, age, experience,

and physical characteristics of the persons who are to do the actual discharging
of the fireworks.
(3) The manner and place of storage of such fireworks prior to the
display.
(D) The person in actual charge of the firing of the fireworks in a display
shall be able-bodied, at least 21 years of age, qualified and competent for the
task. Such operator shall have his license and permit in his possession when
engaged in conducting a display and shall exhibit same on request of any
authorized person. Each person assisting the licensed operator shall be at least
21 years of age and able-bodied.
§ 94.143 INTRASTATE TRANSPORTATION OF SMALL ARMS AMMUNITION.
In addition to the other applicable requirements in this chapter, the
intrastate transportation of small arms ammunition, small arms ammunition
primers, and smokeless propellants shall be in accordance with current United
States Department of Transportation regulations.
§ 94.144 PROVISIONS OF CHAPTER WHICH DO NOT APPLY.
The provisions of this chapter do not apply to in-process storage and intra-
plant transportation during manufacture of small arms ammunition, small arms
primers, and smokeless propellants.
('67 Code, § 92.171) (Ord. 13-l973, passed 12-17-73)
§ 94.145 MANUFACTURE OF SMALL ARMS AMMUNITION PROHIBITED.
No person shall manufacture within the limits of the city any small arms
ammunition. This shall not apply to hand loading of small arms ammunition
prepared for personal use and not for resale.
§ 94.146 STORAGE OF SMALL ARMS AMMUNITION.
(A) No quantity limitations shall be imposed on storage of small arms
ammunition in warehouses, retail stores, and other general occupancies, except
those imposed by limitations of storage facilities and consistency with public
safety.
(B) Small arms ammunition shall be separated from flammable liquids,

flammable solids, (as classified by United States Department of Transpor- tation),
and oxidizing materials by a fire-resistive wall of one hour rating or by a distance
of 25 feet.
(C) Small arms ammunition shall not be stored together with Class A or
Class B explosives (as defined by United States Department of Transportation
regulations) unless the storage facility is adequate for this latter storage.
§ 94.147 TRANSPORTATION OF SMOKELESS PROPELLANT.
(A) Quantities of smokeless propellants in shipping containers approved
by the United States Department of Transportation not in excess of 25 pounds
may be transported in a passenger vehicle.
(B) Quantities in excess of 25 pounds but not exceeding 50 pounds in a

passenger vehicle shall be transported in a portable magazine having wooden
walls of at least one inch normal thickness.
(C) Transportation of quantities in excess of 50 pounds is prohibited in

passenger vehicles.
('67 Code, § 92.176)
(D) Transportation of quantities in excess of 50 pounds in other than

passenger vehicles shall be in accordance with United States Department of
Transportation regulations, except that warning placards shall be prominently
displayed when more than 250 pounds are being transported. ('67 Code, §
92.177)
§ 94.148 STORAGE OF SMOKELESS PROPELLANTS.
(A) All smokeless propellants shall be stored in United States Department
of Transportation approved shipping containers.
(B) Smokeless propellants intended for personal use in quantities not to

exceed 20 pounds may be stored in original containers in residences; quantities
over 20 pounds but not to exceed 50 pounds may be stored in residences in a
wooden box or cabinet having walls of at least one inch normal thickness.
('67 Code, § 92.178)
(C) Not more than 20 pounds of smokeless propellants, in containers of

one pound maximum capacity, shall be displayed in commercial establishments.
Commercial stocks of smokeless propellants over 20 pounds and not more than
100 pounds shall be stored in approved portable wooden boxes having walls of
at least one inch nominal thickness.
(D) Commercial stocks in quantities not to exceed 750 pounds shall be

stored in nonportable storage cabinets having wooden walls of at least one inch
nominal thickness. Not more than 400 pounds shall be permitted in any one
cabinet.
(E) Quantities in excess of 750 pounds shall be stored in magazines

constructed and located as specified in the state law on explosives.
('67 Code, § 92.179)
§ 94.149 TRANSPORTATION AND STORAGE OF SMALL ARMS AMMUNITION
PRIMERS.
(A) Small arms ammunition primers shall not be transported or stored
except in the original shipping container approved by the United States
Department of Transportation. ('67 Code, § 92.181)
(B) Truck or rail transportation of small arms ammunition primers shall be

in accordance with United States Department of Transportation regulations.
(C) Not more than 25,000 small arms ammunition primers shall be
transported in a passenger vehicle. ('67 Code, § 92.182)
§ 94.150 STORAGE OF PRIMERS.
(A) Not more than 10,000 small arms ammunition primers may be stored
in residences. Not more than 10,000 small arms ammunition primers may be
displayed in commercial establishments. ('67 Code, § 92.183)
(B) Small arms ammunition primers shall be separated from flammable

liquids, flammable solids (as classified by the United States Department of
Transportation), and oxidizing materials by a fire-resistive wall of one hour rating
or by a distance of 25 feet.
(C) Not more than 750,000 small arms ammunition primers shall be
stored in any one building, except as provided in division (D) below; not more
than 100,000 shall be stored in any one pile, and piles shall be at least 15 feet
apart.
(D) Quantities of small arms ammunition primers in excess of 750,000

shall be stored in magazines in accordance with state law on explosives.
('67 Code, § 92.184)
EXPLOSIVES
EXPLOSIVES. Any chemical substance, whether solid, liquid, or gaseous,

and whether a mixture or a single compound, used or capable of use to produce
an explosive chemical reaction liberating at high speed heat and gas and causing
thereby tremendous pressure.
FIXED EXPLOSIVES. Any explosive to which there is affixed or attached,

or with which is transported, stored, or in close proximity thereto a detonator or
any chemical compound or mechanical mixture that contains any oxidizing and
combustible units, or other ingredients, in such proportion, quantities, or packing
that an ignition by fire, by friction, by concussion, by percussion, or by detonator,
of any part of the compound or mixture may cause such a sudden generation of
highly heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects or of destroying life or limb
and shall include but not be limited to all types of ammunition, bombs, bullets,
cannisters, cartridges, charges, cluster, dynamite, projectiles, rockets, shells,
shot, shrapnel, war heads, and powder; provided, this definition shall include
any small arms ammunition or signal rockets, or devices or compositions used to
obtain visible or audible pyrotechnic effects, which are covered by §§ 94.140
through 94.150.
MAGAZINE. Any building or structure approved for the storage of

explosives.
('67 Code, § 92.149) (Ord. 13-l973, passed 12-17-73)
§ 94.161 MANUFACTURE PROHIBITED.
No person shall manufacture any explosives or fixed explosives within the
city. This prohibition shall not apply to the manufacture of explosives or fixed
explosives in experimental and analytical laboratories, permission for which has
been obtained in writing from the Chief of the Fire Department or in the
laboratories of colleges and similar institutions under proper supervision for the
purpose of investigation and instruction. This prohibition also shall not apply to
hand loading of small arms ammunition for personal use when not for resale.
§ 94.162 PERMIT REQUIRED.
No person shall have, keep, use, or store any explosives or fixed
explosives in violation of state law, any rules or regulations of the State Fire
Marshal, this chapter, or without a permit from the Fire Department.
§ 94.163 TRANSPORTATION OF EXPLOSIVES.
(A) No person shall transport or carry any explosive or fixed explosive in
or upon any public conveyance which is carrying passengers for hire. ('67 Code,
§ 92.151)
(B) Every vehicle while carrying explosives, or fixed explosives shall have
painted on its front, sides and back, in easily legible letters at least six inches
high, the words, "Explosives - Dangerous", or in lieu thereof, shall display upon
an erect pole on the front end of such vehicle and at such height that it shall be
visible from all directions, a red flag with the word, "Danger" at least 18 inches by
30 in size and the letters thereof shall be at least six inches high.
(C) No person in charge of a vehicle containing such explosive or fixed

explosives shall smoke in or upon such vehicle, drive the vehicle while
intoxicated, drive the vehicle or conduct himself in a careless or reckless manner,
load or unload such vehicle in a careless manner, or while smoking or
intoxicated.
(D) No person shall place or carry in the bed or body, or cause to be

placed or carried in the bed or body of any vehicle containing such explosives or
fixed explosives, any metal tool or other piece of metal unless contained in a box
or other container approved by the Captain of Fire Prevention.
(E) No carrier, his agent, or any person in charge of a vehicle containing

any explosive or fixed explosive shall park such vehicle within the city, or within
said limits to transpose such explosive or fixed explosive from one vehicle to
another, or interchange any tractor semi-trailer from one tractor to another
whether of the same or of succeeding carriers.
(F) No carrier, his agent, or any person in charge of a vehicle containing

any explosive or fixed explosive shall leave such vehicle unattended in
emergency arising due to mechanical failure.
(G) No unescorted vehicle transporting explosives shall follow closer than

one city block any other load of explosives proceeding in the same direction.
('67 Code, § 92.154)
§ 94.164 POSSESSION OF CERTAIN EXPLOSIVES PROHIBITED.
No person shall have, keep, store, sell, offer for sale, give away, transport,
use, or manufacture any of the following explosives in any quantity: liquid
nitroglycerine; high explosives containing over 60% of nitroglycerine; high
explosives such as dynamite having an unsatisfactory absorbent or one that
permits leakage of nitroglycerine under any conditions liable to exist during
transportation or storage; nitrocellulose in a dry condition, in quantity greater than
ten pounds in one exterior package; fulminate of mercury in bulk in a dry
condition, and fulminate of all other metals in any condition, except as a
component of manufactured articles not hereinafter forbidden; explosives
containing an ammonium salt and a chlorate; explosives not packed or marked in
accordance with the requirements of the Department of Transportation.
§ 94.165 INSURANCE REQUIRED.
No person shall transport any explosive or fixed explosive within the city
without having first deposited with the Chief of the Fire Department certificates of
insurance evidencing a liability coverage which he shall in his discretion deem
adequate.
§ 94.166 TRANSPORTATION ROUTE DESIGNATED.
No person shall transport any explosive through or within the city except
over such route as the Chief of the Fire Department may designate for such
purpose, and no fixed explosive may be so transported except under police
escort. The Police Department shall assist the Fire Department in enforcing this
section and § 94.165.
§ 94.167 STORAGE OF EXPLOSIVES.
All explosives shall be stored and used in compliance with the
requirements of reasonable care, this chapter, state law, and the State Fire
Marshal's office. An accurate record showing the disposition of each container or
package of explosives stored or used shall be kept, such record to be subject to
inspection by officers of the Fire Department at all times.
§ 94.168 FACTORIES AND MAGAZINES.
(A) All factory buildings and magazines in which permissible explosives
are had, kept, or stored, shall be located at distances from neighboring buildings,
highways, and railroads in conformity with the American Quantity and Distance
Table; provided, one portable magazine containing not more than 50 pounds of
explosive may be allowed if placed on wheels and located not more than ten feet
from, on the same floor with and directly opposite to the entrance of the floor
nearest the street level, and one portable magazine containing not more than
5,000 blasting caps may be allowed if placed on wheels and located on the floor
nearest the street level.
(B) Blasting caps or detonators of any kind shall not be kept in the same
magazine with other explosives.
(C) All magazines must be kept locked except when being inspected or
when explosives are being placed therein or being removed therefrom.
(D) All magazines or places where explosives are stored must be kept
clean and free from grit, rubbish, and empty packages.
(E) Portable magazines permitted above shall be made of fireproof

material or wood covered with sheet iron and shall be conspicuously marked,
"Magazine -Explosives".
§ 94.169 EXPLOSIVES MOTOR VEHICLE TERMINAL.
NFPA Standard for explosives motor vehicle terminals No. 498, l970
Edition, is adopted by reference as though set out in full and shall govern the
design and operating features of explosives motor vehicle terminals related to fire
prevention and fire protection, and prevention of explosions.
('67 Code, § 92.159) (Ord. 13-l973, passed 12-17-73)
§ 94.170 MODEL ROCKETRY.
NFPA Standard for model rocketry, No. 411, l968 Edition, is adopted by
reference as though set out in full.
('67 Code, § 92.160) (Ord. 13-l973, passed 12-17-73)
§ 94.171 BLASTING REGULATIONS.
(A) Blasting permit required.
(1) No person shall blast or carry on any blasting operations

without first having obtained a permit from the Chief of the Fire Department. An
applicant for a permit must:
(a) Be at least 21 years of age;
(b) Be in adequate physical condition to perform the work

required;
(c) Be able to understand and give written and verbal

orders;
(d) Be not addicted to narcotics or alcohol or dangerous

drugs;
(e) Be qualified by reason of training, knowledge, and

experience in the field of transporting, storing, handling, and use of explosive
materials;
(f) Have a working knowledge of the content of federal,

state, and local laws and regulations which pertain to explosive materials and
safety publications such as safety library, publication No. 4 adopted by the
Institute of Makers of Explosives, August, l970.
(2) Before a permit shall be issued, the applicant shall file a
certificate of insurance with the Fire Department deemed adequate in each case
by the Chief of the Fire Department.
('67 Code, § 92.161)
(B) Blasting personnel.
(1) No person shall handle explosives while under the influence of

intoxicants, dangerous drugs, or narcotics.
(2) No person shall smoke or carry matches while handling

explosives or while in the vicinity thereof.
(3) No open flame light shall be used in the vicinity of explosives.

('67 Code, § 92.162)
(C) Blasting notice. Whenever blasting is being conducted in the vicinity

of gas, electric, water, fire alarm, telephone, telegraph, or steam utilities, the
blaster shall notify the appropriate representatives of such utilities at least 24
hours in advance of blasting, specifying the location and intended time of such
blasting. Verbal notice shall be confirmed with written notice. In an emergency
this time limit may be waived by the Chief of the Fire Department. ('67 Code, §
92.163)
(D) Blasting responsibility. Before a blast is fired, the person in charge

shall make certain that all surplus explosives are in a safe place, all persons and
vehicles are at a safe distance or under sufficient cover, and a loud warning
signal has been sounded. ('67 Code, § 92.164)
(E) Blasting precautions.
(1) Due precautions shall be taken to prevent accidental discharge

of electric blasting caps from current induced by radio or radar transmitters,
lightning, adjacent power lines, dust storms, or other sources of extraneous
electricity.
(2) These precautions shall include:
(a) The suspension of all blasting operations and removal of

persons from the blasting area during the approach and progress of an electrical
storm.
(b) The posting of signs warning against the use of mobile

radio transmitters on all roads within 350 feet of the blasting operations.
(c) Compliance with nationally recognized good practice
when blasting within 1-1/2 miles of broadcast or highpower short wave radio
transmitters.
('67 Code, § 92.165)
§ 94.172 CONGESTED AREAS.
When blasting is done in congested areas or in close proximity to a
building, structure, railroad, highway, or any other installation that may be
damaged, the blast, whenever feasible, shall be covered before firing, with a mat
constructed so that it is capable of preventing rock from being thrown into the air.
DUST EXPLOSIONS
For the purpose of this subchapter the following definition shall apply
DUST. Pulverized particles of any material which, if mixed with air in the
proper proportions, become explosive and may be ignited by a flame or spark.
('67 Code, § 92.136) (Ord. 13-l973, passed 12-17-73)
§ 94.181 AUTHORITY OF FIRE DEPARTMENT.
The Fire Department may prohibit further operation in any plant such as a
grain elevator, flour, starch, or feed mill or plant pulverizing or processing any
material producing flammable dusts where:
(A) Dust-producing or dust-agitating machinery such as grinding mills and

separators, and elevators, elevator legs, spouts, hoppers, and other conveyors
are not as dust-tight as possible.
(B) Accumulations of dust are permitted in the interior of the building and
a suitable dust removal system is not maintained.
(C) Smoking, the use of heating or other devices employing an open

flame or the use of any spark producing equipment is permitted in rooms
containing dusty atmosphere.
(D) Approved magnetic or pneumatic separators are not installed and

maintained ahead of all shellers, crackers, crushers, and all other grinding or
pulverizing machines in which the entrance of foreign materials may cause
sparks to be generated.
(E) Operation is not under competent supervision.
(F) Machinery and metal parts of the crushing, drying, pulverizing, and
conveying systems are not electrically grounded.
('67 Code, § 92.137) (Ord. 13-l973, passed 12-17-73)
§ 94.182 APPLICATION OF NFPA STANDARDS.
The NFPA standards contained in volume 3 of the National Fire Codes,
l971-l972 Edition, pertaining to the prevention of dust explosions shall be used by
the Fire Department as a guideline and basis for its orders concerning the
hazards and practices listed in § 94.183.
('67 Code, § 92.138) (Ord. 13-l973, passed 12-17-73)
§ 94.183 PLANTS PRODUCING DUST TO BE SAFE.
On matters not covered in this chapter, conformity of plants producing
dusts to the applicable NFPA standards concerning the prevention of dust
explosions in volume 3 of the National Fire Codes, l971-l972 Edition, shall be
evidence that such plants have met the minimum requirements for safety to
persons and property.
('67 Code, § 92.139) (Ord. 13-l973, passed 12-17-73)
EXITS AND ALARM SYSTEMS
§ 94.190 OBSTRUCTION OF FIRE EXITS, DOORS, AND THE LIKE
PROHIBITED.
(A) Every means of escape from fire and every required exit, way of
approach thereto, and way of travel from the exit into the street or open space
shall be continuously maintained free of all obstructions or impediments to full
instant use in case of fire or other emergency. Every member of the Police and
Fire Departments who shall discover any fire escapes encumbered in any
manner shall forthwith report to the Fire Department and the Fire Department
shall immediately notify the owner and the tenants to remove such encumbrance.
(B) No person shall place, store, or keep, or permit to be placed, stored,

or kept under or at the bottom of any stairway, inside or outside, elevator, or other
shaft in any building, any combustible or flammable materials, fluids, or
compounds, nor shall any such combustible or flammable materials be placed or
stored or kept in any such place where ignition or burning would obstruct or
render hazardous, egress from a building.
(C) No obstruction shall be permitted in hallways of tenement houses or

apartment houses.
('67 Code, § 92.185)
(D) All doors, aisles, and passage-ways within and leading into or out of
theatres, churches, and all other places of public assemblage shall be kept free
from easels, signs, standards, camp- stools, chairs, sofas, benches, and any
other article that might obstruct or delay the exit of the audience, congregation, or
assemblage during the entire time during which any show, performance, service,
exhibition, lecture, concert, ball, or other assemblage may be held, and no
person shall sit or stand or remain seated or standing, or to allow any other
person to so remain in any such place of public assemblage in any aisle under
any circumstances, or in any exit or passage required for the safe exit of the
assemblage. Clear passage from all exits and on sidewalks must at all times be
maintained outside of all theatres and any other places of public assemblage.
No aisle, passageway, or stairway in any store shall be obstructed with tables,
showcases, or other obstruction during hours said store is open to the public.
The Chief of the Police Department shall render assistance in the enforcement of
the provisions of this chapter and direct and require police officers to enter all
places of public assemblage for such purposes. ('67 Code, § 92.186)
§ 94.191 ADOPTION OF LIFE SAFETY CODE.
The life safety code, NFPA standard No. 101, l970 Edition, is adopted and
incorporated in this chapter by reference as though set out in full.
('67 Code, § 92.187) (Ord. 13-l973, passed 12-17-73)
§ 94.192 FIRE ALARM SYSTEMS.
(A) A fire alarm system shall be installed in both new and existing
buildings when required by the building rules and regulations of the Administra-
tive Building Council of the State, the State Fire Marshal's office of NFPA
standard No. 101. See Chapter 115, Alarm Systems, Administrative Building
Council Building Rules and Regulations. ('67 Code, § 92.188)
(B) Final approval of the plans for the installation of any fire alarm system
shall be given by the Chief of the Fire Department and such approval shall not be
given unless the following requirements shall have been complied with:
(1) At least one alarm sending station shall be provided upon each
floor with the distance of travel not to exceed 100 feet to reach a sending station,
and where only one station is required on each floor it shall be near the main exit
in the normal path of exit travel.
(2) Circuit annunciation shall be provided for each floor, in

buildings four or more stories in height, and the annunciator plane shall be
located on the street floor in a lobby or vestibule and readily accessible at all
times.
§ 94.193 ADMINISTRATIVE BUILDING COUNCIL RULES AND
REGULATIONS.
See also Chapters 133, exits, and 135, alarm systems, Administrative
Building Council Building Rules and Regulations.
('61 Code, § 92.190) (Ord. 13-1973, passed 12-17-73)
§ 94.200 FIRE APPLIANCES; REGULATIONS.
Each mercantile and manufacturing establishment, each school, church,
theatre, or other place of a public or semi-public character, each hospital or place
of detention, and each apartment house or tenement building shall install and
maintain fire appliances suitable to the type of occupancy and probable class of
fire. Such appliances shall include but not be limited to automatic sprinklers,
standpipe and hose, fixed, wheeled, or portable fire extinguishers of a type
suitable for the probable class of fire, suitable asbestos blankets, manual or
automatic covers, the introduction of an inert gas, fire hydrants, and automatic
hood and duct systems in kitchens of restaurants of like establishments. In
special hazardous processes or areas, or excessive storages, appliances of
more than one type may be required or special systems installed.
('67 Code, § 92.191) (Ord. 13-1973, passed 12-17-73) Penalty, see § 94.999
§ 94.201 MINIMUM STANDARDS OF ADEQUACY TO BE APPLIED.
The Chief of the Fire Department, upon notification by the owner or his
agent, shall designate the type and location of suitable fire appliances. The
minimum standards of adequacy to be applied are those specified in the
following NFPA standards which are adopted by reference. See also Chapter
118, Administrative Building Council Rules and Regulations.
(A) No. 10, Portable fire extinguishers, installation, 1970.
(B) No. 10A, Portable fire extinguishers, maintenance and use, 1970.
(C) No. 11, Foam extinguishing systems, 1970.
(D) No. 1lA, High expansion foam systems, 1970.
(E) No. 12, Carbon dioxide extinguishing systems, 1968.
(F) No. 12A, Halogenated fire extinguishing systems, 1971.
(G) No. 13, Sprinkler systems, installation, 1971.
(H) No. 13A, Sprinkler systems, maintenance, 1971.
(I) No. 14, Installation, standpipe and hose systems, 1971.
(J) No. 15, Water spray fixed systems, 1969.
(K) No. 16, Foam-water sprinkler and spray system, 1968.
(1) No. 17, Dry chemical extinguishing systems, 1969.
(M) No. 18, Wetting agents, 1966.
(N) No. 24, Outside protection (yard piping), 1970.

('67 Code, § 92.192) (Ord. 13-1973, passed 12-17-73)
§ 94.202 REQUIRED EQUIPMENT.
(A) Standpipes. All buildings, except one- and two-family dwellings, and
unheated industrial or warehouse sites, which are three or more stories in height,
shall be equipped with a wet or dry standpipe and hose system, to be installed
according to the specifications in NFPA standard No. 14, provided, however, that
every assembly occupancy of any height and all of the following occupancies
which are over 20,000 square feet in area shall be equipped with at least one wet
standpipe, extending from the cellar or basement into the topmost story, to be
installed according to said NFPA standard No. 14: occupancies and churches
unless they have no permanent stage and a seating capacity of less than 300
people.
(2) Institutional occupancies such as jails, hospitals, and nursing

homes.
(3) Plants, factories, workshops, storage and office buildings,

stores, and service stations.
(4) Hotels, motels, apartments, and lodging houses except where

each guest room or apartment unit has a direct access to the outside of the
building at ground level.
('67 Code, § 92.193)
(B) Automatic sprinklers. Standard automatic sprinklers shall be installed

and maintained as specified in NFPA standard No. 13 and 13A, in the followng
places:
(1) Where required by the life safety code, NFPA standard No. 101.
(2) Other building areas or occupancies required by Chapter 138,

Fire Extinguishing Equipment of the Administrative Building Council, Rules and
Regulations.
(3) All basements, cellars, and subcellars, except one- and two-
family dwellings, exceeding 2,500 square feet in area within enclosing masonry
walls, and used for the storage, sale, manufacture, or handling of materials
indicated in division (B)(4) below. Where adequate heat is not provided, such
systems may be omitted if in the opinion of the Chief of the Fire Department, the
hazard is not severe, provided that such places shall be equipped with a suitable
dry sprinkler system with a Fire Department connection on the building front or
with suitable cellar flooding holes properly distributed in the first floor of the
building, or with an approved standpipe system, with Fire Department connection
on the street and control devices so located and arranged that streams from
nozzles on the standpipe can be controlled from the outside of the building, and
also that all such places shall be provided with an approved automatic heat
actuated alarm system connected to an outside gong or to the central station of a
supervising company. Basements, cellars, and subcellars requiring the above
protection are those in connection with: rag, paper, or junk storage; shipping,
receiving, or storage of furniture, dry goods, toys, and other articles involving
quantities of excelsior, moss, paper, and like materials; manufacture of articles
containing or involving highly combustible materials: storage of dangerous
chemicals, acids, or flammable liquids.
(4) Other highly hazardous areas as may be required in other

sections of this chapter or by the Chief of the Fire Department.
(5) All buildings of more than four stories in height from the ground
level, which buildings will be used and occupied for any purpose by any person
or persons.
('67 Code, § 92.194)
(C) Fire extinguishers.
(1) Portable fire extinguishers shall be installed and maintained as

specified in NFPA standards No. 10 and 10A in the following places or areas:
(a) Where required by NFPA No. 10 and table of section

4110 of said standard.
(b) In any area with a special hazard, the number and type
to be determined by the anticipated class of fires, the severity of the hazard, the
area
and arrangement of the building or occupancy, the distances to be traveled to
reach extinguishers, the anticipated rate of fire spread and amount of smoke, the
intensity and rate of heat development, the type of person expected to use the
extinguishers, the characteristics of the various extinguishers (see table A-3000
in NFPA No. 10) and other relevant factors.
(c) Any hazardous area as may be required by the Chief of

the Fire Department.
(2) Other types of fire-extinguishing systems based on the

standards adopted in § 94.201 may be more effective and suitable to the hazard
and occupancy than portable fire extingui-shers and may be required by the
Cheif of the Fire Department.
('67 Code, § 92.195)
(D) Fire hydrants. The number and location of fire hydrants shall comply
with NFPA No. 24, Chapter 4. ('67 Code, § 92.196)
§ 94.203 FIRE DEPARTMENT TO COMPLY WITH NFPA STANDARDS.
The Fire Department shall comply with the 1966 edition of NFPA standard
No. 13E, fire department operations in properties protected by sprinkler and
standpipe systems.
§ 94.204 VENTILATION EQUIPMENT STANDARDS.
The NFPA standard for installation of equipment for the removal of smoke
and grease-laden vapors from commercial cooking equipment No. 96, 1970
edition, is adopted by reference as though set out in full.
('67 Code, § 92.198) (Ord. 13-1973, passed 12-17-73)
PORTABLE FIRE EXTINGUISHERS
§ 94.210 PURPOSE.
The purpose of §§ 94.210 through 94.219 is to regulate the sale or leasing
and servicing of portable fire extinguishers in the interest of safeguarding lives
and property.
('67 Code, § 92.200) (Ord. 13-1973, passed 12-17-73)
FIRM. Any person, partnership, corporation, or association.
HYDROSTATIC TESTING. Pressure testing by hydrostatic methods.
LEASED. A leased fire extinguisher shall be treated the same as an

extinguisher which has been sold.
PORTABLE FIRE EXTINGUISHER. A device that contains within it

chemicals, fluids, or gases for extinguishing fire, the means for application of its
contents to that purpose, and is capable of being readily moved from place to
place.
SERVICE AND SERVICING. Any or all of the following: charging, filling,

maintaining, recharging, refilling, repairing, and testing.
('67 Code, § 92.203) (Ord. 13-1973, passed 12-17-73)
§ 94.212 ADMINISTRATION.
The administration of §§ 94.210 through 94.219 is vested in the Fire
Department which shall have the power to issue the proper rules and regulations
to administer these sections.
('67 Code, § 92.202) (Ord. 13-1973, passed 12-17-73)
§ 94.213 EXCEPTIONS.
The activity of filling or charging a portable fire extinguisher prior to its
initial sale by its manufacturer shall not be subject to this chapter. In addition, the
licensing and registration provisions of this chapter shall not apply to any firm
which services only its own portable fire extinguishers for its own use by
maintaining its own fire extinguisher servicing facilities adequate for the purpose
and utilizing its own personnel specially trained for such servicing.
('67 Code, § 92.201) (Ord. 13-1973, passed 12-17-73)
§ 94.214 REGISTRATION, LICENSING OF SERVICE PERSONNEL.
(A) Each firm engaged in the business of servicing portable fire
extinguishers shall be required to have a certificate of registration issued by the
Fire Department.
(B) Each employee, other than an apprentice of a firm engaged in the

business of servicing portable fire extinguishers, who services such extinguishers
shall be required to have a license issued by the Fire Department.
(C) Each person servicing portable fire extinguishers as an apprentice
shall be required to have an apprentice permit issued by the Fire Department.
(D) Each firm performing hydrostatic testing of fire extinguishers

manufactured in accordance with the specifications of the U.S. Department of
Transportation shall do so in accordance with the procedures specified by that
department for compressed gas cylinders and shall be required to have a
hydrostatic testing certificate authorizing such testing issued by the Fire
Department. Persons qualified to do this work shall be given such authority on
their licenses.
('67 Code, § 92.204)
(E) Except as provided in § 94.213, only the holder of a current and valid
license or of an apprentice permit issued hereunder may service portable fire
extinguishers.
(F) A person who has been issued a license under this chapter to service
portable fire extinguishers, must be an employee, agent, or servant of a firm that
holds a certificate of registration issued under this chapter.
(G) Only the holder of a current and valid hydrostatic testing certificate
may perform hydrostatic testing of the U.S. Department of Transportation specifi-
cation compressed gas cylinders used for or with fire extinguishers.
('67 Code, § 92.206)
§ 94.215 SELLING OR LEASING EQUIPMENT.
No portable fire extinguishers shall be sold or leased in the city unless it is
approved, labeled, or listed by a testing laboratory which is approved by the Fire
Department as qualified to test portable fire extinguishers.
§ 94.216 APPLICATIONS, HEARINGS ON LICENSES, PERMITS, AND
CERTIFICATES.
(A) Applications for licenses, permits, and certificates hereunder shall be
made pursuant to regulations adopted by the Fire Department as those
regulations may, from time to time, be amended by it.
(B) The Fire Department shall have the authority to conduct hearings or
proceedings concerning the suspension, revocation, or refusal of the issuance or
renewal of licenses, apprentice permits, hydrostatic testing certificates,
certificates of registration, or approvals of testing laboratories issued under this
chapter or application therefor; to suspend, revoke, refuse to renew, or refuse to
issue the same.
('67 Code, § 92.207) (Ord. 13-1973, passed 12-17-73)
§ 94.217 POWERS AND DUTIES OF FIRE DEPARTMENT.
(A) The Fire Department shall exercise the following functions, powers,
and duties:
(1) To formulate and administer such rules and regulations as it
may determine necessary for the protection and preservation of life and property
in controlling:
(a) The registration of firms engaging in the business of

servicing portable fire extinguishers;
(b) The registration of firms engaging in the business of

hydrostatically testing U.S. Department of Transportation specification gas
cylinders used for portable fire extinguishers;
(c) The examination of persons applying for a license to

service portable fire extinguishers;
(d) The licensing of persons to service portable fire

extinguishers.
(2) To evaluate the qualifications of firms or individuals for a

certificate of registration to engage in the business of servicing portable fire
extinguishers.
(3) To conduct examinations to ascertain the qualifications and

fitness of applicants for a license to service portable fire extinguishers.
(4) To issue certificate of registration for those firms that qualify

under these regulations, to engage in the business of servicing portable fire
extinguishers, and issue licenses, apprentice permits, and authority to perform
hydrostatic testing to the qualified persons.
(5) To evaluate the qualifications of firms seeking approval as

testing laboratories for portable fire extinguishers.
('67 Code, § 92.208)
(B) The Fire Department may delegate the exercise of part or all of its
functions, powers, and duties under this chapter, except for the issuance of
licenses, certificates, and permits, and the formulation of rules and regulations to
the Board of Public Works and Safety. The members of such Board shall be
experienced and knowledgeable in one or more of the following areas: the fire
services, fire extinguisher manufacturing, fire insurance inspection or
underwriting, fire extinguisher servicing, or members of a fire protection
association or an industrial safety association. ('67 Code, § 92.209)
(Ord. 13-1973, passed 12-17-73)
§ 94.218 FIRE DEPARMENT'S RULES TO BE FOLLOWED.
No firm shall service or sell portable fire extinguishers contrary to the
provisions of this chapter on the rules and regulations formulated and
administered under the authority of this chapter.
§ 94.219 FEES.
(A) Original and annual renewal fee for any license, apprentice permit,
certificate of registration, or hydrostatic testing certificate issued pursuant to the
provisions of this chapter and rules and regulations shall be as follows:
(1) License $20.00
(2) Apprentice permit 15.00
(3) Certificate of re- 25.00

gistration
(4) Hydrostatic testing 20.00

certificate
(B) The fees shall be paid to the Clerk-Treasurer for use in the Fire
Department.
('67 Code, § 92.211) (Ord. 13-1973, passed 12-17-73)
FIRE AND SAFETY PROVISIONS
DWELLING UNIT. A structure, building, area, room, or combination of

rooms, occupied by persons for sleeping or living. This term shall include both
single-family and multiple-family dwelling units.
HOSPITAL. A building or part thereof used for the medical, psychiatric,

obstetrical, or surgical care, on a 24-hour basis, of inpatients. This term includes
general hospitals, mental hospitals, tuberculosis hospitals, childrens hospitals,
and such facilities providing inpatient care.
NURSING HOME. A building or part thereof used for the lodging,

boarding, and nursing care, on a 24-hour basis, of persons who, because of
mental or physical incapacity, may be unable to provide for their own needs and
safety without the assistance of another person. This term includes nursing and
convalescent homes, skilled nursing facilities, intermediate care facilities, and
infirmaries or homes for the aged.
OWNER. Any person who, alone or jointly or severally with other persons,
has legal title to any premises. This term includes any person who has charge,
care, or control over any premises as an agent, officer, fiduciary, or employee of
the owner; the committee, conservator, or legal guardian of an owner who is non
compos mentis, a minor, or otherwise under a disability; a trustee, elected or
appointed, or a person required by law to execute a trust, other than a trustee
under a deed of trust to secure the payment of money; or an executor,
administrator, receiver, fiduciary, officer appointed by any court, or other similar
representative of the owner or his estate. The term OWNER does not include a
lessee, sublessee, or other person who merely has the right to occupy or
possess a premises.
RESIDENTIAL-CUSTODIAL CARE FACILITY.

A building, or part thereof, used for the lodging or boarding of persons who are
incapable of self-preservation because of age or physical or mental limitations, or
who are detained for correctional purposes. This term includes homes for the
aged, nurseries (custodial care for children under six years of age), institutions
for the mentally retarded (care institutions) and halfway houses, as well as
sheltered living facilities and halfway houses. This term does not include day
care facilities that do not provide lodging or boarding for institutional occupants.
SLEEPING AREA. A bedroom or room intended for sleeping, or a

combination of bedrooms or rooms intended for sleeping within a dwelling unit,
which are located on the same floor and are not separated by another habitable
room, such as a living room, dining room, or kitchen, but not a bathroom, hallway,
or closet. A dwelling unit may have more than one sleeping area. This term does
not include common usage areas in structures with more than one dwelling unit,
such as corridors, lobbies, and basements.
SMOKE DETECTOR. A device which detects visible or invisible particles

of combustion.
(Ord. 18-1982, passed 4-4-83)
SMOKING. The carrying of a lighted pipe, cigar, cigarette, or tobacco in

any form. ('67 Code, § 92.230) (Ord. 13-1973, passed 12-17-73)
SUBSTANTIALLY REHABILITATED. Any improvement to a structure

which is valued greater than one-half of the assessed valuation of the property
including the land. (Ord. 18-1982, passed 4-4-83)
§ 94.226 OPEN BURNING PROHIBITED.
(A) No person shall kindle or maintain any bonfire or burn leaves or
rubbish or dispose of any refuse by open burning, or shall knowingly furnish the
materials for any such fire, or authorize any such fire to be kindled or maintained
on or in any street, alley, road, land, or public grounds. ('67 Code, § 92.212)
(B) No person shall kindle or maintain any bonfire or burn leaves or

rubbish on any private land, or dispose of any refuse by open burning, or cause,
suffer, allow, or permit open burning on any private land. ('67 Code, § 92.213)
(Am. Ord. 7-1974, passed 9-16-74) Penalty, see § 94.999
§ 94.227 DEPOSITING ASHES AND THE LIKE.
No person shall deposit ashes, smoldering coal or embers, greasy or oily
substances, or other matters liable to create spontaneous ignition within ten feet
of any wooden or plaster wall, partition, fence, floor, sidewalk, lumber, hay,
shavings, rubbish, or other combustible materials except in metallic or other non-
combustible receptacles. Such receptacles unless resting on a non-combustible
floor or on the ground outside the building, must be placed on non-combustible
stands, and in every case must be kept at least two feet away from any
combustible wall or partition.
§ 94.228 ACCUMULATION OF WASTE PROHIBITED.
Roofs, courts, yards, vacant lots, and open spaces shall be kept free from
and clear of deposits or accumulations of waste paper, hay, grass, straw, weeds,
litter, or combustible waste or rubbish of any kind by the owner or occupant of the
property or other person responsible for the debris. All weeds, grass, vines, or
other growth, when same endangers property, or is liable to be fired, shall be cut
down and removed by the owner or occupant of the property.
Cross-reference:
Garbage, see Ch. 96
§ 94.229 REGULATIONS GOVERNING COMBUSTIBLE WASTES.
(A) No person making, using, storing, or having charge or control of any
shavings, excelsior, rubbish, sacks, bags, litter, hay, straw, or combustible trash,
waste, or fragments shall fail, neglect, or refuse at the close of each day to cause
all such material which is not compactly baled and stacked in an orderly manner
to be removed from the premises or stored in suitable vaults or in metal lined
covered receptacles or bins. The Chief of the Fire Department shall require
suitable baling presses to be installed in stores, apartment buildings, factories,
and similar places where accumulations of paper and waste materials are not
removed at the close of each day or 24-hour period. ('67 Code, § 92.216)
(B) No person shall store in any building or upon any premises in excess
of 2,500 cubic feet gross volume of combustible empty packing cases, boxes,
barrels, or similar containers, or rubber tires, or baled cotton, rubber, or cork, or
other similarly combustible material without a permit from the Fire Department.
(C) Storage in buildings shall be orderly, shall not be within two feet of the
ceiling, shall be separated from heaters or heating devices by distance or
shielding so that ignition cannot occur, and not so located as to endanger exit
from the building. Storage in the open shall not be more than 20 feet in height,
shall be located at least 50 feet from the nearest building, and shall be compact
and orderly.
(D) No combustible goods, merchandise, or decorations shall be
displayed or stored in a roofed-over mall unless approved by the Chief of the Fire
Department.
§ 94.230 FLAMMABLE DECORATIVE MATERIAL.
Cotton batting, straw, dry vines, leaves, trees, artificial flowers, or
shrubbery, paper, cloth, and foam plastic, or other highly flammable materials
shall not be used for decorative purposes in show windows or other parts of
mercantile, institutional, or educational occupancies or places of public assembly
unless first rendered flame-proofed in accordance with § 94.231. Electric light
bulbs in the above places shall not be decorated with paper or other combustible
materials unless such materials shall first have been rendered flame-proofed.
Nothing in this section shall be held to prohibit the display of saleable goods
permitted or offered for sale in a store nor to prohibit the display of pictures nor
the use of wallpaper.
§ 94.231 FLAME-PROOFING.
(A) No decorative material shall be used which as applied will ignite and
allow flame to spread over the surface or which allows burning particles to drop
when exposed to a match flame test applied to a piece removed from the
material and tested in a safe place. For a flame test, the piece shall be held in a
vertical position and the bottom edge exposed to a flame from a common match
held in a horizontal position, one-half inch underneath the piece, and at a
constant location for a minimum of 12 seconds.
(B) Treatments used to accomplish this flameproofing shall be renewed

as often as may be necessary to maintain the flameproofed effect.
§ 94.232 OPEN FLAME RESTRICTED.
(A) No person shall take into any buildings, barn, or any other place
where flammable, combustible, or explosive material is kept or used, an open
flame or light, unless such light or flame shall be well secured in a glass globe
wire mesh cage or similar approved device, provided, however, that nothing in
this section shall be held to apply to the living quarters of residential occupancies
as defined in NFPA 101.
(B) No open flame devices shall be used in any place of assembly as

defined in division (C) below except:
(1) Where necessary for ceremonial or religious purposes the Fire

Department may permit open flame lighting under such restrictions as are
necessary to avoid danger of ignition of combustible materials or injury to
occupants;
(2) Open flame devices may be used on stages where they are a
necessary part of theatrical performances provided precautions which are
adequate and satisfactory to the fire department are taken to prevent ignition of
any combustible materials;
(3) Gas lights may be permitted provided precautions which are

adequate and satisfactory to the Fire Department are taken to prevent ignition of
any combustible materials;
(4) Candles may be used on tables used for food services if

securely supported on substantial noncombustible bases so located as to avoid
danger of ignition of combustible materials, and only if enclosed in an approved
device which protects the candle flames.
(C) A place of assembly as used in this section shall include all buildings
or portions of buildings used for gathering together 50 or more persons for such
purposes as deliberation, worship, entertainment, amusement, drinking, dining,
or awaiting transportation.
§ 94.233 CONSTRUCTION OF CHIMNEYS AND HEATING APPLIANCES.
All chimneys, smokestacks, or similar devices for conveying smoke or hot
gases to the outer air and the stoves, furnaces, fire boxes, or boilers to which
they are connected shall be constructed and maintained in such a manner as not
to create a hazardous condition or endanger adjacent property, and in
accordance with the building code and the following provisions:
(A) Existing masonry chimneys which upon inspection are found to be

without flue liner and with open mortar joints which will permit smoke and gases
to be discharged into the building, or which are so cracked as to be dangerous
shall be made safe by means of a fire clay liner, fire brick, a corrosion resistant
metal pipe and otherwise repaired if necessary, or the chimney shall be removed.
Metal pipe liners shall be one inch less in diameter than the least dimension of
the flue and entire space between metal liner and the walls of the chimney filled
with cement mortar.
(B) Existing chimney and vents of metal which are corroded or improperly
supported shall be replaced, unless suitable repairs are made.
(C) Existing chimney and vent connectors of metal are corroded or

improperly supported shall be replaced.
§ 94.234 HEATING AND LIGHTING APPARATUS.
No heating or lighting apparatus or equipment capable of igniting
flammable or combustible material shall be used in the work area of any shop or
factory used for the manufacture, repair, or renovating of mattresses or bedding,
nor in the work area of any establishment used for the upholstery of furniture or
other hazardous manufacturing process.
§ 94.235 TRAPDOORS TO BE CLOSED.
All trapdoors and other vertical openings, except those which are
automatic in their operation, in any commercial or factory building or building
used for storage shall be closed at the completion of the business of each day.
§ 94.236 SHAFTWAYS TO BE MARKED.
Every outside window of a building which opens directly on any hoistway,
shaft, or other vertical means of communication between two or more floors in
such building shall be plainly marked with the word "shaftway" in red letters at
least six inches high on a white background, such warning sign to be so placed
as to be easily discernible from the outside of the building. Every door or window
opening on such shaftway from the interior of the building, unless the
construction of the partition surrounding the shaftway is of such distinctive nature
as to make its purpose evident at a glance, shall be similarly marked with the
warning word "shaftway" so placed as to be easily visible to anyone approaching
the shaftway from the interior of the building.
§ 94.237 BURNING OF STRUCTURES PROHIBITED.
No person shall set fire to or burn or cause the setting of fire to or the
burning, or aid, counsel, or procure the setting of fire to or the burning of any
dwelling house, rooming house, apartment house, hotel, shop, barn, stable,
garage, or any other building, structure, or outhouse, whether finished or
unfinished, occupied or unoccupied, and whether owned by him or another,
within the city.
§ 94.238 CONTRACTS FOR FIRE AND POLICE PROTECTION.
(A) The Board of Public Works and Safety of the city, with the approval of
the Mayor may enter into a contract with any person, municipality, or other
government unit which is situated at a place not within the city, but within the
county, and which is desirous of contracting with the city for the use and services
of the Fire Department or Police Department.
(B) The details of the contract or contracts shall be specified by the Board
of Public Works and Safety but each contract must incorporate substantially the
following provisions:
(1) That the city may furnish on a calendar year basis, pursuant
only to contract, so much of its firefighting service and apparatus as may be
reasonably necessary upon the request of any person, or municipality or
governmental unit when a fire exists at the premises or within the boundaries of
the person, municipality, or governmental unit, but that the Fire Department of the
city shall not provide service at any time when the same would endanger or
cripple its own services to the citizens of the city. Police services may be
furnished by the city as is reasonably necessary.
(2) That when any person, municipality, or governmental units call
upon the Fire Department of the city, under the contract, they shall pay to the city
for such services during the calendar year a sum of money to be calculated at a
negotiated rate.
('67 Code, § 92.226) (Ord. 13-1973, passed 12-17-73)
§ 94.239 FIRE PROTECTION OUTSIDE CITY LIMITS.
No fire apparatus or other vehicular equipment of the Fire Department
shall be sent to, go to, or assist in the fighting of fires, or other emergencies
outside of the corporate boundaries of the city, as boundaries exist at the time of
any fire or emergency, unless the person, municipality, or governmental unit upon
which premises the fire or emergency exists, or in the case of governmental unit
or municipality, shall have prior thereto entered into a contract for fire protection
and service of the Fire Department of the city and posted bond, as provided in §
94.238.
§ 94.240 EMERGENCY SERVICE.
(A) In the case of fire emergency, the Fire Department, under the express
order of the Fire Chief of the city, or in his absence, the Acting Fire Chief of the
city, may send firefighting service and apparatus and vehicular equipment of a
supervising unit to any person, municipality, or governmental unit outside of the
corporate boundaries of the city, whether or not the fire or other emergency
exists on the premises or within the boundaries of a person, municipality, or
governmental unit which has entered into the contract provided for in § 94.238.
Any service rendered due to the order of the Fire Chief or Acting Fire Chief, shall
be performed at the monetary rate for fire apparatus and fire service and
equipment provided for in division (B) below, and all amounts due to the use of
such fire apparatus, shall be due and payable within ten days after the firefighting
services and apparatus are furnished by the city. In the event there is no contract
as provided for between the person, municipality, or governmental unit, and the
city for firefighting service, the Fire Chief or the Acting Fire Chief of the city shall
only honor a request which is made to him by a township trustee, the mayor of a
municipality outside the corporate boundaries of the city, or the president of the
town board of a town outside the city.
(B) The charge of emergency service shall be the following amount:
(1) For each engine, truck, or fire apparatus other than a vehicular
equipment of a supervising unit, $100 for the first hour or fraction thereof, and
$75 per hour or fraction thereof for all time after the first hour.
(2) For each piece of vehicular equipment of a supervisory unit,

$50 for each hour or fraction thereof.
(3) The time for which such charge shall be made shall be
computed from the time each piece of fire apparatus or vehicular equipment of a
supervisory unit leaves its quarters or fire station, to the time of its official return
thereto.
('67 Code, § 92.228) (Ord. 13-1973, passed 12-17-73)
§ 94.241 FIRE LINES AND LIMITS.
The Chief of the Fire Department, or the highest officer in charge in any
fire area, or the police, may rope and guard such area and the streets therein
from the general public and shall be empowered to create an area where only
firemen, policemen, and those having an interest in any property being
threatened or ravaged by fire or other occurrences, may be admitted. It shall be
a violation of this section for anyone to cross said fire lines or limits unless
permitted to do so by the Fire or Police Department.
§ 94.242 FIRE ALARMS AND EQUIPMENT.
No person shall do or permit to be done any of the acts set out in this
section.
(A) Fire alarms. Give or cause to be given any false alarm of fire or first
aid with knowledge of such falsity by means of any telegraph box connected with
the fire alarm system or police call boxes or by telephone or by any other means.
(B) Keys. Make or cause or permit to be made or have in this possession

any keys or keys for any Fire Department equipment or for any house or building
used by the fire force except upon the written order of the Chief of the Fire Force
or the Board of Public Works and Safety.
(C) Surrender of keys. Failure or refusal to surrender possession of any

such keys upon demand of the Fire Force or the Board of Public Works and
Safety.
(D) Injuring fire alarm system. Cut, damage, destroy, remove, or in any
manner interfere with, damage, or disturb any part of the alarm system,
apparatus, or equipment in use in this city.
(E) Obstructing fire force. Hinder or obstruct, or so attempt, any part of

the Fire Force apparatus while the same is being taken to or from a fire or in use
at a fire or in any way obstruct or interfere with the use of any water supply, fire
plug, or apparatus used by the fire force, or hinder or prevent any fireman from
performing his work relating to or at any fire.
(F) Injuring hose. Drive any motor vehicle or railroad locomotive over any
hose laid in any street in the vicinity of any fire, or while in use for any other
purpose, or in any way to interfere with the use of such hose.
(G) Approach to fires. Following fire apparatus or approaching closer to a

fire upon which a fire force is working or to which it may be called, than the limits
established by any orders of the Police, or Fire Forces.
(H) False firm alarm. Cry out a false alarm of "fire" in any church, public
hall, theater, school, moving picture theater, or in any other building, either public
or private, while the same is occupied by numerous persons, either in separate
rooms or grouped in a public assemblage, or so as to alarm or endanger such
persons.
(I) Opening hydrant during fire. Open any public or private hydrant or fire
plug, or use any yard hose box by which water is drawn from the mains of the
Indianapolis Water Company during the time water from these mains is being
used by the Fire Department; provided, however, that no penalties shall attach
for doing the acts herein prohibited by this subsection if done under the direction
of the Chief or members of the Fire Force, or representatives of Indianapolis
Water Company.
§ 94.243 OBSTRUCTING FIRE HYDRANT.
It shall be unlawful for the owner, driver, or operator of any vehicle to park,
stop, stand, or to permit the same to be parked, to be stopped or to stand at any
time, day or night, within 12 feet, measured laterally along the curb line, of any
fire hydrant. This shall not apply to emergency police or fire vehicles, official
motor vehicles of city, county, and state, and any other type of motorized
equipment used by them, while and where actually engaged in authorized work
upon the surface, or other portions or appurtenances to a highway, except that all
such persons shall exercise reasonable care to avoid injury to any persons, or
damage to any property, and shall not include those vehicles stopping or
standing when in a line of moving traffic due to official traffic-control devices,
signals, or orders of police.
Cross-reference:
Obstructing a fire hydrant, see § 72.15
§ 94.244 SMOKING OR CARRYING FIRE-PRODUCING DEVICE.
(A) No person shall smoke, or carry a lighted cigar, cigarette, pipe, or
match, or use any spark, flame, or fire producing device which has not been
authorized for use by the Chief of the Fire Department, in these described
places:
(1) Retail selling establishments,
(2) Public assemblies,
(3) Educational occupancies,
(4) Institutional occupancies and

(5) Buildings except residential occupancies which contain
flammable liquids, compressed gases, hazardous chemicals, explosives or
combustible materials, any or which would be thereby exposed to ignition.
(B) The owner or occupant of the above listed places may designate
restrooms, smoking rooms, or other areas where smoking is permissible if the
smoking room or area has been approved by the Chief of the Fire Department.
§ 94.245 SMOKING IN BED.
No person shall smoke in bed in the following designated places:
(A) Hospitals;
(B) Hotels;
(C) Dormitories;
(D) Nursing homes;
(E) Rooming and lodging houses;
(F) Apartments;
(G) Other places of danger, designated at any time by the Fire

Department.
§ 94.246 "NO SMOKING" SIGNS.
No person shall remove any legally required "No Smoking" sign or smoke
in any place where such signs are posted.
§ 94.247 REGULATIONS CONTROLLING LIT OR HOT OBJECTS.
(A) No person shall throw any substance or object which is hot or burning,
such as cigarettes, papers, matches, or ashes, from windows and doors of any
building or public place, or from any vehicle. ('67 Code, § 92.233)
(B) No person shall place or throw a lighted cigar, cigarette, match, or

other article, or the contents of a lighted pipe, in, upon, or in close proximity to
any public or private premises, object or structure, or in any public street or
place, where there is any material or condition which is combustible, or liable to
damage by heat, fire, or explosion. ('67 Code, § 92.234)
§ 94.248 SMOKING IN PUBLIC CONVEYANCES.
No person shall smoke in any streetcar, bus, elevator, or other public
conveyance, except taxicabs.
§ 94.249 SMOKE DETECTORS.
(A) General requirements. The owner of each new or existing dwelling
unit, hotel, motel, hospital, nursing home, and residential-custodial care facility
shall install smoke detectors as required by this section.
(1) The owner of each presently existing dwelling unit, hotel, motel,
hospital, nursing home, jail, prison, and residential-custodial care facility which is
constructed or substantially rehabilitated under a building permit issued after the
date of this section shall install smoke detectors as required by law.
(2) The owner of each multiple-family dwelling unit, hotel, motel,

hospital, nursing home, and residential-custodial care facility, except as provided
in division (1) above, shall install smoke detectors as required by this section
within 180 days from the effective date of this section. This division (2) shall not
include single- family dwelling units.
(3) The owner of each hotel and motel shall also be subject to IC
22-ll-18-l et seq.
(4) No residential property may be sold or traded in the city unless

and until the seller installs or provides for the installation of smoke detectors in
accordance with division (D) below, as applicable. This requirement may be met
by the seller placing in an escrow account for the use of the buyer sufficient
funds to pay for the installation.
(B) Locations. When required by division (A) above:
(1) The owner of each dwelling unit shall install at least one smoke
detector to protect each sleeping area. In an efficiency apartment the owner
shall install the smoke detector in the room used for sleeping. In all other
dwelling units, the owner shall install the smoke detector outside the bedrooms
but in the immediate vicinity of the sleeping area.
(2) The owner of a hotel or motel shall install the smoke detectors
as directed by the Fire Chief, or by the personnel so designated by the Fire
Chief, but subject to IC 22-ll-18-l et seq.
(3) The owner of each hospital, nursing home, jail, prison, and
residential-custodial care facility shall install the smoke detectors as directed by
the Fire Chief, or by the personnel so designated by the Fire Chief, as follows:
(a) In the corridor that is adjacent to a room used for

sleeping but in no case may the smoke detectors be spaced further apart than 30
feet or more than 15 feet from any wall; or
(b) In each room used for sleeping.

(4) Smoke detectors shall be installed on the ceiling at a minimum
of six inches from the wall, or on a wall at a minimum of six inches from the
ceiling.
(5) Smoke detectors may not be installed in a dead air space, such
as where the ceiling meets the wall.
(C) Equipment. An owner subject to this section shall install a smoke

detector which is capable of sensing visible or invisible particles of combustion
and emitting an audible signal; or, the owner shall install a smoke detector which
is a type approved by the Fire Chief or by the personnel so designated by the
Fire Chief and consistent with any appropriate federal regulations.
(D) Installation.
(1) Except as provided in division (2) below, smoke detectors

installed pursuant to this section shall be directly wired to the power supply of the
building.
(2) In each single-family dwelling unit which is in existence on the

date of the passage of this section, the owner may install a monitored battery
powered smoke detector, a plug-in, or a direct wired smoke detector in order to
fulfill the requirements of division (A) above.
(E) Maintenance. An owner subject to this section shall maintain each

smoke detector in a reliable operating condition and make periodic inspections
and tests to insure that each smoke detector is in proper working condition.
(F) Permits. No owner may permanently wire a smoke detector to the

electrical system of a structure without first obtaining an electrical permit from the
Building Commissioner.
(Ord. 18-1982, passed 4-4-83)
§ 94.999 PENALTY.
(A) Fines.
(1) Any person who shall violate any provision of this chapter other
than § 94.007 or who shall fail to comply with any order issued under this chapter
within the time specified, or who shall fail to obtain or comply with a permit
required hereunder, shall, upon conviction, be subject to a fine of not exceeding
$300. Each ten days that prohibited conditions are maintained shall constitute a
separate offense.
(2) Any one who violates § 94.007 shall be fined not more than
$1,000 for each offense. ('67 Code, § 131.02(B))
(B) Injunctive relief. The court having jurisdiction in addition to fining a
violator under division (A) may in addition thereto or in the alternative compel
compliance with the provisions violated or correction of the hazardous condition
created. If the person to whom the order of the court is directed fails to comply
with the order within the time specified, the Fire Department may enter upon the
premises and cause the violation or hazardous condition to be corrected and the
cost thereof assessed as a special tax against the property.
(C) Civil liability. A violation of the provisions of this chapter shall

constitute negligence per se. For any injury to person or persons or property
occasioned by any violation of the chapter willful failure to comply with any of its
provisions, a right of action against the owner operator, agent or lessee shall
accrue to the party injured for the injury sustained thereby, and in case of loss of
life by reason of such violation, a right of action shall accrue to the spouse or
dependent next to kin for like recovery for damages for the injury sustained by
reason of such loss of life.
('67 Code, § 92.999) (Ord. 13-1973, passed 12-17-73)
CHAPTER 95: FISHING AT LICK CREEK
Section
95.01 Policy statement
95.02 Definitions
95.03 Unlawful practice
95.04 Discrimination in the sale or rental of housing
95.05 Discrimination in residential real estate-related transactions
95.06 Discrimination in the provision of brokerage services
95.07 Interference, coercion, or intimidation
95.08 Prevention of intimidation in fair housing cases
95.09 Exemptions
95.10 Administrative enforcement of chapter
95.11 Separability of provisions
§ 95.01 POLICY STATEMENT.
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.
(Ord. 11-1996, passed 8-19-96)
The definitions set forth in this section shall apply throughout this chapter:
AGGRIEVED PERSON. Includes any person who (I.C. 22-9.5-2-2):
(1) Claims to have been injured by a discriminatory housing

practice; or
(2) Believes that such person will be injured by a discriminatory

housing practice that is about to occur.
COMMISSION. (I.C. 22-9.5-2-3) The Indiana Civil Rights Commission
created pursuant to I.C. 22-9-1-4, et. seq.
COMPLAINANT. (I.C. 22-9.5-2-4) A person, including the Commission,

who files a complaint under I.C. 22-9.5-6.
DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under

§§ 95.04, 95.05, 95.06, 95.07 or 95.08 of this chapter or I.C. 22-9.5-5.
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).
FAMILIAL STATUS. One or more individuals (who have not attained the
age
of 18 years) being domiciled with:
(1) A parent or another person having legal custody of such

individual or the written permission of such 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.
FAMILY. Includes a single individual (I.C. 22-9.5-2-9), with the status of

such family being further defined in the definition of "Familial Status" of this
section.
HANDICAP. With respect to a person:
(1) A physical or mental impairment which substantially limits

one or more of such person's major life activities,
(2) A record of having such an impairment, or
(3) Being regarded as having such an impairment,
(4) An impairment described or defined pursuant to the federal

Americans with Disabilities Act of 1990.
(5) Any other impairment defined under I.C. 22-9.5-2-10.

The term HANDICAP shall not include current illegal use of or addiction to
a controlled substance as defined in Section 802 of Title 21 of the United States
Code [I.C. 22-9.5-2-10(b)]; nor does the term HANDICAP include an individual
solely because that Individual is a transvestite [I.C. 22-9.5-2-10(c)I.
PERSON. (I.C. 22-9.5-2-11) 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.
TO RENT. (I.C. 22-9.5-2-13) Includes to lease, to sublease, to let and

otherwise to grant for a consideration the right to occupy the premises owned by
the occupant.
(Ord. 11-1996, passed 8-19-96)
§ 95.03 UNLAWFUL PRACTICE.
Subject to the provisions of division (B) of this section, § 95.09 of this
chapter and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination
in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in §
95.04 of this chapter shall apply to:
(A) All dwellings except as exempted by division (B) and Title 22-9.5-3
of Indiana Code.
(B) Other than the provisions of division (C) of this section, nothing in §
95.04 shall apply to:
(1) Any single-family house sold or rented by an owner where

the private individual owner does not own more than three such single-family
houses at any one time; provided that in the sale of such 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 such house prior to the sale, the exemption shall
apply only to one such 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 such single-family houses at any one time. The sale or rental of
any such single-family house shall be excepted from application of this section
only if such house is sold or rented:
(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
such broker, agent or salesman, or person and
(b) Without the publication, posting or mailing, after

notice of advertisement or written notice in violation of § 95.04(C) of this chapter,
but nothing in this section shall prohibit the use of attorneys, escrow agents,
abstracters, title companies and other such professional assistance as necessary
to perfect or transfer this title, or
(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
such living quarters as his residence.
(C) For the purposes of this division, a person shall be deemed to be in

the business of selling or renting dwellings if:
(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, or

agent, other than in the sale of his own 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, or
(3) He is the owner of any dwelling unit designed or intended for

occupancy by, or occupied by, five or more families.
(Ord. 11-1996, passed 8-19-96)
§ 95.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
As made applicable by § 95.03 and except as exempted by sections §
95.03(B) and § 95.09, it shall be unlawful:
(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, handicap,
familial status or national origin.
(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, handicap, familial
status or national origin.
(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, handicap, familial status or national origin, or
an intention to make any such preference, limitation, or discrimination.
(D) To represent to any person because of race, color, religion, sex,
handicap, familial status or national origin that any dwelling is not available for
inspection, sale, or rental when such dwelling is in fact so available.
(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,
handicap, familial status or national origin.
(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 handicap of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that

dwelling after it is so sold, rented, or made available; or
(c) Any person associated with that person.
(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 such dwelling, because of a handicap of:
(a) That person; or

(3) For purposes of this subsection, discrimination includes:
(a) A refusal to permit, at the expense of the handicapped

person, reasonable modifications of existing premises occupied or to be
occupied by such person if such modifications may be necessary to afford such
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;
(b) A refusal to make reasonable accommodations in

rules, policies, practices, or services, when such accommodations may be
necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(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:
1. The public use and common use portions of

such dwellings are readily accessible to and usable by handicapped persons;
2. All the doors designed to allow passage into

and within all premises within such dwellings are sufficiently wide to allow
passage by handicapped persons in wheelchairs; and
3. All premises within such dwellings contain the

following features of adaptive design:
a. An accessible route into and through the

dwelling;
b. Light, switches, electrical outlets,

thermostats, and other environmental controls in accessible locations;
c. Reinforcements in bathroom walls to

allow later
installation of grab bars; and
d. Usable kitchens and bathrooms such

that an individual in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements Americans

With Disabilities Act of 1990 and of the American National Standard for buildings
and facilities providing accessibility and usability for physically handicapped
people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of
subsection (3)(c)3.
(5) Nothing in this subsection 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 of whose tenancy would result in substantial
physical damage to the property of others.
(Ord. 11-1996, passed 8-19-96)
§ 95.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED
TRANSACTIONS.
(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, handicap,
familial status, or national origin.
(B) As used in this section, the term "residential real estate-related
transaction" means any of the following:
(1) The making or purchasing of loans or providing other

financial assistance:
(a) For purchasing, constructing, improving, repairing, or

maintaining a dwelling; or
(b) Secured by residential real estate.
(2) The selling, brokering, or appraising of residential real

property.
(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, handicap, or familial status.
(Ord. 11-1996, passed 8-19-96)
§ 95.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
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 him in the terms or conditions of such
access, membership, or participation, on account of race, color, religion, sex,
(Ord. 11-1996, passed 8-19-96)
§ 95.07 INTERFERENCE, COERCION, OR INTIMIDATION.
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 §§ 95.03, 95.04,
95.05, or 95.06 of this chapter.
(Ord. 11-1996, passed 8-19-96)
§ 95.08 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
Whoever, whether or not acting under color of law, by force or threat of
force willfully injures, intimidates or interferes with, or attempts to injure,
intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, handicap,
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; or
(B) Any person because he is or has been, or in order to intimidate
such person or any other person or any class of persons from:
(1) Participating, without discrimination on account of race,

color, religion, sex, handicap, familial status, or national origin, in any of the
activities, services, organizations or facilities described in division (A); or
(2) Affording another person or class of persons opportunity or

protection so to participate; or
(C) Any citizen because he is or has been, or in order to discourage

such citizen or any other citizen from lawfully aiding or encouraging other
persons to participate, without discrimination on account of race, color, religion,
sex, handicap, familial status, or national origin, in any of the activities, services,
organizations or facilities described in division (A), or participating lawfully in
speech or peaceful assembly opposing any denial of the opportunity to
participate shall be fined not more than $1,000.
(Ord. 11-1996, passed 8-19-96)
§ 95.09 EXEMPTIONS
(A) Exemptions defined or set forth under Title 22-9.5-3 et. seq. of
Indiana
Code 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.
(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 such persons, unless membership in
such 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 such lodgings to its members or from giving preference to its
members.
(C) (1) Nothing in this chapter regarding familial status shall apply
with respect to housing for older persons.
(2) As used in this section, "housing for older persons" means

housing:
(a) Provided under any state of 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); or
(b) Intended for, and solely occupied by, persons 62

years of age or older; or
(c) Intended and operated for occupancy by at least one

person 55 years of age or older per unit.
(Ord. 11-1996, passed 8-19-96)
§ 95.10 ADMINISTRATIVE ENFORCEMENT OF CHAPTER.
(A) The authority and responsibility for properly administering this
chapter and referral of complaints hereunder to the Commission as set forth in
division (B) hereof shall be vested in the Chief Executive Officer of the city.
(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 by
Complainants to the Indiana Civil Rights Commission ("Commission") for
administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code
and the Chief Elected Officer of the city shall refer all said complaints to the
Commission as provided for under division (A) of this section to said Commission
for purposes of investigation, resolution and appropriate relief as provided for
under Title 22-9.5-6 of Indiana Code.
(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 Chief Executive Officer and the Commission to further such
purposes.
(D) The Chief Executive Officer of the city, or the Chief Executive
Officer's designee, shall provide information on remedies available to any
aggrieved person or complainant requesting such information.
(Ord. 11-1996, passed 8-19-96)
§ 95.11 SEPARABILITY OF PROVISIONS.
If any provision of this chapter or the application thereof to any person or
circumstances shall be determined to be invalid, the remainder of the Ordinance
and the application of its provisions to other persons not similarly situated or to
other circumstances shall not be affected thereby.
(Ord. 11-1996, passed 8-19-96)
CHAPTER 96: GARBAGE AND REFUSE COLLECTION
Section
Garbage Collection
96.01 Definitions
96.02 Collection of garbage
96.03 Notice of rules and regulations
96.04 Regulations for garbage collection
96.05 Rates for collection of heavy items
96.06 Exception for appliances containing freon gases
Refuse Disposal
96.10 Burning trash and leaves on streets

96.11 Disposing of refuse within business district
City Dump
96.20 Restricted use of dump
Rates
96.25 Charges for special collections
96.99 Penalty
Cross-reference:
Littering prohibited in parks, see § 99.19
Solid waste disposal, see IC 36-9-30-1 et seq.
GARBAGE COLLECTION
GARBAGE. Food stuffs and food products, usable or unusable, including

any matter or substance in connection therewith, placed and deposited in a
container required by the city for the purpose of collection of the same as
garbage. ('67 Code, § 94.0l)
TRASH AND REFUSE. Any ashes, papers, cans, bottles, discarded

household articles or materials, grass, earthenware, and all other described
substances discarded by a householder or apartment dweller which may be
deposited in refuse cans or other suitable containers meeting the requirements of
the Board of Public Works and Safety of the city, not to exceed 32 gallon
capacity. However, "TRASH AND REFUSE" shall not include large household
appliances or machines such as refrigerators, stoves, furnaces, water heaters, or
building or construction materials, including but not limited to earth, sand,
cinders, rock, concrete (broken or otherwise) roofing, lumber, gravel, sod, and
similar materials. (Ord. 14-1976, passed 10-18-76)
§ 96.02 COLLECTION OF GARBAGE.
(A) The Board of Public Works and Safety shall provide the necessary
personnel and equipment for the collection of all garbage and refuse within the
city authorized to be collected by this chapter.
(B) The Board of Public Works and Safety shall provide for regular
collection service for garbage, trash, and refuse defined in § 96.0l, and may
promulgate rules and regulations governing such routes and services. Provided,
however, that in no event shall the city pick up trash, garbage, or refuse unless it
is placed at the curb or alley line of a street or alley abutting the premises from
which a collection is to be made on the day and prior to the time for collection as
determined by the Board of Public Works and Safety, and provided further that
such trash, garbage, or refuse shall be placed in suitable containers or neatly
bundled and tied as determined by the Board.
(C) Board of Public Works and Safety may provide for collection of other
refuse, trash, and junk at times and in a manner convenient to the city. The
Board may, but need not, require a fee for the collection of all trash, junk, and
refuse except that defined in § 96.0l. Such fee shall take into consideration the
time, labor, and equipment necessary to accomplish any such collection but in no
event shall any collection or pick up be made except at the curb line, alley line, or
inner edge of the roadway of the street or alley abutting the premises from which
such trash, junk, or refuse is to be collected. All fees and charges shall be
uniform and applied generally throughout the city.
Cross-reference:
Keeping garbage on premises, see § 98.01
Rates for collection of heavy items, see § 96.05
§ 96.03 NOTICE OF RULES AND REGULATIONS.
All regulations, rules, and fee schedules shall be communicated to all
property owners of the city by either delivery of the same to each premises from
which collection is to be made or by notice published at least one time in a
newspaper of general circulation in the city at least ten days prior to
implementation. In addition, as much publicity and notice as is possible shall be
given by means of the various media available.
§ 96.04 REGULATIONS FOR GARBAGE COLLECTION.
The following guidelines for residents are hereby adopted as further rules
and regulations for the collection of trash and garbage in the city pursuant to §§
96.0l through 96.03, to-wit:
(A) All refuse and trash shall be placed at the curb or alley line by 6:00
a.m. on collection day.
(B) Metal or plastic containers may not be less than five gallons nor more
than 32 gallons capacity and should not weigh more than 30 pounds each. All
reusable containers should have adequate handles (the city will not be
responsible for breakage of plastic containers or bags.)
(C) Plastic refuse bags of three mil thickness or heavier and paper refuse
bags approved by the city may be used in lieu of metal or plastic cans. Such
bags shall not exceed 32 gallons capacity and should not be filled within six
inches of the top to facilitate handling.
(D) All refuse must be in approved containers, except that newspapers,

wood scraps, and tree or shrubbery trimmings may be securely tied in bundles.
Bundles shall not exceed three feet in length and two feet in diameter.
(E) Garbage and trash may be placed in the same container.
(F) Garbage should be drained and wrapped in paper. The more

wrapping the better. (Garbage will seldom freeze to the container if properly
drained and wrapped.)
(G) Broken glass and sharp metal fragments placed in plastic or paper
bags should be well wrapped with newspaper to prevent rupturing the bag and
causing possible injury to the collection personnel.
(H) Loose paper should be in closed receptacles to prevent scattering.
(I) Garbage can not be collected if frozen to reusable containers.
(J) Refuse should not be placed in grocery bags or cardboard cartons

which may rupture and spill contents.
(K) Residential collection service is not intended to handle significant

quantities of dirt, bricks, masonry, plaster, and construction wastes or other
building materials without special arrangement and for which service a charge
shall be made. A fee schedule for such service will be provided upon request
which is based upon the time, labor, and equipment necessary for the pick up or
collection.
(L) Large household appliances such as stoves, washers, dryers, and

refrigerators will be collected if placed at the curb or alley line of the regular
collection day by 6:00 a.m. All such appliances are dangerous to small children
and all doors and other dangerous features of the appliances shall be removed
and the discarded item made safe before being placed for collection. The city
shall have no liability for persons or property injured or damaged because of the
failure of any person or persons discarding any items to make said discarded
item safe to all other persons.
(Res. passed ll-1-76) Penalty, see § 96.99
§ 96.05 RATES FOR COLLECTION OF HEAVY ITEMS.
The following rates are established for the pick-up and collection of heavy
trash items:
Stoves $3 each
Refrigerators 3 each
Washers (includes dishwashers) 3 each
Dryers 3 each
Any other large appliances 3 each
Any other large items made of metal
3 each
(Res. 2-l986, passed 4-2l-86)
§ 96.06 EXCEPTION FOR APPLIANCES CONTAINING FREON GASES.
Notwithstanding § 96.04(L) or any other provision of § 96.04, the term
"large household appliances" shall not include appliances or objects which
contain freon gas including, but not limited to refrigerators, freezers, air
conditioners and dehumidifiers. Disposal of such appliances shall be handled by
a private EPA certified technician or disposal firm or facility.
(Ord. 4-1995, passed 6-21-95)
REFUSE DISPOSAL
§ 96.10 BURNING TRASH AND LEAVES ON STREETS.
No person shall burn any leaves or trash on any improved street within the
corporate limits of the city.
('67 Code, § 94.05) Penalty, see § 96.99
Cross-reference:
Fire prevention, see Ch. 94
§ 96.11 DISPOSING OF REFUSE WITHIN BUSINESS DISTRICT.
(A) (1) All owners or persons controlling premises in any business area of
this city shall avoid littering them with papers, dirt, or refuse and shall sweep the
sidewalk in front of their premises down to the curb, and gather up all loose
paper and refuse at least once each 24 hours, except when such business is
closed.
(2) All persons accumulating, on any premises owned or controlled

by them in any business city area, any ashes, cans, bottles, discarded articles or
materials, or refuse of any kind, shall deposit same in receptacles having covers
thereon and shall keep the covers in place at all times other than when inserting
or removing the ashes, cans, bottles, discarded articles or materials, or refuse, or
waste of any kind, and keep the unimproved area of their business premises
clean of any ashes or waste materials at all times. ('67 Code, § 94.06)
(B) Incineration units required within business districts; other means of
disposal.
(1) All owners or persons controlling premises in any city business

area shall install a suitable incineration unit on the premises of either masonry or
metal construction, with proper draft and combustion chamber completely
enclosed and of the size and capacity to serve their individual business needs
with a minimum capacity of five bushels. The incinerator unit shall be one
expressly designed for incineration and so designed that paper and other debris
shall be firmly enclosed therein, both at time of burning and at all times when the
unit is used for storage prior to burning.
(2) The Fire Chief shall inspect and approve each incineration unit
before its use, note its conformity with provisions of this chapter, and issue an
annual permit therefor. If he finds the incineration unit does not conform with
provisions of this chapter no permit shall be issued and the incineration unit shall
not be used for burning purposes. The Fire Chief shall inspect annually each
incineration unit in operation and grant or refuse a permit based on continued
conformity with the provisions of this chapter.
(3) In the event the owners or persons controlling premises in the

business area do not install the incineration unit, the owners or persons shall be
prohibited from burning, on their property or in the public way, streets, alleys, or
sidewalks, any paper or other refuse and shall remove all such materials or
refuse to a dump or incineration area. Removal to the dump or incineration area
shall be not less than two times each week, and storage of paper or other refuse
on their properties, pending removal from the properties, shall be in receptacles
with covers in place at all times other than when inserting or removing papers or
other refuse. Owners or persons controlling premises in a business area shall at
all other times keep their premises free of paper. ('67 Code, § 94.07)
(Ord. 6-l966, passed 5-l6-66) Penalty, see § 96.99)
CITY DUMP
§ 96.20 RESTRICTED USE OF DUMP.
All use of the city dump is prohibited except by resolution of the Board of
Public Works and Safety.
('67 Code, § 94.08) (Ord. ll-l962, passed 7-l6-62)
RATES
§ 96.25 CHARGES FOR SPECIAL COLLECTIONS.
A fee for the collection of all trash, junk, and refuse except that as defined
in § 96.0l, hereinafter called special collections, is hereby fixed and established
by this Board, pursuant to the authority granted by this chapter, according to the
following schedule:
(A) (1) The following charges shall be made for special collections,
equipment, and manpower.
Equipment Charge
Payloader $25 per hour

Small dump truck l0 per load
(Brush and like materials)
Small dump truck, l5 per load
heavy trash (appliances,
furniture, and household
debris from moving and
cleaning garages and
basements)
Small dump truck load 25 per load
(building materials,
lumber, shingles,
concrete rocks, and
like materials)
Dual axle truck use 25 per load
(2) All charges listed are minimum charges.
(B) Payment for the special collection service shall be made in advance of
delivery of such service.
(C) Prior to the delivery of such service, the resident requesting such
special collection shall be notified in advance of the charge which the city
proposes to make for such special collection.
(D) All such special collections shall be made on the same day that
regular garbage and trash collection is scheduled for a particular area of the city.
The right to change such schedules is hereby reserved to the Board without
notice, except that notice deemed appropriate by this Board. The Board may
impose any further charge for service for special collections on any day other
than the regular trash and garbage collection day for the resident receiving such
special collection service. Such further charge shall not exceed in any case the
sum of $l00.
(E) The fees and schedules set out in this section shall not apply to any
commercial collection or service, nor to any service by the city to a commercial
establishment or premises.
(Res. passed 11-1-76; Am. Res. 3-1985, passed 11-4-85)
§ 96.99 PENALTY.
(A) Whoever violates any section of this chapter for which another penalty
is not already otherwise provided, shall be subject to the penalty as set forth in §
l0.99.
(B) Whoever violates § 96.l0 shall be fined not less than $l0 nor more
than $1,000.
(C) Whoever violates any provisions of § 96.ll shall be fined not more than
$1,000. (Ord. 6-l966, passed 5-l6-66)
(D) Whoever violates § 96.20 shall be fined not more than $1,000. (Ord.
ll-l962, passed 7-l6-62)
('67 Code, § 94.99)
CHAPTER 97: LIBRARIES
Section
97.01 Public library established

§ 97.01 PUBLIC LIBRARY ESTABLISHED.
A free library for city residents is created and established and also
established as a Library District under the name and style of Beech Grove Public
Library.
('67 Code, § 2.0l)
CHAPTER 98: NUISANCES
Section
General Provisions
98.01 Unsanitary premises

98.02 Weeds to be cut
98.03 Abandoned iceboxes and the like
98.04 Obstructing certain property prohibited
98.05 Placing articles inside Goodwill Industries' boxes
Environmental Public Nuisances
98.15 Purpose
98.16 Definitions
98.17 Application of subchapter
98.18 Determination of violation; preliminary notice
98.19 Failure to abate after notice; enforcement
98.20 Prohibited activity
98.99 Penalty
Cross-reference:
Noise control, see Ch.102
GENERAL PROVISIONS
§ 98.01 UNSANITARY PREMISES.
(A) No owner, lessee, or occupant of any building or structure used for
residence or business purposes, or in connection with either, shall permit
accumulation of dirt, filth, refuse, waste, trash, or any unsanitary or unsightly
matter in any room, hall, or cellar of any residence or business building, or in any
outbuilding or structure used in connection with either.
(B) No person shall erect, continue, use, or maintain or permit to be

erected, continued, used, or maintained, in any place on premises owned,
controlled, or used by any such person, any condition, trade, employment, or
business injurious to health, indecent, offensive to senses, or an obstruction to
the free use of property of any other person to an extent as to interfere with the
comfortable enjoyment of life or property of any other person.
('67 Code, § 95.0l)
(C) No person as owner, lessee, or occupant of any premises within the

city, and in connection with the use and occupancy of any such premises, shall
place or keep, or allow to be placed or kept, any waste, trash, debris, junk, or old
parts or old materials, of any kind on any premises owned, leased, or occupied
by any person within the city, or on the premises of any other person for any
period of time longer than is reasonably necessary to dispose of the same.
However, the waste, trash, debris, junk, or old parts or old materials as may be
placed and kept in containers for disposition as required by ordinance, and
further except, however, any usable waste, trash, debris, junk or old parts or old
materials as may be placed or kept in any manner not in violation of the
ordinances of the city and state law in any lawful building or buildings on
premises owned, leased, or occupied by any person. ('67 Code, § 95.02)
Cross-reference:
Garbage and refuse, see Ch. 96
§ 98.02 WEEDS TO BE CUT.
(A) Weeds and other rank vegetation on city real estate are declared to
be a nuisance.
(B) No owner of any lot or ground within the city shall allow the same to
become overgrown with weeds or other rank vegetation.
('67 Code, § 95.03)
(C) Owners of real property in the city shall cut and remove weeds or
other such vegetation growing on the property.
(1) The Clerk-Treasurer and the Board of Public Works and Safety
shall give the owner of the property notice in writing allowing the owner five days
to remove the weeds or such vegetation growing on the owner's property. A five-
day written notice to remove the vegetation must be issued by the Clerk-
Treasurer and sent to the landowner by certified mail addresssed to the
landowner's last-known address.
(2) If the landowner fails to remove the weeds or other vegetation
within the time prescribed, the city may remove the weeds and vegetation. The
Clerk-Treasurer shall make a certified statement of the actual cost incurred by
the city in the removal. The statement must be delivered to the owner of the
property by certified mail, and the owner shall pay the amount to the Clerk-
Treasurer. If the landowner fails to pay the certified amount within ten days after
receiving the statement, a certified copy of the statement of costs shall be filed in
the office of the Marion County Auditor. The Auditor shall place the amount
claimed on the tax duplicate against the real property affected by the work, and
the amount shall be collected as taxes are collected and shall be delivered to the
general fund of the city. *(IC 36-7-l0-3(b), (c))
(Ord. 4-l960, passed 5-2-60; Am. Ord. 11-1986, passed 7-7-86) Penalty, see §
98.99
*Editor's Note: IC 36-7-l0-3 has been

repealed and replaced by IC 36-7-l0.1-1 et seq. However, § 98.02 above
is exempted pursuant to IC 36-7-l0.1-2 which states that new IC 36-7-l0.1-1 et
seq. shall not apply to ordinances adopted before May l5, l99l
§ 98.03 ABANDONED ICEBOXES AND THE LIKE.
(A) No person, firm, or corporation shall store, deposit, or place, or permit
to be stored, deposited, or placed on any premises he owns or controls any
discarded, abandoned, or unused icebox, refrigerator, or other similar container
of an air-tight character, in any place where such icebox, refrigerator, or other
similar container is accessible to children, without first removing all doors
therefrom or rendering completely inoperable all catches, locks, latches, or other
locking devices on the exterior of all doors thereon permitting at all times the
opening of all doors from the interior of the icebox, refrigerator, or other similar
container and prevent any child from becoming imprisoned therein.
(B) This section shall not apply to the delivery, transfer, or removal of any
icebox, refrigerator, or other similar air-tight container from one location to
another while in transit. However, any icebox, refrigerator, or other similar air-
tight container in transit shall not be left unattended in any place accessible to
children for more than l5 minutes at any one time, and after that period of time
the same shall be opened and inspected for the presence of children therein.
(C) Any icebox, refrigerator, or other similar air-tight container stored,

deposited, or placed in any place or allowed to remain on any premises in
violation of this chapter is a common nuisance and may be abated in the manner
provided by law for the abatement of nuisances.
('67 Code, § 95.05) (Ord. 7-l953, passed l0-l6-53) Penalty, see § 98.99
§ 98.04 OBSTRUCTING CERTAIN PROPERTY PROHIBITED.
(A) No fence, wall, hedge, tree, or shrub planting which obstructs
sidelines and elevations between two feet and eight feet above any street shall
be placed or permitted to remain within the triangular area formed by the street
property lines in a line connecting points 20 feet from the intersections of the
street lines upon any corner property within the municipality. This sideline
limitation shall also apply to any lot within ten feet from the intersection of a street
line with the edge of a driveway.
(B) The word TREES, as used in this section, unless otherwise indicated
herein by the contents of a pertinent paragraph, shall be construed to include
shrubs which grow higher than eight feet; shrubs under eight feet in height shall
likewise include vines and plants.
(C) (1) The owner or person in control of a lot or parcel of land in the city
on which any tree, shrub, vine, or plant may be standing adjacent to any public
way, shall trim or cause to be trimmed either to the property line or to a clear
height of at least eight feet above the surface of the public way, all branches
thereof which overhang any portion of the public way or which obstruct or
interfere with the passage of light from any street lighting system, and shall not
plant or maintain anything so close to any property line as to obstruct thereby the
vision of travelers along the streets.
(2) The owner shall, or the city may, remove such trees, shrubs,
vines, or plants and all decayed, unsightly, broken, or dangerous limbs and
branches that overhang or are close to the public way. When any such tree,
shrub, vine, or plant is dead, the owner shall remove it, or after notice of such
intention to the owner, the city may do so and collect the cost from the owner.
(D) The city may enter on any private premises affected by this section to
do such trimming as it determines to be necessary or to remove any such
obstructions herein prohibited and the cost thereof may be taxed to the owner.
§ 98.05 PLACING ARTICLES INSIDE GOODWILL INDUSTRIES' BOXES.
It shall be unlawful for any person to place, abandon, deposit, or leave any
article, package, bundle, or thing at or near any Goodwill Industries or similar
charitable organization collection boxes in the city without placing the article,
package, bundle, or thing inside the collection box.
(Ord. 11-1973, passed 10-1-73)
ENVIRONMENTAL PUBLIC NUISANCES
§ 98.15 PURPOSE.
It is declared to be the purpose of this subchapter to protect public safety,
health, and welfare and enhance the environment of the people of the city by
making it unlawful for property owners and occupants to allow environmental
public nuisances to exist.
(Ord. l9-l979, passed 9-4-79)
§ 98.l6 DEFINITIONS.
AUTHORIZED EMPLOYEE. An employee of the Department of Public
Works and Safety having deputy sheriff powers and who can issue city ordinance
violation summons to enforce the provisions of this chapter.
ENVIRONMENTAL PUBLIC NUISANCE is:
(1) Vegetation on private or governmental property which is

abandoned, neglected, disregarded, or not cut, mown, or otherwise removed and
which has attained a height of 12 inches or more;
(2) Vegetation, trees, or woody growth on private property which,

due to its proximity to any governmental property, right-of-way, or easement,
interferes with the public safety or lawful use of the government property, right-of-
way, or easement.
(3) Property which has been allowed to become a heath hazard, or

which has accumulated litter or waste products, unless specifically authorized
under existing laws and regulations.
EXCLUDED PROPERTY. Cultivated land in commercial, domestic,

agricultural, or horticultural use, a natural or developed forest which does not
create a health or safety hazard; or vacant, open lands, fields, or wooded areas
more than l50 feet from occupied property.
GOVERNMENTAL PROPERTY. Real estate which is owned, leased,

controlled, or occupied by the United States, the state, or any policial subdivision
thereof.
OCCUPANT. The person, firm, partnership, association, corporation,

business, trust, joint stock company, unincorporated organization, religious or
charitable organization, or any owner, person, persons, or entities who are from
time to time in possession or exercising dominion and control over any house or
other structure located on private property.
OWNER. Presumed to be any one or more of the following:
(1) The OWNER in fee simple of a parcel of real estate including

the life tenant or tenants, if any; or
(2) The record OWNER as reflected by the most current records in

the Township Assessors Office of the Township in which the real estate is
located; or
(3) The purchaser of such real estate under any contract for the
conditional sale thereof.
PRIVATE PROPERTY. All real estate within the city, except government
property.
(Ord. l9-l979, passed 9-4-79)
§ 98.17 APPLICATION OF SUBCHAPTER.
(A) Each department or agency of the United States, the state, or any
political subdivision thereof, shall be required to keep governmental property free
from environmental public nuisances.
(B) All owners, lessees, occupants, or other persons in control of any

private property in the city shall be required to keep that private property free
from environmental public nuisances.
(Ord. l9-l979, passed 9-4-79)
§ 98.18 DETERMINATION OF VIOLATION; PRELIMINARY NOTICE.
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 Office of the City Building Inspector, where it shall be assigned a
case number and entered in a Complaint Log Book. An inspector shall visually
inspect the property in question. If the inspector determines that a violation
exists, the Building Inspector shall give written preliminary notice to the occupant
or owner, or both, either by personal service or by first class United States mail,
postage prepaid. Such notice shall state the nature of the alleged environmental
public nuisance and the action deemed necessary to correct the condition, and
shall fix a date not sooner than ten days from the date of receipt of the notice
when the property will be reinspected. If, on such reinspection it is determined
that the environmental public nuisance has been corrected, the owner or
occupant shall not be liable for any charges under this subchapter.
(Ord. l9-l979, passed 9-4-79)
§ 98.19 FAILURE TO ABATE AFTER NOTICE; ENFORCEMENT.
(A) If, upon reinspection, it is determined by the inspector that abatement
has not occurred, the city, through its designated employee, shall issue a city
violation summons which will require that the owner or occupant cited appear in
court on a specified date, and shall provide a copy thereof to the City Attorney.
The owner or occupant cited may compromise the offense within five days of
receipt of the summons by admitting liability for the offense and paying a charge
of $l8, either by mailing that amount to the Clerk-Treasurer of the city, or by
appearing in person or by attorney or agent at that office. However, that no
owner or occupant will be permitted to compromise offenses under this
subchapter more than two times in any calendar year.
(B) Upon the failure of any person to respond to the summons as

provided herein, it shall be the duty of the Clerk-Treasurer to report that fact to
the City Attorney and the City Building Inspector, and to furnish the City Attorney
with all relevant information regarding the violation. Enforcement proceedings
shall then be brought in the manner provided by law.
(C) In addition to the foregoing, the city may, by appropriate action, seek
injunctive relief, and may petition the court to enjoin or order the abatement of
any violation of this subchapter.
(D) If, upon reinspection, it is determined by the inspector that abatement

has not occurred, and that the environmental public nuisance constitutes a
menace to the health and safety of the people of the city, then the city, or its
designee, may enter the premises and abate the offending condition.
(1) As compensation to the city for its services in the enforcement

of this section, the owner or occupant shall within ten days pay to the Clerk-
Treasurer of the city or the Treasurer of the county the following fees and
charges:
(a) Eight dollars for each inspection necessary to determine

compliance with the provisions of this subchapter.
(b) Eight dollars for determining private property ownership,

if necessary.
(c) Three dollars for each time a first class letter is mailed to
an owner or occupant.
(d) Ten dollars per man hour, or fraction thereof, for labor
necessary to abate the environmental public nuisance.
(e) Twenty-five dollars per machine hour or fraction thereof

for the use of each piece of equipment used in abating an environmental public
nuisance.
(2) Whenever the city, or any agent or contractor on its behalf,

correct or abates an environmental public nuisance on private property, there
shall be a minimum assessment of $50 as a service fee plus the appropriate
administration fees listed above.
(3) Upon the failure of the owner or occupant to pay the

appropriate fees and charges within the ten-day time period, the city shall have a
lien upon the offending private property to the full extent of the value of the act or
acts performed, or the services rendered or both, in accordance with the fee
schedule listed above. In addition, there will be a $l0 charge for services
necessary in order to perfect the lien. The lien shall be perfected in the following
manner:
(a) By the adoption by the Board of the Department of

Public Works and Safety at any regular or special meeting thereof of an
assessment resolution which shall give the name of the owner or owners, a
description of the offending private property, and the amount of the charges being
assessed; and
(b) The certification of such assessment resolution to the

Auditor of Marion County, Indiana, who by special assessment shall cause the
amount thereof to be placed on the tax duplicate for the offending private
property subject to collection as in the nature of an additional or supplemental
real property tax.
(c) Contemporaneously with the certification of the

assessment resolution to the County Auditor, the Department of Public Works
and Safety may additionally elect to render a written statement of the amount due
to each offending owner and such owner shall also be liable in an action to
recover the aforesaid amount.
(Ord. 19-1979, passed 9-4-79)
§ 98.20 PROHIBITED ACTIVITY.
It shall be unlawful for any property owner or occupant to allow an environ-
mental public nuisance to exist.
(Ord. l9-l979, passed 9-4-79)
§ 98.99 PENALTY.
(A) Whoever violates § 98.0l shall be fined not more than $300. Each
day's violation shall constitute a separate offense.
(B) Whoever violates any provisions of § 98.02 shall be fined not less
than $25. (Ord. 4-l960, passed 5-2-60)
(C) Whoever violates § 98.03 shall be fined not less than $l0 nor more
than $l00 for each violation. (Ord. 7-l953, passed l0-l6-53)
(D) Whoever violates any provisions of § 98.04 shall be fined not less
than $5 nor more than $ l00 for each offense. (Ord. 9-l968, passed 1-20-69)
('67 Code, § 95.99)
(E) Any person who violates the terms of § 98.05 shall, upon conviction,
be fined in any amount not to exceed $l00. (Ord. ll-l973, passed l0-1-73)
(F) Except as otherwise provided herein, any person convicted of a

violation of §§ 98.l7 through 98.20 shall be punished by a fine of not more than
$1,000. Each day such violation is permitted to continue may be deemed to
constitute a separate offense. (Ord. l9-l979, passed 9-4-79)
CHAPTER 99: PARKS AND RECREATION
Section
99.01 Hours
99.02 Injury to property, vegetation
99.03 Removal of property
99.04 Prohibited conduct
99.05 Animals in parks
99.06 Molesting animals
99.07 Limitations on vehicles
99.08 Picnics
99.09 Fire control
99.10 Advertising
99.11 Sales within parks
99.12 Hazardous games and activities prohibited
99.13 Public meeting areas
99.14 Toilet facilities
99.15 Use of waterways
99.16 Bicycles, skateboards
99.17 Ball playing
99.18 Playing on bridges and roadways prohibited
99.19 Littering prohibited
99.20 Parking regulations
99.21 Fees
99.22 Enforcement
Cross-reference:
Department of Parks and Recreation, see § 35.060
Park and recreation law, see IC 36-l0-3-1 et seq.
§ 99.01 HOURS.
(A) During the season, when so declared by the Board of the Department
of Parks and Recreation, the public parks shall be open to the public from 6:00
a.m. until l0:00 p.m. However, upon written order of the Park Directors or on
special occasions, the hours may be changed and fixed generally different from
such specified hours.
(B) It shall be unlawful for any person, other than an employee of the city
in the course of his employment, or except while traveling on an established
highway through a park, to be or remain in any park during any time it is not
open, or to use any park at any time for any unlawful meetings or purposes.
(Res. 1-l978, passed 4-l0-78) Penalty, see § l0.99
§ 99.02 INJURY TO PROPERTY, VEGETATION.
(A) It shall be unlawful for any person to write on, cut, mutilate, deface,
damage, remove, or destroy in any manner any building, equipment, structure,
fountain, fence, bench, masonry, statue, ornament, or any other property, real or
personal, or any appurtenances thereto, owned or operated by the city or its
Department of Parks and Recreation, and located upon or in any park,
playground, or any other place or property under the control of the Department.
It shall be unlawful to damage, remove, or destroy any property leased or loaned
to or by the Department, including any property on which a concession has been
granted by such Department, or belonging to any person and rightfully upon park
property.
(B) It shall be unlawful for any person who is not an employee of the
Department of Parks and Recreation, or who is not authorized to do so by the
Department, to pull, pluck, break, plant, trample, climb into, injure, mutilate,
remove, or destroy any tree, shrub, plant, vine, hedge, flower, or fruit, whether
wild or cultivated, or to cut, break down, bend, damage the bark, or trim any
sapling, tree, shrub, or plant, or any limbs, branches, twigs, or leaves thereof,
that is growing and located in any public park, street, tree row, or playground, or
on any property controlled, leased, or loaned to others by the Department or on
which a concession has been granted by it, or on any other property outside a
park and which is under the control of supervision of the Department of Parks
and Recreation.
§ 99.03 REMOVAL OF PROPERTY.
It shall be unlawful to remove, relocate, damage, or destroy any benches,
seats, tables, equipment, or other movable property, at any time from their places
in the park, or other park property, without permission from the park custodian or
other authorized park official.
§ 99.04 PROHIBITED CONDUCT.
(A) (1) It shall be unlawful for any person to use profane, obscene, lewd,
threatening, or abusive language; or to fight, quarrel, or throw any stone or
missile; or to behave in a loud or disorderly manner; or to commit any offenses
against decency, good morals, or contrary to law; or to litter, dump or deposit any
garbage or other offensive substance or article upon any park, playground, or
any other property under the control or supervision of the Department of Parks
and Recreation, or on any property leased or loaned or on which a concession
has been granted by it; or to use or participate with others in using any such
places for any subversive, seditious, or other unlawful purposes.
(2) No unlawful, threatening, abusive, profane, lewd, or indecent

language, gesture, or conduct shall be permitted in, or in the vicinity of any
recreation center or playground; nor shall any person who is lawfully in such
place be annoyed or unlawfully touched.
(B) It shall be unlawful for any person to gamble, or violate any federal,
state, or city laws pertaining thereto, or to beg in any public park, playground, or
any other place controlled by the Department of Parks and Recreation.
(C) It shall be unlawful for any person, unless authorized by resolution of

the Board of Parks and Recreation, to discharge any firearms or air rifles, or to
have possession of any firearms or other explosive devices or air rifles, or to
endanger others by the use of any weapon, article, or device or air rifle, within
any park, playground, or on any property controlled or leased by the Department
of Parks and Recreation, or on which a concession has been granted by it.
(D) It shall be unlawful for any person to be intoxicated or be under the

influence or effect of narcotics, or to use alcohol or narcotics in any park,
playground, community building, or other premises or places under the
jurisdiction or control of the Department of Parks and Recreation, without the
permission of the Board.
(E) Sleeping in parks, playgrounds, park lands, or any bench or other

equipment located in or on any park premises is prohibited, except in such
places and at such times as may be especially designated therefor and permitted
by the Board of Parks and Recreation.
(F) The consumption or possession of alcohol in any park is prohibited.

§ 99.05 ANIMALS IN PARKS.
(A) It shall be unlawful for any person, being the owner of or having
control thereof, and without permission of the Board of Parks and Recreation, to
suffer or permit any chickens, ducks, geese, swans, hogs, cattle, horses, sheep,
goats, or any other animals or fowl, to stray into or to run at large or unattended
or to trespass upon any park, playground, waters, or any property controlled,
leased, or loaned by the Department of Parks and Recreation or on which a
concession has been granted by it. Any of the animals or fowl prohibited by this
division, straying into, running at large, or unattended or trespassing on park
lands may be impounded by the Department of Parks and Recreation and, if not
reclaimed and the costs thereof paid by the owners, may be sold as provided by
law and this code for the disposal of stray animals which are held in the city
pound.
(B) It shall be unlawful for any person harboring or controlling a dog to

permit or to suffer such dog, when not attended and under the control of the
person and held by a leash, to be in any park, and dogs shall be forbidden to be
in any playground.
(C) It shall be unlawful for any person to ride, lead, or drive a horse, mule,
pony, donkey, or other beast of burden on any park property; except that the
Board of Parks and Recreation may designate certain portions of park property
as bridle paths or other areas wherein horses and other equine animals may be
ridden, after securing a written permit therefor from the Board. Horseback and
other animal riding shall be confined exclusively to designated bridle paths and in
public parks, or to other places set apart for such use. Reckless riding or racing
at any place shall be unlawful. Riding horses or other animals on or across grass
lawns, flower beds, or any other park property, other than bridle paths or places
designated therefor, shall be unlawful. No horses shall be permitted in any park
except on roadways or designated bridle paths.
§ 99.06 MOLESTING ANIMALS.
It shall be unlawful for any person, not an employee of the Department of
Parks and Recreation or not so authorized by such Department, to chase, catch,
trap, injure, molest, kill, disturb, annoy, or remove any animal, bird, fish, reptile, or
fowl, either wild or domestic, on land, in the air or water, or in any place in any
park, zoo, or playground, or on any property controlled, leased, or loaned by the
Department, or on which a concession has been granted by it.
§ 99.07 LIMITATIONS ON VEHICLES.
Trucks and other vehicles may be restricted, prohibited, or regulated in
any manner deemed necessary for the public safety and welfare in using the
parks and other places under the control of the Department of Parks and
Recreation, by signs posted under authority of the Park Board and by regulations
and permits issued by it, and as otherwise provided by these regulations.
§ 99.08 PICNICS.
Picnics may be held in any public park by obtaining from the Board of
Parks and Recreation, or the custodian of the park or Park Directors, a permit
therefor in which will be designated the time, place, and the conditions and
regulations upon which the picnic may be held. It shall be unlawful for any
person who is not invited or included by the sponsors thereof to intrude himself
upon a picnic, without the consent of those in charge thereof, or to disturb any
picnic within the park. The Board shall adopt such general rules and regulations
as necessary for compelling persons holding picnics or eating anything within
any public park to clean up the ground and remove or dispose of all food, paper,
litter, and other debris before leaving the premises. Picnics within l00 feet or
within the space designated for ball diamonds, tennis courts, playgrounds,
horseshoe courts, archery ranges, or in other areas set aside for such uses, is
prohibited. Eating by any person in parks may be limited to areas set aside
therefor.
§ 99.09 FIRE CONTROL.
(A) It shall be unlawful for any person, not an employee of the
Department of Parks and Recreation, to build, kindle, or ignite a fire for cooking,
heat, or any other purpose in any park, playground, or on any property controlled
or leased by the Department or on which a concession has been granted by it, or
on any other property under the control or supervision of the Board of Parks and
Recreation, except as allowed for any such purposes in accordance with such
regulations as the Board shall establish regulating the use of outdoor ovens at
any designated place or other such uses in certain areas.
(B) There shall be no fires permitted in any park except in approved

fireplaces or charcoal burners and use of charcoal burners on picnic tables is
prohibited.
(C) All ashes and charcoal shall be discarded in fireplaces only.
Cross-reference:
Fire protection, see Ch. 94
§ 99.10 ADVERTISING.
It shall be unlawful for any person to paint, post, or otherwise affix any bill,
notice, or advertising sign upon any structure, tree, or thing within any park,
playground, or other property under the control of the Department of Parks and
Recreation, without first having obtained written permission therefor from the
Board of Parks and Recreation.
§ 99.11 SALES WITHIN PARKS.
It shall be unlawful for any person to sell, offer for sale, or barter any
goods, wares, or merchandise of any kind whatever within any public park,
playground, or other park property, without first having obtained written consent
or a concession therefor from the Board of Parks and Recreation.
(Res. 1-l978, passed 4-l0-78) Penalty, see § 10.99
§ 99.12 HAZARDOUS GAMES AND ACTIVITIES PROHIBITED.
(A) It shall be unlawful for any person to drive golf balls, fly model planes,
throw objects, practice archery or shooting, or participate in any other games or
activities which are hazardous to others on property controlled or operated by the
Board of Parks and Recreation, or located in or on any park or playground.
However, the Department of Parks and Recreation may set aside and designate
places and specify the times and regulations for engaging in any such activities.
(B) Model airplane flying shall be prohibited in any park.
(C) The use or possession of sling shots shall be prohibited in any park.
(D) There shall be no golf practiced or played in any park.

§ 99.13 PUBLIC MEETING AREAS.
In these areas:
(A) Public meetings and public forums may be permitted for any lawful
purpose or use, after obtaining a permit therefor from the Board, to be issued
free of charge. In public meetings and public forums held at any time the use of
loudspeakers and other devices is restricted, so that sound therefrom shall cover
only the area where the public forum or public meeting is being conducted and
shall not annoy or unduly interfere with the use of the park for other purposes in
the areas set aside therefor.
(B) The Board may set aside various areas of the city parks, including
entire parks, upon specified and reasonably limited occasions or periods of time
for concerts or theatrical performances or for some other special purpose, and
may prohibit the use of any or all such areas by other persons at any such times,
except for such use therefor which is prescribed and then allowed for such area.
§ 99.14 TOILET FACILITIES.
No person of the opposite sex, except children under four years of age in
charge of an adult, shall enter any such facility provided for the other sex.
§ 99.15 USE OF WATERWAYS.
(A) There shall be no fishing in the parks except by persons under the
age of l6 years, and no fishing shall be permitted under any bridge.
(B) No person shall throw any item into any pool, stream, or waterway in
any park.
(C) Swimming and wading in any creek, pool, or waterway in any park is
prohibited.
§ 99.16 BICYCLES, SKATEBOARDS.
Bicycles are prohibited from playgrounds, bridges, tennis courts, and
ballfields. The use of skateboards is prohibited in any park.
§ 99.17 BALL PLAYING.
(A) There shall be no softball, Little League practice, or games on the
baseball diamonds of any park without the written permission of the Park
Directors.
(B) Ball playing of any kind shall be prohibited in any playground area in
any park.
§ 99.18 PLAYING ON BRIDGES AND ROADWAYS PROHIBITED.
There shall be no playing in any roadways or on any bridges in any park.
§ 99.19 LITTERING PROHIBITED.
All park patrons and users shall deposit all trash and refuse in the
receptacles provided.
Cross-reference:
Garbage and refuse collection, see Ch. 96
§ 99.20 PARKING REGULATIONS.
There shall be no parking of vehicles in any driveway in any park.
§ 99.21 FEES.
The following fees for use are adopted:
Shelters: $2 City resident

l0 Non-resident
Ball diamond: No charge City resident

$l0-game Non-resident
The Board of Parks and Recreation, the Directors of Parks and
Recreation, park superintendents, recreation supervisors, park police, police of
the city and of the state, all health authorities, and the custodians and other
employees of the Department of Parks and Recreation holding special police
powers are authorized and empowered to enforce any and all provisions of this
chapter and laws of the state and city in all places under the control of the
Department of Parks and Recreation.
(Res. 1-1978, passed 4-10-78)
CHAPTER 100: STREETS AND SIDEWALKS
Section
100.01 Definitions
100.02 Grade line; natural grade line
100.03 Raising grade line
100.04 Curbs and sidewalks
100.05 Changing street name upon petition by high school students
Cross-reference:
Street excavations to install plumbing, sewer system, see § 50.66 et seq.
Board of Public Works and Safety to execute all work on streets, see IC
36-9-6-7
ESTABLISHED GRADE. That elevation and grade of any street curb as

fixed by the city.
NATURAL GRADE. That elevation of any undisturbed natural surface of

any property adjacent to any street and shall be determined by the elevation
height of the property at the place where it abuts any street. However, in any
block where a variance in "natural grade" exists, the "natural grade" shall be
construed as that natural elevation and grade within the block which is most
uniform and usable by a majority of parcels of real estate abutting the street.
('67 Code, § 96.0l)
§ 100.02 GRADE LINE; NATURAL GRADE LINE.
(A) The grade line of property located in city business districts and used
for wholesale or retail business shall be the established grade of the property.
('67 Code, § 96.02)
(B) The natural grade of all property shall be held as nearly as possible to
uniform elevation for the benefit of all property owners within any block in the city,
and any such natural grade shall not be raised except to conform with existing
property in any block. ('67 Code, § 96.04)
§ 100.03 RAISING GRADE LINE.
Where the natural grade of any property is below the established grade,
the natural grade may be raised to the established grade, or above the
established grade, if so raised to conform with the grade of other property
already existing and raised above the established grade, except wholesale or
retail business property.
('67 Code, § 96.03)
§ 100.04 CURBS AND SIDEWALKS.
(A) Construction, repair, and replacement of curbs and sidewalks in the
city will inure to the general benefit to the city citizens at-large, and render a
specific particular benefit to property owners in the area where improvements are
to be located. ('67 Code, § 96.05)
(B) The city shall bear a proportionate cost of construction, repairs, or

replacements on a percentage of cost basis and should be equivalent to 50% of
the total cost of construction, repair, or replacement, exclusive of all intersection
costs which the city may elect to assume, excepting therefrom only corner lots
where construction is on and along the side lot line rather than in front of the
corner lot. On corner lots where construction is on and along the side lot line
rather than in front of the corner lot, the city shall bear a proportionate cost of
construction, repairs, or replacement on a percentage of cost basis, of 50% of
the total cost of construction, repair, or replacement computed as though
construction, repair, or replacement was on and along the front lot line of the
premises rather than the side lot line, using as a base of cost the front lot
footage, regardless of actual side lot footage. ('67 Code, § 96.06)
(C) Abutting property owners in the area in which the improvements are to
be located shall bear a proportionate cost of construction, repairs, or
replacement, on a percentage of cost basis and should be equivalent to 50% of
the total cost of construction, repair, or replacement. However, corner lot owners
proportionate shares shall be computed on the total cost basis as set forth in
division (B), above. ('67 Code, § 96.07)
(D) Procedures to be followed in each area where construction, repairs,

or replacements of sidewalks is located shall be determined by the Board of
Public Works and Safety in accordance with governing statutes. ('67 Code, §
96.08)
(Ord. 9-l957, passed 6-l7-57; Am. Ord. l3-l960, passed ll-1-60)
§ 100.05 CHANGING STREET NAME UPON PETITION BY HIGH SCHOOL
STUDENTS.
The name of Pacific Avenue between Emerson Avenue and Beech Grove
High School shall be changed to Hornet Avenue at the request of Beech Grove
High School students.
(Ord. 1-l98l, passed 2-l6-8l)
CHAPTER 101: VEHICLES; ABANDONED,
JUNKED, AND THE LIKE
Section
101.01 Short title

101.02 Definitions
101.03 Prohibition
101.04 Removal and disposal
101.05 Appraisal of abandoned vehicles
101.06 Disposal of vehicles
101.07 Repayment to owner
101.08 Junk vehicle fund
101.99 Penalty
This chapter shall hereafter be known and cited as the "Abandoned
Vehicle chapter". (Ord. 4-l973, passed 7-2-73; Am. Ord. 9-1988, passed 10-24-
88)
ABANDONED. When used in conjunction with the term vehicle, means:
(1) Any vehicle located on public property which does not have
lawfully affixed thereto or displayed thereon a valid unexpired license plate
permitting its operation upon the highways of the state, or located thereon
illegally.
(2) Any vehicle which is parked or located on public property

continuously without being moved for a period of three days.
(3) Any vehicle parked or located on public property illegally or in

such a manner as to constitute a hazard or obstruction to the movement of
pedestrian or other vehicle traffic on a public right-of-way, street or highway.
(4) Any vehicle that is over six years old and mechanically
inoperable, and is left unattended on private premises in a location which is
visible from public premises for more than 30 days.
(5) 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.
(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 on public property.
BUREAU. The State Bureau of Motor Vehicles.
COMMISSIONER. The Commissioner of the Bureau.
DISPOSAL AGENT. Any firm or individual engaged in the business of

converting vehicles and parts of vehicles into processed scrap or scrap metal.
OFFICER. Any regular member of the state police, any regular member of
a city or town Police Department, or any regular member of the County Sheriff's
Department.
OWNER. The last known record title holder to a vehicle according to the
bureau under the provisions of IC 9-17-2-1 through
9-17-2-8.
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.
PRIVATE PROPERTY. All privately owned property which is not classified

within the definition of public premises.
PUBLIC AGENCY. The City Department of Public Safety and Welfare.
PUBLIC PROPERTY. Any public right-of-way, sidewalk, street, highway,

alley, park, or other state, county, or municipally owned property.
VEHICLE. Any motor vehicle, automobile, motorcycle, truck trailer,

semitrailer, truck tractor, bus, school bus, house car, or motor bicycle.
24-88)
§ 101.03 PROHIBITION.
No person shall abandon his vehicle on any public property or private
property in a location which is visible from public property.
24-88) Penalty, see § 101.99
§ 101.04 REMOVAL AND DISPOSAL.
The Police Department of the city is the authorized agency assigned the
responsibility for removing vehicles defined as abandoned under the provisions
of this chapter or IC 9-9-1.1-1 et seq.
(A) Any vehicle which under the standards established by IC 9-22-1 et

seq. has an appraised value of less than $200 shall be subject to removal,
impoundment, and sale by the city.
(1) After making a reasonable effort to ascertain the owner or

persons who may be in control of the abandoned vehicle by inquiring of other
persons in the neighborhood where the abandoned vehicle is located, such
vehicles shall be tagged by a police officer with a notice tag affixed in a
prominent place on such vehicle and the tag which shall be prepared by the
Police Department shall contain the following information:
(a) That the vehicle or parts are considered abandoned;
(b) That the vehicle or parts will be removed 72 hours

thereafter, impounded and subsequently disposed of;
(c) That the owner will be held responsible for all costs
incidental to the removal, storage, and disposal, and if not paid, the owner's
registration privileges will be suspended;
(d) That the owner may avoid costs or suspension of

registration privileges by removal of the vehicle or parts within 72 hours; and
(e) The date, officer's name, and the address and telephone
number of the city department to contact for information.
(2) No impounded vehicle shall be sold by the city prior to the

expiration of l5 days from the date the city mails a written notice to the owner
advising him that his vehicle has been impounded and must be removed from the
impounding facility by the owner within l5 days of the date of mailing the notice or
the city will proceed to dispose of the vehicle by sale to a disposal agent.
(B) Any vehicle which under the standards established by IC 9-9-1.1-1 et

seq. has an appraised value of more than $200 shall be subject to removal,
impoundment, and sale by the city.
(1) After making a reasonable effort to ascertain the owner or

persons who may be in control of the abandoned vehicle by inquiring of other
persons in the neighborhood where the abandoned vehicle is located, such
vehicles shall be tagged by a police officer with a notice tag affixed in a
prominent place on such vehicle and the tag which shall be prepared by the
Police Department shall contain the following information:
(a) That the vehicle or parts are considered abandoned;
(b) That the vehicle or parts will be removed 72 hours

thereafter, impounded and subsequently disposed of;
(c) That the owner will be held responsible for all costs
incidental to the removal, storage and disposal, and if not paid, the owner's
registration privileges will be suspended;
(d) That the owner may avoid costs or suspension of

registration privileges by removal of the vehicle or parts within 72 hours; and
(e) The date, officer's name and the address and telephone
number of the city department to contact for information:
(2) No impounded vehicle shall be sold by the city prior to the

expiration of 30 days from the date the city mails a written notice by certified mail
to the owner advising him that his vehicle has been impounded and must be
removed from the impounding facility by the owner within 30 days of the date of
mailing the notice or the city will proceed to dispose of the vehicle by sale to a
disposal agent.
24-88) Penalty, see § 101.99
§ 101.05 APPRAISAL OF ABANDONED VEHICLES.
Within five days after removal of an abandoned vehicle to a storage area,
the vehicle shall be appraised by an appraiser who shall be appointed by the
Mayor. The Board of Public Works and Safety may contract with private firms or
individuals, on an annual basis, to perform the function of appraising all
abandoned vehicles which have been removed pursuant to this chapter. Such
contract shall be approved and executed by the Mayor.
('67 Code, § 71.13) (Ord. 4-1973, passed 7-2-73; Am. Ord. 9-1988, passed 10-
24-88)
§ 101.06 DISPOSAL OF VEHICLES.
The final disposal of vehicles valued at either over $200 or under $200
shall be in accordance with the provisions of IC
9-9-1.1-1 et seq. as amended which statute shall operate as a part of this
chapter.
24-88)
§ 101.07 REPAYMENT TO OWNER.
If the proceeds of sale exceed all costs incident to removal, storage, and
disposal of such vehicle, the chief fiscal officer of such city shall repay such
excess to the owner upon his demand from the junk vehicle fund established
under § l0l.08.
24-88)
§ 101.08 JUNK VEHICLE FUND.
There is created by the city a junk vehicle fund which shall be a revolving
fund, and all monies paid to the city for the cost of removal, storage, and disposal
of abandoned vehicles shall be placed in the fund and in no other place. The
fund shall also have added to it such monies as may be appropriated by the
Common Council and such monies also shall not revert but shall remain in the
junk vehicle fund.
24-88)
§ 101.99 PENALTY.
provisions of this chapter shall be fined not more than $100.
(B) Whoever violates § l0l.03 shall be deemed guilty of a punishable

offense and upon conviction thereunder shall be fined not exceeding $l00. Each
day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder. (Ord. 4-l973,
passed 7-2-73; Am. Ord. 9-1988, passed 10-24-88)
CHAPTER 102: NOISE CONTROL
Section
General Provisions
102.01 Public policy

102.02 Unlawful noises enumerated
102.03 Noisy houses disturbing the peace
Noncommercial Sound Trucks
102.15 Definitions
102.16 Registration required; necessary information
102.17 Issuance of registration of statement; possession and
display
102.18 Registration statement amendment
102.19 Operating regulations
102.20 Commercial advertising prohibited
Aircraft Used for Noncommercial Sound Broadcasts
102.30 Definitions
102.31 Registration required; necessary information
102.32 Issuance of registration statement; possession and display
102.33 Amendment of registration statement
102.34 Operation regulations
102.99 Penalty
GENERAL PROVISIONS
§ 102.01 PUBLIC POLICY.
It is hereby declared, as a matter of public policy of the city, as follows:
(A) That the making and creation of loud, unnecessary or unusual

noises of various kinds and by various means within the city limits have so
increased as to constitute a public nuisance;
(B) That the making, creation or maintenance of loud, unnecessary,

unnatural or unusual noises which are prolonged in their time, place and use,
affect and are a detriment to the public health, comfort, convenience, safety,
welfare and prosperity of the residents of the city; and
(C) That the necessity, in the public interest, for the provisions of this
chapter is declared, as a matter of legislative determination for this declaration of
public policy, to be designed to secure and promote the public health, comfort,
convenience, safety and welfare and prosperity, and the peace and quiet of the
inhabitants and visitors in the city.
(Ord. 3-1992, passed 10-6-92)
§ 102.02 UNLAWFUL NOISES ENUMERATED.
Except as otherwise provided in this section, it shall be unlawful for any
person to make, continue or cause to be made or continued any loud,
unnecessary or unusual noise, or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health and peace or safety of others within the
the city. Accordingly, the following acts, among others, are declared to be loud,
disturbing and unnecessary noises and in violation of this section, but such
enumeration shall not be deemed to be exclusive:
(A) Horns and signaling devices. The sounding of any horn or

signaling device on any automobile, motorcycle, or other vehicle in any street or
public place of the city, except as a danger warning; the creation by means of
any such signaling device of any unreasonable loud or harsh sound; the
sounding of any such device for an unnecessary and unreasonable period of
time; the use of any signaling device except one operated by hand, air or
electricity; the use of any horn, whistle or other device operated by engine
exhaust; and the continued or repeated use of any such signaling device when
traffic is for any reason held up, or in any parade, or in any group of vehicles.
(B) Radios and phonographs. Playing, using or operating, or permitting

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

operating, or permitting to be played, used or operated, any radio or television
receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or
other machine or device for producing or reproducing sound at any place upon
the public streets or in any vehicle used for the transportation of persons for hire
as a common carrier, for the purpose of commercial or other kind of advertising
or attracting the attention of the public to any activity or building or structure,
which is so used as to disturb and annoy other persons in their businesses,
homes or elsewhere in their right of personal privacy and quiet.
(D) Yelling or shouting. Yelling, shouting, hooting, whistling or singing

on the public streets, particularly between the hours of 9:00 p.m. and 8:00 a.m.,
or at any time or place so as to annoy or disturb the quiet, comfort or repose of
persons in any
office, or in any dwelling, hotel or other type of residence, or of any person in the
vicinity.
(E) Animals or birds. The keeping of any animal or bird which, by

causing frequent or long-continued noise, shall disturb the comfort or repose of
any person in the vicinity.
(F) Steam whistles. The blowing of any locomotive steam whistle, or

steam whistle attached to any stationary boiler, or one operated by any other
means, except to give notice of the time to begin work or stop work, or as a
warning or fire or danger, or upon request of the proper city authorities.
(G) Exhausts. The discharge into the open air of the exhaust of any
steam engine, internal-combustion engine or any other type of engine or power
unit on a motorboat, motor vehicle, motorcycle or any other vehicle or craft of any
kind, except through a muffler or other device which will effectively reduce and
prevent loud or explosive noises therefrom.
(H) Defect in vehicle or load. The use of any automobile, motorcycle or

other kind of vehicle so out of repair, or so loaded, or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noises.
(I) Loading, unloading or opening boxes. The creation of a loud and

excessive noise in connection with loading or unloading any vehicle, or the
opening and/or destruction of bales, boxes, crates and containers.
(J) Construction or repairing of buildings. The erection, excavating for
demolition, alteration or repair of any building, other than between the hours of
7:00 a.m. and 6:00 p.m. on weekdays and 12:00 p.m. to 6:00 p.m. on Sundays,
except in case of urgent necessity in the interest of public health and safety, and
then only with a permit from the Building Commissioners, which permit may be
granted for a period not to exceed three days while the emergency continues. If
the Building Commissioners should determine that the public health and safety
will not be impaired by the erection, demolition, alteration or repair of any
building, or the excavation therefor, or of any streets and highways, between the
hours of 6:00 p.m. and 7:00 a.m., and that loss or unusual inconvenience would
result to any party in interest, it may grant permission for such work to be done
between the hours of 6:00 p.m. and 7:00 a.m., upon application being made at
the time the permit for the work is issued or during the progress of the work.
(K) Schools, courts, churches and hospitals. The creation of any

excessive noise on any street adjacent to any school, institution of learning,
church or court while it is in use, or adjacent to any hospital which unreasonably
interferes with the operation thereof or which disturbs or unduly annoys patients
in the hospital; provided that conspicuous signs are displayed in such streets
indicating that the same has been declared and is a school, hospital or other
such quiet zone.
(L) Hawkers and peddlers. The loud shouting and crying of peddlers,
hawkers and vendors which disturb the peace and quiet of the neighborhood.
(M) Drums. The use of any drum, horn or other instrument or device for
the purpose of attracting attention by creation of noise to any performance,
exhibition, show or sale; except in a parade or place for which a permit has been
granted.
(N) Transporting metal rails, pillars and columns. The transportation of

rails, pillars or columns of iron, steel or other material over and along the streets
and other public places of the city, upon carts, drays, cars, trucks or in any other
manner so loaded as to cause loud noises or as to disturb the peace and quiet of
such streets or other public places.
(O) Railway cars and buses. Causing, permitting or continuing any

excessive, unnecessary and avoidable noise in the operation of a bus or railway
car by reason of defective conditions therein or of its tracks.
(P) Pile drivers and hammers. The operation between the hours of
9:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance the use of which is attended by
loud or unusual noise, except when being operated by a public utility in
connection with emergency repairs of such utility.
(Q) Blowers. The operation of any noise-creating blower or power fan,
or any internal-combustion engine, the operation of which causes noises due to
the explosion of operating gases or fluids, unless the noise from the blower or fan
is muffled and the engine is equipped with a muffler device sufficient to deaden
such noise.
(R) Vendor's vehicle. Using, operating or playing, or permitting to be

used, operated or played, any bell, radio, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for producing or
reproducing sound in or upon any vehicle used for the transportation and sale of
any goods, wares or merchandise in or upon any of the streets or highways
within the city.
(S) Portable radios in public conveyances. The audible using,

operating or playing, or permitting to be used, operated or played, any radio,
musical instrument or electronic recording device of any kind or character
whatever in any public conveyance, except taxicabs and jitneys, operating in the
city; provided, however, it shall not be unlawful to listen to any such device by
means of earplugs inserted in the hearer's ear and inaudible to any other person.
§ 102.03 NOISY HOUSES DISTURBING THE PEACE.
It shall be unlawful for any person to permit noisy or riotous person, or
persons of disorderly character, to assemble in any house owned, occupied or
controlled by him.
NONCOMMERCIAL SOUND TRUCKS
SOUND AMPLIFYING EQUIPMENT. Any machine or device for the

amplification of the human voice, music or any other sound; such term shall not
be construed as including standard automobile radios when used and heard only
by occupants of the vehicle in which they are installed, or warning sirens, horns
or other devices or authorized emergency vehicles, or horns or other warning
devices on other vehicles used only for traffic safety purposes.
SOUND TRUCK. Any motor vehicle or other vehicle having mounted

thereon or attached thereto any sound amplifying equipment or device.
(Ord. 3-1992, passed 10-6-92)
§ 102.16 REGISTRATION REQUIRED; NECESSARY INFORMATION.
No person shall use, or cause to be used, a sound truck with its sound
amplifying equipment in operating for noncommercial purposes in this city,
without first filing a registration statement with the Clerk-Treasurer in writing. The
registration statement shall be filed in duplicate and shall state the following:
(A) The name and home address of applicant;
(B) The address of the place of business of the appliant;
(C) The license number and motor number of the sound truck to be
used by the applicant;
(D) The name and address for the person who owns the sound truck;
(E) The name and address of the person having direct charge of the
sound truck;
(F) The names and addresses of all persons who will use or operate
the sound truck;
(G) The purposes for which the sound truck will be used;
(H) A general statement as to the section or sections of the city in

which the sound truck will be used;
(I) The proposed hours of operation of the sound truck;
(J) The number of days of proposed operation of the sound truck;
(K) A general description of the sound-amplifying equipment which it is

to be used;
(L) The maximum sound-producing power of the sound amplifying

equipment to be used in or on the sound truck, stating the following:
(1) The wattage to be used;
(2) The volume in decibels of the sound which will be produced;

and
(3) The approximate maximum distance for which sound will be

produced.
(M) That the sound truck will not be used for any or unlawful purpose, and
will comply with all laws and regulations applicable thereto.
§ 102.17 ISSUANCE OF REGISTRATION OF STATEMENT; POSSESSION
AND DISPLAY.
The Clerk-Treasurer shall return to each applicant for the registration of a
noncommercial sound truck, one copy of the registration statement, duly certified
by her/him as a correct copy of the application, which copy shall be in the
possession of any person operating the sound truck at all times while its sound
amplifying equipment is in operation, and shall be promptly displayed and shown
to any police officer of the city, upon request.
§ 102.18 REGISTRATION STATEMENT AMENDMENT.
All persons using or causing to be used sound trucks for noncommercial
purposes shall amend any registration statement filed pursuant to this
subchapter within 48 hours after any change in the information furnished therein.
(Ord. 3-1992, passed 10-6-92)
§ 102.19 OPERATING REGULATIONS.
The noncommercial use of sound trucks at any time and place in the city,
not otherwise prohibited, with sound ampliying equipment in operation shall be
subject to each of the following conditions and regulations.
(A) The only sound permitted shall be music or human speech;
(B) The operation thereof shall be permitted for four hours each day,
except on Sundays and legal holidays, when such operation shall not be
authorized. The permitted four hours of operation shall be between the hours of
11:30 a.m. and 1:30 p.m., and between the hours of 4:30 p.m. and 6:30 p.m.;
(C) Sound amplifying equipment shall not be operated unless the

sound truck upon which such equipment is mounted is not in motion;
(D) Sound shall not be issued within 100 yards of hospitals, schools,
churches or courthouses, or in any area established by the city as a quiet zone;
(E) No sound truck with its amplifying device in operation shall be

operated on Main Street between 1st and 13th Avenue, as at any time defined by
this code or other city ordinance;
(F) The human speech and music amplified shall not be profane, lewd,
indecent, slanderous or unlawful;
(G) The volume of sound shall be controlled so that it will not be audible
for a distance in excess of 100 feet from the sound truck and so that the volume
is not unreasonably loud, raucous, jarring, disturbing or a nuisance and
annoyance to persons within the area of audibility;
(H) No sound-amplifying equipment shall be operated within excess of

15 watts of power in the last stage of amplification; and
(I) No use thereof shall be in violation of any federal or state statute,

this code or any other city ordinance.
§ 102.20 COMMERCIAL ADVERTISING PROHIBITED.
Except as otherwise expressly provided in this chapter, no person shall
operate or cause to be operated any truck for commercial advertising purposes
at any time or place in this city with the sound-amplifying equipment in operation.
AIRCRAFT USED FOR NONCOMMERCIAL
SOUND BROADCASTS
AIRCRAFT. Any contrivance now known, or hereafter invented, used or

designated for navigation or for flight in the air; such term shall include all types
of airplanes, helicopters and lighter-than-air dirigibles and balloons.
SOUND-AMPLIFYING EQUIPMENT. Any machine or device for the

amplification of music, the human voice or any other noise or sound; such term
shall not be construed as including warning devices on authorized emergency
aircraft, or any horn, siren or other warning devices used only for traffic safety
purposes.
(Ord. 3-1992, passed 10-6-92)
§ 102.31 REGISTRATION REQUIRED; NECESSARY INFORMATION.
No person shall operate or cause to be operated any aircraft for
noncommercial purposes, in or over the city, with sound amplifying equipment in
operation, before filing a registration statement with the Clerk-Treasurer in
writing. Such registration statement shall be filed in duplicate and shall state the
following:
(A) The name and home address of the applicant;
(B) The address of the place of business of the applicant;
(C) The federal license number and aircraft motor number of the
aircraft to be used by the applicant;
(D) The name and address of the person who owns the aircraft;
(E) The name and the address of the person having direct charge of
the aircraft;
(F) The names and addresses of all persons who will use or operate
the aircraft;
(G) The purpose for which the aircraft will be used;

(H) A general statement as the section or sections of the city over
which the aircraft will be used;
(I) The proposed hours of operation of the aircraft;
(J) The number of days of proposed operation of the aircraft;
(K) A general description of the sound equipment which is to be used;
(L) The maximum sound-producing power of the sound-amplifying

equipment to be used in or on the aircraft, including the following data:
(1) The wattage to be used;
(2) The volume in decibels of the sound which will be produced;

and
(3) The approximate maximum distance for which the sound will
be thrown from the aircraft.
(M) That the aircraft will not be used for any subversive or unlawful
purpose, and will comply with all laws and regulations applicable thereto.
§ 102.32 ISSUANCE OF REGISTRATION STATEMENT, POSSESSION AND
DISPLAY.
The Clerk-Treasurer shall return to each applicant one copy of the
registration statement, duly certified by her/him as a correct copy of the
application, which copy shall be in the possession of any person operating the
aircraft at all times while its sound-amplifying equipment is in operation, and shall
be promptly displayed and shown to any police officer of the city, upon request.
(Ord. 3-1992, passed 10-6-92)
§ 102.33 AMENDMENT OF REGISTRATION STATEMENT.
All persons using or causing to be used aircraft for noncommercial sound
broadcasting purposes shall amend any registration statement filed pursuant to
this subchapter within 48 hours after any change in the information furnished
therein.
§ 102.34 OPERATION REGULATIONS.
The noncommercial use of aircraft, with sound-amplifying equipment to
make announcements, flying or operated at any time in or over any part of the
city shall be subject to the following conditions and regulations:
(A) The only sounds permitted shall be music or human speech;
(B) Sound announcements shall be permitted only between the hours

of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.;
(C) Sound amplifying equipment shall not be operated while an aircraft
is flying at an altitude of less than 1,500 feet;
(D) Sound shall be issued from one loudspeaker only on each aircraft;
(E) The cone or radius of sound from the loudspeaker shall be directed
so as to cover at one time an area on the ground of less than 700 square yards
and so as to avoid hospitals, schools, churches or city hall, or any area
established by the city as a quiet zone;
(F) The human speech and music amplified shall not be lewd,
indecent, slanderous, subversive or unlawful;
(G) The volume of sound shall be controlled so that it is not audible on

the ground over an area in excess of 700 square yards and so that the volume is
not unreasonably loud, raucous, jarring, disturbing or a nuisance and annoyance
to persons within the area of audibility.
(H) No use thereof shall be in violation of any federal or state statute,

this code or any other city ordinance.
§ 102.99 PENALTY.
A violation of the provisions of this chapter shall be an infraction and may
be punished by a fine up to $500 for each occurrence.
CHAPTER 103: FAIR HOUSING
Section
103.01 Policy statement

103.02 Definitions
103.03 Unlawful practice
103.04 Discrimination in the sale or rental of housing
103.05 Discrimination in residential real estate-related transactions
103.06 Discrimination in the pro-vision of brokerage services
103.07 Interference, coercion, or intimidation
103.08 Prevention of intimidation in fair housing cases
103.09 Exemptions
103.10 Administrative enforcement of chapter
103.11Separability of provisions
§ 103.01 POLICY STATEMENT.
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.
(Ord. 11-1996, passed 8-19-96)
The definitions set forth in this section shall apply throughout this chapter:
AGGRIEVED PERSON. Includes any person who (I.C. 22-9.5-2-2):
(1) Claims to have been injured by a discriminatory housing

practice; or
(2) Believes that such person will be injured by a discriminatory

housing practice that is about to occur.
COMMISSION. (I.C. 22-9.5-2-3) The Indiana Civil Rights Commission

created pursuant to I.C. 22-9-1-4, et. seq.
COMPLAINANT. (I.C. 22-9.5-2-4) A person, including the Commission,

who files a complaint under I.C. 22-9.5-6.
DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under

§§ 103.04, 103.05, 103.06, 103.07 or 103.08 of this chapter or I.C. 22-9.5-5.
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).
FAMILIAL STATUS. One or more individuals (who have not attained the
age of 18 years) being domiciled with:
(1) A parent or another person having legal custody of such

individual or the written permission of such 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.
FAMILY. Includes a single individual (I.C. 22-9.5-2-9), with the status of

such family being further defined in the definition of "Familial Status" of this
section.
HANDICAP. With respect to a person:
(1) A physical or mental impairment which substantially limits

one or more of such person's major life activities,
(2) A record of having such an impairment, or

(3) Being regarded as having such an impairment,
(4) An impairment described or defined pursuant to the federal

Americans with Disabilities Act of 1990.
(5) Any other impairment defined under I.C. 22-9.5-2-10.
The term HANDICAP shall not include current illegal use of or addiction to
a controlled substance as defined in Section 802 of Title 21 of the United States
Code [I.C. 22-9.5-2-10(b)]; nor does the term HANDICAP include an individual
solely because that Individual is a transvestite [I.C. 22-9.5-2-10(c)I.
PERSON. (I.C. 22-9.5-2-11) 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.
TO RENT. (I.C. 22-9.5-2-13) Includes to lease, to sublease, to let and

otherwise to grant for a consideration the right to occupy the premises owned by
the occupant.
(Ord. 11-1996, passed 8-19-96)
§ 103.03 UNLAWFUL PRACTICE.
Subject to the provisions of division (B) of this section, § 103.09 of this
chapter and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination
in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in §
103.04 of this chapter shall apply to:
(A) All dwellings except as exempted by division (B) and Title 22-9.5-3
of Indiana Code.
(B) Other than the provisions of division (C) of this section, nothing in §
103.04 shall apply to:
(1) Any single-family house sold or rented by an owner where

the private individual owner does not own more than three such single-family
houses at any one time; provided that in the sale of such 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 such house prior to the sale, the exemption shall
apply only to one such 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 such single-family houses at any one time. The sale or rental of
any such single-family house shall be excepted from application of this section
only if such house is sold or rented:
(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
such broker, agent or salesman, or person and
(b) Without the publication, posting or mailing, after

notice of advertisement or written notice in violation of § 103.04(C) of this
chapter, but nothing in this section shall prohibit the use of attorneys, escrow
agents, abstracters, title companies and other such professional assistance as
necessary to perfect or transfer this title, or
(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
such living quarters as his residence.
(C) For the purposes of this division, a person shall be deemed to be in

the business of selling or renting dwellings if:

principal in three or more transactions involving the sale or rental of any dwelling
or any interest therein, or

agent, other than in the sale of his own 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, or
(3) He is the owner of any dwelling unit designed or intended for

occupancy by, or occupied by, five or more families.
(Ord. 11-1996, passed 8-19-96)
§ 103.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
As made applicable by § 103.03 and except as exempted by sections §
103.03(B) and § 103.09, it shall be unlawful:
(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, handicap,
familial status or national origin.
(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, handicap, familial
status or national origin.
(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, handicap, familial status or national origin, or
an intention to make any such preference, limitation, or discrimination.
(D) To represent to any person because of race, color, religion, sex,

handicap, familial status or national origin that any dwelling is not available for
inspection, sale, or rental when such dwelling is in fact so available.
(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,
(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 handicap of:
(a) That buyer or renter;

(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 such dwelling, because of a handicap of:
(a) That person; or

(3) For purposes of this subsection, discrimination includes:
(a) A refusal to permit, at the expense of the handicapped

person, reasonable modifications of existing premises occupied or to be
occupied by such person if such modifications may be necessary to afford such
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;
(b) A refusal to make reasonable accommodations in
rules, policies, practices, or services, when such accommodations may be
necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(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:
1. The public use and common use portions of

such dwellings are readily accessible to and usable by handicapped persons;
2. All the doors designed to allow passage into

and within all premises within such dwellings are sufficiently wide to allow
passage by handicapped persons in wheelchairs; and
3. All premises within such dwellings contain the

following features of adaptive design:
a. An accessible route into and through the

dwelling;
b. Light, switches, electrical outlets,

thermostats, and other environmental controls in accessible locations;
c. Reinforcements in bathroom walls to

allow later
installation of grab bars; and
d. Usable kitchens and bathrooms such

that an individual in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements Americans

With Disabilities Act of 1990 and of the American National Standard for buildings
and facilities providing accessibility and usability for physically handicapped
people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of
subsection (3)(c)3.
(5) Nothing in this subsection 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 of whose tenancy would result in substantial
physical damage to the property of others.
(Ord. 11-1996, passed 8-19-96)
§ 103.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED
TRANSACTIONS.
(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, handicap,
familial status, or national origin.
(B) As used in this section, the term "residential real estate-related

transaction" means any of the following:
(1) The making or purchasing of loans or providing other

financial assistance:
(a) For purchasing, constructing, improving, repairing, or

maintaining a dwelling; or
(b) Secured by residential real estate.
(2) The selling, brokering, or appraising of residential real

property.
(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, handicap, or familial status.
(Ord. 11-1996, passed 8-19-96)
§ 103.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
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 him in the terms or conditions of such
access, membership, or participation, on account of race, color, religion, sex,
(Ord. 11-1996, passed 8-19-96)
§ 103.07 INTERFERENCE, COERCION, OR INTIMIDATION.
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 §§ 103.03, 103.04,
103.05, or 103.06 of this chapter.
(Ord. 11-1996, passed 8-19-96)
§ 103.08 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
Whoever, whether or not acting under color of law, by force or threat of
force willfully injures, intimidates or interferes with, or attempts to injure,
intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, handicap,
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; or
(B) Any person because he is or has been, or in order to intimidate

such person or any other person or any class of persons from:
(1) Participating, without discrimination on account of race,

color, religion, sex, handicap, familial status, or national origin, in any of the
activities, services, organizations or facilities described in division (A); or
(2) Affording another person or class of persons opportunity or

protection so to participate; or
(C) Any citizen because he is or has been, or in order to discourage

such citizen or any other citizen from lawfully aiding or encouraging other
persons to participate, without discrimination on account of race, color, religion,
sex, handicap, familial status, or national origin, in any of the activities, services,
organizations or facilities described in division (A), or participating lawfully in
speech or peaceful assembly opposing any denial of the opportunity to
participate shall be fined not more than $1,000.
(Ord. 11-1996, passed 8-19-96)
§ 103.09 EXEMPTIONS.
(A) Exemptions defined or set forth under Title 22-9.5-3 et. seq. of
Indiana
Code 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.
(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 such persons, unless membership in
such 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 such lodgings to its members or from giving preference to its
members.
(C) (1) Nothing in this chapter regarding familial status shall apply
with respect to housing for older persons.
(2) As used in this section, "housing for older persons" means
housing:
(a) Provided under any state of 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); or
(b) Intended for, and solely occupied by, persons 62

years of age or older; or
(c) Intended and operated for occupancy by at least one

person 55 years of age or older per unit.
(Ord. 11-1996, passed 8-19-96)
§ 103.10 ADMINISTRATIVE ENFORCEMENT OF CHAPTER.
(A) The authority and responsibility for properly administering this
chapter and referral of complaints hereunder to the Commission as set forth in
division (B) hereof shall be vested in the Chief Executive Officer of the city.
(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 by
Complainants to the Indiana Civil Rights Commission ("Commission") for
administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code
and the Chief Elected Officer of the city shall refer all said complaints to the
Commission as provided for under division (A) of this section to said Commission
for purposes of investigation, resolution and appropriate relief as provided for
under Title 22-9.5-6 of Indiana Code.
(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 Chief Executive Officer and the Commission to further
such purposes.
(D) The Chief Executive Officer of the city, or the Chief Executive
Officer's designee, shall provide information on remedies available to any
aggrieved person or complainant requesting such information.
(Ord. 11-1996, passed 8-19-96)
§ 103.11 SEPARABILITY OF PROVISIONS.
circumstances shall be determined to be invalid, the remainder of the Ordinance
and the application of its provisions to other persons not similarly situated or to
other circumstances shall not be affected thereby.
(Ord. 11-1996, passed 8-19-96) (Ord. 3-1992, passed 10-6-92)
TITLE XI: BUSINESS REGULATIONS
CHAPTER
110. LICENSES
111. ADVERTISING
112. AMUSEMENTS
113. CONTRACTORS
114. GARAGE, YARD SALES
115. PEDDLERS AND SOLICITORS
116. MASSAGE PARLORS
117. TAXICABS
CHAPTER 110: LICENSES
Section
General Provisions
110.01Short title
110.02Scope
110.03Definitions
110.04Confidentiality
Application of Regulations
110.10Compliance required
110.11Special sales
110.12What constitutes doing business
110.13Agents responsible for obtaining license
110.14Separate licenses for branch establishments
110.15Joint license
110.16No license required for mere delivery
110.17Special permits to non-profit enterprises
Administration
110.25Clerk-Treasurer to issue licenses

110.26Clerk-Treasurer's additional duties
Applications
110.35General qualifications of applicants

110.36Formal application required
110.37Contents of application
110.38Fees
110.39Issuance of receipts
110.40Renewal of license
110.41Duplicates
110.42Supplemental license
110.43When license not approved
Licenses
110.50Fees
110.51Unexpired licenses
110.52Adjustment of fee
110.53Prorated fees
110.54Rebates
110.55Information required
110.56Duties of licensee
110.57Transfer of license
Enforcement
110.65Inspections
110.66Authority of inspectors
110.67Duties of inspectors
110.68Notice of order
110.69Period for compliance
110.70Hearings
110.71Mayor may modify order
110.72Final order
110.73Summary action
110.74Right of appeal
110.99Penalty
Mayor's authority to revoke or suspend license, see IC 36-5-4-11
Regulation of business, profession, and the like, see IC 36-8-2-10
GENERAL PROVISIONS
This chapter shall be known and may be cited as the "General Licensing
Ordinance of the City of Beech Grove, Indiana."
(Ord. 2-1984, passed 4-2-84)
§ 110.02 SCOPE.
It is not intended by this chapter to repeal, abrogate, annul, or in any way
impair or interfere with existing provisions of other laws or ordinances, except
those specifically repealed by this chapter. Where this chapter imposes a greater
restriction upon persons, premises, or personal property than is imposed or
required by such existing provisions of law, ordinance, contract, or deed, the
provisions of this chapter shall control.
(Ord. 2-l984, passed 4-2-84)
BUSINESS. All kinds of vocations, occupations, professions, enterprises,

establishments, and all other kinds of activities and matters, together with all
devices, machines, vehicles, and appurtenances used therein, any of which are
conducted for private profit, or benefit, either directly or indirectly, on any
premises in this city, or anywhere else within its jurisdiction.
CITY COUNCIL. The Common Council of the city.
CLERK-TREASURER. The CLERK- TREASURER of the city.
INSIGNIA or INSIGNE. Any tag, plate, badge, emblem, sticker, or any

other kind of device which may be required for any use in connection with any
license.
LICENSE or LICENSEE. Includes respectively the words PERMIT or

PERMITTEE, or the holder for any use or period of time any similar privilege,
wherever relevant to any provision of this chapter or other law or ordinance.
PERSON. Individual natural persons, partnerships, joint ventures,

societies, associations, clubs, trustees, trusts, or corporations; or any officers,
agents, employees, factors, or any kind of personal representatives of any
thereof, in any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
PREMISES. All lands, structures, places, the equipment and

appurtenances connected or used therewith in any business, and any personal
property which is either affixed to, or is otherwise used in connection with any
such business conducted on the PREMISES.
(Ord. 2-l984, passed 4-2-84)
§ 110.04 CONFIDENTIALITY.
The city shall keep all information furnished or secured under the authority
of this chapter in strict confidence. The information shall not be subject to public
inspection and shall be kept so that the contents thereof shall not become known
except to the persons charged with the administration of this chapter.
(Ord. 2-l984, passed 4-2-84)
APPLICATION OF REGULATIONS
§ 110.10 COMPLIANCE REQUIRED.
It shall be unlawful for any person, either directly or indirectly, to conduct
any business or non-profit enterprise, or to use in connection therewith any
vehicle, premises, machine, or device, in whole or in part, for which a license or
permit is required by any law or ordinance of this city, without a license or permit
therefor being first procured and kept in effect at all such times as required by
this chapter or other law or ordinance of this city.
§ 110.11 SPECIAL SALES.
This chapter shall apply to all business in the nature of special sales for
which a license is required by any law or ordinance of this city and it shall be
unlawful for any person, either directly or indirectly, to conduct any such sale
except in conformity with the provisions of this chapter.
§ 110.12 WHAT CONSTITUTES DOING BUSINESS.
For the purpose of this chapter, any person shall be deemed to be in
business or engaging in non-profit enterprise, and thus subject to the
requirements of §§ 110.10 and 110.11, when he does one act of:
(A) Selling any goods or service.
(B) Soliciting business or offering goods or services for sale or hire.
(C) Acquiring or using any vehicle or any premises in the city for business
purposes.
(Ord. 2-1984, passed 4-2-84)
§ 110.13 AGENTS RESPONSIBLE FOR OBTAINING LICENSE.
The agents or other representatives of non-residents who are doing
business in this city shall be personally responsible for the compliance of their
principals and of the businesses they represent with this chapter.
(Ord. 2-1984, passed 4-2-84)
§ 110.14 SEPARATE LICENSES FOR BRANCH ESTABLISHMENTS.
(A) A license shall be obtained in the manner prescribed herein for each
branch establishment or location of the business engaged in, as if each such
branch establishment or location were a separate business. However, the
warehouses and distributing plants used in connection with and incidental to a
business licensed under the provisions of this chapter shall not be deemed to be
separate places of business or branch establishments.
(B) Each rental real property shall be deemed a branch establishment or

separate place of business for the purposes of this chapter when there is a
representative of the owner or the owner's agent on the premises who is
authorized to transact business for the owner or owner's agent, or there is a
regular employee of the owner or of the owner's agent working on the premises.
(Ord. 2-1984, passed 4-2-84)
§ 110.15 JOINT LICENSE.
A person engaged in two or more businesses at the same location shall
not be required to obtain separate licenses for conducting each of the businesses
but, when eligible, shall be issued one license which shall specify on its face all
such businesses.
(Ord. 2-l984, passed 4-2-84)
§ 110.16 NO LICENSE REQUIRED FOR MERE DELIVERY.
No license shall be required of any person for any mere delivery in the city
of any property purchased or acquired in good faith from the person at his regular
place of business outside the city where no intent by the person is shown to exist
to evade the provisions of this chapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.17 SPECIAL PERMITS TO NON-PROFIT ENTERPRISES.
(A) The Board of Public Works and Safety shall issue special permits,
without the payment of any license fees or other charges therefor, to any person
or organization for the conduct or operation of a non-profit enterprise, either
regularly or temporarily, when it is found that the applicant operates without
private profit for a public, charitable, educational, literary, fraternal, or religious
purpose.
(B) An applicant for a special permit shall submit an application therefor to

the Clerk-Treasurer and shall furnish such additional information and make such
affidavits as the Board of Public Works and Safety may require.
(C) A person or organization operating under a special permit shall

operate his non-profit enterprise in compliance with this chapter and all other
applicable rules and regulations except as provided herein.
ADMINISTRATION
§ 110.25 CLERK-TREASURER TO ISSUE LICENSES.
The Clerk-Treasurer shall collect all license fees and shall issue licenses
in the name of the city to all persons qualified under the provisions of this
chapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.26 CLERK-TREASURER'S ADDITIONAL DUTIES.
The Clerk-Treasurer shall do the following:
(A) Issue licenses under all reasonable rules and regulations necessary
to the operation and enforcement of this chapter made and promulgated by the
(B) Adopt all forms and prescribe the information to be given therein as to
character and other relevant matters for all necessary papers.
(C) Require applicants to submit all affidavits and oaths necessary to the
administration of this chapter.
(D) Submit all applications, in a proper case, to interested city officials for
their endorsement thereon as to compliance by the applicant with all city
regulations which they have the duty of enforcing and submit all applications to
the Board of Public Works and Safety for its final approval.
(E) Notify any applicant of the acceptance or rejection of his application

and shall, upon refusal of any license or permit, at the applicant's request, state
in writing the reasons therefor and deliver them to the applicant.
(Ord. 2-l984, passed 4-2-84)
APPLICATIONS
§ 110.35 GENERAL QUALIFICATIONS OF APPLICANTS.
General standards to be applied. The general standards herein set out
relative to the qualifications of every applicant for a city license shall be
considered and applied by the Board of Public Works and Safety. The applicant
shall comply with the following:
(A) Citizenship. Be a citizen of the United States, or a declarant therefor

as authorized by law.
(B) Loyalty. Not, either individually or as a member of any party, group, or

organization at the time of any application for a license or special permit,
advocate or resort to any practices subversive of or designed for the overthrow,
destruction, or sabotage of the government of the United States, the state, or the
city.
(C) Good moral character. Be of good moral character. In making such

determination, the Board of Public Works and Safety shall consider:
(1) Penal history. All convictions, the reasons therefor, and the
demeanor of the applicant subsequent to his release.
(2) License history. The license history of the applicant; whether

such person, in previously operating in this or another state under a license, has
had such license revoked or suspended, the reasons therefor, and the demeanor
of the applicant subsequent to the action.
(3) General personal history. Such other facts relevant to the

general personal history of the applicant as it shall find necessary to a fair
determination of the eligibility of the applicant.
(D) No obligations to city. Not be in default under the provisions of this

chapter or indebted or obligated in any manner to the city, state, or county,
except for current taxes.
(E) Compliance with zoning regulations. Present an Improvement

Location Permit or letter furnished by the Department of Metropolitan
Development to the effect that the proposed use of any premises is not a
violation of city-county zoning regulations
(Ord. 2-l984, passed 4-2-84)
§ 110.36 FORMAL APPLICATION REQUIRED.
Every person required to procure a license under the provisions of any
ordinance or law of the city shall submit an application for such license to the
Clerk-Treasurer. The application shall be a written statement on forms provided
by the Clerk-Treasurer. The form shall include an affidavit, to be sworn to by the
applicant before a Notary Public of this state.
(Ord. 2-l984, passed 4-2-84)
§ 110.37 CONTENTS OF APPLICATION.
The contents of the application shall require a disclosure of all information
necessary to compliance with § 110.35 above and of any other information which
the Board of Public Works and Safety shall find to be reasonably necessary to
the fair administration of this chapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.38 FEES.
The application shall be accompanied by the full amount of the fees
chargeable for the license.
(Ord. 2-l984, passed 4-2-84)
§ 110.39 ISSUANCE OF RECEIPTS.
Whenever a license cannot be issued at the time the application is made,
the Clerk-Treasurer shall issue a receipt to the applicant for the money paid in
advance, except that the receipt shall not be construed as the approval of the
Clerk-Treasurer for the issuance of a license; nor shall it entitle or authorize the
applicant to open or maintain any business contrary to the provisions of this
chapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.40 RENEWAL OF LICENSE.
The applicant for the renewal of a license shall submit an application for
the license to the Clerk-Treasurer. The application shall be a written statement
on forms provided by the Clerk- Treasurer. The form shall include an affidavit to
be sworn to by the applicant before a Notary Public of this state. In addition, the
application shall require the disclosure of such information concerning the
applicant's demeanor and the conduct and operation of applicant's business
during the preceding licensing period as is reasonably necessary to the
determination by the Board of Public Works and Safety of the applicant's
eligibility for a renewal license and to a possible adjustment of license fee.
(Ord. 2-l984, passed 4-2-84)
§ 110.41 DUPLICATES.
A duplicate license or special permit shall be issued by the Clerk-
Treasurer to replace any license previously issued which has been lost, stolen,
defaced, or destroyed, without any wilful conduct on the part of the licensee,
upon the filing by the licensee of an affidavit sworn to before a Notary Public of
this state attesting to such fact and the paying to the Clerk-Treasurer of a fee of
$5.
(Ord. 2-l984, passed 4-2-84)
§ 110.42 SUPPLEMENTAL LICENSE.
When a licensee places himself in a new status as provided in § 110.52,
the Board of Public Works and Safety shall issue a supplemental license and
such additional insignia as may be required.
(Ord. 2-l984, passed 4-2-84)
§ 110.43 WHEN LICENSE NOT APPROVED.
(A) The Clerk-Treasurer shall, upon disapproving any application
submitted under the provisions of this chapter, refund all fees paid in advance to
the applicant, provided the applicant is not otherwise indebted to the city.
(B) When the issuance of a license is denied and any action instituted by
the applicant to compel its issuance, the applicant shall not engage in the
business for which the license was refused unless a license be issued to him
pursuant to a judgment ordering the same.
LICENSES
§ 110.50 FEES.
License fees shall be in the amounts established in the governing chapter,
and as further determined under this subchapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.51 UNEXPIRED LICENSES.
The following rules shall apply to a person who, on the effective date of
this chapter, holds a valid unexpired license from the city for any business
required to be licensed hereunder.
(A) Credit less than fee. In the event that the amount of the pro rata of
the license fee previously paid, based upon the unexpired portion of the period
for which such previous license was issued, is less than the amount of fee
imposed hereunder, the applicant shall receive credit on the new fee to the extent
of the prorated amount.
(B) Credit exceeds fee. In the event that the pro rata credit as computed
in division (A) above is greater than the amount of fee imposed hereunder, the
amount of license fee imposed by this chapter shall be the amount of such
prorated credit.
(C) Where applicant indebted. In no case where an applicant is indebted

in any manner to the city shall he be entitled to a credit or rebate.
(Ord. 2-l984, passed 4-2-84)
§ 110.52 ADJUSTMENT OF FEE.
An adjustment of fee shall be made for a change in license status. In that
event, the Clerk-Treasurer shall require the payment of an additional or higher
license fee, to be prorated for the balance of the license period, when a licensee
places himself in such status under this chapter by increasing the number of his
employees, augmenting the volume of business done by him, expanding the size
of business, plant, or premises, increasing the number or size of his vehicles, or
making any other lawful and material change of any kind in his business.
(Ord. 2-l984, passed 4-2-84)
§ 110.53 PRORATED FEES.
(A) Refunds shall be made in proportion to the amount of fee already
paid, prorated for the balance of the license period, upon notification by a
licensee of his voluntary retirement from business.
(B) Fees shall be prorated for the balance of any license period for any
business that has been commenced after the beginning of the license period.
(Ord. 2-l984, passed 4-2-84)
§ 110.54 REBATES.
(A) Except as herein provided, no rebate or refund of any license fee or
part thereof shall be made by reason of the non-use of the license or by reason
of a change of location or business rendering the use of the license ineffective.
(B) The Clerk-Treasurer shall have the authority to refund a license fee or
prorated portion thereof where the license fee was collected through an error;
some particular hardship might be involved; the licensee has been prevented
from enjoying the full license privilege due to his death, or incapacity to engage in
such business; the licensee has entered the armed services of the United States
through induction or enlistment and is thereby rendered unable to conduct such
business; the licensed business is forced to close before the expiration of the
license period by reason of the taking over of the business or licensed premises
by the United States Government, the state, or this city; or the licensed business
was destroyed by fire or other casualty through no fault of licensee.
(C) A rebate or refund as provided herein shall be based upon the number
of days in the license period remaining after the occurrence of the event relied
upon for rebate.
(Ord. 2-l984, passed 4-2-84)
§ 110.55 INFORMATION REQUIRED.
Each license issued hereunder shall state upon its face the following
information:
(A) The name of the licensee and any other name under which such
business is to be conducted.
(B) The kind and address of each business so licensed.
(C) The amount of license fee therefore.
(D) The dates of issuance and expiration thereof.
(E) Such other information as the Board of Public Works and Safety shall
determine.
(Ord. 2-l984, passed 4-2-84)
§ 110.56 DUTIES OF LICENSEE.
(A) Every licensee under this chapter shall do the following:
(1) Permit inspection. Permit all reasonable inspections of his

business and examinations of his books by public authorities so authorized by
law.
(2) Comply with governing law. Ascertain and at all times comply
with all laws and regulations applicable to such licensed business.
(3) Operate properly. Avoid all forbidden, improper, or

unnecessary practices or conditions which do or may affect the public health,
morals, or welfare.
(4) Cease business. Refrain from operating the licensed business

on premises after expiration of his license and during the period his license is
revoked or suspended.
(5) Display license and insignia. Every licensee under this chapter
shall post and maintain such license upon the licensed premises in a place
where it may be seen at all times; affix any insignia delivered for use in
connection with business premises on the inside glass part of the window of the
establishment, facing the public way or on the inside glass part of the door
opening on the public way. Such insignia shall be placed and maintained so as
to be plainly visible from the public way. However, where the licensed premises
do not have a window facing a public way at street level, or a glass door opening
upon the public way, the insignia shall be affixed to the glass in the door, window,
or other prominent place in the nearest proximity to the principal public entrance
to the establishment and shall be placed and maintained so as to be plainly
visible from the public entrance.
(6) Vehicles. Any general special license fees required for any kind
of vehicle, for the privilege of being operated on the public highways by any
statute or ordinance, shall not abrogate, limit, or affect any further requirements
of this chapter, or of other ordinances or laws, for additional and separate
licenses, permits, and insignia and fees for such vehicles, or other uses, for and
relating to the privilege of using the same in the business so licensed.
(a) Motor vehicles; insignia. Affix any insignia delivered for

use in connection with a licensed motor vehicle on the inside of the windshield of
the vehicle or as may be otherwise prescribed by the Clerk-Treasurer or by law.
(b) Motorless vehicles; insignia. Affix any metal or other

durable type of insignia delivered for use in connection with a wagon or other
vehicle not operated by motor power securely on the outside of such vehicle.
(7) Persons. Carry such license on his person when he has no
licensed business premises.
(8) Machines. Affix any insignia delivered for use in connection

therewith upon the outside of any coin, vending, game, or other business
machine or device, so that it may be seen at all times.
(9) Inoperative license, special permits, and insignia. Not allow

any license, special permit, or insignia to remain posted or displayed or used
after the period for which it was issued has expired; or when it has been
suspended or revoked, or for any other reason become ineffective. The licensee
shall promptly return the inoperative license, special permit, or insignia to the
Clerk-Treasurer.
(10) Unlawful possession. The licensee shall not loan, sell, give, or
assign to any other person, or allow any other person to use or display or to
destroy, damage, or remove, or to have in his possession, except as authorized
by the Board of Public Works and Safety or by law, any license or insignia which
has been issued to the licensee.
(11) New location desired. A licensee shall have the right to

change the location of the licensed premises provided he shall obtain the written
permission of the Board of Public Works and Safety for the change of location;
pay a removal fee of $15 to the Board of Public Works and Safety; keep all
records and books necessary to the computation of his license fee and to the
enforcement of this chapter.
(B) Where applicant fails to record. The Board of Public Works and Safety
shall make its own determination as to the financial statement for any business
where the licensee has failed to keep books and records as required herein.
§ 110.57 TRANSFER OF LICENSE.
(A) A licensee hereunder shall have the right to transfer his license to
another person provided he shall do the following:
(1) Obtain written permission from the Board of Public Works and
Safety for such transfer.
(2) Execute the transfer in the form and under the conditions
required by law and as prescribed by the Board of Public Works and Safety.
(3) Promptly report the completed act of the transfer to the Clerk-
Treasurer.
(4) Promptly surrender any license certificate and, when required
by the Board of Public Works and Safety, all licensing insignia.
(B) Upon the completion of a transfer of license in compliance with

division (A) above, the Clerk-Treasurer shall issue a new license and insignia to
the transferee for the unexpired term of the old license.
(1) The new license issued hereunder shall authorize the

transferee to engage in the same business location or at such other place as
shall be approved by the Board of Public Works and Safety and named in the
new license.
(2) The Clerk-Treasurer shall collect a transfer fee of $20 from the
transferee prior to the issuance of a new license.
(Ord. 2-l984, passed 4-2-84)
ENFORCEMENT
The following persons are authorized to conduct inspections in the manner
prescribed herein:
(A) Mayor. The Mayor or a person so designated by him shall make all
investigations reasonably necessary to the enforcement of this chapter.
(B) Officials having duties. The Mayor shall have the authority to order
the inspection of licensees, their businesses, and premises by all city officials
having duties to perform with reference to the licensees or businesses.
(C) Police officers. All police officers shall inspect and examine
businesses located within their respective jurisdictions or beats to enforce
compliance with this chapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.66 AUTHORITY OF INSPECTORS.
All persons authorized herein to inspect licensees and businesses shall
have the authority to enter, with or without search warrant, at all reasonable
times, the following premises:
(A) Those for which a license is required.
(B) Those for which a license was issued and which, at the time of
inspection, are operating under such license.
(C) Those for which the license has been revoked or suspended.
(Ord. 2-l984, passed 4-2-84)
§ 110.67 DUTIES OF INSPECTORS.
(A) Persons inspecting licensees, their businesses, or premises as herein
authorized shall report all violations of this chapter or of other laws or ordinances
to the Mayor and shall submit the other reports as the Mayor shall order.
(B) When an inspector has reported the violation of this chapter or of any
law or ordinance, the Mayor shall issue to the affected person a provisional order
to comply.
(Ord. 2-l984, passed 4-2-84)
§ 110.68 NOTICE OF ORDER.
The provisional order and all other notices issued in compliance with this
chapter shall be in writing, shall be personally served, and shall apprise the
person affected of his specific violations. In the absence of the person affected or
his agent or employee, a copy of the notice shall be affixed to some structure on
the premises. Depositing the notice in the United States Mail shall constitute
service thereof.
(Ord. 2-l984, passed 4-2-84)
§ 110.69 PERIOD FOR COMPLIANCE.
The provisional order shall require compliance within 15 days of personal
service on the affected person.
(Ord. 2-l984, passed 4-2-84)
§ 110.70 HEARINGS.
Upon written application by the person affected before the expiration of
the 15-day period for compliance, the Mayor shall order a hearing. Notice of the
hearing shall be given the affected person in the manner prescribed herein.
(Ord. 2-l984, passed 4-2-84)
§ 110.71 MAYOR MAY MODIFY ORDER.
Upon written application or on his own motion, the Mayor shall have the
authority, in a proper case, to extend the time for compliance, to grant a new
hearing date, and to change, modify, or rescind any recommendation or order.
(Ord. 2-l984, passed 4-2-84)
Complaints to be heard by Mayor, see IC 36-4-5-5
Mayor's authority to revoke or suspend license, see IC 36-5-4-11
§ 110.72 FINAL ORDER.
(A) Upon the failure or refusal of the violator to comply with the
provisional order or with any order made after hearing, the Mayor shall then
declare and make the provisional order final.
(B) The Mayor shall have the authority to suspend or revoke licenses
upon making and declaring a provisional order final.
(C) Upon revocation or suspension, no refund or any portion of the

license fee shall be made to the licensee and he shall immediately cease all
business at all places under the license.
(Ord. 2-l984, passed 4-2-84)
§ 110.73 SUMMARY ACTION.
(A) When the conduct of any licensee, agent, or employee is so
inimicable to the public health, safety, and general welfare as to constitute a
nuisance and thus give rise to an emergency, the Mayor shall have the authority
to summarily order the cessation of business and the close of premises or to
suspend or revoke the license.
(B) Unless waived in writing within 15 days after he has acted summarily,
the Mayor shall conduct a special hearing for the action in respect to the
summary order as may be therein determined. Notice of the hearing shall be
given the affected person in the manner prescribed herein.
(Ord. 2-l984, passed 4-2-84)
§ 110.74 RIGHT OF APPEAL.
(A) Any person aggrieved by any decision of the Mayor after hearing shall
have the right to appeal to the Board of Public Works and Safety of the city by
filing a written appeal with the Board of Public Works and Safety within ten days
following the effective date of the action or decision complained of.
(B) The appeal shall set out a copy of the order or decision appealed from
and shall include a statement of the facts relied on to avoid the order.
(C) At the time of filing any such appeal, a copy thereof shall be filed by
the appellant with the Mayor and the Clerk-Treasurer.
(D) The Board of Public Works and Safety shall fix a time and place for
hearing the appeal and shall personally serve a written notice, as provided
herein, upon the appellant informing him thereof.
(E) The findings of the Board of Public Works and Safety shall be final
and conclusive and shall be personally served upon the appellant as required
herein.
(F) The amount of any unpaid fee, the payment of which is required
hereunder, shall constitute a debt due the city. The City Attorney shall, at the
direction of the Mayor, institute a civil suit in the name of the city to recover any
such unpaid fee. No civil judgment, or any act by the City Attorney, the Mayor,
the Clerk-Treasurer, or the Board of Public Works and Safety shall bar or prevent
a criminal prosecution for each and every violation of this chapter.
(Ord. 2-l984, passed 4-2-84)
§ 110.99 PENALTY.
Any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a punishable offense and upon conviction
thereof shall be fined in an amount not exceeding $50. Each day such violation
is committed or permitted to continue shall constitute a separate offense and
shall be punishable as such hereunder.
(Ord. 2-l984, passed 4-2-84)
CHAPTER 111: ADVERTISING
Section
General Provisions
111.01Definition
111.02Displaying merchandise on streets or sidewalks prohibited
Outdoor Advertising; Ground Signboards
111.10Permit required
111.11 Bond required
111.12Owner to mark signboard
111.13Annual license and approval fee
111.14Size and materials
111.15Signboard area to be kept clean
111.16Location of wooden signboards
111.17City removal of signboards
Signs Above and Over Streets
111.25Permit required
111.26(Reserved)
111.27Sign materials, specifications
111.28City removal of signs
111.99Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definition shall apply unless
GROUND SIGNBOARD. Any signboard or advertising display erected,

constructed, or maintained for the purpose of displaying outdoor advertising by
means of posters, pictures, pictorial, or reading matters, when the sign or
advertising display is supported by uprights, braces, or other structural members,
placed on the ground or fixed therein and not attached to a part of any building.
('67 Code, § 110.01)
§ 111.02 DISPLAYING MERCHANDISE ON STREETS OR SIDEWALKS
PROHIBITED.
(A) No person, firm, or corporation shall use any public street or sidewalk
within the incorporated limits of the city for any purpose of display or exhibition of
any article whatsoever.
(B) It shall be unlawful for any person, firm, or corporation, to place, store,
or keep any goods, wares, merchandise, fixtures, or equipment of any kind
whatsoever, for any purpose whatsoever, upon any part of any public street or
sidewalk within the incorporated limits of the city.
('67 Code, § 110.15) Penalty, see § 110.99
OUTDOOR ADVERTISING; GROUND SIGNBOARDS
(A) No ground signboard shall be erected within the corporate limits of the
city until a permit to erect and maintain the same has been first secured from the
Clerk-Treasurer.
(B) No ground signboard erected prior to the passage of this code shall
be rebuilt, repaired, or relocated, without being in full compliance with this
chapter, nor until a permit has been obtained from the Clerk-Treasurer to effect
such rebuilding, alteration, or relocation as prescribed by this chapter.
('67 Code, § 110.04)
(C) No ground signboard shall be erected, maintained, or constructed by

any person, firm, corporation, partnership, or individual except as provided in this
chapter and until a permit to do so has been obtained from the Clerk-Treasurer.
No permit shall be issued by the Clerk-Treasurer until plans and specifications
including dimensions, material, and all details of construction of the proposed
ground signboard have been filed with the Board of Public Works and Safety and
approved by it, until provisions of this chapter have been fully complied with nor
until the permit fee for the erecting of the sign has been paid to the Clerk-
Treasurer. Provisions of this section shall also apply to any alteration, repairs, or
relocation of any ground signboard heretofore constructed.
(D) The permit fee for any ground signboard shall be as follows:
(1) The minimum fee shall be $30.
(2) The general rate shall be $1 per square foot of gross area and
$10 per foot in excess of 25 feet of total height.
('67 Code, § 110.05) (Ord. 2-l989, passed
5-15-89)
§ 111.11 BOND REQUIRED.
(A) No person, partnership, firm, corporation, or individual shall engage
within the corporate limits of the city in the business of outdoor advertising by
means of ground signboards, until he has filed with the Clerk-Treasurer a good
and sufficient surety bond in the penal sum of $5,000.
(B) The bond shall be conditioned so that the person, partnership, firm,
corporation, or individual engaged in the business of advertising by means of
ground signboards shall comply with all provisions of this chapter and save the
city and its officials or agents harmless from all damages, liabilities, losses, or
judgments that may be claimed against the city by reason of negligent erection or
maintenance of any ground signboard.
(C) The bond shall be executed by a recognized and responsible surety
company authorized to do business in the county, as surety thereon, to the
satisfaction and complete approval of the Mayor.
§ 111.12 OWNER TO MARK SIGNBOARD.
Every ground signboard erected or constructed after l951 shall be plainly
marked with the name of the firm, partnership, corporation, or individual erecting
the ground signboard or maintaining it.
('67 Code, § 110.03)
§ 111.13 ANNUAL LICENSE AND APPROVAL FEE.
(A) Any person, partnership, firm, corporation, or individual engaged in
the business of selling, painting, erecting, or maintaining ground signboards
within the corporate limits of the city shall pay the Clerk-Treasurer an annual
license fee to engage in the business and shall receive from the Clerk-Treasurer,
upon the payment of the license fee, a license to engage in the business within
the corporate limits.
(B) The license shall be approved by the Board of Public Works and
Safety upon payment made to the Clerk-Treasurer and shall be obtained not later
than January 1 in each year. The license fee shall be paid the Clerk-Treasurer
and shall be $30.
('67 Code, § 110.06) (Ord. 2-l989, passed 5-15-89)
§ 111.14 SIZE AND MATERIALS.
(A) No ground signboard, any part of which is of wooden construction or
material, shall be at any point over 20 feet from the ground level and any and all
such signs shall be securely and safely braced and supported to the complete
approval of the Board of Public Works and Safety or its authorized agents.
(B) No ground signboard of any description shall extend in length for a

greater distance than 50 feet, nor shall any ground signboard contain more than
two panels or divisions to be used for advertising purposes. The Board of Public
Works and Safety or its authorized agents may require the sign to be braced and
supported by materials other than wood.
(C) Any ground sign constructed pursuant to provisions of this chapter

shall have an open space of not less than nine feet between the lower edge of
the ground signboard and the ground level. The space shall at all times be kept
open, free, and clear from any and all obstruction of any kind whatsoever.
('67 Code, § 110.07) (Ord. 2-l989, passed
5-15-89) Penalty, see § 111.99
§ 111.15 SIGNBOARD AREA TO BE KEPT CLEAN.
(A) Any person, partnership, firm, corporation, or individual occupying any
vacant lot or parcel of ground with a ground signboard shall be subject to the
same duties and responsibilities as the owner of the lot or parcel of ground with
respect to keeping the same clean, sanitary, inoffensive, and free and clear of all
obnoxious substances and unsightly conditions in the vicinity of such ground
signboard on the lot or parcel of ground. This provision shall include the entire
tract of any real estate used for erection of any ground signboard.
(B) Any person, firm, partnership, or corporation maintaining any ground

signboard shall keep it in sanitary condition and shall not allow waste or other
refuse to accumulate on or about the premises on which the sign is located.
('67 Code, § 110.08) Penalty, see § 111.99
§ 111.16 LOCATION OF WOODEN SIGNBOARDS.
(A) No ground signboard of any wooden construction shall be erected or
maintained within 20 feet from any kind of building or residence structure within
the corporate limits of the city.
(B) No ground signboard shall be erected or maintained closer than a

distance of 20 feet from the street line of any street nor in any case shall any
ground signboard be erected or maintained within 150 feet of any residence
property used for residence purposes at any place within the corporate limits of
the city.
('67 Code, § 110.09) Penalty, see § 111.99
§ 111.17 CITY REMOVAL OF SIGNBOARDS.
In the event any ground signboard is erected, constructed, or maintained
in violation of any of the provisions of this chapter, the Board of Public Works and
Safety shall notify the owner or lessee thereof to alter or change the sign to
comply with this chapter and to secure the necessary permit therefor or remove
the sign. If the order is not complied with in ten days, the Board of Public Works
may remove the ground signboard at the expense of the lessee or the owner of
the real estate upon which the ground signboard is located.
('67 Code, § 110.10)
SIGNS ABOVE AND OVER STREETS
(A) Any person or corporation desiring to place, install, or suspend any
sign above and over any public street, shall first obtain a permit from the Clerk-
Treasurer. The minimum fee for such permit shall be $30, and the general rate
shall be $1 per square foot of gross area.
(B) The Clerk-Treasurer shall not issue any permit without first obtaining
the consent and approval of the Building Commissioner. Consent and approval
shall be given by the Building Commissioner if any sign for which a permit is
desired conforms to all provisions of this and any other provisions applicable.
('67 Code, § 110.11) (Ord. 2-l989, passed 5-15-89)
§ 111.26 (RESERVED).
§ 111.27 SIGN MATERIALS, SPECIFICATIONS.
No sign shall be allowed or permitted to be suspended or placed above
and over any public street unless it is either the illuminated letter type or wholly of
metal and glass or metal construction. The sign must be securely suspended
and fastened to the satisfaction of the Building Commissioner for inspection and
approval.
('67 Code, § 110.13) Penalty, see § 111.99
§ 111.28 CITY REMOVAL OF SIGNS.
Any sign shall be inspected at least once in every year. When a sign is
found unsafe, defective, or unsatisfactory in any way, or in case any person
refuses or fails to pay the license fee imposed by this chapter, the Building
Commissioner shall have the authority to remove, or cause to be removed, any
sign after first giving a five-day written notice to the person having any such
unsatisfactory sign to remove it. The expense of removal, if by the city or its
Building Commissioner, shall be recovered from any person having the sign
removed.
('67 Code, § 110.14)
§ 111.99 PENALTY.
(A) Whoever violates § 111.02 of this chapter shall be fined not more than
$10. Each day's violation shall constitute a separate offense.
('67 Code, § 110.99)
(B) Whoever violates a provision of this chapter for which no other penalty
has been provided shall be fined no more than $100.
CHAPTER 112: AMUSEMENTS
Section
Amusement Machines
112.01Definitions
112.02Unlawful acts
112.03Licenses
112.04Application for license
112.05License fee
112.06 Regulations concerning operation
112.07 Investigation of applicant prior to issuance of license
112.08Reports of violations
112.09Term of license
Bowling Alleys
112.15License; application and fees
Pinball Machines
112.20 Number of machines to be licensed

112.21Terms of licenses
112.22 Type of machine to be licensed
112.23License transfers
112.24Licenses to be displayed
112.25 Records of licenses to be kept
Pool and Billiards
112.35Permitted hours of operation

112.36 Billiard room to be clearly visible from street
112.37License; fee; date applicable
112.38Unlicensed tables
Public Dances and Dance Halls
112.45Public dance halls prohibited

112.46Permits for dances required
112.47Permit fee
112.48Refusal to grant permit
112.49Hours covered by permit
112.99Penalty
Cross-reference:
AMUSEMENT MACHINES
AMUSEMENT LOCATION. Any public room or area containing five or

more amusement machines, pool or billiard tables, or pinball machines, and the
room or area is not under the jurisdiction of the Indiana State Alcoholic Beverage
Commission or is maintained by or for the benevolent, religious, educational,
civic, patriotic, fraternal, or philanthropic organization or purpose.
AMUSEMENT MACHINE. Any machine or device, designed or modified

to be operated by any coin, coins, or token, or for which charge is made for the
operation thereof, excluding pool tables or billiard tables or pinball machines, the
purpose or function of which is to provide music or amusement in public places.
Such a machine or device designed and used exclusively for the vending of
merchandise of a tangible nature shall not be deemed an AMUSEMENT
MACHINE.
EXHIBITOR. Any person owning or conducting a place of business in the

city and operating or exhibiting at such place of business one or more
amusement machines which are designed to register a score.
MASTER VENDOR. A person, corporation, or entity who sells, leases, or
rents any amusement machine, pool or billiard tables, or pinball machines,
whether on his own behalf or for another, within the city.
OWNER. A person, corporation, or entity who owns any amusement

machine which is placed at any place of public accommodation within the city.
(Ord. 3-l977, passed 4-18-77)
§ 112.02 UNLAWFUL ACTS.
(A) It shall be unlawful to own or operate an amusement location without
an amusement location license issued by the City Clerk-Treasurer.
(B) It shall be unlawful to allow to be operated in any public place any

amusement machine without an amusement machine license issued by the City
Clerk-Treasurer.
(C) No person who has not reached the age of 16 years shall be
permitted to be present in an amusement location during the daytime hours in
which public schools are in session.
(D) No person who has not reached the age of 18 years shall be
permitted to be present in an amusement location after the hours established by
state statute or city ordinance for juvenile curfew unless accompanied by a
parent or legal guardian.
(E) It shall be unlawful for any exhibitor to permit a minor under the age of
16 years of age to play an amusement machine on the premises of the exhibitor's
place of business unless the minor child is accompanied by his parent or legal
guardian.
§ 112.03 LICENSES.
(A) Amusement machine license. It shall be unlawful for any owner to
display, exhibit, or expose or permit to be displayed, exposed, or exhibited any
amusement machine without having procured from the City Clerk-Treasurer a
license for each amusement machine.
(B) Master vendor's license. It shall be unlawful for any person,

corporation, or entity to act as a master vendor without a master vendor's license
issued by the City Clerk-Treasurer. A master vendor's license shall not be
transferable.
§ 112.04 APPLICATION FOR LICENSE.
(A) The application for a license to own or operate an amusement
location shall contain the following information and be signed individually under
penalties of perjury for false information on the application:
(1) Name of the applicant and, if a partnership or corporation, the
state in which organized;
(2) Residence address of applicant;
(3) Business address of applicant;
(4) The age and citizenship of the applicant, if an individual; of all

partners, if the applicant is a partnership or joint venture; or the manager and
officers, if the applicant is a corporation;
(5) The street address of the premises to be licensed;
(6) The name and residence address of the owner of the premises
proposed for licensing;
(7) The location and time and duration of any other amusement
location operated by the applicant presently or at any previous time, and whether
such license was revoked;
(8) The number of pool or billiard tables and amusement machines

that are to be located on the premises to be licensed;
(9) The name of the manager or operator if the person is not the
applicant;
(10) The name and address of the master vendor or vendors.
(B) The application for an amusement machine license or master vendor's

license shall be made in such form and contain such information as the City
Clerk-Treasurer may prescribe.
(Ord. 3-l977, passed 4-18-77)
§ 112.05 LICENSE FEE.
(A) The annual license fee for each amusement location shall be $75,
plus $10 for each amusement machine located on the premises.
(B) The annual license fee for each master vendor's license shall be $50.
(Ord. 3-l977, passed 4-18-77; Am. Ord., passed 4-18-77; Am. Ord. 8-l987,
passed
10-5-87)
§ 112.06 REGULATIONS CONCERNING OPERATION.
(A) All amusement locations shall be kept in a clean, healthful, and
sanitary condition at all times. The Chief of Police or his assigned subordinate
shall have the power to determine if the room is kept in such sanitary condition
and for such purpose, when desired, he shall have the assistance of the Building
Commissioner and the health and hospital corporation of the county. If the Chief
of Police determines, after inves-tigation by himself or his subordinate or the
health and hospital corporation of the county, that an unsanitary condition exists
within an amusement location or on property immediately adjacent to the
amusement location, which property is under the control of the amusement
location owners or their lessee or lessor, the Chief of Police or his designated
subordinate shall have the power to suspend the amusement location license for
the premises until the unsanitary condition is rectified.
(B) No licensee under this chapter shall permit persons to congregate in a

disturbing manner or to commit unlawful acts within the amusement location or
on parking areas or other property immediately adjacent to or normally used for
the purposes of parking for the amusement location, which property is under the
control of the amusement location owner or their lessee or lessor.
§ 112.07 INVESTIGATION OF APPLICANT PRIOR TO ISSUANCE OF
LICENSE.
(A) The Chief of Police or his designated subordinate, before issuing a
license, shall investigate the character of the applicant and the officers or general
manager of the business. Such licenses shall have an owner, manager, or
resident agent who shall be a resident of the county. The license may be denied
if the Chief of Police or his designated subordinate shall find that any of the
persons named in the application have previously been convicted of a felony,
connected with any amusement location where the license has been revoked, or
where any of the provisions of the law, applicable to him, have been violated, or if
the amusement location or billiard or pool room to be licensed does not comply in
every way with the ordinances and laws applicable thereto.
(B) All employees of the licensee shall be 18 years of age or older. If an

application is denied, the applicant of such permit shall be notified in writing of
the reasons for rejection and shall have the right to appeal accorded by this
chapter.
(C) The provisions of Chapter 110 of the Beech Grove Code of l984
shall apply to the issuance of all licenses under Chapter 112 of the Beech Grove
Code of l984. Any conflicts between Chapters 110 and 112 shall be resolved by
requiring that the more stringent provision or investigation be required of any
applicant.
§ 112.08 REPORTS OF VIOLATIONS.
(A) It shall be the duty of every police officer and all persons designated
by the Chief of Police, Sheriff, or Board of Public Works and Safety to report any
violation of law which occurs at any amusement location.
(B) It shall be the duty of every police officer, and all persons designated
by the Chief of Police, County Sheriff, or Board of Public Works and Safety, to
make frequent inspections of all such amusement machines, and if any gaming,
improper, or unlawful practices are observed in the use thereof, to report the
same to the Chief of Police or County Sheriff for proper action and also the
Mayor, who thereupon may recommend proceedings to revoke the licenses, in
accordance with the provisions of this chapter.
(Ord. 3-l977, passed 4-18-77)
§ 112.09 TERM OF LICENSE.
The annual license fee for amusement machines shall be for the period of
April 1 to March 31. Each license shall expire on March 31.
(Ord. 3-l977, passed 4-18-77; Am. Ord., passed 6-6-77
BOWLING ALLEYS
§ 112.15 LICENSE; APPLICATION AND FEES.
(A) License. No person or corporation shall operate any bowling alley for
profit without obtaining a license therefor from the Clerk-Treasurer.
(B) Application. Every license applicant shall pay an annual license fee to
the city for operating a bowling alley within the city for each year or partial year.
Licenses shall expire on March 31 following the date of issuance.
('67 Code, § 111.14)
(C) Charge. A charge of $5 shall be made for the issuance of an annual

license, and, in addition, a license fee shall be due for the operation of the
bowling alley in the amount of $5 for each year, or part thereof, for any alley
maintained and operated in the bowling alley. ('67 Code, § 111.15)
PINBALL MACHINES
§ 112.20 NUMBER OF MACHINES TO BE LICENSED.
The city shall license not more than 40 pinball machines.
('67 Code, § 111.10) (Ord. 2-l977, passed 3-7-77)
§ 112.21 TERMS OF LICENSES.
Licenses for pinball machines shall be issued by the Board of Public
Works and Safety, upon application therefor, for a period of one year effective
April 1, and expiring March 31 and shall be in full force and effect, subject to the
license complying with provisions of this chapter. For each one-year period, the
licensee shall pay a license fee of $50 for each pinball machine operated. The
fee shall be paid to the Clerk-Treasurer.
('67 Code, § 111.10(B)) (Ord. 2-l977, passed 3-7-77)
§ 112.22 TYPE OF MACHINE TO BE LICENSED.
No pinball machine except for a machine with five balls and free play
amusement only, shall be licensed under the provisions of this chapter. No
operation of any other type of pinball machine shall be permitted.
('67 Code, § 111.10(C)) Penalty, see § 112.99
§ 112.23 LICENSE TRANSFERS.
Any licensee may transfer his license from one pinball machine to another
of which the licensee is the owner or operator, provided the first pinball machine
is permanently retired from service. Application for the transfer shall be made to
the Board of Public Works and Safety and the applicant shall pay the Clerk-
Treasurer a $.50 transfer fee.
('67 Code, § 111.11) Penalty, see § 112.99
§ 112.24 LICENSES TO BE DISPLAYED.
All licenses shall bear an expiration date, and each pinball machine
license certificate shall be numbered. This number shall be the same number as
the pinball machine number and must be placed on each pinball machine
operating in the city. No pinball machine licensed under the provisions of this
chapter shall be allowed to operate in the city without a current license certificate
or duplicate thereof affixed on it in a prominent position.
('67 Code, § 111.12) Penalty, see § 112.99
§ 112.25 RECORDS OF LICENSES TO BE KEPT.
The Clerk-Treasurer shall keep a register of each person or corporation
owning or operating a pinball machine licensed under this chapter, together with
the license number, description, and make of the pinball machine. Records shall
be open to public inspection at all times.
('67 Code, § 111.13)
POOL AND BILLIARDS
§ 112.35 PERMITTED HOURS OF OPERATION.
No person who keeps or operates any billiard or pocket billiard table under
a license issued by § 112.37 shall permit any person to play billiards or pocket
billiards on the table or permit any person in the room in which the table is kept,
between the hours of 11:00 p.m. and 6:00 a.m. However, no person shall permit
any person to play billiards or pocket billiards on the table prior to 1:00 p.m. on
Sundays.
§ 112.36 BILLIARD ROOM TO BE CLEARLY VISIBLE FROM STREET.
(A) Visibility. No person shall keep or operate any billiard or pocket
billiard table under a license issued by this chapter, except when the room or
place in which the tables are kept and operated are clearly visible from the street
where the room or place is located.
(B) Curtains. No person shall keep or operate any billiard or pocket

billiard table under a license issued by this chapter, when the room or place in
which the tables are kept or operated has curtains or partitions of any kind or
description which prevent or obscure the visibility of the room to the public.
('67 Code, § 111.09) Penalty, see § 112.99
§ 112.37 LICENSE; FEE; DATE APPLICABLE.
(A) License date. No person shall keep or operate any billiard or pocket
billiard table for hire or gain for the use of which any fee is paid or compensation
in any form is given or received, unless he has a license therefor from the Clerk-
Treasurer, approved by the Mayor. Any person desiring to operate a billiard or
pocket billiard table under a license required in this section shall obtain the
license on or before March 31 of any year. If issued, the license shall be good
until the following March 31.
(B) Fee. For each billiard or pocket billiard table kept or operated for hire
or gain, the license fee for the first table shall be $25, and for each additional
table kept and operated the fee shall be $5. (Ord. 4-l952, passed 4-1-52; Am.
Ord. 10-l971, passed 6-21-71)
('67 Code, § 111.06) Penalty, see § 112.99
§ 112.38 UNLICENSED TABLES.
No person with a license to operate billiard or pocket billiard tables, as
provided in this chapter, shall keep or operate any other table or tables,
machines, or devices for hire or gain, without first having approval in writing from
the Board of Public Works and Safety.
PUBLIC DANCES AND DANCE HALLS
§ 112.45 PUBLIC DANCE HALLS PROHIBITED.
No person shall keep and operate a public dance hall or place, as a
regular business for private profit, within the city, which is open promiscuously to
the public, either on payment of an admission fee, or otherwise. No person shall
visit any such public dance hall or place, or participate in any public dance held
therein, nor shall any person knowingly rent, lease, or donate to another any
room or place in the city for the purpose of carrying on or maintaining therein any
public dances aforesaid, except as provided in this chapter and allowed for
dances conducted under a permit or license.
17-62) Penalty, see § 112.99
§ 112.46 PERMITS FOR DANCES REQUIRED.
(A) Permit. No person shall give or hold any dance or ball in any place,
with or without charge therefor, without a permit as provided in this chapter,
except when held at a private residence or other place by a fraternal,
educational, governmental, charitable, or religious organization, or a bona fide
club, each group limited to invited guests or its members and as long as all
groups comply with this chapter's provisions. Also exempt from licensing are
schools or classes for dance instruction, limited to regular pupils and guests, and
other events not open to the general public.
(B) Restrictions. No permit shall be issued to any person to keep or

operate a public dance hall or hold any public dance within 150 feet from the
north or south lines of Main Street from First to Eighth Avenues.
(C) Application. Persons desiring licenses shall file written applications,

signed and approved by the Police Chief, to the Clerk-Treasurer.
(D) Issuance. Permits shall be issued to approved applicants who have

paid required permit fees. The applicant shall be issued one or additional
permits for any number of dances to be given by the applicant in any calendar
year. In the event more than one permit is applied for at one time, hours, dates,
and locations of the dances must be listed in the applications. The applicant
shall pay all separate license fees but shall pay only one issuance charge in such
instances.
(E) Validity. Permits shall be valid only for the dates, times, and locations
listed in permit applications. Permits must be applied for at least 24 hours before
the scheduled dances.
17-62) Penalty, see § 112.99
§ 112.47 PERMIT FEE.
The permit fee for each day or occasion on which a dance is conducted by
a person in any place other than as herein excepted, shall be $1 in addition to
the issuance fee of $1.
('67 Code, § 111.03(A)) (Ord. 1-l953, passed 3-2-53; Am. Ord. 17-l962, passed 9-
17-62)
§ 112.48 REFUSAL TO GRANT PERMIT.
The Police Chief may refuse to grant license approval for the following
reasons:
(A) If the applicant has been convicted of a felony or of any violation of

federal or state laws relating to intoxicating liquors, narcotic drugs, or disorderly
or immoral conduct; or if the applicant is reputed or known to be a person of bad
character in any respects.
(B) If at any prior dance held or given by the applicant, boisterous,

immoral, or disorderly conduct, or any violation of state law or city ordinance,
were permitted by the applicant to occur on the premises where the dance was
conducted.
17-62)
§ 112.49 HOURS COVERED BY PERMIT.
Each permit shall allow dancing until 2:00 a.m. (E.S.T.) of the day
following the calendar day for which the permit is issued.
('67 Code, § 111.03(B)) (Ord. 1-l953, passed 3-2-53; Am. Ord. 17-l962, passed 9-
17-62)
§ 112.99 PENALTY.
(A) Whoever violates any provisions of §§ 112.45 or 112.46 of this chapter
shall be fined not less than $10 nor more than $300 for each offense. In addition
thereto, any subsequent permits may be revoked or denied the convicted violator
of these sections or any penal statutes. (Ord. 1-l953, passed 3-2-53; Am. Ord.
17-l962, passed 9-17-62)
(B) Whoever violates any provisions of §§ 112.35 through 112.38 shall be

subject to a fine as provided in Chapter 23 of Burns Indiana Statutes, Annotated.
(C) Whoever violates any provisions of §§ 112.15, 112.20, 112.23, and
112.24 shall be fined not more than $50. Each day's violation shall be
considered a separate offense.
('67 Code, § 111.99)
(D) Whoever violates any provision of this chapter for which no penalty is
provided in divisions (A), (B) or (C) above shall be fined not less than $10 nor
more than $500 for each offense. In addition, if a permit or license is required of
the violator, such permit or license may be suspended, revoked or denied to the
convicted violator of those provisions not provided for in divisions (A), (B) or (C)
above, or of any penal or criminal statute. (Ord. 3-1995, passed 3-20-95)
CHAPTER 113: CONTRACTORS
Section
113.01Contractors
§ 113.01 CONTRACTORS.
For provisions concerning various building contractors, see Ch. 150, the
Building Code, herein.
CHAPTER 114: GARAGE, YARD SALES
Section
114.01Definitions
114.02 Number of sales permitted; duration of sales
114.03Posting signs
114.04 Persons, sales excepted from chapter
114.99Penalty
Cross-reference:
Bureau,
see Chapter 39
GARAGE SALES. All sales entitled GARAGE SALE, "lawn sale", "attic
sale", "rummage sale", "flea market sale", or any similar casual sale of tangible
personal property which is advertised by any means whereby the public at large
is or can be made aware of the sale.
GOODS. Any GOODS, warehouse merchandise, or other property

capable of being the object of a sale regulated hereunder.
PERSON. Individuals, partnerships, voluntary associations, and

corporations.
(Ord. 11-l975, passed 12-15-75; Am. Ord. 24-1984, passed 10-15-84)
§ 114.02 NUMBER OF SALES PERMITTED; DURATION OF SALES.
Any one person, family, firm, group, corporation, association, or
organization shall have no more than three sales within a 12-month period, and
no single sale for more than four consecutive calendar days.
(Ord. 24-l984, passed 10-15-84)
§ 114.03 POSTING SIGNS.
No person shall post any sign or advertisement for the sale on any public
property, nor at any place except at the location at which the sale is being held,
and in any event the sign shall be in compliance with all regulations thereto
appertaining. All such signs must be removed immediately at the end of the sale.
§ 114.04 PERSONS, SALES EXCEPTED FROM CHAPTER.
The provisions of this chapter shall not apply to or affect the following
persons or sales.
(A) Persons selling goods pursuant to an order or process of a court of

competent jurisdiction.
(B) Persons acting in accordance with their powers and duties as public
officials.
(C) Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement and
which separate items do not exceed five in number.
(D) Persons selling such goods in a properly zoned commercial location,

pursuant to the regulations as specified under the particular zoning designation.
§ 114.99 PENALTY.
Any person, association, or corporation who shall violate any of the other
terms or regulations of this chapter, shall, upon conviction, be fined not less than
$25, nor more than $100.
CHAPTER 115: PEDDLERS AND SOLICITORS
Section
General Provisions
115.01Definitions
115.02 Unlicensed soliciting unlawful
115.03License issuance; fees
115.04 Peddlers, solicitors to register
115.05Exemption from payment of fee
115.06 License, permit to be displayed
115.07Unlawful soliciting hours
115.08 Obedience to "no peddlers" sign required
115.09Misrepresentation of identity
115.10 Peddlers not to breach the place
115.11 Selling or distributing goods on public property prohibited
115.12 License nonassignable, non transferable; exceptions
115.13License revocation
Itinerant Food Peddlers
115.20Definitions
115.21License required
115.22 Application for, granting of license
115.23License restrictions
115.24License fees
115.25License suspension; hearing
115.26 Licensee to comply with traffic law
Dealers in Second Hand Goods
115.35License required
115.36Application for license
115.37License fees
115.38 Acquiring property from minors, intoxicated persons, and the
like prohibited
115.39 Record of receipt of goods to be kept; cards to be given to
police
115.40 Retention of acquired property
Charitable and Religious Solicitations
115.50Definitions
115.51 Investigation by Board of Public Works and Safety
115.52 Agents and solicitors to furnish proper credentials
115.53Written receipts required
115.54 Books and records of permit holders
115.55 Use of fictitious name, fraudulent misrepresentation, and
misstatements prohibited
115.99Penalty
Authority to regulate transient merchants, see IC 25-37-1-11
Cross-reference:
Bureau,
see Chapter 39
Loud shouting and crying, see § 102.02(L)
GENERAL PROVISIONS
FIXED PLACE OF BUSINESS. A business operated and conducted from

the same location, for a period of at least 90 continuous days in the city.
PEDDLE. To sell and make immediate delivery, or offer for sale and
immediate delivery at any place within the city, other than from a fixed place of
business, any goods, wares, or merchandise, in the possession of the seller.
PERSON. Individuals, associations of individuals, partnerships,

corporations, societies, and Massachusetts or common law trusts.
PEDDLER. Any person who peddles.
SOLICIT. To sell or take orders or offer to sell or take orders at any place
within the city other than a fixed place of business, for goods, wares, or
merchandise for future delivery, or for services to be performed.
SOLICITOR. Any person who solicits.

('67 Code, § 113.08) (Ord. 11-l969, passed 3-3-69)
§ 115.02 UNLICENSED SOLICITING UNLAWFUL.
(A) The practice of going in and on residential property, or ringing a
doorbell, or knocking on a door of a private residence, including an apartment, in
the city, by any solicitor or peddler without a license and not having been
requested or invited to do so by the owner, occupant, or lessee of the private
residence or apartment, for the purpose of soliciting orders for the sale of goods,
wares, and merchandise, and peddling or hawking the same is declared to be a
nuisance.
(B) Any peddler or solicitor, being uninvited, who goes in or on the

residential property in the city without a license as provided by § 115.03 shall be
deemed to have committed a nuisance.
('67 Code, § 113.09)
(C) It shall be unlawful for any person to peddle or solicit without having
complied with the provisions of this chapter. ('67 Code, § 113.10)
§ 115.03 LICENSE ISSUANCE; FEES.
(A) Licenses shall be issued by the Clerk-Treasurer of the city, upon the
applicant's complying with the following provisions:
(1) Giving his name, present address, and his permanent address.
(2) Giving a brief description of the nature of the business and the
kinds of goods or property to be peddled or solicited.
(3) Paying the license fee required by this chapter for such license.
(4) Giving the name and address of the licensed employer and
exhibiting credentials showing he is an authorized employee or representative of
the employer, in the event the application is for any employee's license.
(5) Furnishing two photographs of applicant, of appropriate size,

one of which shall be attached at all times to the license, and the other delivered
by the Clerk-Treasurer to the Chief of Police for his files.
(6) Registering with the Police Department as required under §

115.04 and obtaining a permit within ten days after issuance of license.
(7) Giving two references as to moral character, honesty, and

integrity with names and addresses.
('67 Code, § 113.11)
(B) Every person desiring a general peddler's or solicitor's license shall

pay to the city a license fee of $50 per year, payable in advance.
(C) Employees of any licensed solicitor or peddler shall pay to the city a
license fee of $5 per year, payable in advance.
('67 Code, § 113.13)
(D) Conviction and punishment of any person peddling or soliciting

without a license shall not excuse or exempt the person from the payment of any
license fee due or unpaid at the time the conviction is made and violation of any
provision of this chapter. ('67 Code, § 113.22)
§ 115.04 PEDDLERS, SOLICITORS TO REGISTER.
(A) Every person or his employee who desires to peddle or solicit shall
register in a registration book provided for the purpose in the Police Department,
his name and address, the name and the address of the person whom he
represents, a brief description of the nature of the business in which he is
engaged, and the kind of goods or property to be peddled or solicited for, and the
person shall furnish his fingerprints and thumb prints, to be taken by the Police
Department.
(B) No person shall be registered and no permit shall be issued by the

Police Department except on such person exhibiting a valid license for peddling
or soliciting, from the Clerk-Treasurer.
(C) The registration shall be valid for a period of one year, and the person
must register at the end of each year period.
(D) As evidence of compliance with the provisions of this section, the

Police Department shall issue to each person who so complies with this chapter,
a permit which shall show the name and address of the person, the name and
address of the person he represents or by whom he is employed, if any, and the
kinds of goods or property to be peddled or solicited for.
(E) Every person or his employee shall give dates that he intends to
peddle or solicit.
('67 Code, § 113.12)(Ord. 11-l969, passed 3-3-69) Penalty, see § 115.99
§ 115.05 EXEMPTION FROM PAYMENT OF FEE.
(A) The provisions of § 115.03 shall not apply to the following: any natural
person peddling or soliciting for, or selling tickets for any religious, charitable,
educational, veterans, civic, or fraternal organization which is on the approved list
of the Board of Public Works and Safety.
(B) The Board of Public Works and Safety shall investigate and list those
organizations which are authentic and entitled to this exception.
('67 Code, § 113.14) (Ord. 11-l969, passed
3-3-69) Penalty, see § 115.99
§ 115.06 LICENSE, PERMIT TO BE DISPLAYED.
Every solicitor or peddler licensed under §§ 115.01 through 115.13 shall
have his photograph attached to his license and shall have his license and permit
in his immediate possession at all times. When he is peddling or soliciting, he
shall display the same on demand of any police or other officer of the city and on
demand of any person to whom he is peddling or soliciting.
§ 115.07 UNLAWFUL SOLICITING HOURS.
It shall be unlawful for any person to peddle or solicit on Sunday or before
the hour of 9:00 a.m. of any day, or after the hour of 6:00 p.m. of any day.
('67 Code, § 113.16) (Ord. 11-l969, passed 3-69) Penalty, see § 115.99
§ 115.08 OBEDIENCE TO "NO PEDDLERS" SIGN REQUIRED.
It shall be unlawful for any peddler or solicitor or any other person
pretending to be a peddler or solicitor for the purpose of peddling or soliciting or
pretending to peddle or solicit, to ring the bell or knock at any building whereon
there is painted, affixed, or otherwise displayed to public view, any sign
containing any or all of the following words: "No Peddlers", "No Solicitors", or
"No Agents", or which otherwise purports to prohibit peddling or soliciting on the
premises.
§ 115.09 MISREPRESENTATION OF IDENTITY.
It shall be unlawful for any peddler or solicitor to represent by words,
writing, or action that he is some other peddler or solicitor, that he is a partner,
employee, or agent of any such peddler, or solicitor, or that he is the employee,
agent, or representative, or partner of any person when in fact he is not the
employee, representative, agent, or partner of the person.
§ 115.10 PEDDLERS NOT TO BREACH THE PEACE.
No peddler or solicitor shall cry his wares in a loud voice or use any noise-
producing device, nor shall any peddler commit any breach of the peace in crying
his wares or soliciting the sale of his products.
('67 Code, § 113.18(B)) (Ord. 11-1969, passed 3-3-69) Penalty, see § 115.99
§ 115.11 SELLING OR DISTRIBUTING GOODS ON PUBLIC PROPERTY
PROHIBITED.
No person, firm, or corporation shall sell or distribute on the streets, alleys,
parks, or other public grounds of the city, any goods, wares, or merchandise.
('67 Code, § 113.18(C)) (Ord. 11-l969, passed 3-3-69) Penalty, see § 115.99
§ 115.12 LICENSE NONASSIGNABLE, NONTRANSFERABLE; EXCEPTIONS.
(A) Licenses and permits issued pursuant to § 115.03 shall not be
assigned or transferred, nor shall they or either of them, be used by any person
other than the person to whom they were issued.
(B) It shall be unlawful for any person to transfer, loan, or permit the use
of his license by any other person.
(C) Where a person who is not himself soliciting or peddling has taken out
a license for bona-fide employees and the licenses are issued in the names of
the employer and the employee, the license may be transferred, subject to the
following conditions:
(1) The license and the police permit must be presented to the
Clerk-Treasurer.
(2) The permit is to be retained by the Clerk-Treasurer.
(3) A notation must be made on the license to indicate its transfer

from one employee to another, and a picture of the new employee furnished to
the Clerk-Treasurer and placed on the license.
(4) The new employee must comply with the provisions of §

115.04.
(5) Such transfer may be made upon the payment of a transfer fee
of $5.
(D) Employee licenses and permits must be turned in to the Clerk-

Treasurer by the employer holding a general license to peddle or solicit when the
employee terminates his employment. The employer shall notify the city of
termination within five days.
('67 Code, § 113.l9)
(E) The provisions of §§ 115.01 through 115.13 shall not apply to

salesmen or agents for wholesale houses who solicit orders from, or sell to, retail
dealers for resale, or to manufacturers for manufacturing purposes, or to bidders
for public works or supplies. ('67 Code, § 113.20)
§ 115.13 LICENSE REVOCATION.
(A) Licenses issued pursuant to § 115.03 may be revoked by the Board of
Public Works and Safety of the city after notice and hearing, for any of the
following causes:
(1) Fraud, misrepresentation, or any false statement contained in

the application for a license.
(2) Fraud, misrepresentation, or any false statement made to the

Police Department in furnishing the information required by § 115.04.
(3) Conviction of the licensee of any felony or crime involving moral

turpitude.
(4) Conducting the soliciting or peddling by motorcycles, bicycles,

scooter, or motor bicycles.
(5) Conducting the soliciting or peddling in an unlawful manner or

in such a manner as to constitute a breach of the peace or to be a menace to the
health, safety, or general welfare of the people of the city.
(6) Any other violation of§ § 115.01 through 115.13.
(B) Notice of the hearing for revocation of a license shall be given in

writing stating the grounds of the complaint and the time and place of hearing.
The notice shall be mailed, postage prepaid, to the licensee at the address given
on the application for the license, at least five days prior to the date set for
hearing.
(C) Any person aggrieved by the decision of the Board of Public Works
and Safety shall have the right to appeal to the Common Council of the city. The
appeal shall be taken by filing with the Clerk-Treasurer a written statement
stating that a decision by the Board of Public Works and Safety has been given.
The Common Council shall set the time and place for the hearing of the appeal,
and notice of the time and place shall be given to the Clerk-Treasurer in the
manner herein provided for the notice of hearing of revocation by the Board of
Public Works and Safety.
('67 Code, § 113.21) (Ord. 11-l969, passed 3-3-69)
ITINERANT FOOD PEDDLERS
For the purpose of this subchapter, the following definition shall apply
PEDDLE and PEDDLER. Generally all phases of the term as commonly

defined and understood and include all hawkers and itinerant dealers and
persons who do not operate their businesses and sell their particular foods, such
as produce, ice cream, sandwiches, and drinks, exclusively or regularly upon or
from established and fixed places or locations, but who regularly operate their
businesses by solicitation from house to house or place to place by traveling over
public streets and ways on foot, in or on vehicles or with pushcarts carrying
various foods they offer for direct sale or delivery to persons offering to buy. The
definition shall also include those who purchase produce from other persons for
reselling, in the manner defined herein, whether in the form or manner
purchased, or those selling produce mixed, prepared, or diluted into other forms.
However, this definition does not include or apply to traveling salesmen or
manufacturers, jobbers, or wholesale dealers who take orders by sample,
catalog, or otherwise, for future delivery to resident merchants or dealers of such
articles, or purchased by buyers for resale.
('67 Code, § 113.01) (Ord. 7-l959, passed 6-1-59)
§ 115.21 LICENSE REQUIRED.
No person, unless excluded herein, shall peddle any kinds of food such as
produce, ice cream, sandwiches, and drinks at wholesale or retail without first
obtaining a license to do so.
§ 115.22 APPLICATION, FOR GRANTING OF LICENSE.
(A) Any person desiring to be licensed shall make written application to
the Clerk-Treasurer, submitting the license fee with his application. The
application shall include the name, address, employer, driving experience, and
driver's license number (if a vehicle is to be used), age, former employer, marital
status, any prior criminal convictions and a statement that the applicant is familiar
with city traffic ordinances and state statutes. The license application shall also
list restrictions contained in this chapter, and a pledge by the applicant that he
will not violate the restrictions.
(B) The Clerk-Treasurer will present the application to the Board of Public
Works and Safety who will consider the application at its next regularly scheduled
meeting when it will permit or reject the license. The Board will notify the Clerk-
Treasurer and applicant of its decision by mail.
('67 Code, § 113.03) (Ord. 7-1959, passed 6-1-59)
§ 115.23 LICENSE RESTRICTIONS.
No licensee using a pushcart, wagon, or other vehicle, or operating on foot
alone, shall advertise his approach or product through the use of loudspeaker
equipment, music, horn, whistle, or other mechanical or automatic noisemakers.
§ 115.24 LICENSE FEES.
The license fee for an itinerant food peddler's license shall be $50 for one
year. Proper insignia shall be furnished the licensee by the Clerk-Treasurer, the
cost of which the city may pay or charge the licensee. The Clerk-Treasurer shall
issue to the applicant a license which shall be posted conspicuously on the
pushcart, wagon, or other vehicle, or carried by the peddler. The license shall be
effective only for the calendar year for which purchased.
§ 115.25 LICENSE SUSPENSION; HEARING.
(A) Suspension. Whenever a licensee is convicted of a violation of this
chapter's provisions, the Board of Public Works and Safety shall receive notice of
the conviction and may immediately suspend the license of the violator.
Suspension notice shall be mailed by the Board to the licensee at the address in
his application form on file with the city. On receipt of the notice, the licensee
shall have no further operating privileges under his license.
(B) Hearing. The Board of Public Works and Safety shall hold a hearing
on the suspension if so requested by the suspended licensee. The Board shall
determine whether the license shall be reinstated or revoked at the time of the
hearing.
('67 Code, § 113.07) (Ord. 7-1959, passed 6-1-59)
§ 115.26 LICENSEE TO COMPLY WITH TRAFFIC LAW.
Upon license issuance, the licensee must at all times comply with and
obey the provisions of the city traffic code, other applicable ordinances, and all
statutes relating to traffic and such business and their conduct thereof.
DEALERS IN SECOND HAND GOODS
It shall be unlawful for any person to engage in the business of buying,
selling, or in any way dealing with used goods of any kind without first obtaining a
second hand dealer's license therefor from the Clerk-Treasurer. However, this
section shall not apply to retailers who primarily in the course of selling such
unused goods occasionally receive used goods as partial consideration for the
sale of the unused goods, and dispose of them by sale or otherwise.
§ 115.36 APPLICATION FOR LICENSE.
(A) All applications for licenses required by this chapter shall be submitted
on forms provided by the Clerk-Treasurer and applicants shall provide all
information requested thereon.
(B) There shall be four classes of second hand dealers' licenses, as

follows:
(1) Regular. A regular second hand dealer's license may be

granted to any person who sells or intends to sell second hand goods from a
fixed location for a period exceeding 15 consecutive days in a calendar year.
(2) Transient. A transient second hand dealer's license may be
granted to any person who sells or intends to sell second hand goods from
various locations for a period not exceeding seven days consecutively at any one
specific location.
The license shall only be issued for, and valid at a location where, a person has
been issued a "group" permit as defined herein, and the group permittee has
sponsored the transient applicant.
(3) Group. A group second hand dealer's license may be granted

to any person who sponsors a used goods show at any one location for a period
not exceeding 15 consecutive days. The group permittee shall be required to set
out the names and the addresses of each person the group applicant will allow to
participate in the used goods show and the group applicant will be required to
obtain a transient dealer's license for those persons that do not hold one. A
transient license is required of each person other than the group licensee who
participates in the used goods show.
(4) Antique. An "antique dealer" designation may be given any of

the above three classes of second hand dealers' licenses upon the request of the
applicant, who satisfactorily shows that he predominately deals in what is
commonly known as antiques or works of art; and the Clerk-Treasurer, in his or
her discretion, may make the special designation on payment of an additional fee
(to that required for such second hand dealer's license) of $25.
(C) Any person may apply for and hold more than one class of second
hand dealer's license at a time. However, the issuance of one class of license
shall not entitle an applicant to another class of license.
The annual fee for a license required by this chapter shall be $15 for each
place of business of the licensee.
§ 115.38 ACQUIRING PROPERTY FROM MINORS, INTOXICATED PERSONS,
AND THE LIKE PROHIBITED.
It shall be unlawful for any licensee under this chapter to receive any
article in the course of his business from any person who is in an intoxicated
condition, a minor, or who is known or suspected to have acquired and be
disposing of such articles unlawfully.
§ 115.39 RECORD OF RECEIPT OF GOODS TO BE KEPT; CARDS TO BE
GIVEN TO POLICE.
(A) Every licensee under this chapter shall keep a record book in which
shall be legibly written in ink in the English language at the time of receiving any
goods the following: An accurate description of the article received; the amount
of money paid for it; the exact time of the transaction; and the name, residence
address, telephone number, age, color, height, weight, complexion, style of beard
or mustache, if any; any visible distinguishing marks, style of dress, and number
of any license badge of the person delivering the goods to the licensee.
(B) The record book required to be kept by division (A) shall be open to
inspection at all reasonable times by the police or the Mayor or his designee.
(C) In addition to the record book required by this section, all licensees
under this chapter shall fill out one of the cards prescribed by division (D) for
each article received. The licensee shall fill out the front of each card in its
entirety and the description of the customer on the back. The customer shall
write in his own handwriting his name and address on the back of the card and
place his right thumbprint in the space provided. If the right thumbprint is
missing, any of the customer's fingerprints may be used. The thumbprint shall be
made in the manner approved by the police and shall not be blurred or
obliterated.
(D) The cards required by division (C) which are to be filled out shall be in
the following form:
"REPORT OF SECOND HAND PROPERTY RECEIVED"
"Article Serial No.

Maker's Name
Color, Style, Design
Marks and Further Description
Purchase Price
Dealer's Name
Location
Dealer's License No.
Date Reported , 19 "
(E) The back side of the card prescribed by division (D) shall be in the
following form:
"Signature
Address
Description of Customer - to be filled out
by dealer
Sex Age Height ft.

in. Weight lbs.
Race or Nationality
Clothing
Complexion
Right Thumbprint ."
(F) Before the hour of 12:00 noon of each Friday, each licensee under
this chapter shall deliver all of the cards filled out in the previous business week,
pursuant to the requirements of this section, to the Chief of Police.
§ 115.40 RETENTION OF ACQUIRED PROPERTY.
All property received by a licensee under this chapter shall be held intact
by the licensee for at least 15 days after the article is purchased. Whenever any
licensee receives written notice, either from the Police Department or from an
individual, that someone is maintaining a claim of right to possession of the
property adverse to the licensee, the licensee shall keep the property in his
possession or turn it over to the police if so required by the Chief of Police. Once
notice of an adverse claim to property has been given under this section, the
property shall be held for a period of 30 days, during which legal proceedings
may be commenced to determine who is entitled to the property. If the matter is
not settled or legal proceedings have not been commenced within 30 days, the
property shall be returned to the licensee by the police if held by them, and the
licensee may dispose of the property as he sees fit.
CHARITABLE AND RELIGIOUS SOLICITATIONS
BOARD OF PUBLIC WORKS. The Board of Public Works and Safety of

the city.
CHARITABLE. Includes the words patriotric, philanthropic, social service,

welfare, benevolent, educational, civic, governmental, or fraternal, either actual
or purported.
CONTRIBUTIONS. Includes the words alms, food, clothing, money,

subscription, property, or donations under the guise of a loan of money or
property.
PERSON. Any individual, firm, co-partnership, corporation, company,

association, or joint stock association, church, religious sect, religious
denomination, society, organization, or league, and includes any trustee,
receiver, assignee, agent, or other similar representative thereof.
PROMOTER. Any person who promotes, manages, supervises,

organizes, or attempts to promote, manage, supervise, or organize a campaign
of solicitation.
RELIGIOUS and RELIGION. As used herein, these terms shall not mean
and include the word CHARITABLE as herein defined, but shall be given their
commonly accepted definitions.
SOLICIT and SOLICITATION. The request directly or indirectly of money,
credit, property, financial assistance, or other thing of value on the plea or
representation that such money, credit, property, financial assistance, or other
thing of value will be used for a charitable or a religious purpose as those
purposes are defined in this subchapter.
(1) These words shall mean and include the following methods of
securing money, credit, property, financial assistance, or other thing of value on
the plea or representation that it will be used for a charitable or religious purpose
as herein defined:
(a) Any oral or written request;
(b) The distribution, circulation, mailing, posting, publishing

of any handbill, written advertisement or publication;
(c) The making of any announcement to the press, over the

radio or television, by telephone or telegraph concerning an appeal, assemblage,
athletic or sports event, bazaar, benefit, campaign, contest, dance,
entertainment, exhibition, exposition, party, performance, picnic, sale or social
gathering, which the public is requested to make a contribution for any charitable
or religious purpose connected therewith;
(d) The sale of, offer or attempt to sell, any advertisement,

advertising space, book, card, chance, coupon, device, magazine, membership,
merchandise, subscription, ticket, or other thing in connection with which any
appeal is made for any charitable or religious purpose, or where the name of any
charitable or religious person is used or referred to in any such appeal as an
inducement or reason for making any such sale, or when or where in connection
with any such sale, any statement is made that the whole or any part of the
proceeds from any such sale will go or be donated to any charitable or religious
purpose.
(2) A SOLICITATION as defined herein shall be deemed completed

when made, whether or not the person making the same receives any
contribution or makes any sale referred to by this section.
(Ord. 3-1985, passed 2-18-85)
§ 115.51 INVESTIGATION BY BOARD OF PUBLIC WORKS AND SAFETY.
The Board of Public Works and Safety may make, or cause to be made,
such investigations as the Board of Public Works and Safety shall deem
necessary in order for it to perform its duties under this subchapter. Upon
request by the Board of Public Works and Safety, any person shall make
available for inspection by the Board or any person designated in writing by the
Board as its representative for such purpose, all of such person's books, records,
and papers at any reasonable time and after ten days written notice.
§ 115.52 AGENTS AND SOLICITORS TO FURNISH PROPER CREDENTIALS.
All persons making solicitations under this subchapter shall furnish proper
credentials to their agents and solicitors for such solicitation. Such credentials
shall include the name of the principal person, the date, a statement describing
the principal person's charitable activity, the signature of the principal or the
principal's chief executive officer, and the name, address, age, sex, and signature
of the solicitor to whom such credentials are issued and the specific period of
time during which the solicitor is authorized to solicit on behalf of the principal
person. No person shall solicit under this subchapter without the credentials
required by this section. The credentials must be shown, upon request, to all
persons solicited and to any police officer of the city.
§ 115.53 WRITTEN RECEIPTS REQUIRED.
Any person receiving money or anything having a value of $1 or more
from any contributor under a solicitation made pursuant to this subchapter shall
give to the contributor a written receipt signed by the solicitor showing plainly the
name of the person under whose permit the solicitation is conducted, the date,
and the amount received. This section shall not apply to any contributions
collected by means of a closed box or receptacle used in solicitation where it is
impractical to determine the amount of such contributions.
§ 115.54 BOOKS AND RECORDS OF PERMIT HOLDERS.
No person shall solicit any contributions for any charitable purpose without
maintaining a system of accounting whereby all donations to it and all
disbursements are entered upon the books or records of that person's treasurer
or other financial officer.

§ 115.55 USE OF FICTITIOUS NAME, FRAUDULENT MISPRESENTATION,
AND MISSTATEMENTS PROHIBITED.
No person shall directly or indirectly solicit contributions for any purpose
by misrepresentation of his name, occupation, financial condition, social
condition, or residence, and no person shall make or perpetrate any other
misstatement, deception, or fraud in connection with any solicitation of any
contribution for any purpose in the city.
§ 115.99 PENALTY.
(A) Whoever violates any provisions of §§ 115.20 through 115.26 shall be
fined not more than $100.

fined not to exceed $300 for each offense.
('67 Code, § 113.99) (Ord. 11-1969, passed 3-3-69)
(C) Any person or entity who violates§ § 115.35 through 115.39 may be
fined no more than $500, nor less than $25 for each violation. The City Attorney
may also bring an action to enjoin continuing violations of the sections or failure
to comply with the sections, or the Mayor may revoke the license of the licensee
after a hearing with ten days' notice to the licensee and upon a finding of three or
more violations of the sections by the licensee or that the licensee or his
employees have been convicted of a felony.
(Ord. 16-1984, passed 4-16-84)
(D) Any person violating any of the provisions of §§ 115.50 through

115.55, or filing or causing to be filed information with the Board of Public Works
and Safety under §§ 115.50 through 115.55 containing false or fraudulent
misstatements, shall be deemed guilty of an offense hereunder and upon
conviction thereof shall be fined not less than $1 nor more than $500. (Ord. 3-
l985, passed 2-18-85)
CHAPTER 116: MASSAGE PARLORS
Section
116.01Definitions
116.02 Applications for licenses, permits
116.03License fees
116.04License issuance
116.05 Applicable regulations; license revocation
116.99Penalty
Cross-reference:
Bureau,
see Chapter 39
BATHHOUSE. Any building, room, place, or establishment other than a

regularly-licensed hospital, dispensary, hotel, rooming house, or public lodging
house where members of the public are provided with baths, regardless whether
steam, vapor, water, or otherwise.
BOARD. The City Board of Public Works and Safety.
MASSAGE. Treating the superficial soft parts of the body for remedial or
hygienic purposes, consisting of any one or all of the following procedures with
the hands or instruments: Rubbing, stroking, kneading, or tapping.
MASSAGE PARLOR. Any building, room, place, or establishment, other
than a legally licensed hospital or dispensary, where non-medical and non-
surgical manipulative exercises are practiced on the human body, with or without
the use of mechanical or bath devices, by anyone not a physician, surgeon,
chiropractor, osteopath, or of a similar status, duly registered with and licensed
by the state.
MASSAGE THERAPIST. A person, male or female, who practices,

administers, or teaches all or any of the subjects or methods of treatment defined
as massage therapy.
MASSAGE THERAPY. The act of body massage, either by mechanical or

electrical apparatus, for the purpose of massaging, reducing, or contouring the
body by the use of oil rub, salt, hot or cold packs, cold showers, and cabinet
baths.
MASSAGE THERAPY CLINIC. Any shop, establishment, or any place of

business therein where any or all of the methods of treatment defined herein are
administered or used.
('67 Code, § 115.01) (Ord. 3-l964, passed 5-4-64)
§ 116.02 APPLICATIONS FOR LICENSES, PERMITS.
(A) Each person, firm, or corporation which operates, conducts, or
maintains a school of massage, massage parlor, massage therapy clinic, or
bathhouse shall make application for a license to operate the businesses with the
(B) License application shall contain the following information and should
be individually signed by the applicant:
(1) Name of applicant.
(2) Residential address of applicant.
(3) Business address of applicant.
(4) Number of massage tables, shower stalls, bath stalls, or other

such individual units.
(5) The age and citizenship of the applicant, in the case of

individuals and of the manager, and officers in the case of a corporation.
(6) The names, addresses, ages, citizenship, and designation of

each person connected with the applicant's establishment.
(7) Whether the applicant or its manager or officers have ever
been previously engaged in operating a school of massage, massage parlor,
massage therapy clinic, or bathhouse.
(8) Whether any applicant, or, in the case of a corporation, its

manager, officers, directors, or stockholders, has ever been convicted of any act
of violence, moral turpitude, sex offense, or prior violation of this chapter.
(9) Type of license being applied for by the applicant, that is school
of massage, massage parlor, massage therapy clinic, or bathhouse.
(C) Along with the operator's license application there should be filed a
verified application for an operator's permit by each individual who practices
massage technique or is employed in the establishment. The application should
contain the following information:
(1) Name.
(2) Age.
(3) Address.
(4) Citizenship.
(5) Whether convicted of any public offense concerning an act of

violence, moral turpitude, sex offense, or prior violation of this chapter.
(6) Nature of work performed.
(D) Along with the aforesaid applications for licenses and permits, there
should be a certificate from a duly licensed medical practitioner, on a form
prescribed by the health and hospital corporation of the county, certifying that the
applicant is free from communicable diseases and that examination has been
made within 30 days prior to the application for the license or permit herein
sought.
(E) Along with the aforesaid applications for licenses and permits, 25
letters of recommendation shall be filed by responsible citizens of the city.
('67 Code, § 115.02) (Ord. 3-l964, passed
5-4-64) Penalty, see § 116.99
(A) Each person, firm, corporation, or association which operates a
massage parlor, massage therapy clinic, bathhouse, or any combination thereof,
shall pay an annual license fee of $1000.
(B) Along with each application for an operator's permit there shall be filed
an annual fee of $500.
('67 Code, § 115.03)
(C) All fees, if the license or permit application is denied by the Board of
Public Works and Safety, shall not be returned to the applicant. ('67 Code, §
115.06)
§ 116.04 LICENSE ISSUANCE.
The Board of Public Works and Safety, before issuing a license, shall
investigate the character of the applicant, or applicants, and the officers,
directors, and manager of the business if it is a corporation. The Board of Public
Works and Safety may refuse to issue any license within its discretion if the
Board finds any of the persons named in the application, or employees thereof,
are not of good moral character, that any of the provisions of this chapter have
been violated, if the premises sought to be licensed fail to comply in any manner
with regulations, ordinances, and laws applicable thereto or for any reason the
Board deems to be in the public interest.
('67 Code, § 115.05) (Ord. 3-1964, passed 5-4-64)
§ 116.05 APPLICABLE REGULATIONS; LICENSE REVOCATION.
(A) No person shall be employed by a licensee or within view of any of
the services or facilities rendered by a massage parlor, massage therapy clinic,
or bathhouse who is under 21 years of age.
(B) Every school of massage, massage parlor, massage therapy clinic, or

bathhouse shall be open for inspection at all times by duly authorized
representatives of city departments concerned with licensing, supervision, and
inspection of the establishments on the showing of proper and legal credentials
by the persons, and the license application shall expressly authorize the
inspections.
('67 Code, § 115.04)
(C) All licenses or permit holders are subject to all city ordinances, county
ordinances, and state statutes, and to the regulations of various administrative
bodies of the city, county, and state. Violation of regulations, ordinances, or
statutes shall be grounds for license or permit revocation. ('67 Code, § 115.07)
(Ord. 3-1964, passed 5-4-64)
§ 116.99 PENALTY.
In addition to rejection of new applications or revocations of existing
licenses, any person, firm, or corporation who violates any provisions of this
chapter shall be fined not less than $100 nor more than $500. Each day's
violation shall constitute a separate offense.
('67 Code, § 115.99) (Ord. 3-1964, passed 5-4-64)
CHAPTER 117: TAXICABS
Section
General Provisions
117.01Definitions
Taxicab Business Operator
117.10 License required; application therefor

117.11 Verification of application
117.12 License fee; license nontransferable
117.13Revocation of license
117.14Liability insurance
117.15Taximeter; fares
117.16Number of licenses issued
Taxicab Drivers
117.25Driver's license required

117.26 Qualifications of license applicants; examination thereof
117.27Filing; investigating license
117.28License approval and display
117.29 License renewal, denial, hearing
117.30Unlicensed driving prohibited
117.31Failing to respond to calls
117.32Overcharging
117.33 Using taxicab for immoral purposes
117.99Penalty
Authority to regulate public vehicles for hire, see IC 36-9-2-4
Cross-reference:
GENERAL PROVISIONS
“TAXI” or TAXICAB. A motor vehicle as defined in IC 8-2.1-17-16 used for
transporting one or more persons for hire from any location in the city. Taxicab
licenses shall be issued or renewed pursuant to this chapter only for vehicles
capable of seating six or less and in good mechanical condition.
('67 Code, § 116.01)
TAXICAB DRIVER. Any operator or driver of any vehicle owned by

anyone and licensed by the city to operate a taxicab on its streets. ('67 Code, §
116.11)
(Ord. 4-l954, passed 8-2-54; Am. Ord. lA-1992, passed 2-3-92)
TAXICAB BUSINESS OPERATOR
§ 117.10 LICENSE REQUIRED; APPLICATION THEREFOR.
(A) License required. It shall be unlawful for any person, firm, company,
association, partnership, or corporation to operate any motor vehicle defined in
IC 8-2.1-17-16 as a “TAXICAB” to offer to transport, or to transport, any
passenger for hire or as a contractual service from any location in the city,
without first obtaining a license to do so, and on complying with the provisions of
this chapter.
(B) Licenses authorized. The Clerk-Treasurer is authorized to issue

licenses for public transportation of passengers for hire in motor vehicles, defined
as “TAXICABS” by IC 8-2.1-17-16 in accordance with this chapter. A separate
license shall be issued for each vehicle licensed under this chapter.
(C) Applications.
(1) All applications for licenses authorized by this chapter shall

be made and signed by the owner of the business to be licensed.
(2) In addition to other requirements of this chapter, all

applications for a license required by this chapter contain the following
information:
(a) Business address;
(b) The number of taxis to be operated in the licensed

business;
(c) The seating capacity, name of manufacturer, vehicle

identification number, the number of the certificate of title, the color of the vehicle,
and state license plate number for each vehicle;
(d) A current financial statement concerning the

applicant;
(e) Whether the applicant has ever been convicted of a

felony, if the applicant is an individual, whether any of the partners have been
convicted of a felony, if the applicant is a partnership, and whether any of the
officers or directors have been convicted of a felony, if the applicant is a
corporation;
(f) The names of all persons other than the applicant

who have financial interest in any of the taxis or other property to be used in the
licensed business, and the information required in division (C)(2)(e) of this
section for each of these persons;
(g) Whether the applicant proposes to own or lease the
vehicles; and
(h) Any other information required by the Clerk-Treasurer.
(3) The provisions of this chapter shall not in any manner

prohibit taxicab companies located outside the city from
responding to a call for taxi service from locations inside the city.
('67 Code, § 116.03) (Am. Ord. 1A-1992, passed 2-3-92) Penalty, see § 117.99
§ 117.11 VERIFICATION OF APPLICATION.
The Clerk-Treasurer shall refer any application for license hereunder to
the Police Chief for report as to whether the application filed with the Clerk-
Treasurer contains accurate information and the equipment to be used and
licensed is in a good mechanical condition sufficient for reasonably safe
transportation of passengers. No license shall be issued except with the
approval.
('67 Code, § 116.04)
§ 117.12 LICENSE FEE; LICENSE NONTRANSFERABLE.
Every license issued for the operation of any taxicab shall be dated as of
the date of issuance and shall be valid for a one-year period, or part thereof, until
the next following June 15, and for each license so issued the licensee shall pay
to the Clerk-Treasurer the sum of $50. No license shall be transferable.
('67 Code, § 116.05(A)) Penalty, see § 117.99
§ 117.13 REVOCATION OF LICENSE.
(A) No license shall be issued initially and any license that has been
issued shall be revoked unless the licensee shall use the same for operation of a
taxicab. ('67 Code, § 116.05(B))
(B) The Mayor is authorized to revoke any license issued under any
provisions of §§ 117.10 through 117.16 when the licensee thereof has violated
any of the same sections. ('67 Code, § 116.10)
§ 117.14 LIABILITY INSURANCE.
(A) No license shall be issued pursuant to this chapter unless the
applicant therefor has filed a public liability insurance policy or a certificate of
self-insurance issued by the Indiana Bureau of Motor Vehicles with the Clerk-
Treasurer which covers each taxi to be used in the licensed business and
complies with the requirements of division (B) of this section.
(B) Each taxi licensed under this subchapter shall maintain in effect at
all times the public liability insurance required by division (A) of this section,
which will idemnify anyone injured by any of the licensee's drivers or by anyone
operating any of the licensee's taxis. The liability insurance shall be not less than
$100,000 combined limit coverage for personal injury and property damage.
('67 Code, § 116.06) (Ord. 4-l966, passed 3-21-66; Am. Ord. 1A-1992, passed 2-
3-92) Penalty, see § 117.99
§ 117.15 TAXIMETER; FARES.
(A) Generally. No person owning, operating, or controlling a taxi shall
charge other than the schedule of rates at the time authorized by this chapter.
The licensee shall maintain a schedule of rates, chargeable for the use of such
taxi at all times, in plain view of any passenger seated in the rear seat.
(B) Payment of fare. No person who requests and receives

transportation in any taxi shall fail or refuse to pay the proper fare charge
authorized by this chapter.
(C) Receipt. If demanded by the passenger, the driver of a taxi shall

deliver to the passenger at the time of payment a signed receipt on a form
containing the driver's name and taxi number.
(D) Filing schedules. The licensee under this chapter shall file with the
Clerk-Treasurer copies of every current fare schedule, which shall be open to the
public, showing all rates and charges which the licensee has established and
requires in payment for any of its services. The schedule shall confrom to this
section and it shall be unlawful for any licensee or his agent to charge or receive
any fare greater than is specified in the current schedule.
(E) Schedule of rates. The charge for taxi services shall be as follows:
The prevailing rate in the city shall be the same as the rates charged in
Indianapolis and Marion County.
(F) All metering devices shall be inspected by the Police Department

twice a year. Inspections shall be in the months of MAy and November, and a
certificate of compliance with this chapter shall be issued to the owner or
operator at the time of inspection.
(Ord. 4-1966, passed 3-21-66; Am. Ord. 1A-1992, passed 2-3-92) Penalty, see §
117.99
§ 117.16 NUMBER OF LICENSES ISSUED.
Six taxicab licenses shall be the maximum number issued by the Clerk-
Treasurer during any one year or part thereof.
('67 Code, § 116.09)
TAXICAB DRIVERS
§ 117.25 DRIVER'S LICENSE REQUIRED.
(A) No person shall act as an operator or driver of any taxicab without a
license to do so and without complying and continuing to comply with all
applicable provisions of this chapter as well as being a qualified driver or
operator, and shall have a valid Marion County taxi driver's license.
(B) Each licensed driver shall file two recent photographs of himself,
one shall be on file at the licensed operator's office and one shall be filed with the
Clerk-Treasurer, and shall include the driver's full name, residence, age, place of
birth, race, sex, weight, height, color of eyes and hair, and whether a U.S. citizen.
Other information shall include whther the driver has been convicted of violating
any municipal ordinance, or of a felony or misdemeanor and, if convicted, the
nature of the offense or crime and the date and court where convicted.
(C) The licensed operator shall not employ any person to drive one of
his taxis who is not a Marion County licensed taxicab driver under the provisions
of this chapter.
('67 Code, § 116.12) (Ord. 4-1954, passed 8-2-54; Am. Ord. 1A-1992, passed 2-
3-92) Penalty, see § 117.99
§ 117.26 QUALIFICATIONS OF LICENSE APPLICANTS; EXAMINATION
THEREOF.
(A) Each applicant for a taxicab driver's license shall be 21 years old,
have good eyesight and hearing, and must not be subject to epilepsy, vertigo,
heart trouble, or any other infirmity of body or mind which might render him unfit
to safely operate a public vehicle. He shall be able to speak, read, and write the
English language, be clean in dress and person, and be of good moral character.
He shall not be addicted to the use of intoxicating liquors or narcotics, and he
shall, when required by the Board of Public Works and Safety, submit affidavits
executed by two reputable city residents, establishing his good reputation and
moral character. Proof that the applicant has passed a physical examination,
and is, at the time of application duly licensed as a public passenger chauffeur
and has otherwise qualified to drive motor vehicles under state law, shall be
accepted by the Board of Public Works and Safety as prima-facie evidence that
the applicant complies with these physical and mental requirements Any material
changes in the physical or mental condition of any licensed driver shall be
immediately reported by him to the Board of Public Works and Safety. ('67 Code,
§ 116.13)
(B) Each applicant for a taxicab driver's license shall be examined, within
five days after filing his application, by a police officer designated by the Police
Chief. Examination shall include questions as to his general qualifications, as
specified in this chapter and as to his knowledge of the state laws relating to
taxicabs, traffic regulations, and geography of this city.
(C) If the result of the examination is unsatisfactory, the applicant shall be

refused a license, but may thereafter renew his application if able to qualify.
Each applicant shall demonstrate his skill and ability to handle the vehicle safely
by driving it through a crowded section of the city while accompanied by a
designated police officer.
('67 Code, § 116.15)
(Ord. 4-l954, passed 8-2-54)
§ 117.27 FILING; INVESTIGATING LICENSE.
(A) Each application shall be filed on a blank form provided by the Board
of Public Works and Safety or the Clerk-Treasurer. Application shall include the
applicant's full name, residence, place of residence for five years prior to
application date, his age, place of birth, race, sex, weight, height, color eyes and
hair, length of city residency, whether a U.S. citizen, place of employment, or last
employment, and marital status. Other information shall include whether the
applicant has been convicted of violating any municipal ordinance, or of any
felony or misdemeanor and, if convicted, the nature of the offense or crime and
the date and court where convicted.
(B) The applicant's fingerprints shall be placed on the application or

attached to it and the applicant shall state whether he has previously been
licensed as a taxicab driver and, if so, whether his license has ever been
suspended, giving the date, place, and reason therefor. The applicant shall sign
this statement under oath and file it with the Board of Public Works and Safety.
(C) The applicant shall file two recent photographs of himself with his
application. The photographs may be any size easily attachable to a license.
When the license is issued, one photograph will be attached to the license and
one will be filed with the license application presented to the Board of Public
Works and Safety.
('67 Code, § 116.14)
(D) Investigation of all applications for licenses as taxicab drivers shall be

conducted by the Police Department under the direction of the Police Chief, to
determine the qualifications of applicants as herein prescribed. Upon completion
of investigation, the Police Chief shall deliver the application, with his
recommendations, to the Board of Public Works and Safety, and the Board shall
approve or disapprove the application and report its decision to the Clerk-
Treasurer. ('67 Code, § 116.16)
(Ord. 4-l954, passed 8-2-54)
§ 117.28 LICENSE APPROVAL AND DISPLAY.
The Clerk-Treasurer shall accept a Marion County taxi driver's license as
prima facie evidence that the driver has met all the requirements of the Marion
County code for taxi drivers. Every licensed taxicab driver shall have his/her
license conspicuously displayed at all times on the inside of the taxicab.
('67 Code, § 116.17) (Ord. 4-1954, passed 8-2-54; Am. Ord. 1A-1992, passed 2-
3-92) Penalty, see § 117.99
§ 117.29 LICENSE RENEWAL, DENIAL, HEARING.
(A) The license may be renewed annually upon application and approval
by the Board of Public Works and Safety. The renewal application shall be upon
a form prescribed by the Board, upon which form the applicant shall include his
full name, address, issuance date of his original license, and the number of the
original license. The Board shall approve or disapprove renewal within 15 days
after filing of the application. If the Board disapproves the renewal, it shall notify
the applicant of its reasons for disapproval and fix a time for hearing thereon
within 15 days of the notification. If, after full hearing, the Board finds the
application for renewal should be disapproved, the applicant shall have the right
to appeal to the Mayor, as hereinafter provided. Pending the Board's finding,
after hearing, the renewal applicant shall be permitted to operate a taxicab under
his previous year's license.
(B) If any licensee violates any provision of this code of ordinances, or is

convicted of violating any municipal ordinance, or any penal statutes of the state
or of the United States, or if he continues to operate any taxicab after revocation
or suspension of chauffeur's license or driver's license by any state agency or
any court, the Board of Public Works and Safety may summarily suspend his
taxicab driver's license issued under the terms of this chapter. The Board shall
notify the licensee of its action either in person or by registered mail.
(C) If renewal of any license has been denied, or if any license has been
suspended, the licensee may appeal from the order to the Mayor, by filing a
petition for review within ten days after receipt of denial or suspension notice.
Upon an appeal, the Mayor may affirm, reverse, or modify the terms of the
Board's order, or enter an order revoking the license. The Mayor's order, in any
case, shall be final and binding upon the licensee and the Board.
(D) Every taxicab driver's license or renewal thereof shall be dated as of

the date of issuance and shall be valid only for the calendar year, or part thereof,
in which issued. For each taxicab driver's license, or renewal thereof issued, the
licensee shall pay the Clerk-Treasurer $2.
('67 Code, § 116.18) (Ord. 4-1954, passed 8-2-54)
§ 117.30 UNLICENSED DRIVING PROHIBITED.
No owner of any taxicab, or any person representing the owner, shall
permit any driver who is not licensed, or any driver whose license has been
suspended or revoked, or one whom he knows does not possess all the
qualifications prescribed by this chapter, to operate a taxicab within the city. No
such driver shall operate a taxicab in this city while any order, suspending or
revoking either his license or the license of his employer, who owns or controls
his taxicab, remains in effect.
('67 Code, § 116.l9) (Ord. 4-1954, passed 8-2-54) Penalty, see § 117.99
§ 117.31 FAILING TO RESPOND TO CALLS.
No operator or driver licensed under this chapter shall wilfully fail or refuse
to respond promptly to a call for service anywhere within the corporate limits of
the city while he is on duty, provided the call for service is for conveyance to a
destination which can be reached over available used routes, and that the
conveyance of any person in the taxicab will not be a violation of any law or
ordinance.
§ 117.32 OVERCHARGING.
No licensee, operator, or driver shall charge, or attempt to charge, any
passenger a greater rate of fare than is authorized by the schedule of rates and
charges on file with the Clerk-Treasurer, pursuant to this chapter's provisions.
§ 117.33 USING TAXICABS FOR IMMORAL PURPOSES.
No operator or driver shall willingly permit his taxicab, or his services, to
be used by anyone for any immoral or unlawful purpose, or aid and abet any
person in such use.
§ 117.99 PENALTY.
(A) Whoever violates any provisions of §§ 117.10 through 117.16 shall be
fined not more than $100.

fined not more than $300. Each violation of this chapter shall constitute a
separate offense and any license may be suspended or revoked therefor by the
Mayor.
('67 Code, § 116.99) (Ord. 4-1954, passed 8-2-54)
TITLE XIII: GENERAL OFFENSES
Chapter
130. OFFENSES AGAINST MORALS
131. OFFENSES AGAINST PUBLIC PEACE AND SAFETY

CHAPTER 130: OFFENSES AGAINST MORALS
Section
General Provisions
130.01 Preservation of public morals

130.02 Entering bedroom of member of opposite sex
130.99 Penalty
GENERAL PROVISIONS
§ 130.01 PRESERVATION OF PUBLIC MORALS.
The protection of the public from invidious and debasing influences is
declared essential to the welfare and order of this city. Therefore, the
suppression and control of those influences, in the matters set forth in the
following sections, shall be the subject of this chapter.
('67 Code, § 133.01) (Ord. 7-l973, passed 7-2-73)
§ 130.02 ENTERING BEDROOM OF MEMBER OF OPPOSITE SEX.
It shall be unlawful for any guest registered at a motel, hotel, lodging, or
rooming house in this city to permit a person of the opposite sex to enter the
bedroom of said guest; or for any person of the opposite sex over six years of
age to enter the bedroom of any guest in any such motel, hotel, lodging, or
rooming house, unless that person is the wife, husband, mother, father, daughter,
son, sister, brother, grandparent, grandchild, uncle, or aunt of that person, or is
accompanied by one thereof, or unless that person is an employee of the motel,
hotel, lodging, or rooming house and is then engaged in the performance of his
or her duties as such. Nothing in this section shall be construed to forbid bona
fide buyers from inspecting the goods in charge of salesmen in sample rooms in
a motel, hotel, lodging or rooming house, nor in any other cases, where the clerk
on duty has been notified of a visit by any person or where the door of the
bedroom is kept open at all times during such inspection or visit and where no
legally proscribed immoral conduct occurs.
§ 130.99 PENALTY.
Whoever violates any provision of § 130.02 shall be fined a sum not
exceeding $100. Each separate offense shall be considered a separate
violation. (Ord. 7-l973, passed 7-2-73)
CHAPTER 131: OFFENSES AGAINST
PUBLIC PEACE AND SAFETY
Section
Offenses Against Public Peace
131.01 Congregating in public places

131.02 Interfering with officials
131.03 Resisting, taunting police officers
Offenses Against Safety
131.15 Discharging firearms
131.99 Penalty
Cross-reference:
Bureau,
see Chapter 39
OFFENSES AGAINST PUBLIC PEACE
§ 131.01 CONGREGATING IN PUBLIC PLACES.
It is unlawful for any person to congregate or cause to be congregated a
crowd of three or more persons upon any public street, alley, sidewalk, parking
lot, school or school grounds, building or any other public place within the city so
as to unduly obstruct them or as to intentionally hinder or annoy passers-by or
occupants of adjacent premises, or as to intentionally interfere with the activities
normally carried on upon the premises.
('67 Code, § 130.03) (Ord. 25-1969, passed 1-l9-70)
§ 131.02 INTERFERING WITH OFFICIALS.
It shall be unlawful for any person or persons to intentionally impede or
interfere, or to attempt to impede or interfere with any policeman, fireman, or any
other city official in the performance of his duty or emergency functions as a
fireman, policeman, or city official.
§ 131.03 RESISTING, TAUNTING POLICE OFFICERS.
(A) All persons arrested and also those in the vicinity of any police officer
who is then and there engaged in making an arrest, or in the conduct of a police
investigation, shall respect the authority and lawful conduct of any such officer
and the authority and dignity of the local and state governments and their
enforcement agencies.
(B) It shall be unlawful for any arrested person, or any person nearby, to
belittle, jeer, taunt, ridicule, curse, or make remarks of a disparaging or insulting
nature, or in any way disrespectful of any law enforcement officer or agency in
the conduct of any arrest, or when any investigation is being made under lawful
authority by any duly empowered law enforcement officers.
OFFENSES AGAINST SAFETY
§ 131.15 DISCHARGING FIREARMS.
No person, without legal right or license, shall discharge or assist in
discharging any firearm, gun, revolver, cannon, or any other instrument which,
when fired, produces a like effect, within the city limits.
('67 Code, § 131.01) Penalty, see § 131.99
§ 131.99 PENALTY.
(A) Whoever violates the provisions of §§ 131.01 or 131.02 shall be fined
not more than $500. (Ord. 25-l969, passed 1-19-70)
(B) Whoever violates any of the provisions of § 131.03 shall be fined in a

sum not exceeding $50. (Ord. 6-1973, passed 6-18-73)
(C) Whoever violates any provisions of § 131.15 shall be fined not more
than $100 for each offense. Each separate firing or assistance in firing shall
constitute a separate offense. ('67 Code, § 131.01)
TITLE XV: LAND USAGE
Chapter
150. BUILDING CODE
151. HOUSE TRAILERS
152. ENCROACHMENTS AND LICENSING
153. BUILDING NUMBERING
154. HOUSING-PROPERTY MAINTENANCE CODE
155. HOUSING CODE RENTAL DWELLING

CHAPTER 150: BUILDING CODE
Section
General Provisions
150.001 Title
150.002 Regulations constituting code
150.003 Purpose
150.004 Definitions
150.005 Compliance required
Building Permits, Design, and Supervision
150.015 When permits required

150.016 Eligibility, application for permits
150.017 Applications to be in writing
150.018 Plans to be approved by architects, engineers; exceptions
150.019 Plans to be drawn to scale
150.020 Examination of detailed plans and specifications
150.021 (Reserved)
150.022 Permit and plans to be available for inspection
150.023 Transfer of building permits
150.024 Completing partially completed work
150.025 Expiration of permit
150.026 Defacing permit
Certificate of Completion and Compliance
150.035 Filing the certificate

150.036 Modified certificate of completion and compliance
150.037 Architect's, engineer's certificate of completion and
compliance
Investigations and Inspections
150.045 Building Commissioner to investigate and inspect

150.046 Permittee to give notice of availability of inspection
150.047 Construction activity to be available for inspection
150.048 Connection, provision, or use of electric power
Inspections of Existing and Special Structure
150.055 Authority to inspect public buildings

150.056 Inspection of dangerous structures
150.057 Inspection of special structures
150.058 Inspection of premises on which municipally licensed
activities to be carried out
Fees
150.065 Payment of fees
150.066 Fees for construction placement or additions to structures
150.067 Fees for remodeling, alteration, or repair
150.068 Plumbing fees
150.069 Electrical fees
150.070 Heating, cooling, and refrigeration fees
150.071 Fees for demolition, removal
150.072 Listing, registration, and license fees
150.073 Examination fees
150.074 Certain inspection fees
150.075 Fee for transfer of building permit
150.076 Fee for other construction activity
150.077 Fee exemptions
Minimum Construction Standards
150.085 Minimum standards for construction not regulated by the

Administrative Building Council
150.086 Required installation of food waste disposer
Condition of Premises During Construction Activity
150.095 Public property; walkways; dust control

150.096 Conditions for removing structures
150.097 Electrical power for on-site construction
150.098 Temporary sign at site of construction
Contractors and Skilled Trades
150.110 Contractors to be listed, registered

150.111 Qualifications
150.112 Requirements for inspector status
150.113 Bond
150.114 Insurance
150.115 Approval for listing
150.116 Listing not transferable
150.117 Suspension or revocation of listing
150.118 Hearing and appeal
150.119 Improper display of listing
Electrical Contractors
150.125 License required

150.126 Electrical examiner
150.127 Register for applications
150.129 Written examination
150.130 Experience
150.131 Equivalent examination
150.132 Eligibility for license renewal
150.133 Partnership or corporate agent status
150.134 Inspector status
150.135 Qualifications for partnership or corporation to be licensed as
an electrical contractor
150.136 Bond
150.137 Insurance
150.138 Building Commissioner's approval required
150.139 Supervision by licensee
150.140 Electrical work on one's own property
150.141 License suspension, revocation, or ineligibility
Licensing and Regulation of Heating and Cooling Contractors

150.151 Register of applicants
150.152 Contractor's qualification
150.157 Qualifications for a partnership or corporation to be licensed
as a heating and cooling contractor
150.158 Bond
150.159 Insurance
150.160 Types of licenses
150.161 Mayor's approval for licensure
150.162 License is personal and not transferable
150.164 Heating and cooling work on one's own property
Licensing and Regulations of Wrecking Contractors

150.176 Applicants to register
150.182 Qualifications for a partnership or corporation to be licensed
as wrecking contractor
150.183 Bond
150.184 Insurance
150.185 Types of license
150.186 Mayor's approval for licensure
150.187 License personal and not transferable
Registration of Plumbing Contractors
150.195 Registration
Signs, Awnings, and the like
150.200 Definitions
150.201 Advertising on certain structures
150.202 Banners
150.203 Ground signs
150.204 Projecting signs
150.205 Roof signs
150.206 Wall signs
150.207 Wiring
150.208 Glass in signs
150.209 Obstructing fire escape with sign
150.210 Name of sign contractor to be shown
150.211 Obscene advertising prohibited
150.212 (Reserved)
150.213 Removal of unlawful signs or displays
Standards, Regulations for Awnings, Marquees, and the Like
150.214 Definitions
150.216 Applicability of regulations
150.217 Awnings
150.218 Fabric-covered awnings
150.219 Venetian awnings
150.220 Approval of certain awning designs
150.221 Suspended canopies
150.222 Supported canopies
150.223 Marquees
150.224 Permanent awnings
150.225 Advertising
150.226 Contractor's name to appear on canopy or awning
150.227 Canopies not to interfere with fire escapes or utilities
Sign Permits
150.235 When required

150.236 Application
150.237 Fees
Sign Inspection Fees
150.245 Permit fees for the erection of signs and advertising displays
150.246 Permit fees for marquees and awnings over public property
150.247 (Reserved)
150.248 Conditions of license
Administration, Enforcement
150.255 Administration, territorial application

150.256 Failure to file a proper certificate of completion and
compliance
150.257 Authority to withhold permits
150.258 Revocation of permits
150.259 Fees for permits obtained after commencement of work
150.260 Stop-work orders
150.261 Order forbidding occupancy
150.262 Forfeiture of bonds
150.263 Civil action
Unsafe Buildings
150.270 Title
150.271 Adoption of rules by reference
150.272 Definitions
150.273 Public nuisance; enforcement
150.274 Remedial action; enforcement
150.275 Workmanship
150.276 Unsafe Building Fund
150.277 Historic preservation
Fire Prevention and Building Safety Regulations
150.280 Purpose
150.281 Scope
150.282 Adoption of rules by reference
150.283 Authority
150.284 Application for permits
150.286 Review of permit application
150.287 Inspections
150.288 Entry
150.289 Stop order
150.290 Certificate of occupancy
150.291 Workmanship
150.292 Right of appeal
150.293 Remedies
150.294 Violations
150.999 Penalty
GENERAL PROVISIONS
§ 150.001 TITLE.
This chapter and all matters included herein by reference shall comprise
and be known as the Building Standards and Procedures of the City of Beech
Grove. ('67 Code, § 150.02) (Am. Ord. 29-1977, passed 10-17-77)
§ 150.002 REGULATIONS CONSTITUTING CODE.
(A) The most current addition of the following documents as amended
from time to time are hereby adopted and are part of the Beech Grove Building
Code and hereby included by reference:
(1) Indiana Department of Fire and Building Services General

Administrative Rules (GAR).
(2) Indiana Building Code (IBC) Uniform Building Code with Indiana
Amendments.
(3) Indiana Building Code Standards: Uniform Building Code

Standards with Indiana Amendments.
(4) Indiana Handicapped Accessibility Code.
(5) Indiana Electrical Code (IEC): NFPA 70, National Electrical

Code with Indiana Amendments.
(6) Indiana Safety Code for Health Care Facilities. NFPA 99, Health
Care Facilities with Indiana Amendments.
(7) Indiana Mechanical Code (IMC): Uniform Mechanical Code with

Indiana Amendments.
(8) Indiana Plumbing Code (IPC): BOCA National Plumbing Code

with Indiana Amendments.
(9) Indiana Swimming Pool Code.
(10) Indiana Energy Conservation Code.
(11) Indiana One and Two Family Dwelling Code: CABO One and
Two Family Dwelling Code with Indiana Amendments.
(12) Indiana Elevator Safety Code (IESC).
(13) Indiana Rules for Boilers and Pressure Vessels and Excerpts
from Indiana Statute (IC 22-12). Governing Licensing and Regulation.
(14) Indiana Amusement Device Code.
(15) Industrialized Building Systems: Special Administrative Rules

and Indiana Mobile Structures Code.
(16) Indiana Flammable and Combustible Liquids and Gasses

Code, (Including amendments to adopted NFPA Standards)
(17) Indiana Fire and Building Safety Standards Required

Supplementary Standards (including amendments to adopted NFPA Standards).
These documents and their provisions shall regulate the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversions,
occupancy, equipment, use, height, area, maintenance, electrical, plumbing,
heating, ventilating, and air conditioning of all buildings and structures in the city.
(B) All the rules and regulations of the Indiana Department of Fire and
Building Services are hereby adopted and made a part of this code of ordinances
as if fully set out herein, all as provided by state law under 675 IAC 12.
('67 Code, § 150.01) (Am. Ord. 4-1966, passed 4-15-96)
§ 150.003 PURPOSE.
This chapter is declared to be remedial and shall be construed in such
manner as to effectuate its purpose, which is to protect the safety, health, and
general welfare of the citizens of the city.
('67 Code, § 150.03) (Am. Ord. 29-1977, passed 10-17-77)
ADMINISTRATIVE BUILDING COUNCIL. That unit of the state

government created by Acts 1969, Chapter 338, as amended, more formally
known as "Administrative Building Council of Indiana."
BUILDING EQUIPMENT. Any machine, device, apparatus, or material

located in or connected directly to a new or existing structure which is used by an
occupant to supply or distribute water, remove wastes, supply or transmit
electricity, supply or distribute fuel, create conditions of heat or cold, or
accomplish the movements of air.
BUILDING STANDARDS AND PROCEDURES. Regulations, standards,

or requirements relative to either construction activity or the condition of the
existing structures or building equipment established by or under federal law,
state laws or city ordinances.
BUILDING STANDARDS AND PROCEDURES shall specifically include rules
promulgated by the Fire Prevention and Building Safety Commission - State
Building Commission and the substantive and the procedural provisions of this
chapter.
CONSTRUCTION ACTIVITY. The erection, construction, placement,

repair, alteration, conversion, removal, demolition, maintenance, moving, razing,
or remodeling of any new or existing structure or any part thereof; or the
construction, installation, extension, repair, alteration, conversion, removal, or
maintenance of building equipment. However, the CONSTRUCTION ACTIVITY
shall not include the construction, alteration, repair, or maintenance of airplanes,
boats, railroad rolling stock or motor vehicles, the manufacture or shop repair of
building equipment or the construction, the installation, alteration, repair or
maintenance of apparatus and equipment used by telegraph companies,
electrical utility, and telephone companies in the direct provisions of services to
the public.
COOLING SYSTEM. A system which utilizes a source of energy to

accomplish the cooling (not below a constant temperature of 55° F.) of more than
one partitioned space in a structure to accomplish the cooling of all or part of a
structure by distribution of air through duct work extending more than 12 inches
from the appliance collars, or distribution of liquid or vapor through on-site piping.
ELECTRICAL POWER DISTRIBUTION SYSTEM. A system for the

distribution of electrical current both within and on the exterior of a structure, from
an electrical power source to receptacles or equipment which uses electricity;
provided, however, that class 2 and class 3 circuits (as defined by the National
Electrical Code) shall not be considered part of an electrical power distribution
system for purposes of this definition.
HEATING SYSTEM. A system which utilizes a source of energy to

accomplish the warming of more than one partitioned space in a structure or to
accomplish the warming of all or part of a structure by distribution of air through
duct work extending more than 12 inches from the appliance collars, or
distribution of liquid or vapor through on-site piping.
INDIANA DEPARTMENT OF FIRE AND BUILDING SERVICES. That unit
of the state government created by Acts 1969, Chapter 338, as amended, more
formally known as Indiana Department of Fire and Building Services.
ONE- OR TWO-FAMILY RESIDENTIAL STRUCTURE. A one-family

dwelling structure, a two-family dwelling structure, or any accessory structure
appurtenant to either a ONE-FAMILY DWELLING STRUCTURE or a TWO-
FAMILY DWELLING STRUCTURE.
ORDINARY MAINTENANCE AND REPAIR. Construction activity

commonly accomplished in or on an existing structure or existing building for the
purpose of preventing deterioration or performance deficiencies, maintaining
appearance, or securing the original level of performance. Preventing
deterioration or deficient performance shall include such activities as caulking
windows, painting, pointing bricks, oiling machinery, and replacing filters.
Maintaining appearance shall include such activities as sandblasting masonry
and cleaning equipment. Securing the original level of performance shall include
such activities as replacing broken glass, patching a roof, disassembling and
reassembling a piece of building equipment, welding a broken part and replacing
a component of a heating system (but not a furnace) with an identical
component. ORDINARY MAINTENANCE AND REPAIR shall not include any
construction activity which alters the prior or initial capacity performance
specifications, type of required energy or functional features of an existing
structure or building equipment.
REFRIGERATION EQUIPMENT. REFRIGERATION EQUIPMENT.

Equipment which utilizes a source of energy to accomplish the cooling of a space
or materials to a constant temperature below 55 F., typically for such purposes as
food storage, mechanical fabrication or industrial processing; provided, however,
that plug-in electrical appliances such as freezers or ice-makers that do not
require more than 12 amperes of current at a nominal 115 volts shall not be
considered REFRIGERATION EQUIPMENT for purposes of this definition.
SERVICE EQUIPMENT. The necessary equipment, usually consisting of

a circuit breaker or switch and fuses and their accessories, located near the point
of entrance of electrical supply conductors to a structure or an otherwise defined
area, intended to constitute the main control and means of cutoff of the electrical
supply.
SPACE COOLING EQUIPMENT. Equipment which utilizes a source of

energy to accomplish the cooling (not below a constant temperature of 55° F.) of
an unpartitioned space within a structure in which the equipment is located
without the use of duct work for the distribution of air extending more than 12
inches beyond the appliance collars or the use of on-site piping for the
distribution of liquid or vapor, provided, however, that plug-in electrical appliances
such as window air-conditioners that do not require more than 12 amperes of
current at a nominal 115 volts shall not be considered SPACE COOLING
EQUIPMENT for purposes of this definition.
SPACE HEATING EQUIPMENT. Equipment which utilizes a source of

energy to accomplish the warming of an unpartitioned space within a structure in
which the equipment is located without the use of duct work for the distribution of
air extending more than 12 inches beyond the appliance collars or the use of on-
site piping for the distribution of liquid or vapor. However, plug-in electrical
appliances such as freestanding room heaters that do not require more than 12
amperes of current at a nominal 115 volts shall not be considered SPACE
HEATING EQUIPMENT for purposes of this definition and provided further that
fireplaces shall not be considered SPACE HEATING EQUIPMENT for purposes
of this definition.
STRUCTURE. That which is built or constructed, such as an edifice or

building of any kind, or any piece of work artificially built up or composed of parts
formed together in some definite manner, or any part thereof. The word
STRUCTURE shall specifically include signs, grandstands, tents, air-supported
structures and amusement devices upon which persons are conveyed. The word
STRUCTURE shall not include improvements such as public roadways or
bridges.
§ 150.003 COMPLIANCE REQUIRED.
All construction activity shall be accomplished in compliance with the
provisions of this chapter. All existing structures and existing building equipment
shall be subject to the provisions of this chapter.
(Ord. 29-1977, passed 10-17-77)
BUILDING PERMITS, DESIGN AND SUPERVISION
§ 150.015 WHEN PERMITS REQUIRED.
No person, partnership, or corporation shall engage in any construction
activity in the city unless a written building permit issued by the Building
Commissioner describing the activity has been obtained by and is in force
relative to the person, partnership, or corporation which is actually
accomplishing, supervising accomplishment, or is contractually responsible for
accomplishment of the construction activity allowed by the building permit;
provided, however, that a building permit shall not be require for:
(A) Ordinary maintenance and repair of a structure or building

equipment, except as provided below in the following divisions.
(B) Construction activity other than that described in division (A) above
where the total value of labor and materials does not exceed $500 except as
provided below in the following divisions.
(C) Erection of any sign in those categories of signs described in §

150.235(C).
(D) Installation of a single-phase electrical circuit not exceeding 60
amperes at a nominal 120/140 volts which is accomplished in a connection with
work on an existing one-or two-family residential structure which involves the
installation, modernization, replacement, service or repair of a heating system,
space heating equipment, cooling system, space cooling equipment, a water
heater or a food waste disposer for which a building permit has been issued.
(E) Construction of a structure which spans 120 square feet or less of

base area, is less than 15 feet in height, is not placed on or attached to a
permanent foundation and does not contain an electrical power distributive
system, heating system, space heating equipment, cooling system, or space
cooling equipment.
(F) Installation of household appliances such as window air-

conditioners, refrigerators, refrigerators with automatic ice-maker, ranges, clothes
washers, clothes dryers, dish washers, and trash compactors in one- or two-
family residential structures or apartment buildings when such installation does
not include the installation of an electrical circuit.
(G) Installation of thermal insulation.
(1) (a) Relative to divisions (A) and (B) hereof, building

permits shall be required for construction activity on either a structure or building
equipment where the activity, if done improperly would be a potential health or
safety hazard include: the construction or alteration of a chimney or venting
system; stripping and reapplication of roofing material; a change in exterior bulk
or facade; the creation or cutting away of any load-bearing wall, partition or
portion thereof; the creation, removal, or change of any required means of
egress, rearrangement of parts and of any structure affecting the exit-way
requirements; or a changes of the use, group occupancy or structure type.
(b) Examples of construction activity relative to

building equipment which, if done improperly would be a potential health or
safety hazard include: installation, alteration or relocation of any standpipe, water
supply, sewer drainage, drain leader, gas, soil, water, vent, or similar piping;
alteration or relocation of plumbing fixtures; installation or significant alteration of
an electrical power distribution system; installation of heating system, space
heating equipment, cooling system, or space cooling equipment; installation of
water supply lines; installation of a hot water heater; or replacement of a hot
water heater with one that is not identical as to temperature or pressure
protection, venting arrangement, and type of fuel of energy input.
(2) Provided, further, construction activity for which a permit is

required may be accomplished without a permit being then in force
notwithstanding what is stated hereinabove in this section where an emergency
need for such construction activity occurs on a day when the office of the
Building Commissioner is not open for business and the person, partnership, or
corporation which has accomplished such construction applies for a building
permit on the first day the office of the Building Commissioner is open for
business after the invitation of such construction activity.
Ord. 29-1977, passed 10-17-77) Penalty, see § 150.999
§ 150.016 ELIGIBILITY, APPLICATION FOR PERMITS
To obtain a building permit a person, partnership, or corporation must
meet the requirements of and make application through a person possessing the
qualifications stated in one of the divisions (A) through (E) below and must be the
person, partnership, or corporation which will either actually accomplish,
supervise accomplishment or be contractually responsible for accomplishment of
the construction actively allowed by the building permit.
(A) Any person, partnership, or corporation which is a listed contractor

under §§ 150.110 through 150.119 may obtain a building permit to accomplish an
construction activity except work for which §§ 150.125, 150.142, §§ 150.150
through 150.166, §§ 150.175 through 150.190 of this chapter requires licensure
or Public Law 188 of the Acts of 1972, as amended, requires a state license. If
the listed contractor is a person, application for a building permit must be made
by that person. if the listed contractor is a partnership or corporation, application
for a building permit must be made by that person. If the listed contractor is
partnership or corporation, application for a building permit must be made by an
employee, partner, or officer designated in a written document filed with the
Building Commissioner as having authority to act for that partnership or
corporation.
(B) Any person, partnership, or corporation licensed under §§ 150.125

through 150.142, §§ 150.150 through 150.166, and §§ 150.175 through 150.190
of this chapter may obtain a building permit solely to accomplish construction
activity allowed by the license or type of license held by the person, partnership
or corporation. If the license holder is a person, application for a building permit
must be made by that person. If the license holder is a partnership or
corporation, application for a building permit must be made by a partner or officer
who himself holds a license or type of license which allows accomplishment of
the construction activity stated n the building permit.
(C) Any person or corporation registered under § 150.195 of this

chapter may obtain a building permit solely to accomplish construction activity for
which state licensure as a plumbing contractor is required. If a person holding a
state plumbing contractor license is registered under § 150.195 of this chapter,
application for a building permit must be made by that person. If a corporation
holding a state plumbing contractor license is registered, application for a
building permit must be made either by the officer named in the state license or
another officer or employee holding a plumbing contractor license.
(D) Any person who is either a registered architect or registered engineer
licensed to practice in the state may obtain a building permit to accomplish any
construction activity for which the approval of the Indiana Department of Fire and
Building Services is required and has been given. Such architect or engineer,
however, may not obtain a building permit for work relative to which §§ 150.125
through 150.142, §§ 150.150 through 150.166, and §§ 150.175 through 150.190
and § 150.195 of this chapter which requires licensure or Public Law 188 of the
Acts of 1972, as amended, which requires a state license. Such architect or
engineer must himself apply for the building permit which he is authorized to
obtain.
(E) Any person who both owns and possesses an improved or

unimproved parcel of land may obtain a building permit to accomplish
construction activity relative to a one- or two-family residential structure on such
parcel, not including construction activity accomplished for the purpose of sale or
lease of such parcel to another. Such a person may not obtain a building permit
to wreck a structure for which §§ 150.175 through 150.190 requires licensure.
The requirements of § 150.140 and § 150.164 must be met for such person to
obtain a building permit to accomplish construction activity relative to which §§
150.125 through 150.142 and §§ 150.150 through 150.166 require licensure.
Such a person must himself apply for the building permit which he is authorized
to obtain.
§ 150.017 APPLICATIONS TO BE IN WRITING.
(A) Application for a building permit shall be made to the Building
Commissioner. The application shall be made in accordance with this section,
unless each and every requirement of § 150.021 is met and the Building
Commissioner decides to issue a building permit on the basis of that section.
(1) The application shall be in writing on a form prescribed by

the Building Commissioner and shall be supported with:
(a) Two copies of detailed plans and specifications drawn

to scale which indicate in a precise manner the nature and location of all work to
be accomplished pursuant to the building permit. In lieu thereof, it shall be within
the discretion of the Building Commissioner to accept two copies of a written
statement indicating the nature and location of the work to be done pursuant to
the building permit where such written statement describes the work as precisely
as a copy of detailed plans and specifications drawn to scale.
(b) Two copies of the plot plan drawn to scale which reflect
the location of the structure in relation to existing property lines and which show
streets, curbs, and sidewalks and proposed changes or additions to such streets,
curbs, and sidewalks. However, such plot plan shall not be required in the
instance where all of the construction activity is to occur inside an existing
structure.
(c) An improvement location permit, issued by the Division
of Development Services, Department of Metropolitan Development, if required
by the ordinance providing for the improvement location permit.
(d) Written approval from the County Health and Hospital

Corporation for any contemplated private water supply or private sewage
disposal system.
(e) Written approval from the Indiana Department of Fire

and Building Services, if required by state law or any rule or standard of the
Indiana Department of Fire and Building Services.
(f) A drainage permit, issued by the Indianapolis Department

of Public Works, if required by the county ordinance providing for a drainage
permit.
(2) In the instance where a building permit is required for the

purpose of allowing the demolition or removal of a structure, such application
shall be supported with a written statement from each utility that its service to the
premises has been disconnected, and a written statement from the record title
holder of such premises which authorized the demolition or removal.
(3) In the instance where a building permit is required for the

purpose of allowing the demolition or removal of a structure which is in excess of
35 feet in height, such application shall be supported by a certificate of insurance
reflecting that the obtainer of the building permit has a public liability and property
damage insurance policy naming the licensee and the city as the assured and
providing also for the payment of any liability imposed by law on such licensee or
the city in the minimum amounts of $500,000 for any occurrence relative to which
there is injury to or death of one or more persons and $250,000 for any
occurrence relative to which there is property damage.
(B) Except as provided in §§ 150.256 and 150.257, a building permit shall

be issued if:
(1) The application and supporting information required by this

section have been properly prepared and submitted;
(2) The application and supporting information filed in accordance

with this section reflect compliance with building standards and procedures; and
(3) The fee has been paid in compliance with §§ 150.065 through
150.077 of this chapter;
(4) The person, partnership, or corporation obtaining the building
permit complies with the requirements of this section; and
(5) The person applying for the building permit complies with the
requirements of this section.
(C) By making payment for the building permit, the applicant shall be
deemed to represent and certify that the information contained in the permit is
complete and accurate, unless the applicant shall within ten days provide in
writing to the Building Commissioner any additions or corrections to that
information.
§ 150.018 PLANS TO BE APPROVED BY ARCHITECTS, ENGINEERS;
EXCEPTIONS.
Except for those structures for which the Building Commissioner does not
require filing of plans for approval by the responsible design architect or
engineer, all detailed plans and specifications supplied with building permit
applications shall be designed by and prepared under the control and supervision
of a registered architect or engineer duly licensed to practice in the state. Such
professionally prepared plans and specifications shall bear the stamp or seal and
the registration number of such architect or engineer and shall be accompanied
by the usual form of certification which is now or may be hereafter prescribed for
use by architects and engineers by the Indiana Department of Fire and Building
Services.
§ 150.019 PLANS TO BE DRAWN TO SCALE.
All plans shall be drawn to scale or scales suitable to illustrate the work
using accepted professional practices. Drawing scale or scales must be noted
on each sheet. All plans with more than one sheet shall be numbered. Except
with respect to one- or two-family residential structures, an index shall be
furnished on the first sheet setting forth the character of each sheet in the set of
plans. The address appearing on the building permit shall be placed in letters at
least 1/4-inch high on the face of each sheet.
(Ord. 29-1977, passed 10-17-77)
§ 150.020 EXAMINATION OF DETAILED PLANS AND SPECIFICATIONS.
(A) The purpose of any examination of detailed plans and specifications
and plot plans shall be to determine consistency with building standards and
procedures. Design characteristics not affecting consistency with building
standards and procedures shall not be considered in any examination of detailed
plans and specifications and plot plans. Issuance of a building permit relative to
plans which do not comply with building standards and procedures shall not
relieve the person, partnership, or corporation who applied for or obtained the
building permit of the responsibility of complying with all building standards and
procedures.
(B) The Building Commissioner shall file mark all acceptable plans "plans
received and applications approved" and then return one copy of the detailed
plans and specifications and one copy of the plot plan to the applicants.
(Ord. 29-1977, passed 10-17-77)
§ 150.021 (RESERVED).
§ 150.022 PERMIT AND PLANS TO BE AVAILABLE FOR INSPECTION.
Any person, partnership, or corporation to which a building permit has
been issued shall prominently display such permit or a document bearing the
permit number provided by the Building Commissioner which evidences permit
issuance, or, in the instance of a permit obtained by telephone communication, a
paper bearing the authorization number, at the job site during construction
activity. If required to submit detailed plans and specifications in order to obtain a
building permit such person, partnership, or corporation shall have available for
inspection at all times a copy of the detailed plans and specifications bearing the
file mark of
the Building Commissioner. Any change in such detailed plans and
specifications, except for minor deviations that neither diminish structural quality
nor would cause noncompliance with applicable building standards and
procedures, shall be filed and approved by the Building Commissioner prior to
the time construction involving the change occurs.
(Ord. 29-1977, passed 10-17-77)
§ 150.023 TRANSFER OF BUILDING PERMITS.
A building permit may be transferred with the approval of the Building
Commissioner to a person, partnership, or corporation which would be eligible
under § 150.016 to obtain such building permit in the first instance (hereinafter
called the transferee), after both the payment of a fee specified in § 150.075 and
the execution and filing of a form furnished by the Building Commissioner. Such
transfer form shall contain, in substance, the following certifications, release, and
agreements:
(A) The person who applied for the original building permit or a person
who eets the requirements of § 150.036 for the execution and filing of a modified
certificate of completion and compliance (hereinafter called the transferor) shall:
(1) Certify under penalties for perjury that he is familiar with the
construction activity accomplished pursuant to the building permit; he is familiar
with the building standards and procedures applicable to the construction activity;
and to the best of his knowledge, information and belief the construction activity,
to the extent performed, is in conformity with all building standards and
procedures and
(2) Sign a statement releasing all rights and privileges secured

under the building permit to the transferee.
(B) (1) The transferee shall:

(a) Certify that he is familiar with the information contained
in the original building permit application, the detailed plans and specifications,
the plot plan and any other documents filed in support of the application for the
original building permit,
(b) Certify that he is familiar with the present condition of the

premises on which the construction activity is to be accomplished pursuant to the
building permit, and
(c) Agree to adopt and be bound by the information

contained in the original application for building permit, the detailed plans and
specifications, the plot plan and other documents supporting the original building
permit application; or in the alternative, agree to be bound by such application
plans and documents modified by plan amendments submitted to the Building
Commissioner for approval.
(2) The transferee shall assume the responsibilities and the

obligations of and shall comply with the same procedures required of the
transferor (including, but not limited to, the requirement of § 150.035 that a
certificate of completion and compliance be executed and filed and the
requirement of §§ 150.046 and 150.047 that further construction activity not be
accomplished without notice of and opportunity for inspection at certain stages)
and shall be subject to any written orders issued by the Building Commissioner
or his authorized representative.
(Ord. 29-1977, passed 10-17-77)
§ 150.024 COMPLETING PARTIALLY COMPLETED WORK.
If the construction activity allowed by a building permit has been commenced
but only partially completed and a person, partnership or corporation desire to
complete such construction activity, then such person, partnership, or corporation
must obtain a building permit covering the construct previously accomplished as
well as that to be accomplished, shall be responsible for accomplishing all
construction activity encompassed by the subsequent building permit (including
that previously accomplished) in accordance with building standards and
procedures and shall be obligated to file a certificate of completion and
compliance required by §§ 150.035 or 150.036 covering all the construction
activity encompassed by the subsequent permit.
(Ord. 29-1977, passed 10-17-77)
§ 150.025 EXPIRATION OF PERMIT.
If the construction activity for which a building permit has been issued has
not been commenced within 150 days from the date of its issuance, the permit
shall expire by operation of law and shall no longer be of any force or effect.
However, the Building Commissioner may, for good cause shown in writing,
extend the validity of any such permit for an additional period which is reasonable
under the circumstance, but in no event shall the continuance exceed a period of
60 days. Such extension shall be confirmed in writing. If the construction activity
has been commenced but only partially completed, and thereafter substantially
no construction activity occurs on the construction site over a period of six
months, the permit shall expire by operation of law and no longer be of any force
or effect. However, the Building Commissioner may, for good cause shown in
writing, extend the validity of any such permit for an additional period which is
reasonable under the circumstances to allow re-initiation of the construction
activity.
(Ord. 29-1977, passed 10-17-77)
§ 150.026 DEFACING PERMIT.
It shall be unlawful for any person, other than an employee of the Building
Commissioner's office to intentionally remove, deface, obscure, mutilate, mark, or
sign a posted building permit or a document bearing the permit number provided
by the city which evidences permit issuance without authorization from the
Building Commissioner or his authorized representative until 15 calendar days
after both the construction activity is completed and the Building Commissioner is
notified of such completion.
CERTIFICATE OF COMPLETION AND COMPLIANCE
§ 150.035 FILING THE CERTIFICATE.
(A) Within ten days after completion of the construction activity for which
a building permit has been issued pursuant to the provisions of this chapter and
prior to the occupancy or use of the structure, the person who applied for the
building permit for such construction activity shall execute and file a certificate of
completion and compliance with the Building Commissioner. Such certificate
shall be in the following form:
Address of premises on which construction activity was accomplished:
Permit Number:
The undersigned person hereby certifies under the penalties for perjury
that:
(1) I applied for the above referenced building permit, and
(2) I am familiar with the construction activity accomplished

pursuant to that building permit, and
(3) I know such construction activity has been completed with

exceptions here noted, and
(4) I am familiar with building standards and procedures applicable

to such construction activity, and
(5) To the best of my knowledge, information and belief such

construction activity has been performed in conformity with all building standards
and procedures.
Date:
Signature:
Typed or printed name:
Electrical, heating and cooling or wrecking contractor license number:
Plumbing contractor registration number, contractor listing number or

registered architect or registered engineer registration number:
Engineer registration number:
If a licensed electrical contractor has properly executed and delivered or

mailed an Electrical Craft Work Certificate of Completion and Compliance
pursuant to § 150.048(B)(2), he shall not be required to file the above certificate
of completion and compliance.
If a registered architect or registered engineer has properly executed and

delivered or mailed an architect's or engineer's certificate of completion and
compliance pursuant to § 150.037, he shall not be required to file the above
certificate of completion and compliance. (Ord. 29-1977, passed 10-17-77)
§ 150.036 MODIFIED CERTIFICATE OF COMPLETION AND COMPLIANCE.
(A) If it is impossible or will (impose a substantial hardship for the
person who applied for the building permit to execute and file a certificate of
completion and compliance, a modified certificate of completion and compliance
omitting the language stating the person signing the certificate obtained the
building permit will be accepted from a person having sufficient knowledge of the
construction activity to allow him to execute the certificate of completion and
compliance, if:
(1) The person executing and filing the modified certificate of

completion and compliance fulfills the requirements imposed by § 150.016 of an
applicant for the type of building permit obtained to allow such construction
activity and
(2) An affidavit is executed and filed along with the modified

certificate of completion and compliance with provides in substance that it is
impossible or will impose a substantial hardship for the person who applied for
the building permit to execute and file a certificate of completion and compliance.
(B) Where a building permit is obtained for a partnership or corporation by

an applicant and a certificate of completion and compliance is not filed because it
would be impossible or impose a substantial hardship for the applicant to execute
and file such certificate, it shall be the responsibility of the partnership or
corporation to cause a modified certificate of completion and compliance to
be executed and filed relative to such construction activity within ten days after
completion of the construction activity.
(Ord. 29-1977, passed 10-17-77)
§ 150.037 ARCHITECT'S, ENGINEER'S CERTIFICATE OF COMPLETION AND
COMPLIANCE.
Within ten days after the completion of construction activity for which a
building permit was issued pursuant to this chapter and for which review and
monitoring of construction activity by an architect or engineer is required by the
Building Commissioner, the architect or engineer who observed the construction
activity accomplished pursuant to the permit shall execute and file an architect's
or engineer's certificate of completion and compliance with the Building
Commissioner in the following form:
ARCHITECT AND ENGINEERS CERTIFICATE

OF COMPLETION AND COMPLIANCE
Address of construction activity:
Permit Number:
The undersigned architect or engineer hereby states under penalties for

perjury that:
(1) I have made reasonable and periodic observation of the

above mentioned construction project to determine whether the work
accomplished is in accordance with the plans and specifications for this project
as released by the Administrative Building Council and whether the work
accomplished is in compliance with building standards promulgated by the
Administrative Building Council and provisions of §§ 150.085 and 150.086 and §
150.105 of the code, with the following exceptions hereafter noted:
(2) I am familiar with such building standards and the provisions

of §§ 150.085 and 150.086 and § 150.105 of the city code applicable to the work
accomplished, and
(3) To the best of my knowledge, information and belief such

work has been accomplished in conformity with such building standards
promulgated by the Indiana Department of Fire and Building Services and the
provisions of §§ 150.085 and 150.086 and § 150.105 of this city code.
Date:
Signature:
Seal
Typed name:
Architect/Engineer
Eng.
Indiana Registration Number:
Address:
Phone Number:
INVESTIGATIONS AND INSPECTIONS
§ 150.045 BUILDING COMMISSIONER TO INVESTIGATE AND INSPECT.
The Building Commissioner or his authorized representative may at any
reasonable time go in, upon, around, or about the premises where any structure
or building equipment subject to the provisions of this chapter or to the rules of
the Indiana Department of Fire and Building Safety, is located (irrespective of
whether a building permit has been or is required to be obtained) for the purpose
of investigation and inspection of such structure or building equipment. Such
investigation and inspection may be made either before or after construction
activity on the project is completed and it may be made for the purposes, among
others, of determining whether the structure or building equipment meets building
standards and procedures, and ascertaining whether the construction activity and
procedures have been accomplished in a manner consistent with a certificate
filed pursuant to § 150.035, 150.036, 150.037 or 150.048(B)(2). Reasonable
efforts to afford an opportunity for investigation and inspection of the structure or
building equipment by the Building Commissioner shall be made by persons
owning property or working on or having control of the construction activity.
(B) However, nothing in this section shall be construed to require the

Building Commissioner to make inspections and investigations.
§ 150.046 PERMITTEE TO GIVE NOTICE OF AVAILABILITY OF INSPECTION.
(A) Whenever a stage of construction activity is reached which is
designated below, the person who applied for the building permit (or if it is
impossible or would impose a substantial hardship for the applicant, the person,
partnership, or corporation which obtained the permit) shall be under a duty to
give appropriate notice to the Building Commissioner that the construction
activity is available for inspection.
(1) Relative to the construction of, remodeling of or addition to a

structure, notice of availability is required, as applicable, for:
(a) A foundation inspection after poles or piers are set,

trenches or basement areas excavated, any required reinforcing steel is in place,
but prior to the placing of concrete and
(b) A frame and masonry inspection after the roof, masonry,
all framing, firestopping, and bracings are in place and all electrical wiring, pipes,
chimneys, and vents are complete, but prior to the interior covering of walls.
(2) Relative to the installation, modernization or replacement of

building equipment (including, but not limited to plumbing work for which
licensure is required by the State Plumbing Commission, or work on electrical
power distribution systems, heating systems, space heating equipment, cooling
systems, or space cooling equipment), notice of availability for a separate rough
inspection is required, as applicable, for each of the three crafts after installation,
but prior to the covering or concealment thereof and before fixtures are set.
(3) Relative to demolition or removal of a structure, notice of

availability for a fill inspection is required (in the instance when a basement or
subgrade chamber exists) after demolition or removal and prior to placing fill.
(4) The Building Commissioner or his authorized representative

may relative to any construction activity add a reasonable number of other
construction stages by communicating the additional stage requirements to the
person obtaining the building permit for that construction activity.
(B) Notice of availability shall be given either by telephone communication

over a specified telephone line in the office of the Building Commissioner (to
which may be attached a recording device to make a record of all information
supplied), by hand-delivered written notice, or by a letter delivered by the United
States postal service.
(Ord. 29-1977, passed 10-17-77)
§ 150.047 CONSTRUCTION ACTIVITY TO BE AVAILABLE FOR INSPECTION.
(A) Whenever a stage of construction activity designated in § 150.046 is
reached, no person shall take any action or accomplish any additional
construction activity which would substantially impede the opportunity of the
Building Commissioner or his authorized representative to inspect that stage of
construction activity for a period of at least 48 hours after notice of the availabil-
ity for inspection has been received during business hours of the Building
Commissioner or until after an inspection is made, whichever first occurs. The
48-hour period shall begin to run upon actual receipt of the notice during
business hours but shall not run during any day when an inspection attempt by a
representative of the Building Commissioner is unsuccessful because the work is
not accessible.
(B) A person, partnership, or corporation may, however, pour a foundation

four hours after notification is received in the office of the Building Commissioner.
If a foundation is so poured, the remainder of the excavation must remain open
for a period of 48 hours from the time when notice is received and the person,
partnership, or corporation must assist an inspector in making the excavation
available for proper inspection.
(Ord. 29-1977, passed 10-17-77; Am. Ord. 4-1996, passed 4-15-96) Penalty, see
§ 150.999
§ 150.048 CONNECTION, PROVISION, OR USE OF ELECTRIC POWER.
(A) No person, partnership, or corporation shall accomplish or allow the
connection, provision, or use of electrical power relative to an electrical power
distribution system in or on a structure where construction activity (for which a
building permit has been or is required to be obtained pursuant to this chapter)
has been accomplished, until after an inspection has been made and a distinctive
sticker (signifying the electrical power distribution system may be used) has been
attached to each service equipment by the Building Commissioner or his
authorized representative. It shall be unlawful for any person other the Building
Commissioner or his authorized representative to use, complete, apply, or alter
such sticker.
(B) As an alternative to division (A) above, the Building Commissioner

may allow the connection, provision, or use of electrical power on the basis of
certification by a person who is a licensed electrical contractor if all of the
following requirements are met:
(1) After the completion of the work and before use of the electrical
power distribution system is initiated, the licensed electrical contractor who
applied for the building permit shall communicate over a specified telephone line
in the office of the Building Commissioner during business hours (to which the
Building Commissioner may attach a recording device to make a record of all
information supplied) the following information:
(a) The name of the person telephoning.
(b) The electrical contractor license number of the person

telephoning.
(c) The address of the affected premises.
(d) The building permit number under which the construction

activity was accomplished.
(e) The serial number of the electrical craft work certificate

of completion and compliance form to be used.
(2) If such information is in order and if the licensed electrical

contractor has accomplished construction activity for a period of the preceding 12
calendar months without violation of building standards or procedures which in
the discretion of the Building Commissioner are of sufficient seriousness to make
the contractor ineligible to use the certificate, the Building Commissioner shall
indicate over the specified telephone line authorization to attach a certificate to
each service equipment and assign an authorization number to be placed on
each certificate by the licensee.
(3) (a) A certificate, in the following form, must then be

executed and attached to each service equipment as a precondition to the
connection, provision, or use of electrical power:
ELECTRICAL CRAFT WORK CERTIFICATE

OF COMPLETION AND COMPLIANCE
Address of the craft work:
Serial Number:
Permit Number:
Authorization Number:
The undersigned licensee hereby certifies under the penalties for perjury
that:
(1) I am an electrical contractor licensed in accordance with

Chapter 150 of the Code of Beech Grove.
(2) I am responsible for the proper completion of the construction

activity which is the subject of the above referenced building permit as applicant
for the permit or applicant representing the transferee of the permit, and
(3) I have either personally accomplished or personally inspected

all such construction activity or, in the alternative, I have caused the construction
activity to be inspected by a responsible and competent employee who works
under my direction and control, who has fully reported to me the condition of the
construction activity, and
(4) I know that such construction activity is completed and in

condition for immediate and final inspection on the date stated below, and
(5) I am familiar with the building standards and procedures

applicable to such construction activity, and
(6) I know that such construction activity has been done in

compliance with all building standards and procedures, and
(7) I acknowledge and understand that if such construction activity

is done in violation of building standards and procedures, that under the
provisions of Chapter 150 my electrical contractor's license may be suspended or
revoked.
Date certificate attached to service equipment
Signature:
Electrical Contractor License Number:
Typed or printed name.
(b) After the signator attaches a certificate to each service

equipment, he shall cause a duplicate copy of each certificate to be either
delivered to the Building Commissioner or postmarked no later than the next
business day by the United States Postal Service.
(4) After completion of the above requirements, the Building

Commissioner will notify the electric utility that electrical power can be connected
and used at the site.
(C) It shall be unlawful for any person, partnership, or corporation to

accomplish the connection, provision, or use of electrical power relative to an
electrical power distribution system without first receiving authorization from the
Building Commissioner either by telephone communication and attachment of an
electrical craft work certificate of completion and compliance or by the distinctive
sticker described in division (A) hereof.
(D) Nothing stated in this section shall be construed to deny the right of
the Building Commissioner to inspect the electrical power distribution system to
which electrical power is connected either before or after such connection is
made or before or after the electrical power distribution system is used.
(E) Electrical craft work certificates of completion and compliance may be

purchased only by a licensed electrical contractor who is eligible to use such
form from the Building Commissioner acting on behalf of the Clerk-Treasurer, for
a fee specified in §§ 150.065 through 150.077 of this chapter. Each certificate
form shall bear a different serialized number which shall be recorded by the
Building Commissioner along with the name and license number of the electrical
contractor who purchases the form. The certificate may only be signed and
attached by the licensed electrical contractor who purchased it from Building
Commissioner. It shall be unlawful to sell or transfer such certificate and unlawful
to use, complete, sign, or attach such certificate except as prescribed by this
section.
INSPECTIONS OF EXISTING AND SPECIAL STRUCTURES
§ 150.055 AUTHORITY TO INSPECT PUBLIC BUILDINGS.
The Building Commissioner or his authorized representative may inspect
public school buildings, public assembly halls, churches, theatres, grandstands,
buildings used for manufacturing or commercial purposes, hotels, motels,
apartment houses, hospitals, nursing homes, buildings used for entertainment or
for amusement, and all other structures which are used, occupied, or frequented
by large numbers of people for the purpose of determining whether such
structures and the building equipment related to such structures are safe and
comply with the applicable building standards and procedures.
(Ord. 29-1977, passed 10-17-77)
§ 150.056 INSPECTION OF DANGEROUS STRUCTURES.
The Building Commissioner or his authorized representative may inspect
any structure or building equipment reported or appearing to be defective,
dangerous, or damaged by fire, casualty, or vandalism for the purpose of
determining whether such structure or building equipment is safe and complies
with applicable building standards and procedures.
(Ord. 29-1977, passed 10-17-77)
Cross-reference:
Unsafe buildings, see §§ 150.270 through 150.276
§ 150.057 INSPECTION OF SPECIAL STRUCTURES.
(A) Before any tent enclosing more than 1,500 square feet, air-
supported structure enclosing more than 1,500 square feet or amusement
device upon which persons are conveyed is used, such structure shall be
inspected by the Building Commissioner, his authorized representative, or the
Beech Grove Fire Department. In the case of such tents and air-supported
structures the inspection shall be for the purpose of determining whether the
structure is safe and complies with building standards and procedures and in the
case of such amusement devices the inspection shall be for the purpose of
determining whether the structure used electricity in a safe manner and complies
with building standards and procedures relating to safe use of electricity. If such
tent, air-supported structure, or amusement device remains in place for a period
longer than 12 calendar months it shall be inspected annually during the month
when originally inspected. In addition to the original and the annual inspection,
an inspection (for which no charge shall be made) may be made at any
reasonable time. Such structure shall not be used unless approved on the basis
of the most recent inspection of the Building Commissioner or his authorized
representative.
(B) A fee specified by §§ 150.065 through 150.077, shall be paid for the
original inspection and each annual re-inspection by the owner or operator of
such structure, except that if it is necessary to obtain a building permit for the
structure, payment of the original inspection fee is not required.
§ 150.058 INSPECTION OF PREMISES ON WHICH MUNICIPALLY LICENSED
ACTIVITIES TO BE CARRIED OUT.
At the request of the Clerk-Treasurer, the Building Commissioner or his
authorized representative may inspect the structure and building equipment on
any premises which are being used or may be used in connection with a
business operation licensed pursuant to this chapter. Such inspection shall be
made for the purpose of determining whether such structure and building
equipment are safe and comply with applicable building standards and
procedures. A fee specified by §§ 150.065 through 150.077, shall be paid for the
original inspection and each annual re-inspection by the person, partnership or
corporation which made application with the Clerk-Treasurer for licensure of such
business operation.
(Ord. 29-1977, passed 10-17-77)
FEES
§ 150.065 PAYMENT OF FEES.
Fees required for activities regulated by this chapter shall be collected by
the Clerk-Treasurer. They are specified in the following sections. All fees shall
be rounded to the nearest whole dollar after computation. Floor area shall be
determined on the basis of exterior dimensions.
§ 150.066 FEES FOR CONSTRUCTION PLACEMENT OR ADDITIONS TO
STRUCTURES.
(A) One- or two-family residential structures.
(1) A one- or two-family dwelling structure.
(a) Minimum fee, $100.
(b) General rate, $0.03 per square foot of gross floor area,
which shall include the area and attached garage or carport and the area of a
finished basement and attic, and unfinished basement.
(2) Accessory structures appurtenant to a one- or two-family

dwelling structure.
(a) Minimum fee, $40.
(b) General rate, $0.03 per square foot of gross floor area.
(B) Structures other than one- or two-family residential structures.
(1) Minimum fee, $150.00.
(2) General rate, $0.03 per square foot of gross floor area, each
floor.
(C) Accessory structures appurtenant to other structures as defined by
division (B) above (i.e., Accessory to structures other than one- or two-family
dwelling structures).
(1) Minimum fee, $50.
(2) General rate, $0.03 per square foot of gross floor area, each
floor or portion thereof.
1996, passed 4-15-96)
§ 150.067 FEES FOR REMODELING, ALTERATION, OR REPAIR.
(A) One- or two-family residential structures.
(2) General rate, $6 per $1,000 of total value of construction.
(B)Structure other than one- or two-family residential structures:
(2)General rate, $6 per $1,000 of total value of construction.

1996, passed 4-15-96)
§ 150.068 PLUMBING FEES.
(A) Installation of a plumbing system in a new structure.
(1) Minimum fee.
(a) One- or two-family residential structure, $30.
(b) Structures other than one- or two-family residential

structures, $40.
(2) General rate, 15% of the fee for the building permit as provided
for in §150.066 which has been obtained for the new structure.
(B) Alteration, addition, repair, or replacement of plumbing in an existing

structure.
(1) Minimum fee.

structures, $30.
(2) General rate, $6 per $1,000 of total value.
(C) Initial connection of water supply, gas supply, or sewer to an

industrialized building system (except for mobile homes not placed on a
permanent foundation located in a mobile home park licensed pursuant to IC 16-
41-27-18 by the State Board of Health), or to an existing structure or a structure
which has been removed from one location and is being placed at another
location, $30.
1996, passed 4-15-96)
§ 150.069 ELECTRICAL FEES.
(A) Installation of an electrical power distribution system in a new
structure:
(1) Minimum fee:

structures, $40.
(2) General rate, 20% of the fee for the building permit, as
provided for in § 150.066, which has been obtained for the new structure.
(B) Repair, alteration, or remodeling of an electrical power distribution

system in an existing structure:
(1) Minimum fee:

structures, $40.
(2) General rate, $6 per $1,000 total value.
(C) (1) Initial connection or reconnection of electrical power to an

industrialized building system (except for mobile homes not placed on a
permanent foundation located in a mobile home park licensed pursuant to IC 16-
41-27-18 by the State Board of Health) or to an existing structure or a structure
which has been removed from one location to another, $40.
(2) Fee for temporary service: $10.

(Ord. 29-1977, passed 10-17-77; Am. Ord. 2-l989, passed 5-15-89; Am. Ord. 5-
1995, passed 11-6-95)
§ 150.070 HEATING, COOLING, AND REFRIGERATION FEES.
(A) Installation of heating system or space heating equipment, or
cooling system or space cooling equipment.
(1) One- or two-family residential structure, $35.
(2) Structures other than one- or two-family residential

structures, $40.
(B) Replacement of or addition to an existing heating system or space

heating equipment or cooling system or space cooling equipment.
(1) One- or two-family residential structure, $25.
(2) Structures other than one- or two-family residential

structures, $40.
(C) General rate: $.25 per each 1,000 BTUH of output capacity up to
first 600,000 BTUH and $.10 (10%) of combined per each additional 1,000
BTUH. One ton equals 12,000 BTUH.
(D) Installation of combined heating and cooling systems.
(1) Minimum fee:
(a) One- or two-family residential structures, $45.

structures, $60.
(E) Replacement of or addition to an existing combined heating and

cooling system.
(1) Minimum fee:

structure, $60.
(F) Installation of refrigeration equipment.
(1) Minimum fee: $45.
(2) General rate: $3 per horsepower or fraction thereof.

(G) Alteration or repair of refrigeration equipment.
(1) Minimum fee: $35.
(2) General rate: $6 per $1,000 of total value.

(Ord. 29-1977, passed 10-17-77; Am. Ord. 2-l989, passed 5-15-89; Am. Ord. 5-
1995, passed 11-6-95)
§ 150.071 FEES FOR DEMOLITION, REMOVAL.
(A) One- or two-family dwelling structure.
(1) One story, $40.
(2) One and one half story, $45.
(3) Two story, $50.
(4) For each story over two stories, add $10.
(B) Accessory structure appurtenant to a one- or two-family residential

structure, $25.
(C) Structures other than one- or two-family dwelling structure.
(1) One story.
(a) Ground floor area up to 2,000 square feet, $35.
(b) Ground floor area up to 4,000 square feet, $75.
(c) Ground floor area up to 10,000 square feet, $125.
(d) Ground floor area up to 20,000 square feet, $200.
(e) Ground floor area over 20,000 square feet, $300.
(2) For each additional story add 50% of ground floor fee.
(Ord. 29-l977, passed 10-17-77; Am. Ord. 2-l989, passed 5-15-89; Am. Ord. 4-
1996, passed 4-15-96)
§ 150.072 LISTING, REGISTRATION AND LICENSE FEES.
(A) Contractor's annual listing fee, $30.
(B) Plumbing contractor's annual license fee, $25.
(C) Electrical contractor's annual license fee, $25.
(D) Heating and cooling contractor's annual license fee, $25.

(E) Wrecking contractor's annual license fee, $25.
(F) A person who meets the inspector status requirements stated in §

150.181 is relieved of the requirement of annual license.
1996, passed 4-15-96)
§ 150.073 EXAMINATION FEES.
Fees for examinations which are required as a condition to contractor
licensing shall be in the amounts following, or be in the amount established as
the actual cost incurred by the Building Inspector in having an outside
organization prepare and grade such examinations, whichever amount shall be
greater.
(A) Minimum electrical examination fee, $150.
(B) Minimum heating and cooling examination fee, $150.
(C) Minimum wrecking examination fee, $150.

§ 150.074 CERTAIN INSPECTION FEES.
(A) For inspection of premises upon which municipally licensed activities
are to be carried out, as specified in § 150.058, initial inspection and annual
reinspection, $35.
(B) Tents and air-supported structures, initial and annual reinspection.
(1) 1,500 to 4,000 square feet, $35.
(2) Over 4,000 square feet, $60.
(C) Amusement devices, initial inspection and annual reinspection, $15

per device.
§ 150.075 FEE FOR TRANSFER OF BUILDING PERMIT.
The fee for the transfer of a building permit as provided for in § 150.023 is
$15.
(Ord. 29-1977, passed 10-17-77)
§ 150.076 FEE FOR OTHER CONSTRUCTION ACTIVITY.
If construction activity should not be adequately specified by the above
sections of this subchapter, the general permit or inspection fee shall be
calculated at the following rate.
(A) Minimum fee, $50.
(B) General rate, $6 per $1,000 of total value.

1996, passed 4-15-96)
§ 150.077 FEE EXEMPTIONS.
All governmental units are required to obtain permits for construction
activity in the city as specified by § 150.015 and to allow the inspections as
specified by this chapter relative to such construction activity. Fees shall be
required as specified in this subchapter except for the following:
(A) Construction activity for which a fee cannot be charged by the

municipality because of federal or state law.
(B) Construction activity accomplished by an employee of the city in the

course of his governmental duties.
(Ord. 29-1977, passed 10-17-77)
MINIMUM CONSTRUCTION STANDARDS
§ 150.085 MINIMUM STANDARDS FOR CONSTRUCTION NOT REGULATED
BY THE ADMINISTRATIVE BUILDING COUNCIL.
Any construction activity for which rules or standards not fixed by the
Indiana Department of Fire and Building Services pursuant to 675 IAC 12,
amended, shall be regulated by the most recently fixed set of rules or standards
of the Indiana Department of Fire and Building Services which are most
reasonably applicable to that kind of structure or building equipment. The
determination of what set of rules or standards are applicable shall be made by
the Building Commissioner taking into account the size, method of construction,
nature of materials, and ultimate use of the structure or building equipment.
§ 150.086 REQUIRED INSTALLATION OF FOOD WASTE DISPOSER.
An electrically driven grinder capable of reducing garbage so that it can be
accommodated by the sewage facilities of the City Sanitation Department shall
be installed in the following dwelling units, if such dwelling has in place or
available to it a connection to the sewage facilities of the City Sanitary
Department:
(A) Every newly constructed dwelling unit containing a kitchen.
(B) Every dwelling unit in which a kitchen is added.
(C) Every dwelling unit where construction activity of a value in excess of

$2,000, for which a building permit is required, is accomplished on a kitchen.
(D) Every dwelling unit where construction activity of a value in excess of

$500, for which a building permit is required, is accomplished on the plumbing
system of a kitchen.
CONDITION OF PREMISES
DURING CONSTRUCTION ACTIVITY
§ 150.095 PUBLIC PROPERTY; WALKWAYS; DUST CONTROL.
Any person, partnership, or corporation carrying out construction activity
shall comply with the following requirements:
(A) The use of public property shall meet the requirements of the
governmental unit having jurisdiction. Building equipment and materials shall not
be placed or stored on public property so as to obstruct free and convenient
access to and functioning of any fire hydrant, fire
or police call box, utility device, manhole, street, alley, or gutter. A protective
frame shall be provided for any fire hydrant, fire or police call box, or utility device
which might be
damaged by construction activity. Bridges or covers shall be provided for
sidewalks and manholes which might be damaged by construction activity.
(B) (1) A walkway shall be constructed and maintained on the sidewalk

and alley around the site of construction activity involving the erection,
construction, major alteration,
or razing of any structure (except signs, grandstands, tents, air-supported
structures, and amusement devices upon which persons are conveyed) which
has an initial or ultimate height in excess of 15 feet and which is located (or any
part of an excavation more than eight feet in depth relative to such construction
activity is located) within 20 feet of the lot line, sidewalk, or street (whichever is
closer to such structure or excavation). However, the Building Commissioner has
the discretion to waive the requirement of placing the walkway on a showing that
omission of the walkway will not significantly increase the possibility of injury to
person or damage o property as a result of the construction activity on the site.
(2) The walkway may be placed further from the site on a sidewalk or
within a street or alley if the governmental unit having jurisdiction gives
appropriate authorization.
(3) Such walkway shall be equipped with suitable lighting devices and
illumination shall be provided for the walkway at all times.
(4) Such walkway shall at all times be maintained in a clean and sanitary
condition and shall be kept free from rubbish, litter, and advertising display and
shall be provided with suitable solid inclined approaches.
(5) Such walkway shall be not less than four feet in width and shall have a
durable wearing surface capable of supporting a live load of 200 pounds per
square foot, shall be provided with a fence along the construction side, a railing
along the street side and a full roof above, so as to afford maximum protection to
pedestrians. The protective fence shall be no less than eight feet high above the
ground and be constructed from 3/4-inch boards or
plywood laid tightly together and securely fastened to four inch uprights, set not
over four feet apart, with two inch by six inch bracing and girts. The posts shall
be securely set and braced to
prevent buckling and overturning. Openings in the fence shall be protected by
doors which arenormally kept closed. The protective railings shall be
substantially built and when of wood
shall be constructed of new material having a nominal size of at least two inches
by four inches. Railings shall be at least four feet in height and when adjacent to
the excavation shall be provided with a mid-rail. The protective roof shall have a
clear height of eight feet above the sidewalk. The roof shall be tightly sheathed.
The sheathing shall be two inch nominal wood planking or equal. Such
walkways shall be maintained in place and kept in good condition for the length
of time construction activity continues, after which it shall be removed within 30
days.
(C) Emission of excessive dust or particulant matter shall not occur in the
course of construction activity. A sufficient supply of water shall be available at
the site of construction activity in case it may be needed to put out a small fire or
settle dust.
§ 150.096 CONDITIONS FOR REMOVING STRUCTURES.
Any person, partnership, or corporation carrying out construction activity
limited to demolishing, dismantling, dismembering, razing, or removing a
structure shall in addition to requirements of § 150.095 comply with the following
requirements:
(A) The Building Commissioner or his authorized representative may, if

reasonably necessary to insure public safety, require the licensed wrecking
contractor to submit plans and a complete schedule for demolition. Where such
are required, no work shall be accomplished until such plans and schedules are
approved by the Building Commissioner or his authorized representative.
(B) Blasting and use of explosives shall be accomplished only by a

person who has obtained a blasting permit pursuant to Chapter 93, and by
special permission of and under the supervision of the Building Commissioner,
the Fire Prevention Bureau of the appropriate jurisdiction, and the Division of Air
Pollution Control.
(C) No open fires or other sources of flame except necessary cutting

torches are permitted on the inside of the structure which is being wrecked, or in
close proximity to flammable materials located outside the structure, and every
reasonable precaution shall be taken to prevent the possibility of fire.
(D) Suitable provisions shall be made for the disposal of materials which
are accumulated during the wrecking of a structure.
(E) The buildings, foundations, curbs, sidewalks, concrete or asphalt
drives, and all appurtenances shall be removed to one foot below the ground line
or one foot below subgrade elevation, whichever of the two is lower. Such
removal shall also included the removal and disposal of buried or exposed tanks.
Concrete slabs, under which a basement, pit, well, or cistern exists, shall be
broken and removed.
(F) All rubbish and debris including any goods, merchandise,

commodities, products, or materials of any kind which may have been stored
within the structure being wrecked or on the property shall be removed or
cleaned away, the ground leveled off, and the premises put in clean and sanitary
condition; provided, however, that if the property is properly fenced and the
erection of a new structure is to be commenced within 90 days, the ground need
not be leveled until all such work on the premises is completed.
(G) Material used for fill or grading shall be only material that can be
properly compacted in order to avoid future settlement of earth fill-in or the
structure erected over such fill. No pieces of stone, lumber, boards, or other
material which due to their size or character would prevent proper compacture or
would cause later settlement of the surface shall be used in such fill.
(H) When a structure is wrecked and an excavation which at any point is

eight or more feet below grade level is left unfilled, the fence portion of the
walkway required by § 150.095(B) shall remain at the site. However, the Building
Commissioner may approve a fence that does not meet the standards of §
150.095 (B) so long as it is sufficient to prevent persons, especially children, from
falling into the excavation.
§ 150.097 ELECTRICAL POWER FOR ON-SITE CONSTRUCTION.
(A) No person, partnership, or corporation shall accomplish or allow the
connection, provision, or use of electrical power for on-site construction activity
until after a statement of acceptable condition for temporary on-site electrical
power has been attached to the temporary service equipment. Such statement
shall be in the following form:
STATEMENT OF ACCEPTABLE CONDITION FOR

TEMPORARY ON-SITE ELECTRICAL POWER
Address of temporary service equipment:
The undersigned licensee hereby certifies under penalties for perjury that:
1. I am an electrical contractor licensed in accordance with

Chapter 150 of the Code of the City of Beech Grove, and
2. I have either personally accomplished or personally
inspected all the above referenced electrical work accomplished in connection
with the installation of the temporary service equipment, or in the alternative, I
have caused such electrical work to be inspected by a responsible and
competent employee who works under my direction and control, who has fully
reported to me the condition of such electrical work, and
3. I am familiar with building standards and procedures

applicable to electrical work accomplished in connection with the installation of
temporary service equipment, and
4. I know that such electrical work has been done in

compliance with all building standards and procedures, and
5. I acknowledge and understand that if such electrical work

is done in violation of building standards and procedures, that under the
provisions of Chapter 150 my electrical contractor's license may be suspended or
revoked.
Date statement attached to temporary service equipment.
Signature:
Electrical Contractor License Number:
Typed or printed name:
(B) The provision and use of electrical power for on-site construction
activity shall be subject to reasonable orders made by the Building Commissioner
or his authorized representative pertaining to such matters as magnitude,
duration, and method of furnishing and distributing electrical power.
§ 150.098 TEMPORARY SIGN AT SITE OF CONSTRUCTION.
At any location where a structure, not part of or attached to any other
structure, is being erected in the city, the person obtaining the building permit for
that structure shall be responsible for placing and maintaining a temporary sign
on the premises during construction. The sign shall state the name and address
of the premises as reflected in the building permit and all building permit numbers
pertaining to the construction activity accomplished on the premises shall be
placed on the sign. The address information on the sign shall be clearly visible
from the street. The sign required by this section shall conform to all zoning
requirements.
CONTRACTORS AND SKILLED TRADES
§ 150.110 CONTRACTORS TO BE LISTED, REGISTERED.
(A) Any person, partnership, or corporation which has entered into a
contractual relationship to engage in any construction activity with another
person, partnership, or corporation which holds a property interest in real estate
on which construction activity is occurring must be a listed contractor under this
subchapter. This requirement shall not apply, however, with reference to
persons, partnerships, or corporations which are described in § 150.016(B), (D),
or (E) and whose construction activity is confined to the activities described in
those divisions.
(B) Registry of listings. The Clerk-Treasurer, acting on behalf of the

Building Commissioner, shall maintain a registry of all persons, partnerships, and
corporations which apply for listing and all persons, partnerships, and
corporations which receive approval as a listed contractor.
§ 150.111 QUALIFICATIONS.
(A) A person, partnership, or corporation shall be entitled to receive a
listing as a contractor if the following requirements are met:
(1) An application form indicating the name, address, and legal

business status of the contractor has been submitted to the Building
Commissioner.
(2) The listing fee specified in § 150.072 has been paid.
(3) A surety bond meeting the requirements of § 150.113 has

been posted and certificates of insurance meeting the requirements of § 150.114
have been submitted, unless these requirements are relieved because a person
meets the inspector status requirements stated in § 150.112.
(4) The person, partnership, or corporation does not presently

have a listing issued under this division currently suspended nor has it had such
a listing revoked within a period of the preceding 365 days.
(5) The partnership does not presently have a partner or the

corporation does not presently have an officer who has a listing under this
subchapter currently suspended or who has had such a listing revoked within the
preceding 365 days.

corporation does not presently have an officer who, within the preceding 365
days, served as a partner in a partnership or an officer in a corporation listed
under this subchapter at the time when actions related to policies or practices of
the partnership or corporation occurred which provided a primary basis on which
the listing of the partnership or corporation was revoked or suspended for more
than 180 days.
(B) Unless these requirements are met a person, partnership, or
corporation shall not be entitled to receive a listing as a contractor. No
prerequisites other than the six listed in this section shall be imposed in
determining which persons, partnerships, or corporations may be listed
contractors.
(Ord. 29-1977, passed 10-17-77)
§ 150.112 REQUIREMENTS FOR INSPECTOR STATUS.
The inspector status is met by a person who is employed by the Building
Commissioner in a position in which he makes or supervises the making of
inspections to determine compliance with building standards and procedures,
provisions of this subchapter. Such a person shall not use his listing other than
with respect to his employment by the city. Licensure under this section
terminates by operation of law when the person is no longer employed by the
Building Commissioner and does not meet the requirements of §§ 150.113 and
150.114.
(Ord. 29-1977, passed 10-17-77)
§ 150.113 BOND.
Before a listing is issued by the Building Commissioner to any person,
partnership, or corporation, the Building Commissioner shall require the applicant
to file a surety bond for general contractors in the amount of $10,000, for
electrical contractors in the amount of $5,000, and for mechanical contractors
(HVAC and plumbing) in the amount of $5,000. The bond shall be maintained in
full force and effect for one full calendar year, and shall be:
(A) Issued by a surety authorized to do business in the state.
(B) Payable to the city and an unknown third party as obligees.
(C) Conditioned upon:
(1) The proper performance of all construction activity in

accordance with building standards and procedures.
(2) Prompt payment of all fees owed the city as set forth in this
chapter.
(3) Prompt payment of any loss, damage, expense, claim,

demand, or judgment for damages to property of the city caused by any action,
negligent or otherwise, of the contractor, his agents, or employees while engaged
in any construction activity.
(A) Insurance requirements are met if the person, partnership or
corporation secures insurance covering all construction activity accomplished by
the listed contractor or under permits obtained by the listed contractor and which
runs for one calendar year and thereafter maintains such insurance in full force
and effect for each listing period:
(1) A public liability and property damage insurance policy

naming the listed contractor and the city as the assured, and providing also for
the payment of any liability imposed by law on such listed contractor or the city in
minimum amounts of $300,000 for any occurrence relative to which there is injury
or death to one or more persons, and $100,000 for any occurrence relative to
which there is damage to property. A certificate of such policy shall be delivered
to the Building Commissioner.
(2) Workmen's compensation insurance covering the personnel

employed wherever construction is accomplished by the listed contractor or on
projects for which the listed contractor obtained permits. A certificate of such
insurance shall be delivered to the Building Commissioner.
(B) The Building Commissioner may, however, grant relief from the
time period requirements of this section by allowing a person, partnership, or
corporation to secure insurance which does not run for one full calendar year.
§ 150.115 APPROVAL FOR LISTING.
Approval of a person, partnership, or corporation as a listed contractor
shall be by the Building Commissioner. Upon receipt of such approval the Clerk-
Treasurer shall issue the listing. The listing shall be for a one year period
between January 1 and December 31 of the same year, or for the remainder
thereof, whichever time period is shorter. No listing shall be issued by the Clerk-
Treasurer to any person, partnership, or corporation except as provided in this
subchapter.
§ 150.116 LISTING NOT TRANSFERABLE.
No listing issued under the provisions of this subchapter shall be
assignable or transferable.
§ 150.117 SUSPENSION OR REVOCATION OF LISTING.
(A) The Building Commissioner may, pursuant to § 150.118, suspend
the listing of a person for a period up to 365 days or revoke the listing of a person
if one of the following is shown:
(1) The listed contractor made any materially false statement of

fact on his application for listing;
(2) The listing contractor failed to post and maintain the surety
bond and insurance required by § 150.113 and 150.114;
(3) The listed contractor acted fraudulently or with deceit in his
relationship with other persons, partnerships, or corporations with regard to
construction activity for which listing is required;
(4) Construction activity, for which listing is required and for

which the listed contractor was responsible as obtainer or transferee of the
permit, was performed either incompetently or in such manner that it does not
meet standards of reasonable workmanship or compliance with building
standards and procedures;
(5) The listed contractor failed to correct a violation of building

standards and procedures relative to construction activity for which the listed
contractor was responsible as obtainer or transferee of the permit after the
Building Commissioner issued a notice of building code violation, revoked a
building permit, or issued a stop-work order and violations causing any of these
actions remained uncorrected for a period of ten days from the date of issuance
of the building code violation, revocation of permit, or stop-work order, or in the
instance where a period of ten days was not sufficient such longer period of time
as was fixed by the Building Commissioner in writing.
(6) The listed contractor has consistently failed to apply for or

obtain required permits for construction activity accomplished by the listed
contractor or under his supervision;
(7) The listed contractor has consistently failed to timely file

certificates of completion and compliance for construction activity accomplished
pursuant to his listing;
(8) The listed contractor has consistently failed to give notice of

availability for inspection at designated stages of construction activity as required
by § 150.046;
(9) The listed contractor has attempted to conceal violations of

building standards and procedures;
(10) The contractor listed under § 150.112 is not employed by the

Building Commissioner and has not met the requirements of § 150.111;
(11) The listed contractor has not properly paid the fee specified by
§ 150.072 for a listing which has been issued, or is delinquent in other fees owed
pursuant to this chapter.
(B) The Building Commissioner may suspend the listing of a

partnership or corporation for a period of up to 365 days or revoke the listing of a
partnership or corporation if one of the following is shown:
A materially false statement of fact was placed on the listed
contractor's application for listing by an agent of the listed contractor;
(2) The listed contractor failed to post and maintain the surety
bond and insurance required by 150.113 and 150.114;
(3) Agents of the listed contractor acted fraudulently or with

deceit in its relationship with other persons, partnerships, or corporations with
which it dealt in connection with construction activity for which listing is required
under this chapter;
(4) Construction activity for which the listed contractor was

responsible as obtainer or a transferee of the permit was performed either
incompetently or in such manner that it does not meet standards of reasonable
workmanship in compliance with building standards and procedures;
(5) The listed contractor failed to correct a violation of building

standards and procedures relative to construction activity for which the listed
contractor was responsible as obtainer or transferee of the permit after the
Building Commissioner issued a notice of building code violation, revoked a
building permit or issued a stop-work order, and the violations causing any of
these actions remained uncorrected for a period of ten days from the date of
issuance of the building code violation, revocation of permit, or stop-work order,
or in the instance where a period of ten days was not sufficient such longer
period of time as was fixed by the Building Commissioner.
(6) The listed contractor has consistently failed to apply for and
obtain required permits for construction activity accomplished by the listed
contractor;
(7) The listed contractor has consistently failed to give notice of

availability for inspection at designated stages of construction activity as required
by § 150.046;
(8) The listed contractor has consistently failed to timely file

certificates of completion and compliance as required for construction activity
accomplished pursuant to his listing;
The listed contractor has not properly paid the fee specified
by § 150.072 for a listing which has been issued;
(10) The partnership presently has a partner or the corporation

presently has an officer who has a listing under this division currently suspended
or who has had such a listing revoked within the preceding 365 days;
presently has an officer who within the preceding 365 days served as a partner in
a partnership or an officer in a corporation listed under this subchapter at the
time when actions related to policies or practices of the partnership or
corporation provided a primary basis on which the listing of the partnership or
corporation was revoked or suspended for more than 180 days;
(12) The listed contractor has attempted to conceal violations of

building standards and procedures. (Ord. 29-1977, passed 10-17-77; Am. Ord. 4-
1996, passed 4-15-96)
§ 150.118 HEARING AND APPEAL.
(A) The date and place for a revocation or suspension hearing shall be
fixed by the Building Commissioner. At least ten days before such date a written
copy of the charges, prepared by the Building Commissioner, and notice of the
time and place of the hearing thereon shall be served upon the listed contractor,
either by hand delivery to the charged listed person or to the partner of a charged
listed partnership or officer of a charged listed corporation, or by certified mail
with return receipt addressed to the listed contractor at its main place of
business, as shown by the listed contractor's application for listing. The ten or
more days shall run from the date such notice is mailed as shown by the
postmark thereon.
(B) The listed contractor may appear in person or by counsel, produce

evidence (including testimonial and documentary evidence), make argument, and
cross-examine witnesses at such hearing. The Building Commissioner shall
have the same right. The Building Commissioner may cause or allow any other
relevant evidence to be introduced. On the basis of the evidence presented at
the hearing, the Building Commissioner shall make findings and enter an order in
accordance with such findings, which shall not become effective until ten days
after notice and a copy thereof has been served upon the listed contractor in the
same manner as required for notice of hearing.
(C) On or before ten days after service of the order, the listed
contractor may appeal therefrom to the Mayor by serving a notice of appeal upon
the Mayor either in person or by filing it at his office, a copy thereof delivered to
the Building Commissioner at his office. Unless such appeal is so taken, the
order of the Building Commissioner shall be final.
(D) If so appealed, the order of the Building Commissioner shall be

stayed until the appeal is heard and determined by the Mayor under the
procedure prescribed by statute for hearings on the suspension or revocation of
licenses. The Mayor shall thereupon render such decision as he finds justified
and sustained by the evidence, either affirming, reversing, or modifying the terms
of the order of the Building Commissioner. The Mayor's order shall be final and
conclusive and be binding upon both the listed contractor and the Building
Commissioner.
(Ord. 29-1977, passed 10-17-77)
§ 150.119 IMPROPER DISPLAY OF LISTING.
It shall be unlawful for any person, partnership, or corporation
accomplishing construction activity to use the word listed in connection with its
business if such person, partnership, or corporation is not a listed contractor.
Such person, partnership, or corporation shall not, for example, use the word
listed on any display used for advertising or identification or on any of its
business forms.
(Ord. 29-1977, passed 10-17-77)
ELECTRICAL CONTRACTORS
(A) (1) Licensure as an electrical contractor is required to accomplish
construction activity and to install, modernize, replace, service, or repair all or
any part of an electrical power distribution system. An electrical contractor shall
also be entitled to install, modernize, replace, service, or repair space heating
equipment or space cooling equipment using electricity as its primary source of
energy, excluding work on any refrigerant cycle.
(2) Construction activity which this division allows licensed

electrical contractors to carry out is hereafter referred to in this subchapter as
electrical work.
(3) A person not licensed under this subchapter who is

employed by a licensed electrical contractor may, however, accomplish electrical
work while working under the direction of a person who is a licensed electrical
contractor, but shall not otherwise enter into or offer to enter into a contractual
relationship to engage in electrical work.
(4) A person not licensed under this subchapter may, however,

accomplish electrical work in carrying out ordinary maintenance and repair if
such work is accomplished by the person in the regular course of his sole, full-
time employment by the owner of the premises where such ordinary
maintenance and repair occurs.
(B) There shall be only one type of license approved by the Building
Commissioner pursuant to this subchapter. (Ord. 29-1977, passed 10-17-77)
§ 150.126 ELECTRICAL EXAMINER.
The Building Commissioner shall be responsible for carrying out the
provisions of this subchapter relative to licensure of electrical contractors.
(Ord. 29-1977, passed 10-17-77)
§ 150.127 REGISTER FOR APPLICATIONS.
The Clerk-Treasurer acting on behalf of the Building Commissioner shall
maintain a register of all persons, partnerships, and corporations which apply for
licensure and persons who apply for renewal of licensure under this subchapter.
(A) If the applicant is a person the register shall show the date of the
application, the name of the applicant, the age, education, years of experience,
and other qualifications of the applicant, the addresses of the places of business
and the residence of the applicant, whether the application is for an initial license
or renewal of a license and whether the application was rejected or approved and
the date of such action.
(B) If the applicant is a partnership the register shall show the date of
application, the name of the partnership, the addresses of its places of business,
names of all partners and their respective residential address and whether the
application was rejected or approved and the date of such action.
(C) If the applicant is a corporation the register shall show the date of
application, the name of the corporation, state of incorporation, addresses of its
places of business, names of all officers, and their respective residential
addresses and whether the application was rejected or approved and the date of
such action.
(A) A person shall be entitled to receive a license as an electrical
contractor (either initially or by renewal of a license) if the following requirements
are met:
(1) The person:
(a) Meets the written examination requirement stated in §

150.129, and the experience requirement stated in § 150.130.
(b) Meets the equivalent examination requirement stated in

§ 150.131 and the experience requirement stated in § 150.130.
(c) Meets the eligibility for renewal requirement stated in

§ 150.132.
(2) The person does not presently have a license issued under
this division suspended nor has he had such license revoked within a period of
the preceding 730 days.
(3) The Building Commissioner has not, within the preceding

365 days, determined in accordance with § 150.141(A) that the person is not
eligible for license renewal.
(4) The person has submitted an acceptable bond and

certificates of insurance as required by §§ 150.133 and 150.137 unless the
requirement is relieved because such person either meets the partnership or
corporate agent status requirement stated in § 150.133 or such person meets the
inspector status requirement stated in § 150.134.
(5) The person has paid the fee specified by § 150.072.
(B) Unless these requirements are met a person shall not be entitled to
an electrical contractor's license.
(Ord. 29-1977, passed 10-17-77)
§ 150.129 WRITTEN EXAMINATION.
The written examination requirement of § 150.128(A)(1) is met by a
person who demonstrates his understanding of the following subject matter areas
by attaining a score of at least 70% on a written examination administered by the
Building Commissioner relative to electrical work for which such license is
required:
(A) General knowledge of the provisions of this chapter and other

ordinances of the city.
(B) General knowledge of the rules and regulations of the Indiana

Department of Fire and Building Services, state and federal agencies applicable
in the city.
(C) Expert knowledge about the proper, practical, and safe methods of
accomplishing electrical work.
§ 150.130 EXPERIENCE.
The experience requirement is met by a person who has had at least a
total of six years experience, two of which may be educational and four of which
must be practical work experience, all pertaining to electrical power distribution
systems.
(Ord. 29-1977, passed 10-17-77)
§ 150.131 EQUIVALENT EXAMINATION.
The equivalent examination is met by a person who demonstrates, either
orally or in writing, to the satisfaction of the Building Commissioner his familiarity
with this chapter and presents evidence that is satisfactory to the Building
Commissioner at one of the Building Commissioner's meetings that he currently
practices the craft of an electrical contractor and that he is presently licensed in
good standing as a result of his successfully completing an examination
administered by a licensure board for another state or another municipality which
was then the equivalent in scope of subject matter and difficulty as the
examination presently administered by the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
§ 150.132 ELIGIBILITY FOR LICENSE RENEWAL.
The eligibility for renewal requirement of § 150.128(A)(1) is met by a
person who:
(A) Has held an unrevoked license under this subchapter within the
preceding 730 days.
(B) Has held an unrevoked license under this subchapter within the
preceding 1460 days and demonstrates to the satisfaction of the Building
Commissioner that during the last two years of that period the person has been
actively engaged in the city or elsewhere in construction activity pertaining to
electrical power distribution systems.
(Ord. 29-1977, passed 10-17-77)
§ 150.133 PARTNERSHIP OR CORPORATE AGENT STATUS.
(A) The partnership or corporate agent status requirement of §
150.128(A)(4) is met by the person who:
(1) Is a partner of a partnership or an officer of a corporation which is

licensed under this subchapter.
(2) Does not make any use of his license as an electrical contractor
other than as agent of the partnership or corporation.
(B) Whenever such person has occasion to enter into a transaction or

take action for which license under this subchapter is required he shall clearly
state the fact he is acting as agent for an identified partnership or corporate
principal.
(Ord. 29-1977, passed 10-17-77)
§ 150.134 INSPECTOR STATUS.
The inspector status requirement is met by the person who is employed by
the city in a position in which he makes or supervises the making of inspections
to determine compliance with building standards and procedures relative to
electricity. Such a person shall not use his license as an electrical inspector
other than with respect to his employment by the city. Licensure under this
section terminates by the operation of law when the person is no longer
employed by the city and does not meet the requirements of §§ 150.136 and
150.137.
(Ord. 29-1977, passed 10-17-77)
§ 150.135 QUALIFICATIONS FOR A PARTNERSHIP OR CORPORATION TO
BE LICENSED AS AN ELECTRICAL CONTRACTOR.
(A) A partnership or corporation shall be entitled to receive a license as
an electrical contractor if the following requirements are met:
(1) At least one general partner (who is a person) of a

partnership or at least one officer of a corporation holds a license under this
subchapter; provided, however, that an unlicensed general partner of a
partnership or an unlicensed officer of a corporation shall be deemed to fulfill the
requirement of division (A)(1) if such person is prevented from meeting the
requirements of § 150.128 for licensure solely because the person cannot
comply with the requirements of § 150.133 because the partnership or
corporation of which he is a partner or officer has submitted an application for
licensure so that the licenses of the partner and partnership or officer and
corporation can be approved and issued simultaneously.
(2) The partnership or corporation does not presently have a

license issued under this subchapter suspended nor has it had such a license
revoked within a period of the preceding 730 days.

365 days determined in accordance with § 150.141(A) that the partnership or
corporation is not eligible to receive a successor license.

corporation does not presently have an officer who has a license under this
subchapter presently suspended or who has had such a license revoked within
the preceding 730 days or a determination made of ineligibility of licensure
renewal within the preceding 365 days.

corporation does not presently have an officer who within the preceding 365 days
served as a partner in a partnership or an officer in a corporation licensed under
this subchapter at the time when actions related to policies or practices of the
partnership or corporation occurred which provided the primary basis on which
the license of the partnership or corporation was revoked, suspended for more
than one year or a determination made of ineligibility for receipt of a successor
license.
(6) The partnership or corporation has submitted an acceptable

bond and certificates of insurance as required by §§ 150.136 and 150.137.
(7) The partnership or corporation has paid the fee as specified

by § 150.072.
(B) Unless these requirements are met a partnership or corporation shall

not be entitled to an electrical contractor's license.
(Ord. 29-1977, passed 10-17-77)
§ 150.136 BOND.
Before a license is issued by the city to any person, partnership, or
corporation, the Building Commissioner shall require the applicant to file a bond
in the amount of $5,000. The bond shall be maintained in full force and effect for
one full calendar year (or the balance of the licensure period if it is shorter) and
shall be:
(A) Issued by a surety authorized to do business in the state.
(B) Payable to the city and an unknown third party as obligees.

(1) The proper performance of all electrical work and any related
construction activity in accordance with building standards and procedures.
(2) Prompt payment of all fees owed to the city as set forth in
this chapter.

negligent, or otherwise, of the contractor or his agents or employees while
engaged in the electrical work or any related construction activity.
Insurance requirements are met if the person, partnership, or corporation
secures insurance covering all electrical work and related construction activity
accomplished by the licensee or under permits obtained by the licensee and
which runs for the calendar year (or the balance of the licensure period if it is
shorter) and thereafter maintains such insurance in full force and effect for the
calendar year.
(A) A public liability and property damage insurance policy naming the
licensee and the city as the assured, and providing also for the payment of any
liability imposed by law on such licensee or the city in the minimum amounts of
$300,000 for any occurrence relative to which there is injury or death to one or
more persons and $100,000 for any occurrence relative to which there is damage
to property. A certificate of such insurance policy shall be delivered to the
(B) Workmen's compensation insurance covering the personnel employed

whenever construction activity is accomplished by the licensee or on projects for
which the licensee obtained permits. A certificate of such insurance shall be
delivered to the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
§ 150.138 BUILDING COMMISSIONER'S APPROVAL REQUIRED.
(A) Approval of a person, partnership, or corporation as an electrical
contractor shall be signed by Building Commissioner. The Building
Commissioner, however, may delegate to one of the city officers authority to
approve applications for licensure or renewal of licensure on behalf of the
Building Commissioner in instances where the applicant is a person whose
eligibility for license renewal is established by § 150.132(A) or the applicant is a
partnership or corporation.
(B) Upon delivery of such approval an electrical contractor's license shall

be issued by the Clerk-Treasurer for a period of one year or for the remainder of
the calendar year following the issuing of the license whichever time period is
shorter. All licenses and renewals of the same shall expire on December 31 of
each year. No license shall be issued by the Clerk-Treasurer to any person,
partnership, or corporation as an electrical contractor except as provided in this
subchapter.
(Ord. 29-1977, passed 10-17-77)
§ 150.139 SUPERVISION BY LICENSEE.
(A) All electrical work shall be accomplished under the direction and
control of either:
(1) The licensed person who applied for the building permit;
(2) If the building permit has been transferred, the licensed

person who is the applicant representing the transferee of the building permit; or
(3) If the applicant for the building permit no longer is able or

desires to continue his responsibilities and obligations as the applicant and the
obtainer of the building permit is a partnership which has a licensed person as a
partner or a corporation which has a licensed person as an officer who meets the
requirements imposed by § 150.016 to apply for such building permit in the first
instance, such licensed person or officer upon his notifying (using a form
furnished by the Building Commissioner) the Building Commissioner of his
assumption of the responsibilities and obligations of the applicant for the
specified building permit.
(B) The licensed person providing direction and control shall specify
materials and work processes and supervise the person or persons
accomplishing the electrical work.
(Ord. 29-1977, passed 10-17-77)
§ 150.140 ELECTRICAL WORK ON ONE'S OWN PROPERTY.
(A) A person who both owns and possesses an improved or unimproved
parcel of land may personally accomplish electrical work for which a license is
required by this division, without having such a license relative to a one- or two-
family residential structure on such parcel, if:
(1) The nonlicensed person obtains a permit for the electrical

work, if required;
(2) In the instance of electrical work for which a permit is

required which poses a substantial potential health or safety hazard (as
determined by the Building Commissioner by making reference to standards
issued by the city) the nonlicensed person has secured, after furnishing full plans
and information, the Building Commissioner's written approval of the specified
work; or
(3) In the instance of electrical work for which a permit is
required which if done improperly is not a potential health or safety hazard (as
determined by the Building Commissioner by making reference to standards
issued by the city) the nonlicensed person has secured, after furnishing full plans
and information, approval in writing of the specified work from the Building
Commissioner or a representative which the Mayor designates.
(B) The determination by the Building Commissioner as to whether the

nonlicensed person shall be allowed to accomplish the electrical work shall be
made on the basis of whether the nonlicensed person possesses sufficient
knowledge and technical skill to accomplish the work in accordance with building
standards and procedures. (Ord. 29-1977, passed 10-17-77)
§ 150.141 LICENSE SUSPENSION, REVOCATION, OR INELIGIBILITY.
(A) The Building Commissioner may suspend the license of a person for a
period up to 730 days, revoke the license of a person or determine on the basis
of activities while licensed within the previous 365 days Is ineligible for license
renewal, if one of the following is shown:
(1) The licensee made any materially false statement of fact

either to the city or on his application for license or license renewal.
(2) The licensee acted fraudulently in the license examination.
(3) The licensee (but not including licensees who are exempt
because of compliance with the requirements of § 150.133 or 150.134) failed to
post and maintain a surety bond and insurance required by § 150.136 or §
150.137.
(4) The licensee acted fraudulently or with deceit in his business

relationship with other persons, partnerships, or corporations with which he dealt
in connection with electrical work.
(5) Electrical work for which the licensee was responsible as

applicant for the permit or applicant representing the transferee of the permit was
performed either incompetently or in such manner that it does not meet
standards of reasonable workmanship or compliance with building standards and
procedures.
(6) The licensee failed to correct a violation of building

standards and procedures relative-to electrical work for which the licensee was
responsible as applicant for the permit or applicant representing the transferee of
the permit, after the Building Commissioner or electrical inspector issued a notice
of building code violation, revoked a building permit or issued a stop-work order,
and the violations causing any of these actions remained uncorrected for a
period of ten days from the date of issuance of the building code violation,
revocation of permit, or the stop-work order, or in the instance where a period of
ten days was not sufficient, such longer period of time was fixed by the Building
Commissioner or the electrical inspector in writing.
(7) The licensee has consistently failed to apply for or obtain

required applicable permits for electrical work accomplished by the licensee or
under his supervision.
(8) The licensee has consistently failed to timely file certificates

of completion and compliance for electrical work relative to which he was the
applicant for the permits or applicant representing the transferee of the permits.
(9) The licensee has consistently failed to give notice of

availability for inspection at designated stages of electrical work as required by §
150.046.
(10) The licensee, excluding licensees who meet the inspector

status requirement of § 150.134, has not for a period of five continuous years
accomplished or supervised accomplishment of a significant amount of electrical
work.
(11) The licensee qualified for licensure without meeting the bond
and insurance requirements of § 150.136 and § 150.137 by meeting the
inspector status requirements of § 150.134, but is no longer employed by the city
and does not meet the requirements of §§ 150.36 and 150.137.
(12) The licensee qualified for licensure without meeting the

requirements of §§ 150.136 and 150.37 by meeting the partnership or
corporation requirements of §§ 150.133 but without presently meeting the
requirements of §§ 150.136 and 150.137, either he:
(a) Is no longer a partner of a partnership or an officer of a

corporation licensed under this subchapter, or
(b) Has made use of his license other than as an agent of

the partnership or corporation named in his application.
(13) The licensee has not properly paid the fee specified by §
150.072 for a license which has been issued or is delinquent in the payment of
fees owed pursuant to this chapter.
(14) The licensee has failed to give proper supervision to

electrical work in accordance with requirements of § 150.139.
(15) The licensee has attempted to conceal or has concealed

violations of building standards and procedures.
(B) The Building Commissioner may suspend the license of a
partnership or corporation for a period up to 730 days, revoke the license of a
partnership or corporation or determine on the basis of activities carried out while
licensed within the previous 365 days that the partnership or corporation is
ineligible to receIve a successor license, if one of the following is shown:
(1) A materially false statement of fact was made to the Building

Commissioner by an agent of the licensee or placed on the licensee's application
for license.
(2) The licensee failed to post and maintain the surety bond and
insurance required by §§ 150.136 and 150.137.
(3) Agents of the licensee acted fraudulently or with deceit in its

relationship with other persons, partnerships, or corporations with which It dealt
In connection with electrical work.
(4) Electrical work for which the licensee was responsible as

obtainer of the permit or as transferee of the permit was performed either
incompetently or in such manner that it does not meet standards of reasonable
workmanship or compliance with building standards and procedures.

standards and procedure relative to electrical work which the licensee was
responsible as obtainer of the permit or transferee of the permit after the Building
Commissioner issued notice of a building code violation, revoked a building
permit, or issued a stop-work order and the violations causing any of these
actions remained uncorrected for a period of ten days from the date of issuance
of the building code violation, revocation of permit, or stop-work order, or in the
Instance where a period of ten days was not sufficient, such longer period of time
as was fixed by the Building Commissioner in writing.
(6) The licensee has consistently failed to obtain required

applicable permits for electrical work accomplished by the licensee.

availability for inspection at designated stages of electrical work as required by s
150.046.

of completion and compliance as required for electrical work accomplished
pursuant to his license.
(9) The licensee has not properly paid the fee specified by s
150.072 for license which has been Issued or is delinquent in the payment of
(10) If a partnership, does not have a licensed person as a

general partner, or if a corporation does not have a licensed person as an officer.
(11) The partnership presently has a licensed person or the

corporation presently has a licensed officer who has a license under this division
presently suspended or who has had such license revoked within the preceding
730 days or a determination made of ineligibility of license renewal within the
preceding 365 days.

presently has an officer who within the previous 365 days served as a partner in
a partnership or an officer in a corporation licensed under this division at the time
when actions related to politics or practices of the partnership or corporation was
revoked, suspended for more than 365 days or a determination made of
Ineligibility for receipt of successor license.

violations of building standards and procedures. (Ord. 29-1977, passed 10-17-
77)
(A) The date and place for a revocation or a suspension hearing shall be
fixed by the Building Commissioner. At least ten days before such date a written
notice of the general nature of the charges, prepared by the city, and of the time
and place of the hearing thereon shall be served upon the licensee either by
hand delivery to the charged licensed person or to a partner of a charged
partnership or an officer of a charged corporation, or by certified mail with return
receipt requested addressed to the licensee at his main place of business as
shown by the licensee's application for license or license renewal. The ten or
more days shall run from the date such notice is mailed. In the instance where
charges are made which have a similar factual basis and a business relationship
exists (as, for example, charges against two licensed partners or charges against
a licensed corporation and its licensed corporate officer) the Building
Commissioner may hear evidence relative to two or more charges at the same
hearing.
(B) The licensee may appear in person or by counsel, produce evidence

(including testimonial and documentary evidence), make argument and cross-
examine witnesses at such hearing. The Building Commissioner shall have the
same right. The Building Commissioner may cause or allow any other relevant
evidence to be introduced. On the basis of evidence presented at the hearing,
the Building Commissioner shall make findings and enter an order in accordance
with such findings, which shall not become effective until ten days after notice
and a copy thereof has been served upon the licensee in the manner required for
notice of the hearing.
(C) On or before ten days after service of the order, the licensee may
appeal therefrom to the Mayor by serving a notice of appeal upon the Mayor
either In person or by filing it at his office with a copy thereof delivered to the
Building Commissioner at the office of the Building Commissioner. Unless such
appeal is so taken, the order of the Building Commissioner shall be final.

stayed until the appeal is heard and determined by the Mayor or a representative
designated in writing (but not an employee of the Building Commissioner) by the
Mayor under the procedure prescribed by statute for hearings on the suspension
or revocation of licenses. The Mayor or his representative shall thereupon
render such decisions as he finds justified and sustained by the evidence, either
affirming, reversing, or modifying the terms of the order of the Building
Commissioner. The order of the Mayor or his representative shall be final and
conclusive and be binding upon both the licensee and the Building
Commissioner.
(Ord. 29-1977, passed 10-17-77)
LICENSING AND REGULATION OF
HEATING AND COOLING CONTRACTORS
(A) Licensure as a heating and cooling contractor of the appropriate
type is required to install, modernize, replace, service or repair all or any part of
a heating system, space heating equipment, a cooling system, space cooling
equipment, or refrigeration equipment.
(B) Construction activity which this subchapter allows licensed heating

and cooling contractors to carry out is hereinafter referred to in this subchapter
as heating and cooling work.
(C) A person not licensed under this subchapter who is employed by a

licensed heating and cooling contractor may, however, accomplish heating and
cooling work while working under the direction and control of a person who is a
licensed heating and cooling contractor but shall not otherwise enter Into or offer
to engage in heating and cooling work. The scope of activity of such nonlicensed
person shall not extend-beyond that allowed by the license type of the licensed
heating and cooling contractor providing direction and control over the
nonlicensed person.
(D) A person not licensed under this subchapter may, however,

accomplish heating and cooling work in carrying out ordinary maintenance and
repair if such work is accomplished by the person in the regular course of his
sole, full-time employment by the owner of the premises where such ordinary
maintenance and repair occurs. Persons, partnerships, or corporations engaged
in the business of service and repair, however, must be licensed under this
chapter.
(Ord. 29-1977, passed 10-17-77)
§ 150.151 REGISTER OF APPLICANTS.
The Building Commissioner shall maintain a register of all persons,
partnerships, and corporations which apply for licensure and persons who apply
for renewal of licensure under this subchapter.
(A) If the applicant is a person the register shall show the date of
application, name of the applicant, age, education, years of experience, and
other qualifications of applicant, the addresses of its places of business and
residence of the applicant, type of license for which application is made, whether
the application was rejected or approved and the date of such action.
application, name of the partnership, addresses of its places of business, names
of all partners and their respective residential addresses, type of license for
which application is made, and whether the application was rejected or approved
and the date of such action.
application, name of the corporation, state of incorporation, addresses of its
places of business, type of license for which application is made, and whether
the application was rejected or approved and the date of such action.
(Ord. 29-1977, passed 10-17-77)
§ 150.152 CONTRACTOR'S QUALIFICATION.
(A) A person shall be entitled to receive one license of the appropriate
type as a heating and cooling contractor (either initially or by renewal of a
license) if the following requirements are met:
(1) The person:
(a) Meets the written examination requirement stated in §

150.153(A) and the experience requirement stated in division (C) below.
(b) Meets the equivalent examination requirement stated in

§ 150.153(B) and the experience requirement stated in division (C) below.
(c) Meets the eligibility for renewal requirement stated in

§ 150.154.
(2) The person does not presently have a license issued under
this subchapter suspended nor has he had such license revoked within a period
of the preceding 730 days.
365 days, determined in accordance with § 150.165(A) that the person is not
eligible for license renewal.
(4) The person has submitted an acceptable bond and

certificates of insurance as required by § 150.159, this requirement is relieved
because such person either meets the partnership or corporate agent status
requirement stated in § 150.155 or such person meets the inspector status
requirement stated in § 150.156.
(5) The person has paid the fee specified by § 150.114.
(B) Unless the requirements in division (A) above are met a person
shall not be entitled to a heating and cooling contractors license of the
appropriate type.
(C) The experience requirement is met by the person who has had at
least two years of practical work experience pertaining to heating and cooling
work.
(Ord. 29-1977, passed 10-17-77)
(A) The written examination requirement is met by the person who
demonstrates his understanding of the following subject matter in areas by
attaining a score of at least 70% on a written examination administered by the
Building Commissioner relative to heating and cooling work for which such
license of the applicable type is required:
(1) General knowledge of the rules and regulations of the

Indiana Department of Fire and Building Services, state and federal agencies
applicable in the city.
(2) Expert knowledge about the proper, practical, and safe

methods of accomplishing heating and cooling work.
(B) Equivalent examination. The equivalent examination requirement

is met by a person who demonstrates either orally or in writing, to the satisfaction
of the Building Commissioner his familiarity with this chapter and presents
evidence satisfactory to the Building Commissioner at one of the Building
Commissioner's meetings that he currently practices the craft of a heating and
cooling contractor and that he is presently licensed in good standing as a
result of his successfully completing an examination administered by a
licensure board for another state or another municipality which was then the
equivalent in scope of the subject matter and difficulty as the examination
presently presented by the Building Commissioner for the applicable license type
in the city.
The eligibility for renewal requirement is met by a person who:
(A) Has held an unrevoked license of the same type under this
subchapter within the preceding 730 days.
(B) Has held an unrevoked license of the same type under this
subchapter within the preceding 1460 days (four years) and who demonstrates to
the satisfaction of the Building Commissioner that during at least two years of
that period the person has been actively engaged in the city or elsewhere in
heating and cooling work.
(Ord. 29-1977, passed 10-17-77)
(A) The partnership or corporate agent status requirement is met by a
person who:
(1) Is a partner of a partnership or an officer of a corporation

which is licensed under this division and
(2) Does not make any use of his license as a heating and
cooling contractor other than as an agent of the partnership or corporation.

take action for which license under this subchapter is required, he shall clearly
state the fact that he is acting as agent for an identified partnership or corporate
principal.
(Ord. 29-1977, passed 10-17-77)
The inspector status requirement is met by a person who is currently
employed by the city in a position in which he makes or supervises the making of
inspections to determine compliance with building standards and procedures
relating to heating and cooling work provisions of this subchapter. Such person
shall not use a license as a heating and cooling contractor other than with
respect to his employment by the city. Licensure under this section terminates by
operation of law when the person no longer is employed by the city and does not
meet the requirements of §§ 150.158 and 150.159.
(Ord. 29-1977, passed 10-17-77)
BE LICENSED AS A HEATING AND COOLING CONTRACTOR.
(A) A partnership or corporation shall be entitled to receive one license
of the appropriate type as a heating and cooling contractor if the following
requirements are met:

partnership or at least one officer of a corporation holds a license of the same
type under this subchapter as that relative to which the partnership or corporation
has made application; provided, however, that an unlicensed general partner of a
requirements of division (A)(1) if such person is prevented from meeting the
requirements of § 150.152(A) for licensure of the applicable type solely because
the person can not comply with the requirements of § 150.155 because the
partnership or corporation of which he is a partner or officer is not licensed under
this subchapter and such partner or officer has submitted an application for

license issued under this subchapter suspended nor has it had such license

365 days, determined in accordance with § 150.165(B) that the partnership or

the preceding 730 days or a determination made of ineligibility of license renewal
within the preceding 365 days.

served as a partner in a partnership or officer in a corporation licensed under
this subchapter at the time when actions related to policies or practices of the
than one year, or a determination made of ineligibility for receipt of a successor
license.

(7) The partnership or corporation has paid the fee specified by

§ 150.072.
(B) Unless these requirements are met, a partnership or corporation

shall not be entitled to a heating and cooling contractors license of the
appropriate type.
(Ord. 29-1977, passed 10-17-77)
§ 150.158 BOND.
Before a license is issued by the Building Commissioner to any person,
to file a surety bond in the amount of $5,000. The bond shall be maintained in
full force and effective for one full calendar year (or the balance of the licensure
period if it is shorter) and shall be:
(A) Issued by a surety authorized to do business in the state,
(B) Payable to the city and an unknown third party as obligees,
(1) The proper performance of all heating and cooling work and
any related construction activity in accordance with building standards and
procedures.
chapter.

negligent, or otherwise, of the contractor, his agents, or employees while
engaged in heating and cooling work or any related construction activity.
The insurance requirements are met if the person, partnership, or
corporation secures insurance covering all heating and cooling work and any
related construction activity accomplished by the licensee or under permits
obtained by the licensee and which runs for the calendar year (or the balance of
the licensure period if it is shorter) and thereafter maintains such insurance in full
force and effect for the calendar year:
(A) A public liability and property damage insurance policy naming the
licensee and the city as the assured, and providing also for the payment of any
liability imposed by law on such licensee or the city in the minimum amounts of
$300,000 for any occurrence relative to which there is injury or death to one or
more persons and $100,000 for any occurrence relative to which there is damage
to property. A certificate of such policy shall be delivered to the Building
Commissioner.
(B) Workmen's compensation insurance covering the personnel

employed whenever construction activity is accomplished by the licensee or on
projects for which the licensee obtains permits. A certificate of such insurance
shall be delivered to the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
§ 150.160 TYPES OF LICENSES.
There shall be ten types of licenses approved by the Building
Commissioner pursuant to this subchapter:
(A) The heavy commercial (unrestricted) license authorizes the holder
thereof to perform all of the kinds of heating and cooling work without limitation.
(B) The light commercial/residential license authorizes the holder

thereof to perform heating and cooling work of the following kinds:
(1) Installation, modernization, replacement, service, or repair

equipment, which system or equipment has a rated output not in excess of
600,000 Btuh and does not include preassembled air-conditioning condensing
units which exceed a rating of 50 tons under ARI standards.
(2) Installation, modernization, replacement, service, or repair of

heating systems or space heating equipment, which system or equipment has a
rated input not in excess of 4,000,000 Btuh and which does not utilize a water
boiler in which the rated pressure exceeds 30 pounds per square inch.
(C) The residential license authorizes the holder thereof to perform

heating and cooling work of the following kinds in one- or two-family residential
structures, commercial buildings of not more than one story and apartment
buildings:

cooling systems or space cooling equipment is a single phase and has a rated
output of not in excess of 60,000 Btuh.
(2) Installation, modernization, replacement service, or repair of a

heating system or space heating equipment, which system or equipment has a
rated input of less than 2,000,000 Btuh and which does not utilize a boiler in
which the rated pressure exceeds 15 pounds per square inch.
(D) The high pressure steam license authorizes the holder thereof to
perform heating and cooling work of the following kind:

heating systems or space heating equipment, which system or equipment utilizes
a boiler.
(E) The refrigeration license authorizes the holder thereof to perform

heating and cooling work of the following kind: Installation, modernization,
replacement, service, or repair of refrigeration equipment.
(F) The heavy commercial (unrestricted) service only license

authorizes the holder thereof to perform heating and cooling work limited to
service and repair relative to the kinds of construction activity which the holder of
a heavy commercial (unregistered) license may perform.
(G) The light commercial/residential service only license authorizes the
holder thereof to perform heating and cooling work limited to service and repair
relative to the kinds of construction activity which the holder of a light
commercial/residential license may perform.
(H) The residential service only license authorizes the holder thereof to
perform heating and cooling work limited to service and repair relative to the
kinds of construction activity which the holder of a residential license may
perform.
(I) The steam service only license authorizes the holder thereof to
perform heating and cooling work limited to service and repair relative to the
kinds of construction activity which the holder of a steam license may perform.
(J) The refrigeration service only license authorizes the holder thereof
to perform heating and cooling work limited to service and repair relative to the
kinds of construction activity which the holder of a refrigeration license may
perform.
(Ord. 29-1977, passed 10-17-77)
§ 150.161 MAYOR'S APPROVAL FOR LICENSURE.
(A) Approval for Iicensure of a person, partnership, or corporation as a
heating and cooling contractor of the appropriate type shall be in writing and
signed by the Mayor. The Mayor may, however, delegate to one of the city's
officers or the Building Commissioner authority to approve applications for
licensure on behalf of the Mayor in instances where the applicant is a person
whose eligibility for license renewal is established by § 150.154 or the applicant
is a partnership or corporation.
(B) Upon delivery of such approval a heating and cooling contractor

license of the appropriate type shall be issued by the Clerk-Treasurer for a period
of one year or for the remainder of the calendar year following the issuance of
the license, whichever time is shorter. All licenses and renewals of the same
shall expire December 31 each year. No license shall be issued by the Clerk-
Treasurer to any person, partnership, or corporation as a heating and cooling
contractor except as provided in this subchapter. (Ord. 29-1977, passed 10-17-
77)
§ 150.162 LICENSE IS PERSONAL AND NOT TRANSFERABLE.
No license issued under this provision of this division shall be assigned or
transferred.
(Ord. 29-1977, passed 10-17-77; Am. Ord. 4-1996, passed 4-15-96) Penalty,
see § 150.999
(A) All heating and cooling work shall be accomplished under the
direction and control of either:
(1) The licensed person who applied for the building permit;
(2) If the building permit has been transferred, the licensed person
who is the applicant representing the transferee of the building permit; or

requirements imposed by § 150.016 to apply for such a building permit in the
first instance, such licensed partner or officer upon his notifying (using a form
furnished by the city) the Building Commissioner of his assumption of the
responsibilities and obligations of the applicant for the specified building permit.
The licensed person providing direction and control shall specify

work processes and supervise the person or persons accomplishing the heating
and cooling work. Such licensed person or a competent person responsible to
him must be present at the site when any significant heating and cooling work
occurs.
(Ord. 29-1977, passed 10-17-77)
§ 150.164 HEATING AND COOLING WORK ON ONE'S OWN PROPERTY.
(A) A person who both owns and possesses an improved or
unimproved parcel of land may personally accomplish heating and cooling work
for which a license is required by this subchapter without having such license
relative to a one- or two-family residential structure on such parcel, if:
(1) The nonlicensed person obtains a building permit for heating

and cooling work, if required.
(2) In the instance of heating and cooling work for which a building
permit is required which poses a substantial potential health or safety hazard (as
determined by the Mayor or by the Building Commissioner on behalf of the Mayor
by making reference to standards issued by the Mayor) the nonlicensed person
has secured, after furnishing full plars and information, the Mayor's written
approval of the specified work.
(3) In the instance of heating and cooling work for which a building
permit is required which, if done improperly is not a substantial potential health or
safety hazard (as determined by the Mayor or by the Building Commissioner on
behalf of the Mayor by making reference to standards issued by the Mayor) the
nonlicensed person has secured, after furnishing full plans and information, the
approval in writing of the specified work from the Building Commissioner or a
representative which he designates.
(B) The determination by the Mayor or the Building Commissioner as to

whether the nonlicensed person shall be allowed to accomplish heating and
cooling work shall be made on the basis of whether the nonlicensed person
possesses sufficient knowledge and technical skill to accomplish the work in
accordance with the building standards and procedures. (Ord. 29-1977, passed
10-17-77) license renewal. The ten or more days shall run from the date such
notice is mailed. In the instance where charges are made which have a similar
factual basis and a business relationship exists (as, for example, charges against
two licensed partners or charges against a licensed corporation and a licensed
corporate officer), the Building Commissioner may hear evidence relative to two
or more charges at the same hearing.
(B) The licensee may appear in person or by counsel, produce

evidence (including testimonial and documentary evidence), make argument and
relevant evidence to be introduced. On the basis of evidence presented at the
hearing, the Building Commissioner shall make findings and enter an order in
after served upon the licensee in the manner required for notice of hearing.
appeal there from to the Mayor by serving a notice of appeal upon the Mayor
either in person or by filing it at his office, with a copy thereof delivered to the
Building Commissioner. Unless such appeal is so taken, the order of the Building
Commissioner shall be final.

designated in writing (but not an employee of the city) by the Mayor, under the
procedure prescribed by statute for hearings on suspension or revocation of
licenses. The Mayor or his representative shall thereupon render such decision
as he finds justified and sustained by the evidence, either affirming, reversing, or
modifying the terms of the order of the Building Commissioner. The order of the
Mayor or his representative shall be final and conclusive upon both the licensee
and the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
LICENSING AND REGULATIONS
OF WRECKING CONTRACTORS
(A) Licensure as a wrecking contractor of the appropriate type is
required to either engage in the business, trade, or calling of demolishing,
dismantling, dismembering, razing, or removing structures; provided, however,
that licensure as a wrecking contractor is not required:
(1) To wreck a structure containing less than 500 square feet of

floor area, or
(2) To wreck a one-story, one- or two-family residential structure,
if:
(a) The wrecking is accomplished by the person who

owns the structure.
(b) The person is a previous occupant of the structure.
(c) No part of the structure is located nearer than ten feet

to another structure not owned by the person accomplishing the wrecking, or any
street, alley, or sidewalk.
(d) The wrecking will not create a substantial potential

health or safety hazard.
(e) If deemed reasonably necessary by the Building

Commissioner, the person who will accomplish the wrecking demonstrates that
the wrecking activity is covered by a public liability and property damage
insurance policy in the amounts established by the Building Commissioner (but
not less than $50,000 for personal injury or death and $25,000 for pr.cperty
damage), naming the person doing the wrecking and the city as the assured.
(3) To wreck a one-story, wood frame structure; if:
(a) The wrecking is accomplished by the person who

owns the structure or by permanent, full-time employees of the partnership or
corporation which owns the structure.
(b) The person, partnership, or corporation which owns

the premises where the structure is located is in possession of the premises
where the structure is located.
(c) No part of the structure is located nearer than ten feet
to another structure not owned by the person, partnership, or corporation
accomplishing the wrecking or any street, alley, or sidewalk.
(d) The wrecking will not create a substantial potential

health or safety hazard.
(e) If deemed reasonably necessary by the Building

Commissioner, the person, partnership, or corporation who will accomplish the
wrecking demonstrates that the wrecking activity is covered by a public
liability and property damage insurance policy in amounts established by the
Building Commissioner (but not less than $50,000 for personal injury or death
and $25,000 for property damage), naming the person doing the wrecking and
the city as the assured.
(B) A person not licensed under this subchapter who is employed by a
licensed wrecking contractor may, however, accomplish wrecking while working
under the direction and control of a person who is a licensed wrecking contractor.
The scope of activity of such nonlicensed person shall not extend beyond that
allowed by the license type of the licensed wrecking contractor providing
direction and control over the nonlicensed person. Such nonlicensed person
shall not enter into or offer to enter into a contractual relationship with a
consumer to engage himself in wrecking.
(C) Construction activity for which this division allows licensed wrecking
contractors to carry out is hereinafter referred to in this subchapter as wrecking.
§ 150.176 APPLICANTS TO REGISTER.
The Clerk-Treasurer acting on behalf of the Building Commissioner shall
maintain a register of all persons, partnerships, and corporations which apply for
licensure and persons who apply for renewal of licensure under this subchapter:
(A) If the applicant is a person the register shall show the date of the
application, the name of the applicant, the age, education, years of experience,
and other qualifications of the applicant, the addresses of the places of business
and the residence of the applicant, the type of license for which application is
made, whether the application is for an initial license or renewal of a license and
whether the application was rejected or approved, and the date of such action.
application, the name of the partnership, the addresses of its places of business,
names of all partners and their respective residential addresses, the type of
license for which application is made and whether the application was rejected or
approved, and the date of such action.
application, the name of the corporation, state of incorporation, addresses of its
places of business, names of all officers and their respective residential
addresses, the type of license for which application is made and whether the
application was rejected or approved, and the date of such action.
(A) (1) A person shall be entitled to receive one license of the
appropriate type as a wrecking contractor (either initially or by renewal of a
license) if the following requirements are met:
(a) The person:
1. Meets the written examination requirement stated

in § 150.178(A) and the experience requirement stated in division (B) below.
2. Meets the equivalent examination requirement
stated in § 150.178(B) and the experience requirement stated in division (B)
below.
3. Meets the eligibility for renewal requirement

stated in §§ 150.179 and 150.180.
(b) The person does not presently have a license issued

under this subchapter suspended nor has he had such license revoked within a
period preceding 730 days.
(c) The Building Commission has not, within the

preceding 365 days, determined in accordance with § 150.189(A) that the person
is not eligible for license renewal.
(d) The person has submitted an acceptable bond and

certificates of insurance as required by §§ 150.183 and 150.184 unless the
requirement is relieved because such person either meets the partnership or
corporate agent status requirement stated in § 150.180 or such person meets the
inspector status requirement stated in § 150.181.
(e) The person has paid the fee specified in § 150.074.
(2) Unless these requirements are met a person shall not be

entitled to a wrecking contractor's license of the appropriate type.
(B) The experience requirement of division (A)(1)(a) is met by a person

who has had at least the following number of years of practical work experience
pertaining to wrecking, either in a supervisory capacity or as an operator of heavy
equipment on wrecking sites:
(1) Type A license, six years.
(2) Type B license, four years.
(3) Type C license, two years.

(Ord. 29-1977, passed 10-17-77)
(A) The written examination requirement of § 150.177(A)(1)(a) is met
by a person who demonstrates his understanding of the following subject matter
areas by attaining a score of at least 70% on a written examination administered
by the Building Commissioner relative to wrecking for which a license of the
appropriate type is required:
(1) General knowledge of the provisions of this chapter and

other relevant ordinances of the city.
(2) General knowledge of the rules and regulations of the Indiana
Department of Fire and Building Services, state and federal agencies applicable
in the city.
(3) Expert knowledge about the proper, practical, and safe

methods of accomplishing wrecking.
(B) Equivalent examination. The equivalent examination requirement

of § 150.177(A)(1)(a) is met by a person who demonstrates, either orally or in
writing, to the satisfaction of the Building Commissioner his familiarity with this
chapter and presents evidence satisfactory to the Building Commissioner at one
of the Building Commissioner's meetings that he is presently licensed in good
standing as a result of his successfully completing an examination administered
by a licensure board for another state or another municipality which was then the
equivalent in scope of the subject matter and difficulty as the examination
presently administered by the Building Commissioner for the applicable license
type.
The eligibility for renewal requirement of § 150.177(A)(1)(a) is met by a
person who:
(A) Has held an unrevoked license of the same type (or any other type
identified by a letter nearer the start of the alphabet) under this division within the
preceding 730 days.
(B) Has held an unrevoked license of the same type (or any other type
identified by a letter nearer the start of the alphabet) under this subchapter within
the preceding 1460 days and demonstrates to the satisfaction of the Building
Commissioner that during at least two years of that period the person has been
actively engaged in the city or elsewhere in wrecking.
(Ord. 29-1977, passed 10-17-77)
(A) The partnership or corporate agent status requirement of §
150.177(A)(1)(d) is met by a person who:
(1) Is a partner of a partnership or an officer of a corporation which

is licensed under this subchapter.
(2) Does not make any use of his license as a wrecking contractor
other than as an agent of the partnership or the corporation.

take action for which licensure under this subchapter is required he shall clearly
state the fact that he is acting as agent for an identified partnership or corporate
principal.
(Ord. 29-1977, passed 10-17-77)
The inspector status requirement of § 150.177(A)(1)(d) is met by the
person who is employed full time by the Building Commissioner in a position in
which he makes or supervises the making of inspections to determine
compliance with building standards and procedures relating to wrecking. Such a
person shall not use a license as a wrecking contractor other than with respect to
his employment by the city. Licensure under this section terminates by operation
of law when the person is no longer employed by the city and does not meet the
requirements of §§ 150.183 and 150.184.
(Ord. 29-1977, passed 10-17-77)
BE LICENSED AS WRECKING CONTRACTOR.
(A) A partnership or a corporation shall be entitled to receive one
license of the appropriate type as a wrecking contractor if the following
requirements are met:

partnership or at least one officer of a corporation holds a license of the same
type (or any other type identified by a letter nearer the start of the alphabet)
under this subchapter as that relative to which the partnership or corporation has
made application; provided, however, that an unlicensed general partner of a
requirements of division (A)(1) if such person is prevented from meeting the
requirements of § 150.177(A) for licensure of the applicable type solely because
the person cannot comply with the requirements of § 150.180 because the
partnership or corporation of which he is a partner or officer is not licensed under
this subchapter and such partner or officer has submitted an application for

license issued under this subchapter suspended nor has it had such a license
(3) The Building Commissioner has not, within the preceding 365
days, determined in accordance with § 150.189(A) that the partnership or

the preceding 730 days or a determination made of ineligibility of license renewal
within the preceding 365 days.
served as a partner in a partnership or officer in a corporation licensed under this
subchapter at the time when actions related to policies or practices of the
than one year, or a determination made of its ineligibility for receipt of a
successor license.

(7) The partnership or the corporation has paid the fee specified
by §§ 150.065 through 150.077.
(B) Unless these requirements are met a partnership or corporation

shall not be entitled to a wrecking contractor license of the appropriate type.
(Ord. 29-1977, passed 10-17-77)
§ 150.183 BOND.
Before the license is issued by the Building Commissioner to any person,
to file a surety bond in the amount of $30,000 in the case of a Type A license,
$20,000 in the case of a Type B license, and $10,000 in the case of a Type C
license. The bond shall be maintained in full force and effect for each period
between January 1 and December 31 (or the balance of the licensure period if it
is shorter) and shall be:
(A) Issued by a surety authorized to do business in the state;
(B) Payable to the city and an unknown third party as obligees;
(1) The proper performance of all wrecking activity in

accordance with building standards and procedures.
chapter.

negligent, or otherwise, 6f the contractor, his agents, or employees while
engaged in wrecking or any related construction activity.
(Ord. 29-1977, passed 10-17-77)
The insurance requirements are met if the person, partnership, or
corporation secures insurance covering all wrecking and related construction
activity accomplished by the licensee or under permits obtained by the licensee
and which runs for the calendar year (or the balance of the licensure period if it is
shorter), and thereafter maintains such insurance in full force and effect for the
calendar year:
(A) (1) A public liability and property damage insurance policy

naming the licensee and the city as the assured, and providing also for the
payment of any liability imposed by law on such licensee or the city in the
minimum amounts of $300,000 for any occurrence relative to which there is injury
or death and $100,000 for any occurrence relative to which there is damage to
property.
(2) A certificate of such policy shall be delivered to the

(B) Workmen's compensation insurance covering the personnel

employed whenever construction is accomplished by the licensee or on projects
for which the licensee obtains permits. A certificate of such insurance shall be
delivered to the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
§ 150.185 TYPES OF LICENSE.
There shall be three types of license approved by the Building
Commissioner pursuant to this subchapter:
(A) The Type A license authorizes the holder thereof to wreck

structures without limitation.
(B) The Type B license authorizes the holder thereof to wreck

structures up to 75 feet in height.
(C) The Type C license authorizes the holder thereof to wreck wood
frame and solid masonry structures not exceeding three stories or 35 feet in
height, whichever is less.
§ 150.186 MAYOR'S APPROVAL FOR LICENSURE.
(A) Approval for licensure of a person, partnership, or corporation as a
wrecking contractor of the appropriate type shall be in writing signed by the
Mayor. The Mayor may, however, delegate to one of its officers or the Building
Commissioner authority to approve applications for licensure or renewal of
licensure on behalf of the Mayor in instances where the applicant is a person
whose eligibility for license or renewal is established by § 150.179 or the
applicant is a partnership or corporation.
(B) Upon delivery of such approval a wrecking contractor's license of
the appropriate type shall be issued by the Clerk-Treasurer for a period of one
year or the remainder of the calendar year following the issuance of the license,
whichever time is shorter. All licenses shall expire December 31 each year. No
license shall be issued by the Clerk-Treasurer to any person, partnership, or
corporation as a wrecking contractor except as provided in this subchapter.
(Ord. 29-1977, passed 10-17-77)
§ 150.187 LICENSE PERSONAL AND NOT TRANSFERABLE.
No license issued under the provisions of this subchapter shall be
assigned or transferred.
(A) All wrecking shall be accomplished under the direction and control
of either:
(1) The licensed person who applied for the building permit.
(2) If the building permit has been transferred, the licensed person
who is the applicant representing the transferee of the building permit.

requirements imposed by § 150.016 to apply for such a building permit in the first
instance, such licensed partner or officer upon his notifying (using a form
furnished by the city) the Building Commissioner of his assumption of the
responsibilities and obligations of the applicant for the specified building permit.
(B) The licensed person providing direction and control shall specify
work processes and supervise the persons accomplishing the wrecking. Such
licensed person or a competent person responsible to him must be present at the
site when any significant wrecking occurs.
(Ord. 29-1977, passed 10-17-77)
§ 150.189 LICENSE SUSPENSION, REVOCATION, OR INELIGIBILITY.
(A) The Building Commissioner may suspend the license of a person
for a period up to 730 days, revoke the license of a person or determine on the
basis of activities carried out while licensed that a person who is or has been
licensed within the previous 365 days is ineligible for license renewal, if one of
the following is shown:
(1) The licensee made any materially false statement of fact

either to the Building Commissioner or on his application for license renewal.
(2) The licensee acted fraudulently in the license examination.

(3) The licensee (but not including licensees who are exempt
because of compliance with the requirements of § 150.180 or § 150.181 failed to
post and maintain the surety bond and insurance required by §§ 150.183 and
150.184.
(4) The licensee acted fraudulently or with deceit in his relationship

with other persons, partnerships or corporations with which he dealt in
connection with wrecking.
(5) Wrecking for which the licensee was responsible as

applicant for the permit or applicant representing the transferee of the permit was
performed incompetently or in such manner that it does not meet standards of
reasonable workmanship or compliance with building standards and procedures.

standards and procedures relative to wrecking for which the licensee was
responsible as applicant for the permit or applicant representing the transferee of
the permit, after the Building Commissioner issued a notice of a building code
violation, revoked a building permit, or issued a stop-work order and the
violations causing any of these actions remained uncorrected for a period of ten
days from the date of issuance of the building code violation, revocation of permit
or stop-work order, or in the instance where a period of ten days was not
sufficient, such longer period of time as was fixed by the Building Commissioner
in writing.
(7) The licensee has consistently failed to apply for or obtain

required applicable permits for wrecking accomplished by the licensee under his
supervision.

availability for inspection at designated stages of wrecking as required by §
150.046.

of completion and compliance for wrecking relative to which he was the applicant
for the permits or applicant representing the transferee of the permits.
(10) The licensee, excluding licensees who meet the inspector

requirement of S 150.181, has not for a period of five continuous years
accomplished or supervised the accomplishment of a significant amount of
wrecking.
and insurance requirements of SS 150.183 and 150.184 by meeting the
inspector requirements of S 150.181 but is no longer employed by the city and
does not meet the requirements of S 150. 183 and 150.184.
and insurance requirements for §§ 150.183 and 150.184 by meeting the
partnership or corporate agent requirements of § 150.180, but without meeting
the requirements of §§ 150.183 and 150.184, either he:
(a) Is no longer a partner of a partnership or an officer of

a corporation licensed under this division, or
(b) Has made use of his license other than as an agent of

the partnership or the corporation named in his application.
150.074 for a license which has been issued or is delinquent in other fees owed
pursuant to this chapter.
(14) The licensee has failed to give proper supervision to

wrecking in accordance with requirements of § 150.188.
(15) The licensee holding a Type B or Type C wrecking license

has accomplished (without supervision by a licensee of the appropriate type) or
supervised the accomplishment of wrecking without having the type license
which is required for such construction activity.

violations of building standards and procedures.
(B) The Building Commissioner may suspend the license of a

partnership or corporation for a period up to 730 days, revoke the license of a
partnership or corporation or determine on the basis of activities carried out while
licensed within the previous 365 days that the partnership or corporation is
ineligible to receive a successor license, if one of the following is shown:
(1) A materially false statement of fact was made to the Building

Commissioner by an agent of the licensee or placed on the licensee's application
for license.
(2) The licensee failed to post and maintain a surety bond and
insurance required by §§ 150.183 and 150.184.
(3) An agent of the licensee acted fraudulently or with deceit in

its relationship with other persons, partnerships, or corporations with which it
dealt in connection with wrecking.
(4) Wrecking for which licensee was responsible as obtainer of

the permit or as transferee of the permit was performed either incompetently or in
such manner that it does not meet standards of reasonable workmanship or
compliance with building standards and procedures.

standards and procedures relative to wrecking for which the licensee was
responsible as obtainer of the permit or as transferee of the permit, after the
Building Commissioner issued notice of a building code violation, revoked a
building permit, or issued a stop-work order and the violations causing any of
these actions remained uncorrected for a period of ten days from the date of
issuance of the building code violation, revocation of permit or stop-work order, or
in the instance where a period of ten days was not sufficient, such longer period
of time as was fixed by the Building Commissioner in writing.
(6) The licensee has consistently failed to obtain required

applicable permits for wrecking accomplished by the licensee.
(7) The licensee has consistently failed to give notice of availability

for inspection at designated stages of wrecking as required by § 150.046.
(8) The licensee has consistently failed to timely file certificates of

completion and compliance as required for wrecking accomplished pursuant to
his license.
150.074 for a license which has been issued or is delinquent in the payment of
(10) If a partnership, does not have a licensed person as a general

partner, or if a corporation does not have a licensed person as an officer.

presently has an officer who has a license under this subchapter presently
suspended or who has had such license revoked within the preceding 730 days
or a determination made of ineligibility of license renewal within the preceding
365 days.

presently has an officer who, within the previous 365 days, served as a partner in
a partnership or as an officer in a corporation licensed under this subchapter at
the time when actions related to policies or practices of the partnership or
corporation occurred which provided the primary basis on which the license of
the partnership or corporation was revoked, suspended for more than 365 days,
or a determination made of ineligibility for receipt of a successor license.
(13) Wrecking for which the licensee, holding a Type B or Type C
license, is responsible as obtainer of the permit or transferee of the permit was
performed without the licensee having the type license which is required.
(14) The licensee has attempted to conceal or has concealed violations of

building standards and procedures.
(Ord. 29-1977, passed 10-17-77)
(A) The date and place for a revocation or suspension hearing shall be
fixed by the Building Commissioner and at least ten days before such date a
written notice of the generalnature of the charges, prepared by the Building
Commissioner, and of the time and place of the hearing thereon shall be served
upon the licensee, either by hand delivery to the charged person or to a partner
of a charged partnership or officer of a charged corporation, orby certified mail
with return receipt requested, addressed to the licensee at his main place of
business as shown by the licensee's application for license or license renewal.
The ten or more days shall run from the date such notice is mailed. In the
instance where charges are made which have a similar factual basis and a
business relationship exists (as, for example, charges against two licensed
partners or charges against a licensed corporation and a corporate
officer) the Building Commissioner may hear evidence relative to two or more
charges at the same hearing.
(B) The licensee may appear in person or by counsel and produce

evidence (including testimonial and documentary evidence), make argument and
relevant evidence to be introduced. On the basis of evidence presented at the
hearing, the Building Commissioner shall make findings and enter an order in
after notice and
a copy thereof has been served upon the licensee, in the manner required for
notice of hearing.
appeal therefrom to the Mayor by service of notice of appeal upon the Mayor
either in person or by filing it at his office, with a copy thereof delivered to the
Building Commissioner. Unless such appeal is sotaken, the order of the Building
Commissioner shall be final.

designated in writing (but not an employee of the city) by the Mayor, under the
procedure prescribed by statute for hearings on the suspension or revocation of
licenses. The Mayor or his representative shall thereupon render such decision
as he finds justified and sustained by the evidence, either affirming, reversing, or
modifying the terms of the order of the Mayor. The order of the Mayor or his
representative shall be final and conclusive and be binding upon both the
licensee and upon
the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
REGISTRATION OF PLUMBING CONTRACTORS
§ 150.195 REGISTRATION.
Any person or corporation which is licensed by the State Plumbing
Commission as a plumbing contractor pursuant to Public Law 188 of the Acts of
1972, as amended, and which performs any work within the city which it is
privileged to accomplish pursuant to such license shall resister with the Building
Commissioner. Such registration shall be accomplished by annually paying a fee
specified by § 150.072 and by furnishing the following information on a form
supplied the Building Commissioner.
(1) Name of business.
(2) Legal status (whether sole proprietor, member of a partnership,

or corporation).
(3) Address of business.
(4) The identification number of the license issued by the State

Plumbing Commission.
(5) In the instance of a corporation which is a licensed plumbing

contractor, the name of all corporate officers or employees who hold a plumbing
contractors license and who are authorized by the corporation to obtain building
permits on behalf of the corporation for construction activity relative to which
state licensure as a plumbing contractor is required.
(B) Such registration shall expire on December 31 of the year of

registration, or at such earlier time as the person or the corporation is not
licensed by the State Plumbing Commission as a plumbing contractor.
(Ord. 29-1977, passed 10-17-77)
SIGNS, AWNINGS, AND THE LIKE
APPROVED. Approved by the Building Commissioner.
BANNER. Any sign of a temporary nature, made of canvas or muslin, flat

to the wall, and advertising displays of more than 100 square feet in area,
erected and maintained on a wall of a building or buildings.
BUILDING COMMISSIONER. The Building Commissioner of the city.
ERECT. Erect, construct, maintain, rebuild, repair, relocate, or otherwise

alter.
GROUND SIGN. Any sign or advertising display erected for the purpose
of displaying outdoor advertising by means of posters, pictures, pictorial or
reading matter, when the sign or advertising display is supported and held by
uprights, braces, or other structural members placed only in or upon the ground
and not attached to any part of any building.
PROJECTING SIGN or ILLUMINATED LIGHT. Any letter, word, model,

sign, device, or representation used in the sign, device, or representation used in
the nature of advertising, announcement, direction or illumination by electricity,
and extending beyond the building line or the face of the wall of a building more
than 18 inches. Projecting signs shall be divided for the purpose of this
subchapter into the following classes:
(1) PROJECTING SIGNS. Those signs affixed to the building wall

or structure and which extend more than 18 inches from the face of the wall.
(2) FLAT ELECTRIC SIGNS. Those signs attached in a rigid

manner, lying parallel to and in the same plane as the wall and which extend
more than 12 inches from the face of the wall.
ROOF SIGN. Any sign erected upon the roof of any building.
SIGN. Advertising displays, banners, ground signs, projecting signs, roof

signs, and wall signs.
WALL SIGN. Any sign, bulletin, or poster erected on or in a plane parallel

with the facing of a building wall and may be affixed to the front, rear or side wall
of any building.
(Ord. 29-1977, passed 10-17-77; Am. Ord. 2-l989, passed 5-l5-89)
§ 150.201 ADVERTISING ON CERTAIN STRUCTURES.
Advertising displays may be placed upon wooden sidewalk sheds,
toolhouses, or contractors' offices erected as an adjunct to the construction of a
building or structure by contractors or construction companies, or by any person
expecting to occupy the building or structure being constructed, upon the written
approval of the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)
§ 150.202 BANNERS.
(A) Every banner shall be erected, constructed, and maintained in a
manner which does not create a fire hazard or interfere with the operation of the
Fire Department.
(B) A banner shall advertise only wares, goods, or merchandise sold by
the owner or the occupant within the building and may be erected and
maintained for a period of 60 days after obtaining a permit thereof.
(C) Muslin advertising displays or banners for transient shows or circuses

may be posted after application to the Building Commissioner and after
compliance with the provisions of this subchapter for banners and advertising
displays.
(D) Except by special permission of the Building Commissioner, it shall be

unlawful to erect, maintain, or suspend any banner or sign or advertising display
across any street or avenue, or to maintain a banner as an advertising display
after the expiration of the 60-day period, and the illegal maintenance thereof shall
constitute a separate offense for each day thereafter.
§ 150.203 GROUND SIGNS.
(A) It shall be unlawful for any person to erect, maintain, or construct any
ground sign upon any lot or premises, or in any district, in such manner that any
portion of the ground sign is nearer to the line of any public highway than the
existing building line, as established pursuant to any provision of this chapter or
land restrictions, or by any zoning ordinance now effective or hereafter ordained,
or nearer than four feet to the side property line of the lot on which such sign is
erected, except as otherwise provided in this chapter for real estate signs. No
ground sign facing the corner of intersecting streets shall be erected on an angle
of more than 45 degrees or less than 30 degrees with either of the streets,
except by special permission of the Building Commissioner.
(B) No ground sign constructed entirely of wood shall be at any point

over 15 feet above the ground level, but when the facing of a ground sign is
constructed entirely of sheet metal, except the supports, braces, battens,
ornamental molding, platform, and decorative latticework which may be of
wooden material, it may be erected to a height of not exceeding 40 feet above
the ground level. Lighting reflectors may project six feet beyond the building line,
but in no case shall the reflectors be more than six feet from the sign which they
are designed to illuminate.
(C) Every ground sign shall have an open space of not less than two nor
more than nine feet between the lower edge of the sign and the ground level,
which space may be filled in with decorative latticework of light wooden
construction. Every ground sign shall be stoutly constructed, anchored, and
maintained in a secure and substantial manner.
(D) Any person occupying any lot or premises on which there is situated a
ground sign shall be subject to the same duties and responsibilities as the owner
of the lot and premises, with respect to keeping the premises adjoining such sign
clean, sanitary, inoffensive, lawful, and free and clear of all obnoxious substances
and unsightly conditions.
(E) No ground signboard construction of wood may be erected in Fire

Zone 1. (Ord. 29-1977, passed 10-17-77) Penalty, see § 150.999
§ 150.204 PROJECTING SIGNS.
(A) Every projecting sign must be constructed and braced to withstand a
horizontal wind pressure as required by Indiana Code for the superficial area
exposed. Every projecting sign shall be securely attached to the building wall by
iron or metal bolts, anchors, supports, chains, stranded chains, or steel rods.
(B) Signs projecting from the building wall may be extended within two
feet, six inches of the curbline, but in no case shall such sign extend more than
seven feet from or beyond the face of the building or property line, and no
projecting sign shall be, at its lowest point, less than nine feet above the sidewalk
level. However, on streets having sidewalks five feet or less in
width, projecting signs may be erected attached to a building or structure and
permitted to extend to an imaginary line projecting perpendicularly from the curb,
with the lowest point of such sign no less than 14 feet above the sidewalk level.
(C) No projecting sign shall be erected to a greater height than 80 feet

above the curb level of an adjacent street or above the cornice of any building
which is three stories or more in height.
(D) All projecting signs erected, constructed, or maintained shall be

constructed entirely of noncombustible material, approved for the purpose by the
(E) No projecting sign for which a permit is required by this chapter, and
which is now or may be erected hereafter, within the fire limits, shall be
illuminated other than by electricity.
(F) Noncombustible advertising displays, models, letter work, sign

devices, or representations used in the nature of advertising, announcement, or
direction may be hung to marquees; provided, however, such sign shall be at
least nine feet above the sidewalk level and no such advertising display shall
extend beyond or outside of the lines of the marquees.
(G) No projecting sign shall be erected hereafter when the area of one
face of such sign shall exceed 300 square feet.
(H) Turnbuckles shall be placed in all chains and guy wires supporting
projecting signs weighing 200 pounds or more, except in cases where
turnbuckles are dispensed with by special permission of the Building
Commissioner.
(I) Projecting signs shall be supported as follows:
(1) The dead load of projecting signs may be supported with

chains or guy wires, the working stress of which chains or guy wires shall not
exceed one-fifth of the ultimate strength of such chains or guy wires. The net
cross-sectional area of the supporting chains or guy wires shall not be less than
1/4-inch in diameter. Chains or guy wires supporting the dead load of any such
sign shall be erected or maintained at an angle not less than 30 degrees with the
horizontal. Supporting chains or cables may be used for the resistance of wind
pressure, and the working stress of such supporting chains or cables shall be
designed so that it will not exceed one-fifth of the ultimate breaking strength of
the chains or cables. The least cross-sectional diameter of the chains or cables
shall not be less than 1/4-inch. Supporting chains or cables resisting wind
pressure shall be erected or maintained at an angle of 45 degrees or more than
the face of the sign that the chains or cables are supporting. In no case shall
there be less than two chains or cables designed to resist the dead load and two
chains or cables on each side to resist the live load of any projecting sign having
20 square feet in one facial area. Chains or cables resisting a wind pressure on
any side of a projecting sign shall not be more than eight feet apart.
(2) All supporting chains or guy wires, where used either for the
resistance of live or dead loads shall be secured by a bolt or expansion screw
that will develop the strength of the supporting chain or cable, with a minimum
half-inch bolt or lag screw secured by an expansion shield or other method
approved by the Building Commissioner.
(3) Chains or guy wires used to support the live load or dead loads
of projecting signs, erected or maintained at an angle of more than 45 degrees,
may be fastened to masonry walls with expansion bolts or by machine screws in
iron supports. Where the supporting chains or cables must be fastened to walls
made of wood, the supporting or anchor bolts shall go through the wall and be
fastened securely on the other side.
(4) No staples or nails shall be used to secure any projecting sign

or display to any building or structure, unless the sign or display weight is less
than one pound.
(5) Stiff-arms, compression members or members in flexure may

be used to support either the live load or the dead load of a projecting sign, but
the effective or unsupporting length of the main compression members of any
sign or stiff-arm shall not exceed 120 times the least radius of gyration, and for
the secondary members of 200 times the least radius of gyration.
(6) In any projecting sign or advertising display, the extreme fiber

stress of the steel to be used shall not exceed 18,000 pounds per square inch,
and for wood the extreme fiber stress shall not exceed 1,200 pounds per square
inch of any grade lumber.
(7) All projecting signs weighing over 30 pounds shall have at least
one dead load, head lift guy attached thereto, as provided by this section.
(8) All projecting signs weighing over 150 pounds shall have at
least two dead load, head lift guys attached thereto, as provided in this section.
(9) In no case shall any advertising display support be attached to

a parapet wall.
(Ord. 29-1977, passed 10-17-77; Am. Ord. 2-l989, passed 5-l5-89; Am. Ord. 4-
1996, passed 4-15-96) Penalty, see § 150.999
§ 150.205 ROOF SIGNS.
(A) No sign shall be placed upon the roof of any building so as to prevent
the free passage from one part of the roof to any other part thereof or so as to
interfere with the openings in the roof; and no sign that is placed upon the roof of
any building shall project beyond the outer edge of the wall of such building in
any direction. All roof signs shall be so constructed as to leave a clear space of
not less than four feet between the roof level and the lowest part of the sign.
Every roof sign shall be set back at least three feet from the face of any side,
front or rear wall; and, if the sign is illuminated, overhead lighting reflectors may
project six feet beyond the building line, but in no case shall the reflector be more
than six feet from the sign which it is designed to illuminate.
(B) All roof signs shall be entirely of incombustible material, including the
uprights, supports and braces thereof, except ornamental molding and battens
behind the steel facings and decorative latticework may be of wooden
construction. All roof signs shall be constructed as to withstand a wind pressure
of not less than 30 pounds per square foot of superficial area subject to such
pressures, and when erected upon a building, the roof of which is not constructed
of fireproof material, all bearing plates of the sign shall bear directly or indirectly
upon the masonry walls thereof or upon steel girders or metal columns which are
of sufficient strength to withstand the live and dead load stresses of the roof sign.
(C) No roof sign having a tight, closed or solid surface shall be over 29
feet above the roof level at any point; and no roof sign with a tight, closed, or
solid surface shall be erected on fireproof buildings to a height of not exceeding
75 feet above the roof level and upon nonfireproof buildings to a height not
exceeding 50 feet above the roof level. The solid portions of such structures shall
not exceed 40% of the superficial area thereof. All such signs which are erected
on the roof of a fireproof building shall be thoroughly secured to the building upon
which they are installed, erected, or constructed by iron or metal anchors, bolts,
supports, chains, stranded cables, steel rods, or braces. All roof signs erected
on nonfireproof buildings shall be so erected that the live and dead load stresses
shall not in any way affect the building, but the sign shall be carried on steel
girders and columns that will resist any stresses due to the wind pressure and
load of the signs. The sign shall be thoroughly secured and anchored by iron or
metal anchors, bolts, supports, chains,
standard cables, steel rods, or braces.
(D) Every roof sign and all the supports, braces, guys, and anchors
thereof shall be kept in repair, and unless galvanized or noncorroding material is
used, the structural members shall be thoroughly and properly painted at least
once every two years.
(E) The Administrator may order the removal of roof signs that are not
maintained in accordance with this section.
(Ord. 29-l977, passed l0-17-77) Penalty, see § 150.999
§ 150.206 WALL SIGNS.
(A) A wall sign may be placed upon the front, rear, or side wall of any
building. However, such wall sign shall not extend beyond the building line more
than 18 inches and shall be safely and adequately attached to the building wall
by means of iron or metal anchors, bolts, or expansion screws of not less than
five-eighths of an inch in diameter. No wooden plugs or anchorage with wood in
connections or nails shall be considered sufficient for proper anchorage.
(B) If a wall sign is illuminated, overhead lighting reflectors may project six
feet from the face of the bulletin or sign. All reflectors extending over the
sidewalk shall be secured and safely anchored. No wall sign shall be so erected
as to cover the doors and windows of any building in common use or otherwise
prevent free ingress to or egress from the building or any fire escape.
(Ord. 29-1977, passed 10-17-77; Am. Ord. 2-1989, passed 5-15-89) Penalty,
see § 150.999
§ 150.207 WIRING.
All wiring and electrical apparatus in electric signs, of whatever character,
shall be installed in accordance with the following rules:
(A) Every electrical sign shall be constructed so as to secure ample

strength and rigidity, and shall have the receptacles so designed as to afford
permanent and reliable means to prevent possible turning. The electrical signs
shall be designed and constructed so that terminals will be at least 1/2-inch from
each other and from the metal of the sign, except that in open work this distance
shall be increased to one inch. Electrical signs shall be of weatherproof
construction and so constructed as to enclose all terminals and wiring except the
supply leads. Transformers, unless of the weatherproof type, cutouts, flashers,
and other similar devices shall be placed in a separate, completely enclosed,
accessible weatherproof box or cabinet made of metal not less than the
thickness of the sign itself, or enclosed in approved cutout boxes or cabinets.
Each compartment shall have suitable provisions for drainage through one or
more holes not less than one-quarter of an inch in diameter. Miniature
receptacles will not be approved for use in outdoor advertising displays. In every
electrical sign, the wiring shall be neatly run and made mechanically secure and
all connections shall be thoroughly soldered and all exposed parts treated to
prevent corrosion. Where sign wiring passes through walls or partitions within
the sign itself, the wiring shall be protected by standard bushings. In signs where
receptacles maintain the wire one inch from any surface, the receptacles may be
placed as much as l2 inches apart without any other support for the wire. Where
the receptacles are more than one foot apart and less than two feet apart, one
additional noncombustible, nonabsorptive insulator shall be placed halfway
between each two adjacent receptacles to maintain the wire in position. Except
as specified above, wires shall be kept at least 2-1/2 inches apart for voltage up
to 300 and four inches apart for voltages over 300. Wires on the outside of the
body of the sign shall be in standard conduits, with all fittings of approved
weatherproof type.
(B) Signs constructed with separate letters on metal screens or other

supported structures, and all signs, whether permanent or temporary, whose
sections are widely separated from each other shall be completely wired in
conduit except when, in the opinion of the Building Commissioner, other methods
may be used, but when they are exposed to the weather, the boxes shall be of
cast metal or hot galvanized sheet metal. Cabinets, cutout boxes, and fittings
shall be provided with threaded connections for the reception of the conduits
which enter them. Junction boxes shall be gasketed and made watertight with a
conduit arranged for drainage. Locknuts and bushings will not be approved for
conduit work when they are exposed to the weather.
(C) Leads from the electrical sign shall pass through the walls of the sign
and also through either standard metal conduit and armored cable, or one or
more standard, noncombustible, nonabsorbing bushing. Main feeding signs shall
be calculated for a capacity of the total connected load, figuring at least ten watts
for each receptacle. Exterior signs may be connected to interior lighting circuits
when the total load does not exceed 660 watts, but no sign may be connected to
a show window circuit. Outside signs shall be controlled by accessible switches
which shall cut off entirely all wires to the sign. All metal electric signs shall be
thoroughly grounded.
(D) All electrically illuminated signs shall bear the approving label of any
nationally recognized testing laboratory.
(E) When any sign is illuminated, the electrical work shall be done by a
licensed electrician.
(F) Signs cannot be wired with BX, but must be wired with conduit.
(Ord. 29-1977, passed l0-17-77) Penalty, see § 150.999
§ 150.208 GLASS IN SIGNS.
(A) Ornamental or plain flat glass shall not be permitted to be hung from
any canopy which extends over a public highway within the city, unless such
glass is supported at all times around the entire edge by a sub-stantial metal
supporting rib approved by the Building Commissioner; and such glass shall be
limited to l00 square inches in area within any one set of metal supporting ribs.
(B) Exposed glass in any sign shall be permitted only when the area
within any one set of metal ribs is not greater than l00 square inches for each
and every piece of exposed glass. The Building Commissioner may approve
larger areas of exposed glass when wire glass, or its equivalent, or 1/4-inch wire
mesh in front of the glass is used, but in no case shall the exposed area of the
wire glass or the wire mesh be greater than eight square feet.
(C) All metal supporting ribs in any sign shall extend over and cover at
least 1/4-inch of the portion of the surface of the glass that is to be exposed.
(D) In case a picture or fancy display is to be used in an exposed area of

any sign, not more than two open spaces of not exceeding l50 square inches
each may be permitted in one sign.
(Ord. 29-1977, passed 10-l7-77) Penalty, see § 150.999
§ 150.209 OBSTRUCTING FIRE ESCAPE WITH SIGN.
In no case may a fire escape be removed or obstructed for the erection of
any advertising display whatsoever, or for any other cause, without the written
consent of the Building Commissioner, upon written application supported by an
affidavit showing that the fire escape is no longer necessary for the public safety,
the intention of which for which it was constructed, and that the conditions of
occupancy are to remain the same thereafter. The written application and
affidavit shall remain in the records of the Building Commissioner.
(Ord. 29-1977, passed l0-17-77) Penalty, see § 150.999
§ 150.2l0 NAME OF SIGN CONTRACTOR TO BE SHOWN.
Every sign erected shall be plainly marked with the name of the person
erecting the sign.
§ 150.211 OBSCENE ADVERTISING PROHIBITED.
No advertising of immoral, obscene, seditious, or unlawful character shall
be posted, painted, or displayed upon any advertising display or any other
structure whatsoever within the city.
§ 150.212 (RESERVED).
§ 150.213 REMOVAL OF UNLAWFUL SIGNS OR DISPLAYS.
In case any sign or display shall be erected or maintained in violation of
any of the provisions of this subchapter, the Building Commissioner shall notify,
by registered mail, the owner or the lessee thereof either to alter the sign so as to
comply with this subchapter, and to secure the necessary permit therefor, or
forthwith to remove the sign. If the order is not complied with within ten days
after mailing such notice, the Building Commissioner may remove the sign at the
expense of the owner or lessee thereof, or of the owner or occupant of the
building.
STANDARDS, REGULATIONS FOR
AWNINGS, MARQUEES, AND THE LIKE
(A) For the purpose of this subchapter the following definitions shall apply
AWNING. A rooflike shelter carried by a supporting frame or arms

attached to
a building and so arranged that the shelter and frame may be folded or rolled up
to the face of the building to which it is attached.
MARQUEE. An overhanging flat rooflike protection or covering of rigid

material and construction.
PERMANENT AWNING. A sloping rooflike protection of lightweight, rigid

construction supported from a building without posts and used for the outside
protection of a door, window, or other opening.
SUPPORTED CANOPY. A covering of canvas or other combustible

material used solely for temporary shelter for a door or walk and carried by a
frame supported by the ground or sidewalk.
SUSPENDED CANOPY. A covering of canvas or other combustible

material rigidly supported by a metal frame attached to a building and suspended
from the building solely for shelter or for protection.
VENETIAN AWNING. An awning, shutter, or louver of metal, wood, or

other rigid material fabricated into sheets, strips, or slats somewhat similar to a
venetian blind, erected to shade or form an outside protection to a window, door,
or other building opening.
(B) Any construction erected primarily for shade or protection from the
elements which projects into any public area or is liable to endanger persons
using public streets or alleys, and which is not mentioned or defined specifically
herein or about which there is any question shall be classified by the Building
Commissioner.
(Ord. 29-l977, passed l0-l7-77)
No suspended canopy, permanent awning, or marquee shall be added to,
altered, or erected over the streets or alleys until a permit has been secured
therefor from the Building Commissioner.
(Ord. 29-l977, passed l0-l7-77) Penalty, see § 150.999
§ 150.2l6 APPLICABILITY OF REGULATIONS.
The regulations in this subchapter shall apply to all construction and
maintenance of awnings, permanent awnings, venetian awnings, suspended
awnings, suspended canopies, supported canopies, and marquees.
(Ord. 29-l977, passed l0-l7-77)
§ 150.217 AWNINGS.
(A) Awnings over public areas shall be arranged without posts and shall
provide a clearance of not less than seven feet from the sidewalk to the lowest
point of the framework. No part of such awning cover, including any fringe,
apron, skirt, valance, or drop, shall be less than seven feet above the surface of
the sidewalk immediately below when the awning is lowered for use. No awning
less than l3 feet above the street, alley, or sidewalk shall be closer to the vertical
plane of the curb than two feet, and in no case shall any awning project from the
face of the building more than eight feet. All awnings shall be covered with
substantial material.
(B) All fixtures, such as lateral arms, center supports, gears and pin ends,
shall be fastened to steel backing, where available, by drilling and bolting through
from the back when possible, or by drilling, tapping, and fastening with not less
than 3/8-inch machine bolts; where wood backing only is available, bolt through
from the back, wherever possible, using large washers under the heads of the
bolts, otherwise use lag screws from the front at least four inches long. When
anchorage is to be made in brick, stone, or terra-cotta, approved expansion bolts
shall be used. Lock washers shall be used on all bolts.
(C) Every awning shall be rolled or folded against the building except
when serving as a protection from the sun, rain, snow, or other inclement
weather.
§ 150.218 FABRIC-COVERED AWNINGS.
(A) (1) For fabric-covered awnings, when using steel rollers, no center
supports shall be necessary on awnings under 20 feet; over 20 feet center
supports shall be spaced as follows:
Number of
Awning Length Supports Required
20 to 30 feet 1
30 to 40 feet 2
40 to 60 feet 3
(2) One additional center support shall be required for each

additional 15 feet or fraction thereof.
(B) On fabric-covered awnings having an extension of four feet or more

from the point of fastening on the building, 3/4-inch, inside diameter, galvanized
pipe extension arms shall be used. All extension bars shall be galvanized and
shall not be less than 5/8-inch in diameter. Two arms shall be used for awnings
not over 20 feet in length. On awnings over 20 feet, a center arm must be
provided for each additional eight feet or fraction thereof, added to the length of
the awning.
(C) (1) Fabric-covered awnings suspended on lateral arms shall require

the following number of arms:
Number of
Awning Length Arms Required
0 to 22 feet 2
22 to 30 feet 3
30 to 40 feet 4
(2) One additional arm for each ten feet or fraction thereof
thereafter; wherever possible an even number of lateral arms shall be used.
(D) Front bars shall be galvanized one-inch, inside diameter, pipe or

grade A clear fir or comparable timber dressed to size two inches by three
inches, with the corners properly leveled.
(E) Roller awnings shall be operated by self-locking, steel cut, worm-type

gear fixtures; roller sprocket wheels and link chains shall not be permitted.
§ 150.219 VENETIAN AWNINGS.
(A) No awning, shutter, or louver of metal, wood, or other rigid material
shall be erected or maintained in such a way that it will impede the entrance into
the building of members of the fire force, or in such a manner that it will bar the
way of persons seeking to escape from fire or panic in a building; and no shutter
or louver of this type shall be placed in any opening giving access to a fire
escape or other intended means of escape. No fixed frame shall be placed on
any window or door opening in an assembly hall or public hallway in an
apartment or hotel building.
(B) No venetian awning, shutter, or louver of metal, wood, or other rigid

material weighing over one pound per square foot shall be attached to the wood
jambs, frame, or other wood members of a building, frame building excepted,
when the building is within ten feet of public property.
(C) All venetian awnings erected above the first story shall be equipped
with at least one safety chain securely fastened to the awning and frame.
§ 150.220 APPROVAL OF CERTAIN AWNING DESIGNS.
The design, construction, and erection details of all awnings other than
those specifically provided for in this subchapter, shall be submitted to the
Building Commissioner for approval before any construction work is started.
(Ord. 29-l977, passed l0-l7-77)
§ 150.221 SUSPENDED CANOPIES.
(A) Suspended canopies may extend over public sidewalks; provided,
however, a suspended canopy not over ten feet in width, measured parallel to the
building, may extend a distance not to exceed l2 feet, but in no case shall the
outer edge of the canopy extend closer to the vertical plane of the curb than two
feet nor shall it come within two feet of the property line, extended toward the
curb.
(B) All suspended canopies shall be securely and rigidly supported

throughout by metal framework and maintained so that no part of the framework
of such canopy shall be less than eight feet above the surface of the sidewalk
immediately below and no part of the canopy covering, including any fringe,
apron, skirt, valance or drop, shall be less than seven feet above the surface of
the sidewalk immediately below.
§ 150.222 SUPPORTED CANOPIES.
(A) A supported canopy may be erected for a period of not to exceed
seven days when approved by the Building Commissioner, if the fee therefor has
been paid and the permit secured; provided, however, a supported canopy may
be erected for a period not to exceed 24 hours and no permit or fee will be
required.
(B) All supported canopies shall be adequately supported and braced and
shall be safely maintained and well-lighted at night. The abutting property
owners shall save the city harmless from all claims of every kind or nature arising
out of the erection, use, and dismantling of a supporting canopy over public
property.
§ 150.223 MARQUEES.
Marquees extending over public property shall have their main framework
and support of noncombustible material and shall be designed by a structural
engineer and approved by the Building Commissioner. Marquees shall have a
clearance of at least ten feet above public property, shall not extend closer to the
vertical plane of the face of the curb than two feet, nor shall they come within two
feet of the adjoining side property line, extended toward the curb. Marquees
extending not further than two feet from the front building line may have a
clearance above public property of not less than eight feet and, except in Fire
Zone 1, may be built of combustible materials; marquees may also extend to the
side property line. The roofs of all
marquees shall be so drained as not to discharge water upon the public
sidewalk.
§ 150.224 PERMANENT AWNINGS.
Permanent awnings which extend over public property shall be of rigid
construction of either combustible or noncombustible material, so designed that
the roof portion shall be partly open to insure release of air pressure built up
under the awning. All parts of the roof shall have a slope of not less than 15
degrees with the horizontal. The structure shall be braced and securely fastened
with bolts or lag screws to the building to which it is attached. The method of
construction and attachment shall be approved by the Building Commissioner.
No part of any permanent awning shall be closer than seven feet from the face of
the building to which it is attached. No awning of this description within l3 feet of
the walkway shall be closer than two feet from the vertical plane of the curb.
§ 150.225 ADVERTISING.
No awning, permanent awning, suspended canopy, or supported canopy
shall have upon it any advertising whatsoever except the owner's name or the
street number.
§ 150.226 CONTRACTOR'S NAME TO APPEAR ON CANOPY OR AWNING.
Every awning, permanent awning, suspended canopy, and supported
canopy erected over any sidewalk shall bear the name and address, on a tag or
stencil not exceeding 36 inches, of the person erecting or installing the same.
(Ord. 29-l977, passed l0-l7-77)
§ 150.227 CANOPIES NOT TO INTERFERE WITH FIRE ESCAPES OR
UTILITIES.
Suspended or supported canopies, permanent awnings, or marquees
shall not interfere with fire escapes or with public utilities.
(Ord. 29-l977, passed l0-l7-77)
SIGN PERMITS
§ 150.235 WHEN REQUIRED.
(A) No sign shall be erected by any person without first obtaining a permit
therefor.
(B) No sign erected shall be altered, rebuilt or relocated without being

altered, rebuilt, or relocated so as to comply with the requirements of this chapter
and without a permit therefor having been first obtained.
(C) A permit shall not, however, be required in the following cases:
(1) Real estate signs advertising real estate for sale or for rent,
provided such signs do not exceed 25 square feet in area;
(2) Banners or other temporary advertising displays of less than

l00 square feet in area, not erected over a public highway;
(3) The painting of an advertising display over any wall or window;

(4) Advertising displays less than 20 square feet maintained flat
against a wall of a sidewalk shed, toolhouse or contractor's office, and where not
otherwise in violation of this chapter.
(Ord. 29-l977, passed l0-l7-77; Am. Ord. 2-l989, passed 5-l5-89) Penalty, see §
150.999
§ 150.236 APPLICATION.
No permit required by this subchapter shall be issued until an application
therefor has been filed with and approved by the Building Commissioner,
showing the plans and specifications, if required, of the proposed sign, including
the dimensions, materials, and details of construction and a full compliance with
all the requirements of this chapter relating to the structure.
(Ord. 29-l977, passed l0-l7-77)
§ 150.237 FEES.
No permit required by this subchapter shall be issued until the applicant
therefor shall have paid the fee for the permit as required by §§ 150.245 through
150.247.
(Ord. 29-l977, passed l0-l7-77)
SIGN INSPECTION FEES
§ 150.245 PERMIT FEES FOR THE ERECTION OF SIGNS AND
ADVERTISING DISPLAYS.
The fees to be charged for the erection of all signs or advertising displays
shall be as follows:
(A) Ground signs, projecting signs and roof signs:
(2) General rate, $1 per square foot of gross area of display.
(B) Wall signs, flat electric signs, banners and all other signs not listed in
division (A) above:
(2) General rate, $1 per square foot of gross area of display.

(Ord. 29-l977, passed l0-l7-77; Am. Ord. 2-l989, passed 5-l5-89)
§ 150.246 PERMIT FEES FOR MARQUEES AND AWNINGS OVER PUBLIC
PROPERTY.
(A) Minimum fee, $35.
(B) General rate, $l0 per l00 square feet.

(Ord. 29-l977, passed l0-l7-77; Am. Ord. 2-l989, passed 5-l5-89)
§ 150.247 (RESERVED).
§ 150.248 CONDITIONS OF LICENSE.
In granting any license under §§ 150.202 through 150.248, the Building
Commissioner may attach such reasonable conditions to the license, including
but not limited to insurance coverage, as he determines to be in the best interest
of the public health, safety, and welfare.
(Ord. l0-l986, passed 8-4-86)
ADMINISTRATION, ENFORCEMENT
§ 150.255 ADMINISTRATION, TERRITORIAL APPLICATION.
(A) The Building Commissioner of the city shall administer and enforce
the provisions of this chapter.
(B) This chapter shall be applicable throughout the territorial limits of the
city.
(Ord. 29-l977, passed l0-l7-77)
Inspection of buildings authorized, see IC 36-7-2-3
§ 150.256 FAILURE TO FILE A PROPER CERTIFICATE OF COMPLETION
AND COMPLIANCE.
Any person, partnership, or corporation which, being required to do so,
fails to file with the Building Commissioner a certificate of completion and
compliance in accordance with §§ 150.035 through 150.037 or 150.048(B)(2) of
this chapter or who files a certificate of completion and compliance which is false
in material respect shall not be eligible to subsequently obtain a building permit
until a proper certificate of completion and compliance is filed. This sanction
shall in no way limit the operation of penalties provided elsewhere in this chapter.
(Ord. 29-l977, passed l0-l7-77)
§ 150.257 AUTHORITY TO WITHHOLD PERMITS.
Whenever a person, partnership, or corporation which is either an
applicant for or obtainer of a building permit owes fees (including checks returned
for insufficient funds and permit fees owed pursuant to § 150.021 to the Building
Commissioner's office pursuant to this chapter or has failed to maintain the bond
and insurance requirements of this chapter, the Building Commissioner is
authorized to withhold the issuance of subsequently requested permits until such
time that the debt is satisfied or the bond and insurance requirements are
satisfied.
(Ord. 29-l977, passed l0-l7-77)
§ 150.258 REVOCATION OF PERMITS.
(A) The Building Commissioner may revoke a building permit where the
application,
plans, supporting documents or other information required by this chapter reflect
either:
(1) A false statement or misrepresentation as to a material fact;
(2) Lack of compliance with building standards and procedures;
(3) A failure to comply with the requirements of §§ 150.0l6, 150.0l7,

or 150.021;
(4) Failure of contractor to maintain the surety bond or insurance
required as a condition to his licensure or listing;
(5) Failure of contractor to maintain the insurance required by §

150.017 as a prerequisite for obtaining a building permit for demolition or removal
of a structure in excess of 75 feet in height.
(B) This sanction shall in no way limit the operation of penalties provided
elsewhere in this chapter.
(Ord. 29-l977, passed l0-l7-77)
§ 150.259 FEES FOR PERMITS OBTAINED AFTER COMMENCEMENT OF
WORK.
If work for which a permit is required by this chapter has been commenced
by the obtainer without compliance with the provisions of § 150.0l5 the permit fee
shall be double the applicable amount stated in §§ 150.065 through 150.077; and
if work for which a permit is required is completed or substantially completed by
the obtainer without compliance with the provisions of § 150.015, the permit fee
shall be ten time the applicable amounts stated in §§ 150.065 through 150.077;
provided, that the maximum fee incurred under this section shall be $300 plus
the amount of the normal fee for the permit. This sanction shall in no way limit the
operation of penalties provided elsewhere in this chapter.
(Ord. 29-l977, passed l0-l7-77)
§ 150.260 STOP-WORK ORDERS.
(A) Whenever the Building Commissioner or his authorized representative
discovers the existence of any of the circumstances listed below, he is
empowered to issue an order requiring the suspension of the pertinent
construction activity. The stop-work order shall be in writing and shall state to
which construction activity it is applicable and the reason for its issuance. The
stop-work order shall be posted on the property in a conspicuous place and, if
conveniently possible, shall be given to the person doing the construction and to
the owner of the property or his agent. The stop-work order shall state the
conditions under which construction may be resumed.
(1) Construction activity is proceeding in an unsafe manner

including, by way of example and not of limitation, in violation of any standard set
forth in this chapter or any state standard pertaining to safety during construction.
(2) Construction activity occurring in violation of building standards

and procedures or in such a manner that if construction is allowed to proceed,
there is a reasonable probability it will be substantially difficult to correct the
violation.
(3) Construction activity has been accomplished in violation of

building standards and procedures and a period of time which is one half the time
period in which construction could be completed, but no longer than 15 calendar
days has elapsed since written notice of the violation or noncompliance was
either posted on the property in a conspicuous place or given to the person doing
the construction, without the violation or noncompliance being corrected.
(4) Construction activity for which a building permit is required is

proceeding without a building permit being in force. In such an instance, the
stop-work order shall indicate that the effect of this order terminates if the
required building permit is obtained.
(5) Construction activity for which a building permit was issued

more than 30 days earlier is proceeding without there being in force applicable
permits and approvals required by governmental units (including, but not limited
to, Department of Public Safety, Department of Public Works, Department of
Transportation, Health and Hospital Corporation of Marion County, State Board of
Health, State Department of Natural Resources, State Highway Department) for
compliance with standards for air quality, drainage, flood control, fire safety,
vehicular access, and waste treatment and disposal on the real estate on which
the structure is located. In such an instance, the stop-work order shall indicate
that the order is applicable to all construction activity allowed by the building
permit and that the effect of the order terminates if the required permits and
approvals are obtained.
(6) Construction activity is occurring for which a certificate of

appropriateness from the State Historical Preservation Commission pursuant to
IC 36-7-11.1-1 et seq. without a certificate of appropriateness being in force. In
such an instance, the stop-work order shall indicate that the effect of the order
terminates if the required certificate of appropriateness is obtained.
(Ord. 29-l977, passed l0-l7-77)
§ 150.261 ORDER FORBIDDING OCCUPANCY.
(A) The Building Commissioner or his authorized representative is
empowered to issue an order forbidding the occupancy of any structure or part of
any structure, if:
(1) The structure or applicable part of the structure is unoccupied.
(2) Some construction activity for which a building permit is

required has been accomplished on the structure or applicable part of the
structure within the previous l80 days.
(3) Construction activity on the structure or applicable part of the

structure is not yet completed or has occurred in violation of applicable building
standards and procedures.
(4) The stage of completion or nature of violation is such that
occupation of the structure or applicable part of the structure would pose a
significant threat to the health or safety of persons. The order forbidding
occupancy shall be in writing specifying whether it is applicable to the entire
structure or to only a part of the structure in a conspicuous place and, if
conveniently possible, shall be given to the owner of the property or his agent
and to any person doing work on the premises. The order forbidding occupancy
shall state the conditions under which the structure or part of the structure may
be occupied.
(Ord. 29-l977, passed l0-l7-77)
§ 150.262 FORFEITURE OF BONDS.
(A) Actions for the forfeiture of bonds can be commenced in two ways:
(1) The Building Commissioner may deliver the bond of a

contractor to the City Attorney who may initiate proceedings to forfeit a bond:
(a) As a penalty whenever any listing or license issued

pursuant to this chapter is suspended or revoked.
(b) As a penalty for repeated code violations by a contractor,

his agents, or employees.
(c) To indemnify the city against any loss, damage, or

expense sustained by the city by reason of the conduct of the contractor, his
agents, or employees.
(d) To secure payment of any fees owed to the city pursuant

to this chapter which have become delinquent, after reasonable notice has been
given to the contractor of the delinquency.
(2) A person, partnership, or corporation which holds a property

interest in real estate on which construction activity has occurred may, through
counsel, bring an action against the bond for expenses necessary to complete
construction activity or correct code deficiencies therein after written notice of the
code deficiency has been given to the contractor and after the contractor is given
a reasonable opportunity to complete or correct performance. If such a person,
partnership, or corporation prevails in any action brought under this section, he
may also be allowed by the court to recover as part of the judgment a sum equal
to the aggregate amount of costs and expenses (including attorney fees based
on actual time expended) determined by the court to have been reasonably
incurred by the plaintiff for or in connection with the commencement and
prosecution of such action, unless the court in its discretion shall determine that
such an award of attorneys fees would be inappropriate.
(B) Upon forfeiture of this bond or any part thereof, the person,
partnership, or corporation so penalized shall be required to replenish, maintain,
and satisfy the statutory amount required by applicable provision of this chapter.
(Ord. 29-l977, passed l0-l7-77)
City authorized to impose bonds, see IC 36-7-2-4
§ 150.263 CIVIL ACTION.
(A) The city may initiate a civil action in a court of competent jurisdiction
to restrain any person, partnership, or corporation from violating a provision of
this chapter or any building standard or procedure. The purposes for which
injunctive relief may be obtained shall include, but not be limited to:
(1) Preventing a person, partnership, or corporation which is not

licensed as an electrical contractor, heating and cooling contractor, or wrecking
contractor, is not a registered plumbing contractor or is not a listed contractor
from engaging in construction activity for which such licensure registration or
listing is required by this chapter.
(2) Enforcing the provisions of a stop-work order issued pursuant

to § 150.260.
(3) Enforcing the provisions of an order forbidding occupancy

issued pursuant to § 150.261.
(4) Preventing work in violation of a building standard or

procedure.
(5) Requiring the reconstruction of any structure or building

equipment, or part thereof, which was constructed in violation of building
standards or procedures.
(6) Preventing use of a tent enclosing more than 1,500 square feet,
air-supported structure enclosing more than 1,500 square feet, or amusement
device upon which persons are conveyed, which does not comply with standards
stated in § 150.057.
(Ord. 29-l977, passed l0-l7-77)
UNSAFE BUILDINGS
§ 150.270 TITLE.
Under the provisions of IC 36-7-9, there is hereby established the City
Unsafe Building Subchapter.
(Ord. 1-1988, passed 5-2-88)
§ 150.271 ADOPTION OF RULES BY REFERENCE.
IC 36-7-9-1 through 36-7-9-28 is hereby incorporated by reference in the
City Unsafe Building Subchapter. All proceedings within the city for the
inspection, repair, and removal of unsafe buildings shall be governed by said law
and the provisions of this subchapter. In the event the provisions of this
subchapter conflict with the provisions of IC 36-7-9-1 through 36-7-9-28, then the
provisions of the state statute shall control.
(Ord. 1-1988, passed 5-2-88)
The description of an unsafe building contained in IC 36-7-9-4 is hereby
supplemented to provide minimum standards for building conditions or
maintenance in the city by adding the following definition:
UNSAFE BUILDING. Any building or structure which has any or all of the
conditions or defects hereinafter described, provided that such conditions or
defects exist to the extent that life, health, property, or safety of the public or its
occupants are endangered.
(A) Whenever any door, aisle, passageway, or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
(B) Whenever the walking surface of any aisle, passageway, stairway, or

other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not
provide safe and adequate means of exit in case of fire or panic.
(C) Whenever the stress in any materials, member, or portion thereof, due
to all dead and live loads, is more than one and one-half times the working stress
or stresses allowed for new buildings of similar structure, purpose, or location.
(D) Whenever any portion of a building, or any member, appurtenance, or

ornamentation on the exterior thereof is not of sufficient strength or stability or
is not so anchored, attached, or fastened in place so as to be capable of resisting
a wind pressure of one-half of that specified for new buildings of similar structure,
purpose, or location without exceeding the working stresses permitted for such
buildings.
(E) Whenever any portion thereof has wracked, warped, buckled, or

settled to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case of similar
new construction.
(F) Whenever the building or structure, or any portion thereof, because of

(1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal,
movement, or instability for any portion of the ground necessary for the purpose
of supporting such building; (4) the deterioration, decay, or inadequacy of its
foundation; or (5) any other cause, is likely to partially or completely collapse.
(G) Whenever, for any reason, the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being used.
(H) Whenever the exterior walls or other vertical structural members list,
lean, or buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third of the base.
(I) Whenever the building or structure, exclusive of the foundation, shows

33% or more damage or deterioration of its supporting member or members, or
50% damage or deterioration of its nonsupporting members, enclosing or outside
wall or coverings.
(J) Whenever the building or structure has been so damaged by fire,

wind, earthquake, or flood or has become so dilapidated or deteriorated so as to
become (1) an attractive nuisance to children, or (2) freely accessible to persons
for the purpose of committing unlawful acts.
(K) Whenever any building or structure has been constructed, exists, or is

maintained in violation of any specific requirement or prohibitation applicable to
such building or structure provided by the building regulations of the city, or any
law or ordinance of this state or the city relating to the condition, location, or
structure of buildings.
(L) Whenever any building or structure which, whether or not erected in

accordance with all applicable laws and ordinances has in any nonsupporting
part, member, or portion less than 50%, or in any supporting part, member, or
portion less than 60% of the (1) strength, (2) fire-resisting qualities or
characteristics, or (3) weather resisting qualities or characteristics required by
law in the case of a newly constructed building of like area, height, and
occupancy in the same location.
(M) Whenever a building or structure, used or intended to be used for

dwelling purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction, or arrangement, inadequate light, air, or sanitation
facilities, or otherwise, is determined by the County Health and Hospital
Corporation to be unsanitary, unfit for human habitation, or in such a condition
that is likely to cause sickness or disease.
(N) Whenever a building or structure, because of obsolescence,

dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient
fire-resistive construction is determined by the Fire Chief to be a fire hazard.
(O) Whenever any portion of a building or structure remains on site after
the demolition or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
The definition of SUBSTANTIAL PROPERTY INTEREST set forth in IC

36-7-9-2 is hereby incorporated by reference herein as if copied in full.
(Ord. 1-1988, passed 5-2-88)
§ 150.273 PUBLIC NUISANCE; ENFORCEMENT.
(A) Any premises which fail to meet the minimum standards set forth
herein after inspection by the Building Commissioner or are determined to be
unsafe as defined in § 150.272 shall be deemed a public nuisance and constitute
a violation of the city Code of Ordinances.
(B) Any building which has remained vacant, or boarded, for a period of
one year or more shall be deemed a public nuisance and constitute a violation of
the city Code of Ordinances. This subsection applies whether the boarding was
ordered under IC 36-7-9-5, or Section 537.7 and 537.10 of the Revised Code of
the Consolidated City and County.
(C) The owner of any premises or building deemed a public nuisance

pursuant to this section shall be subject to remedial action under IC 36-7-9-1 et
seq., and shall be abated by rehabilitation, demolition, or removal.
(D) Each date the violation continues constitutes a separate violation.
(E) A building deemed a public nuisance pursuant to subsection (B)

above, and the premises on which it is located, shall be presumed to be
abandoned. If there is a failure to rebut this presumption during the course of an
enforcement proceeding, then the court shall, upon request, order the premises
forfeited, with title and interest to vest in the plaintiff City of Beech Grove.
§ 150.274 REMEDIAL ACTION; ENFORCEMENT.
(A) The Building Commissioner, as chief administrative officer of the City
Building Department, shall be authorized to administer and to proceed under the
provisions of this chapter or IC 36-7-9-5 in ordering the repair or removal of the
buildings found to be unsafe as specified therein or as specified hereafter.
(B) Whenever in the building regulations of the city or the City Unsafe
Building Subchapter it is provided that anything must be done to the approval of
or subject to the direction of the Building Commissioner or any other officer of
thecity, this shall be construed to give such officer only the discretion of
determining whether the rules and standards established by this subchapter have
been complied with; and no such provisions shall be construed as giving any
officer discretionary powers as to what such regulations or standards shall be, or
the power to require conditions not prescribed by this subchapter, or the power to
act in an arbitrary or discretionary manner.
(C) Orders or portions of orders issued by the city under IC 36-7-9-5

requiring an owner to bring his premises into compliance with the standards set
forth herein shall be complied with by the time specified in the order, or as
extended by the hearing authority acting under IC 36-7-9-6. However, an order,
other than an order requiring immediate boarding, shall provide the owner at
least 33 days from the mailing of the order to comply or to prepare for an
administrative hearing.
(D) Failure of an owner to comply within the time specified in the order
shall constitute a violation of the code. Each day that the violation continues
constitutes a separate offense and upon conviction thereof shall be punishable
by fines not exceeding $500 for each violation.
(Ord. 1-1988, passed 5-2-88; Am. Ord, 1-1997, passed 5-5-97)
§ 150.275 WORKMANSHIP.
All work for the reconstruction, repair, or demolition of buildings and other
structures shall be performed in a good workmanlike manner according to the
accepted standards and practices in the trade. The provisions of the building
laws, as defined in IC 22-12-1-3, adopted as rules of the Fire Prevention and
Building Safety Commission, shall be considered standard and acceptable
practice for all matters covered by this subchapter or orders issued pursuant to
this subchapter by the Building Commissioner of the city.
(Ord. 1-1988, passed 5-2-88)
§ 150.276 UNSAFE BUILDING FUND.
An Unsafe Building Fund is hereby established in the operating budget of
the city in accordance with the provisions of IC
36-7-9-14.
(Ord. 1-1988, passed 5-2-88)
§ 150.277 HISTORIC PRESERVATION.
The construction, reconstruction, alteration or demolition of any structure
or portion thereof which may be required by the provisions of these standards
shall be done in accordance with IC 36-7-11.1 et seq., "Historic Preservation in
Marion County," and with the plans, bylaws and rules of the Indianapolis Historic
Preservation Commission.
(Ord. 1-1997, passed 5-5-97)
FIRE PREVENTION AND BUILDING SAFETY REGULATIONS
§ 150.280 PURPOSE.
The purpose of this subchapter is to provide minimum standards for the
protection of life, environment, public safety, and general welfare, and for
conservation of energy in the design and construction of buildings and structures.
(Ord. 3-1988, passed 5-16-88)
§ 150.281 SCOPE.
The provisions of this subchapter apply to the construction, alteration,
repair, use, occupancy, and addition to all buildings and structures, other than
industrial building systems or mobile structures certified under IC 22-15-4, in the
city.
(Ord. 3-1988, passed 5-16-88)
§ 150.282 ADOPTION OF RULES BY REFERENCE.
(A) Building rules of the State Fire Prevention and Building Safety
Commission as set out in the following Articles of Title 675 of the State
Administrative Code are hereby incorporated by reference in this subchapter and
shall include later amendments to those Articles as the same are published in
the State Register of the StateAdministrative Code with effective dates as fixed
therein. Refer to § 150.002 for a complete list of codes and rules.
(B) Copies of adopted building rules, codes, and standards are on file in
the office of the City Clerk-Treasurer.
§ 150.283 AUTHORITY.
The Building Commissioner is hereby authorized and directed to
administer and enforce all of the provisions of this subchapter. Whenever in this
subchapter it is provided that anything must be done to the approval or subject to
the direction of the Building Commissioner or any other officer of the city, this
shall be construed to give such officer only the discretion of
determining whether this subchapter has been complied with; and no such
provision shall be construed as giving any officer discretionary powers as to what
this subchapter shall be, or power to require conditions not prescribed by
ordinances or to enforce this subchapter in an arbitrary or discriminatory manner.
Any variance from adopted building rules are subject to approval under IC 22-13-
2-7(b).
(Ord. 3-1988, passed 5-16-88)
§ 150.284 APPLICATION FOR PERMITS.
No building permit shall be issued for the foregoing purposes, unless the
application for a permit is accompanied by a plat or sketch of the proposed
location showing lot boundaries, and by plans and specifications showing the
work to be done. In addition, a copy of a design release, issued by the State
Building Commissioner and the State Fire Marshal pursuant to IC 22-15-3-1 shall
be provided to the Building Commissioner before issuance of a permit for
construction covered by such design release.
(Ord. 3-1988, passed 5-16-88)
(A) A permit shall be obtained before beginning construction, alteration, or
repair of any building or structure, the cost of which exceeds $500, using forms
furnished by the Building Commissioner, and all fees required by the Building
Code shall be paid to the city.
(B) All work done under any permit shall be in full compliance with all
other ordinances pertaining thereto, and in addition to the fees for permits, there
shall be paid the fees prescribed in such ordinance.
(Ord. 3-1988, passed 5-16-88)
§ 150.286 REVIEW OF PERMIT APPLICATION.
Prior to the issuance of any building permit, the Building Commissioner
shall:
(A) Review all building permit applications to determine full compliance

with the provisions of the Building Code.
(B) Review all building permit applications for new construction or

substantial improvements to determine whether proposed building sites will be
reasonably safe from flooding.
(C) Review building permit applications for major repairs within the flood
plain area having special flood hazards to determine that the proposed repair (1)
uses construction materials and utility equipment that are resistant to flood
damage, and (2) uses construction methods and practices that will minimize
flood damage.
(D) Review building permit applications for new construction or

substantial improvements within the flood plain area having special flood hazards
to assure that the proposed construction (including prefabricated and mobile
homes) (1) is protected against flood damage; (2) is designed (or modified) and
anchored to prevent flotation, collapse, or lateral movement of the structure, flood
damage, and (3) uses construction methods and practices that will minimize
flood damage.
(Ord. 3-1988, passed 5-16-88)
(A) After the issuance of any building permit, the Building Commissioner
shall make, or shall cause to be made, inspections of the work being done as are
necessary to insure full compliance with the provisions of the Building Code and
the terms of the permit. Reinspections of work found to be incomplete or not
ready for inspection are subject to assessment of reinspection fees as prescribed
in the Building Code.
(B) The Chief of the Fire Department, or his designated representative,

shall assist the Building Commissioner in the inspection of fire suppression,
detection, and alarm systems and shall provide reports of such inspection to the
(Ord. 3-1988, passed 5-16-88)

§ 150.288 ENTRY.
Upon presentation of proper credentials, the Building Commissioner or his
duly authorized representative may enter at reasonable times any building,
structure, or premises in the city to perform any duty imposed upon him by the
Building Code.
(Ord. 3-1988, passed 5-16-88)
§ 150.289 STOP ORDER.
Whenever any work is being done contrary to the provisions of the
Building Code, the Building Commissioner may order the work stopped by notice
in writing served on any persons engaged in the doing or causing such work to
be done, and any such persons shall forthwith stop such work until authorized by
the Building Commissioner to proceed with the work.
(Ord. 3-1988, passed 5-16-88)
§ 150.290 CERTIFICATE OF OCCUPANCY.
No certificate of occupancy for any building or structure constructed after
the adoption of the Building Code shall be issued unless such building or
structure was constructed in compliance with the provisions of the Building Code.
It shall be unlawful to occupy any such building or structure unless a full, partial,
or temporary certificate of occupancy has been issued by the Building
Commissioner.
§ 150.291 WORKMANSHIP.
All work on the construction, alteration, and repair of buildings and other
structures shall be performed in a good and workmanlike manner according to
accepted standards and practices in the trade.
(Ord. 3-1988, passed 5-16-88)
§ 150.292 RIGHT OF APPEAL.
All persons shall have the right to appeal any order of the Building
Commissioner first through the Board of Public Works of the city and then to the
State Fire Prevention and Building Safety Commission in accordance with the
provisions of IC 22-13-2-7 and IC 4-21.5-3-7.
(Ord. 3-1988, passed 5-16-88)
§ 150.293 REMEDIES.
The Building Commissioner shall in the name of the city bring actions in
the Municipal or Superior Courts of the county, for mandatory and injunctive relief
in the enforcement of and to secure compliance with any order or orders made
by the Building Commissioner, and any such action for mandatory or injunctive
relief may be joined with an action to recover the penalties provided for in the
Building Code.
(Ord. 3-1988, passed 5-16-88)
§ 150.294 VIOLATIONS.
It shall be unlawful for any person, firm, or corporation, whether as owner,
lessee, sublessee, or occupant to erect, construct, enlarge, alter, repair, improve,
remove, convert, demolish, equip, use, occupy, or maintain any building or
structure, other than fences, in the city or cause or permit the same to be done,
contrary to or in violation of the provisions of the Building Code.
§ 150.999 GENERAL PENALTY.
(A) Any person, partnership, or corporation violating any provision of this
chapter for which another penalty is not otherwise provided or any building
standard or procedure thereof shall be guilty of a punishable offense and may be
subject to a fine in any sum not exceeding $1,000. This penalty shall in no way
limit the operation of special penalties for specific provisions of this chapter, nor
shall such special penalties in any way limit the operation of this general penalty.
(Ord. 29-l977, passed l0-l7-77)
(B) No person, firm, or corporation, whether as owner, lessee, sublessee,

or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove,
demolish, equip, use, occupy, or maintain any building or premises, or cause or
permit the same to be done, contrary to or in violation of any of the provisions of
§§ 150.270 through 150.276 or any order issued by the Building Commissioner.
Any person violating the provisions of §§ 150.270 through 150.276 or IC 36-7-9-
28 shall commit a Class C infraction for each day such violation continues.
(Ord.1-1988, passed 5-2-88)
(C) If any person, firm, or corporation shall violate any of the provisions of
§§ 150.280 through 150.294, or shall do any act prohibited therein, or shall fail to
perform any duty lawfully enjoined, within the time prescribed by the Building
Commissioner, or shall fail, neglect, or refuse to obey any lawful order given by
the Building Commissioner in connection with the provisions of §§ 150.280
through 150.294 for each such violation, failure, or refusal, such person, firm, or
corporation shall be fined in any sum not less than $50 nor more than $100.
Each day of such unlawful activity as is prohibited by the first sentence of this
subsection shall constitute a separate offense. (Ord. 3-1988, passed 5-16-88)
CHAPTER 151: HOUSE TRAILER
Section
151.01 Definitions
151.02 Parking permitted; exceptions
151.99 Penalty
TEMPORARY PARKING. A period of time not exceeding 24 hours.
TRAILER. Any vehicle or structure designed and constructed in a manner

as to permit occupancy as sleeping quarters for one or more persons, or the
conduct of any business or profession, occupation, or trade, or use as a selling or
advertising device, and so designed that it is or may be mounted on wheels or
used as a conveyance on a highway, propelled or drawn by its own or other
motive power.
TRANSIENT PARKING. A temporary parking or location of a trailer

necessarily involved in the accomplishment of a specific purpose within a
specified time.
('67 Code, § 151.01) (Ord. 3-1952, passed 3-17-52)
§ 151.02 PARKING PERMITTED; EXCEPTIONS.
(A) Parking trailer. No person shall park or locate, for residence or
business purposes, any trailer on any street, alley, or highway, or other public
place, or in any lot, parcel, or tract of real estate within the corporate limits of the
city except as provided in division (B) below and § 151.04.
('67 Code, § 151.02(A))
(B) Temporary and transient parking.
(1) Temporary parking of any trailer upon the city streets or alleys
shall be lawful provided all city and state traffic ordinances are complied with.
(2) Transient parking shall be lawful within the corporate limits if

any transient desiring to park a trailer makes application for and obtains from the
Clerk-Treasurer a permit for such transient parking for a definite period of time
not to exceed l4 days.
(3) Any parking of any trailer on the streets or alleys of the city, or
transient parking otherwise than as provided for in this section shall be unlawful.
('67 Code, § 151.03)
(Ord. 3-1952, passed 3-17-52)
(C) For provisions concerning the storage or parking of mobile homes,

recreational vehicles, campers, utility trailers, boat trailers, cars, trucks, trailers,
or other vehicles in residential areas, see §§ 71.80 through 71.82. (Ord. 7-1990,
passed 10-15-90)
(D) For provisions concerning the storage or parking of automobiles,

motorcycles, boats, boat trailers, house cars, mobile homes, trailers, vans,
campers, pickup trucks, trucks, and any other motor vehicles on city streets and
alleys, see §§ 71.90 and 71.91. (Ord. 8-1990, passed 10-15-90)
§ 151.99 PENALTY.
Any person violating any provision of this chapter shall, upon conviction,
be fined not less than $l0 nor more than $300. Any violation of this chapter
continuing from day to day shall be a continuing violation and each day's violation
thereof shall be considered a separate offense.
('67 Code, § 151.99) (Ord. 3-1952, passed 3-17-52)
CHAPTER 152: ENCROACHMENTS AND LICENSING
Section
152.01 Definition
152.02 Jurisdiction
152.03 When license required
152.04 Petition for license
152.05 Investigation of petition; recommendation as to license
152.06 Conditions of license
152.07 Revocation
152.08 Appeal from action taken by Board of Public Works and Safety
152.09 Application and license fees
152.10 Enforcement
For the purpose of this chapter the following definition shall apply unless
ENCROACHMENT. Shall mean and include any unprivileged trespass or

intrusion by an inanimate object on or upon the real, personal, or mixed
properties, possessions, rights, or things owned or controlled by the city;
however, if one or more encroaching objects are attached to and form a part of
the same structure or thing, taken collectively, they shall be considered as only
one encroachment. This chapter shall not include banners, signs, awnings, and
marquees under §§ 150.202 through 150.247.
§ 152.02 JURISDICTION.
Jurisdiction for the licensing of any encroachment against any real,
personal, or mixed properties, rights, possessions, or things owned or controlled
by the city is hereby vested in the Board of Public Works and Safety.
(Ord. 8-l986, passed 8-4-86)
§ 152.03 WHEN LICENSE REQUIRED.
No person shall maintain any encroachment against any real, personal, or
mixed properties, rights, possessions, or things owned or controlled by the city
without first having received a written license therefor from the Clerk-Treasurer in
accordance with the provisions of this chapter.
(Ord. 8-l986, passed 8-4-86)
§ 152.04 PETITION FOR LICENSE.
Any person who desires to maintain an encroachment against any real,
personal, or mixed properties, rights, possessions, or things owned or controlled
by the city shall file his petition with the Clerk-Treasurer on such forms as the
Clerk-Treasurer may prescribe, requesting that the Clerk-Treasurer approve a
license permitting the encroachment, specifically identifying the property or
properties, rights, possessions, or things affected, and outlining the
circumstances giving rise to the need for the license.
(Ord. 8-l986, passed 8-4-86)
§ 152.05 INVESTIGATION OF PETITION; RECOMMENDATION AS TO
LICENSE.
Upon the filing of a petition for a license required by this chapter, the
department affected shall cause an investigation of the request and of the
circumstances enumerated in such petition to be made. Upon completion of the
investigation, the Building Commissioner shall recommend to the Board of Public
Works and Safety that the license be either granted or denied, and if granted, the
term and conditions of the license.
§ 152.06 CONDITIONS OF LICENSE.
In granting any license under this chapter, the Board of Public Works and
Safety, upon recommendation of the appropriate department, may attach such
reasonable conditions to the license, including but not limited to insurance
coverage, as it determines to be in the interest of the public health, safety, and
welfare.
(Ord. 8-l986, passed 8-4-86)
§ 152.07 REVOCATION.
All licenses issued pursuant to this chapter, unless granted for a lesser
determinate period, shall be for a term of l2 months dating from the date of their
issuance. These licenses may be revoked by the Board of Public Works and
Safety on 30 days' notice, with an appropriate partial refund of fees theretofore
paid.
(Ord. 8-l986, passed 8-4-86)
§ 152.08 APPEAL FROM ACTION TAKEN BY BOARD OF PUBLIC WORKS
AND SAFETY.
Within 30 days after any action of the Board of Public Works and Safety in
granting, refusing to grant, or revoking any license required by this chapter, any
person, including the City Attorney acting for and on behalf of the city, may
appeal the action to the Common Council, where the petition shall be heard de
novo. Any appeal shall be perfected by written notice delivered to the Clerk-
Treasurer within the 30-day period.
(Ord. 8-l986, passed 8-4-86)
§ 152.09 APPLICATION AND LICENSE FEES.
(A) Each petition to maintain an encroachment shall be accompanied by
an application fee of $25. In the event action upon any petition is favorable, the
application fee shall be retained by the Clerk-Treasurer as the first annual fee.
All licenses granted pursuant to this chapter, which may be renewed on an
annual basis, shall be re-issued upon filing a satisfactory public liability insurance
certificate with the Clerk-Treasurer, naming the city as additional insured.
(B) In case of a petition for a license required by this chapter which

requests the placing of more than one movable encroachment of the same kind
at various locations within the city, one petition may be made to cover more than
one similar encroachment, but the application fee shall be $25 plus $1 for each
encroachment requested.
(C) If the Board of Public Works and Safety determines that a valuable
consideration will be received by the city as a result of the encroachment, the
Clerk-Treasurer may waive the license fee provided in this chapter.
(Ord. 8-l986, passed 8-4-86; Am. Ord.
3-1990, passed 7-2-90)
In addition to and not by way of limitation of any other provision of this
chapter, any department of the city is authorized and empowered in behalf of the
city to enforce this chapter by any appropriate remedy at law or in equity or both,
in order to effectively and affirmatively preclude any violations hereof.
(Ord. 8-l986, passed 8-4-86)
CHAPTER 153: BUILDING NUMBERING
Section
153.01 Display specifications

153.02 Responsibility for compliance
153.99 Penalty
§ 153.01 DISPLAY SPECIFICATIONS.
The house or building number assigned to each house or building within
the city shall be prominently displayed on the house or building at a readily
visible location in front of the house or building, and shall be of a minimum height
of three inches if placed less than 75 feet from the street curb line. If the house
or building number is placed more than 75 feet from the street curb line, the
house or building number shall be at least four inches in height.
§ 153.02 RESPONSIBILITY FOR COMPLIANCE.
It shall be the duty of the owner or the person in possession of any house
or building in the city to comply with all provisions of this chapter relating to the
placement and size of any house number or building number.
§ 153.99 PENALTY.
Any person who is the owner, occupant, or person in possession of any
house or building in the city, who for 30 days neglects or refuses to place or to
maintain the proper number of the proper height for any house or building owned,
managed, or occupied by that person in conformity with the provisions of this
chapter, upon conviction shall be fined $15, and a further penalty not exceeding
$25 shall be imposed for each 30 days thereafter that the person shall neglect or
refuse to comply.
(Ord. 2-1991, passed 2-19-91)
CHAPTER 154: HOUSING PROPERTY
MAINTENANCE CODE
Section
General Provisions
154.001 Title
154.002 Scope
154.003 Intent
154.004 Other regulations
154.005 Application of building code
154.006 Existing remedies
Validity
154.011 Validity
154.012 Saving clause
Existing Structures
154.021 Existing Structures
Enforcement Authority
154.031 Officer
154.032 Relief from personal liability
154.033 Official records
Duties and Powers of Code Official
154.041 General
154.042 Notices and orders
154.043 Inspections
154.044 Right of entry
154.045 Access by owner or operator
154.046 Credentials
154.047 Coordination of enforcement
154.048 Rule making authority
154.049 Annual report
Unsafe Building Law
154.051 General
Notices to Orders
154.061 Notice to owner or to person or persons responsible

154.062 Such notice prescribed in § 154.061
154.063 Service
154.064 Service on occupant
154.065 Penalties
Emergency Orders
154.071 General
Violations
154.081 Unlawful acts

154.082 Penalty
154.083 Prosecution
Right to Appeal
154.091 Appeals Board
Definitions
154.101 Scope
154.102 Interchangeability
154.103 Terms defined in other codes
154.104 Terms not defined
Implied Meaning of Words and Terms
154.111 Approved
Environmental Requirements General
154.201 Scope
154.202 Responsibility
Premises Conditions
154.211 Sanitation
154.212 Grading and drainage
154.213 Noxious weeds
154.214 Accessory structures
Exterior Structure
154.301 General
154.302 Structural members
154.303 Exterior surfaces, foundation, walls and roof
154.304 Foundation walls
154.305 Exterior walls
154.306 Roofs
154.307 Decorative features
154.308 Overhang extensions
154.309 Chimneys
154.310 Stairs and porches
154.311 Window and door frames
154.312 Weather tight
154.313 Glazing
154.314 Openable windows
154.315 Insect screens
154.316 Door hardware
154.317 Basement hatchways
154.318 Guards for basement windows
154.319 Exterior handrails
Interior Structure
154.401 General
154.402 Structural members
154.403 Interior surfaces
154.404 Bathroom and kitchen floors
154.405 Free from dampness
154.406 Sanitation
154.407 Storage
154.408 Exit doors
154.409 Stairs, porches and railings
154.410 Exit facilities
154.411 Handrails
Light, Ventilation and Space Requirements General
154.501 Scope
154.503 Access to public property
Light
154.511 General
154.512 Habitable rooms
154.513 Common halls and stairways
154.514 Other spaces
Ventilation
154.521 General
154.522 Habitable rooms
154.523 Toilet rooms
154.524 Cooking facilities
Dwelling Unit Limitations
154.531 Separation of units

154.532 Common access
154.533 Basement rooms
Space Requirements
154.541 Dwelling units

154.542 Area for sleeping purposes
154.543 Overcrowding
154.544 Prohibited use
154.545 Minimum ceiling heights
Plumbing Facilities and Fixture Requirements General
154.601 Scope
Required Facilities
154.611 Dwelling units

154.612 Toilet and lavatory
154.613 Bathtub or shower
154.614 Kitchen sink
154.615 Residence building
Toilet Rooms
154.621 Privacy
154.622 Direct access
154.623 Same story
Plumbing Fixtures
154.631 General
154.632 Connections
154.633 Maintained clean and sanitary
Water System
154.641 General
154.642 Contamination
154.643 Supply
154.644 Water heating facilities
154.645 Temperature/pressure relief valve assembly
Sewage System
154.651 General
154.652 Maintenance
Mechanical and Electrical Requirements
154.701 Scope
Heating Facilities
154.711 Residential buildings

154.712 Cooking and heating equipment
154.713 Installation
154.714 Flue
154.715 Clearance
154.716 Safety controls
154.717 Combustion air
154.718 Fireplaces
154.719 Climate control
Electrical Facilities
154.721 Outlets required

154.722 Installation
154.723 Defective system
Fire Safety Requirements General
154.801 Scope
Means of Egress
154.811 General
154.812 Direct exits
154.813 Locked doors
154.814 Fire escapes
154.815 Exit signs
Accumulations and Storage
154.821 Accumulations
154.822 Flammable matter
154.823 Residential unit
Fire Resistance Ratings
154.831 General
154.832 Heaters furnaces and water located in sleeping rooms and
basements with sleeping rooms
Fire Protection Systems

154.841 General
154.842 Fire alarms
154.843 Sprinkler heads
154.844 Standpipe systems
154.845 Fire extinguishers
154.846 Smoke detectors, type and placement
154.847 Smoke detectors with power sources
154.848 Placement of smoke detectors
154.849 Smoke detectors in dwelling units
154.850 Smoke detectors in rental buildings
154.851 Smoke detectors in rental buildings with dwelling units
Responsibilities of Persons General
154.901 Scope
Sanitary Condition
154.910 Definition
154.911 Cleanliness
154.912 Disposal of garbage, refuse and rubbish
154.913 Garbage, refuse and rubbish storage facilities
154.914 Garbage, refuse and rubbish storage facilities
154.915 Food preparation
154.916 Supplied fixtures and equipment
154.917 Furnished by occupant
Extermination
154.921 General
154.922 Owner
154.923 Tenant-occupant
154.924 Single family dwelling
154.925 Multiple occupancy
154.926 Continued rodent infestation
GENERAL PROVISIONS
§ 154.001 TITLE.
These regulations shall be known as the Housing-Property Maintenance
Code of Beech Grove, Indiana, hereinafter referred to as "this code."
(Ord. 12, passed - -96)
§ 154.002 SCOPE.
This code is to protect the public health, safety and welfare in all existing
rental units and their premises by:
(A) Establishing minimum maintenance standards for existing rental
units and their premises for basic equipment and facilities for light, ventilation,
space heating; for safety from fire; for space, use and location; and for safe
maintenance of rental units now in existence;
(B) Fixing the responsibilities of owners, operators and occupants of

rental units, and;
(C) Providing for administration, enforcement and penalties.

(Ord. 12, passed - -96)
§ 154.003 INTENT.
This code shall be construed liberally and justly to insure public health,
safety and welfare insofar as they are affected by the maintenance of structures
and premises.
(Ord. 12, passed - -96)
§ 154.004 OTHER REGULATIONS.
The provisions in this code shall not be construed to prevent the
enforcement of other ordinance or regulations which prescribe standards other
than are provided herein.
(Ord. 12, passed - -96)
§ 154.005 APPLICATION OF BUILDING CODE.
Any repairs or alterations to a structure, or changes of use therein, which
may be caused directly or indirectly by the enforcement of this code shall be
done in accordance with the procedures and provisions of the building code.
(Ord. 12, passed - -96)
§ 154.006 EXISTING REMEDIES.
The provisions in this code shall not be deemed to abolish or impair
existing remedies of the jurisdiction or its officers or agencies relating to the
removal or demolition of any buildings which are deemed to be dangerous,
unsafe, or unsanitary.
(Ord. 12, passed - -96)
VALIDITY
§ 154.011 VALIDITY.
If any section, subsection, paragraph, sentence, clause or phrase of this
code shall be declared invalid for any reason whatsoever, such decision shall not
affect the remaining portions of this code which shall continue in full force and
effect, and to this end the provisions of this code are hereby declared to be
severable.
(Ord. 12, passed - -96)
§ 154.012 SAVING CLAUSE.
This code shall not affect violations of any other ordinance, code or
regulation existing prior to the effective date hereof, and any such violation shall
be governed and shall continue to be punishable to the full extent of the law
under the provisions of those ordinances, codes or regulations in effect at the
time the violation was committed.
(Ord. 12, passed - -96)
EXISTING STRUCTURES
§ 154.021 EXISTING STRUCTURES.
As provided in Chapter 150.300, this code establishes minimum
requirements for the initial and continued occupancy and use of all structures and
premises and does not replace or modify requirements otherwise established by
ordinance which may be additional or more stringent for the construction, repair,
alteration, or use of structures, equipment or facilities.
(Ord. 12, passed - -96)
ENFORCEMENT AUTHORITY
§ 154.031 OFFICER.
It shall be the duty and responsibility of the City Building Commissioner to
enforce the provisions of this code that have been designated the duties and
responsibilities of the code official.
(Ord. 12, passed - -96)
§ 154.032 RELIEF FROM PERSONAL LIABILITY.
Any code official, officer or employee who acts in good faith and without
malice in the discharge of the duties of enforcement of this code is relieved of all
personal liability for any damage that may accrue to persons or property as a
result of such acts or alleged failure to act. Further, he shall not be held liable for
any costs in any action, suit or proceedings that may be instituted by him in the
enforcement of this code. In any of these actions, the official or employee shall
be defended or represented by the jurisdiction's attorney-at-law until the final
termination of the proceedings.
(Ord. 12, passed - -96)
§ 154.033 OFFICIAL RECORDS.
An official record shall be kept of all business and activities of the Building
Commissioner specified in the provisions of this code, and all such records shall
be open to public inspection at all appropriate times and under reasonable
regulations established by the code official to maintain the integrity and security
of such records.
(Ord. 12, passed - -96)
DUTIES AND POWERS OF CODE OFFICIAL
§ 154.041 GENERAL.
The Building Commissioner shall enforce all the provisions of this code
relative to the maintenance of structures and premises, except as may otherwise
be specifically provided for by other regulations.
(Ord. 12, passed - -96)
§ 154.042 NOTICES AND ORDERS.
The Building Commissioner shall issue all necessary notices and orders to
abate illegal or unsafe conditions to insure compliance with the code
requirements for the safety, health, and general welfare of the public.
(Ord. 12, passed - -96)
In order to safeguard the safety, health and welfare of the public, the
Building Commissioner is authorized to enter any structure or premises at any
reasonable time for the purpose of making inspections and performing duties
under this code.
(Ord. 12, passed - -96)
§ 154.044 RIGHT OF ENTRY.
If any owner, occupant, or other person in charge of a structure subject to
the provisions of this code refuses, impedes, inhibits, interferes with, restricts, or
obstructs entry and free access to any part of the structure or premises where
inspection authorized by this code is sought, the administrative authority may
seek, in a court of competent jurisdiction, an order that such owner, occupant or
other person in charge cease and desist with such interference.
(Ord. 12, passed - -96)
§ 154.045 ACCESS BY OWNER OR OPERATOR.
Every occupant of a structure or premises shall give the owner or operator
thereof, or his agent or employee, access to any part of such structure or its
premises at reasonable times for the purpose of making the inspection,
maintenance, repairs, or alterations as are necessary to comply with the
provisions of this code.
(Ord. 12, passed - -96)
§ 154.046 CREDENTIALS.
The Building Commissioner or his authorized representative shall disclose
proper credentials of his respective office for the purpose of inspecting any and
all buildings and premises in the performance of his duties under this code.
(Ord. 12, passed - -96)
§ 154.047 COORDINATION OF ENFORCEMENT.
Inspection of premises, the issuance of notices and orders and
enforcement thereof shall be the responsibility of code officials so charged by the
jurisdiction. Whenever, in the opinion of a code official initiating an inspection
under this code, it is deemed necessary or desirable to have inspections by any
other department, he shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visits by inspectors, and to
confer with the other departments for the purpose of eliminating conflicting orders
before any are issued. A department shall not, however, delay the issuance of
any emergency orders which it determines must be issued.
(Ord. 12, passed - -96)
§ 154.048 RULE MAKING AUTHORITY.
The Building Commissioner shall have power as may be necessary in the
interest of public safety, health and general welfare, to adopt and promulgate
rules and regulations to interpret and implement the provisions of this code to
secure the intent thereof and to designate requirements applicable because of
local climatic or other conditions; but such rules shall not have the effect of
waiving working stresses or fire protection requirements specifically provided in
this code or violating accepted engineering practice involving public safety.
(Ord. 12, passed - -96)
§ 154.049 ANNUAL REPORT.
At least annually, the Building Commissioner shall submit to the Mayor of
the jurisdiction a written statement of operations in the form and content as shall
be prescribed by the authority.
(Ord. 12, passed - -96)
UNSAFE BUILDING LAW
§ 154.051 GENERAL.
Chapter 15, Section 150.270, which incorporates by reference Indiana
Code 36-7-9-1--36-7-9-28, is hereby incorporated into this code in its entirety and
made a part hereof, as fully as though set out in its entirety. Whenever the
Building Commissioner determines that a building or structure is unsafe within
the meaning of Beech Grove Municipal Code, the Building Commissioner shall
proceed in accordance with the provisions of said Chapter.
(Ord. 12, passed - -96)
NOTICES OF ORDERS
§ 154.061 NOTICE TO OWNER OR TO PERSON OR PERSONS
RESPONSIBLE.
Whenever the Building Commissioner determines that there has been a
violation of this code, or has reasonable grounds to believe that a violation has
occurred, the Building Commissioner shall give notice to the owner or the person
or persons responsible in the manner described below. If any structure or part
thereof has been declared unsafe, notice shall be in accordance with the
provisions of Section 150.270 of the Beech Grove Municipal Code.
(Ord. 12, passed - -96)
§ 154.062 SUCH NOTICE PRESCRIBED IN § 154.061 SHALL.
(A) Be in writing,
(B) include a description of the real estate sufficient for identification,
(C) Include a statement of the reason or reasons why it is being issued,
(D) Include a correction order allowing a reasonable time for the repairs
and improvements required to bring the dwelling unit or structure into compliance
with the provisions of this code, and,
(E) Include an explanation of the owner's right to seek modification or

withdrawal of the notice by petition to an appeals board or appropriate review
board.
(Ord. 12, passed - -96)
§ 154.063 SERVICE.
Such notice prescribed in §§ 154.061 and 154.062 shall be deemed to be
properly served upon such owner or such person or persons responsible if a
copy thereof is delivered to the person personally; or by leaving the notice at the
person's usual place of abode, in the presence of someone in the family of
suitable age and discretion who shall be informed of the contents thereof; or by
mailing first class mail, postage prepaid, to the person's last known address; or if
the letter is returned because it could not be delivered, by posting a copy thereof
in a conspicuous place in or about the structure affected by such notice. Where
notice to vacate, notice of an emergency order, or notice that a structure or part
thereof has been declared unsafe is served, service shall be in accordance with
the provisions of § 150.270.
(Ord. 12, passed - -96)
§ 154.064 SERVICE ON OCCUPANT.
When an order pursuant to § 150.270 of the Beech Grove Municipal Code
is served on an occupant other than the owner or person responsible for
compliance, the form and content of such notice shall be in accordance with the
provisions of the Unsafe Building Law.
(Ord. 12, passed - -96)
§ 154.065 PENALTIES.
Penalties for non-compliance of orders and notices shall be subject to the
penalties set forth in § 154.082.
(Ord. 12, passed - -96)
EMERGENCY ORDERS
§ 154.071 GENERAL.
Whenever the Building Commissioner finds that an emergency exists on
any premises, or in any structure or part thereof, or on any defective equipment
which requires immediate action to protect the public's health and safety or that
of the occupants thereof, the Code Official may proceed in accordance with the
provisions of § 150.270 of the Beech Grove Municipal code.
(Ord. 12, passed - -96)
VIOLATIONS
§ 154.081 UNLAWFUL ACTS.
It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, remove, demolish, use or occupy any structure or equipment
regulated by this code, or cause same to be done, contrary to or in conflict with
or in violation of any of the provisions of this code.
(Ord. 12, passed - -96)
§ 154.082 PENALTY.
Any person, firm or corporation who shall violate any provision of this code
shall, upon conviction thereof, be subject to a fine of not more than $100. Each
day that a violation continues after due notice has been served, in accordance
with the terms and provisions hereof, shall be deemed a separate offense.
(Ord. 12, passed - -96)
§ 154.083 PROSECUTION.
In case any violation order is not promptly complied with, the code official
may request the jurisdiction's legal representative to institute an appropriate
action or proceeding at law to exact the penalty provided in § 154.082, and in
addition thereto, may ask the legal representative to proceed at law or in equity
against the person responsible for the violation for the purpose of ordering him:
(A) To restrain, correct or remove the violation or refrain from any

further execution of work;
(B) To restrain or correct the erection, installation, or alteration of the
structure;
(C) To require the removal of work in violation, or;
(D) To prevent the occupation or use of the structure, or part thereof

erected, constructed, installed or altered in violation of, or not in compliance with,
the provisions of this code, or in violation of a plan or specification under which
an approval, permit or certificate was issued.
(Ord. 12, passed - -96)
RIGHT TO APPEAL
§ 154.091 APPEALS BOARD.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this code, or any rule or regulation
adopted pursuant thereto, may request and shall be granted a hearing on the
matter before the City Council. The appeal shall be in the manner prescribed in §
150.118 of the Beech Grove Municipal Code and the established Rules of
Procedure for the Board. Provided, an appeal of any action or order taken or
issued pursuant to § 150.270 of the Beech Grove Municipal Code, shall be in
accordance with the provisions of said Section.
(Ord. 12, passed - -96)
DEFINITIONS
§ 154.101 SCOPE.
Unless otherwise expressly stated, the following terms shall, for the
purpose of this code, have the meanings indicated in this subchapter.
(Ord. 12, passed - -96)
§ 154.102 INTERCHANGEABILITY.
Words used in the present tense include the future; words in the
masculine gender include the feminine and neuter; the singular number includes
the plural and the plural the singular.
(Ord. 12, passed - -96)
§ 154.103 TERMS DEFINED IN OTHER CODES.
Where terms are not defined in this code and are defined in the building,
plumbing and/or mechanical codes, they shall have the same meanings ascribed
to them as in those codes.
(Ord. 12, passed - -96)
§ 154.104 TERMS NOT DEFINED.
Where terms are not defined under the provisions of this code or under
the provisions of the building, plumbing and/or mechanical codes, they shall have
ascribed to them their ordinarily accepted meanings or such as the context
herein may imply.
(Ord. 12, passed - -96)
IMPLIED MEANING OF WORDS AND TERMS
§ 154.111 APPROVED.
Approved as applied to a material, device, or method of construction shall
mean approved by the Building Commissioner under the provisions of this code,
or approved by other authority designated by law to give approval in the matter in
question.
"BASEMENT." That portion of a building which is partly below and partly

above grade, and having at least one-half its height above grade (see "Cellar").
"BUILDING CODE." The building code officially adopted by the legislative

body of this jurisdiction, or such other code as may be officially designated by the
legislative body of the jurisdiction for the regulation of construction, alteration,
addition, repair, removal, demolition, use, location, occupancy and maintenance
of buildings and structures.
"BUILDING COMMISSIONER." The official designated by the jurisdiction

to enforce building, zoning or similar laws, or his duly authorized representative.
"CELLAR." That portion of a building which is partly or completely below

grade, and having at least one-half its height below grade (see "Basement").
CENTRAL HEATING. The heating system permanently installed and

adjusted so as to provide the distribution of heat to all habitable rooms,
bathrooms and water closet compartments from a source outside of these rooms.
CODE OFFICIAL. The official who is charged with the administration and
enforcement of this code, who shall be the City Building Commissioner or any
duly authorized representative.
CONDEMN. To adjudge unfit for use or occupancy.
CONDEMNATION. The act of judicially condemning.
DWELLINGS.
One-family dwelling: A building containing one dwelling unit.
Two-family dwelling: A building containing two dwelling units.
Multi-family apartment house: A building or portion thereof containing more

than two dwelling units and not classified as a one or two-family dwelling.
DWELLING UNIT. A single unit providing complete, independent living

facilities for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER. The official designated herein or otherwise

charged with the responsibilities of administering this code, or his authorized
representative.
EXTERIOR PROPERTY AREAS. The open space on the premises and
on adjoining property under the control of owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rodents or

other pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poison spraying,
fumigating, trapping, or by any other approved pest elimination methods.
FAMILY. An individual or married couple and the children thereof with not
more than two other persons related directly to the individual or married couple
by blood or marriage; or a group of not more than five unrelated (excluding
servants) persons, living together as a single housekeeping unit in a dwelling
unit.
GARBAGE. The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
HABITABLE SPACE. Space in a structure for living, sleeping, eating, or

cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space,
and similar areas are not considered habitable space.
HOTEL. Any building containing six or more quest rooms intended or

designed to be used, or which are used, rented or hired out to be occupied, or
which are occupied for sleeping purposes by guests.
INFESTATION. The presence, within or contiguous to, a structure or

premises of insects, rodents, vermin or other pests.
LET FOR OCCUPANCY OR LET. To permit possession or occupancy of a

dwelling, dwelling unit, rooming unit, building or structure by a person who shall
be legal owner or not be the legal owner of record thereof, pursuant to a written
or unwritten lease, agreement or licensee, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.
MAINTENANCE. Conformance of a building and its facilities to the code

under which the building was constructed.
MOTEL. A hotel as defined in this code.
MULTIFAMILY (MULTIPLE) DWELLINGS. See "Dwellings."
OCCUPANT. Any person over one year of age (including owner or

operator) living and sleeping in a dwelling unit or having actual possession of
said dwelling or rooming unit.
OPENABLE AREA. That part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or

premises which are let or offered for occupancy.
OWNER. Any person, agent, firm, or corporation having a legal or

equitable interest in the property.
PERSON. Includes a corporation or co-partnership as well as an

individual.
PLUMBING. The practice, materials, and fixtures used in the installation,

maintenance, extension, and alteration of all piping, fixtures, appliances, and
appurtenances within the scope of the plumbing code.
PLUMBING FIXTURE. A receptacle or device which is either permanently

or temporarily connected to the water distribution system of the premises, and
demands a supply of water therefrom; or discharges used water, liquid-borne
waste materials, or sewage either directly or indirectly to the drainage system of
the premises; or which requires both a water supply connection and a discharge
to the drainage system of the premises.
PREMISES. A lot, plot or parcel of land including the buildings or

structures thereon.
RENOVATION. A building and its facilities made to conform to present

day minimum standards of sanitation, fire and life safety.
RENTAL UNIT. A rented dwelling unit or rooming unit.
RESIDENCE BUILDING. A building in which sleeping accommodations or

sleeping accommodations and cooking facilities as a unit are provided; except
when classified as an institution under the building code.
RUBBISH. Combustible and non-combustible waste materials, except

garbage, and the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery and dust and other similar materials.
STRUCTURE. That which is built, constructed, or used for rental

residential occupancy or use and includes, but is not limited to, buildings,
manufactured homes, fences, fire escapes, stairways, and railings.
SUPPLIED. Installed, furnished or provided by the owner or operator.

VENTILATION. The process of supplying and removing air by natural or
mechanical means to or from any space.
(1) MECHANICAL. Ventilation by power-driven devices.
(2) NATURAL. Ventilation by opening to outer air through

windows, skylights, doors, louvers, or stacks without wind driven devices.
WORKMANLIKE. Whenever the words "workmanlike state of

maintenance and repair" are used in this code, they shall mean that such
maintenance and repair shall be made in a reasonably skillful manner.
YARD. An open unoccupied space on the same lot with a building

extending along the entire length of a street, or rear or interior lot line.
Whenever the words "multi-family dwelling," "residence building," "dwelling unit,"

or "premises" are used in this code, they shall be construed as though they were
followed by words, "or any part thereof."
(Ord. 12, passed - -96)
ENVIRONMENTAL REQUIREMENTS GENERAL
§ 154.201 SCOPE.
The provisions of this subchapter shall govern the minimum conditions for
maintenance of exterior property, premises and structures and premises shall
comply with the conditions herein prescribed insofar as they are applicable.
(Ord. 12, passed - -96)
§ 154.202 RESPONSIBILITY.
The owner of the premises shall maintain such structure and premises in
compliance with these requirements. A person shall not let to another for
occupancy or use premises which do not comply with the following requirements
of this subchapter.
(Ord. 12, passed - -96)
PREMISES CONDITIONS
§ 154.211 SANITATION.
All exterior property areas and premises shall be maintained in clean, safe
and sanitary condition free from any accumulation of rubbish or garbage.
(Ord. 12, passed - -96)
§ 154.212 GRADING AND DRAINAGE.
All premises shall be graded and maintained so as to prevent the
accumulation of stagnant water thereon, or within any structure located thereon.
(Ord. 12, passed - -96)
§ 154.213 NOXIOUS WEEDS.
All areas shall be kept free from weeds or plant growth which are noxious
or detrimental to the public health and welfare.
(Ord. 12, passed - -96)
§ 154.214 ACCESSORY STRUCTURES.
All accessory structures, including detached garages, fences, and walls,
shall be maintained structurally sound, shall be properly surface coated when
required to prevent deterioration and shall be free of all electrical and fire hazards
and harmful insect and rodent infestation.
(Ord. 12, passed - -96)
EXTERIOR STRUCTURE
§ 154.301 GENERAL.
The exterior of a structure shall be maintained structurally sound and
secured so as not to pose a threat to the health and safety of the occupants and
so as to protect the occupants from the environment.
Where the Building Commissioner has ordered the exterior of a structure

to be painted, compliance shall be within a period of one year from the date the
inspection report and order are mailed. It shall be the responsibility of the owner
or agent to schedule a reinspection with the Housing Code Office during, or at
the end of, the one year period.
Where the Building Commissioner has ordered repairs to correct exterior

violations other than painting, an extension of time to complete the repairs may
be granted for a period not to exceed one year from the date that the inspection
report and order are mailed; provided, no such extension shall be granted where,
in the opinion of the Building Commissioner, the violations are life/safety in
nature.
(Ord. 12, passed - -96)
§ 154.302 STRUCTURAL MEMBERS.
All supporting structural members of all structures shall be kept structurally
sound, free of deterioration and maintained capable of safely bearing the dead
and live loads imposed upon them.
(Ord. 12, passed - -96)
§ 154.303 EXTERIOR SURFACES, FOUNDATION, WALLS AND ROOF.
Every foundation, exterior wall, roof, and all other exterior surfaces shall
be maintained in a workmanlike state of maintenance and repair and shall be
kept in such condition as to exclude rodents.
(Ord. 12, passed - -96)
§ 154.304 FOUNDATION WALLS.
All foundation walls shall be maintained so as to carry the safe design and
operating dead and live loads and shall be maintained plumb and free from open
cracks and breaks, so as not to be detrimental to public safety and welfare.
(Ord. 12, passed - -96)
§ 154.305 EXTERIOR WALLS.
Every exterior wall shall be free of holes, breaks, loose or rotting boards or
timbers, and any other conditions which might admit rain or dampness to the
interior portions of the walls or to the occupied spaces of the building. All exterior
surface material, including wood, combination, or metal siding, shall be
maintained weatherproof and shall be properly surface coated when required to
prevent deterioration.
(Ord. 12, passed - -96)
§ 154.306 ROOFS.
The roof shall be structurally sound, tight, and not have defects which
might admit rain, and roof drainage shall be adequate to prevent rain water from
causing dampness in the walls or interior portion of the building.
(Ord. 12, passed - -96)
§ 154.307 DECORATIVE FEATURES.
All cornices, entablatures, belt courses, corbels, terra-cotta trim, wall
facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
(Ord. 12, passed - -96)
§ 154.308 OVERHANG EXTENSIONS.
All canopies, metal awnings, stairways, fire escapes, standpipes, exhaust
ducts and similar overhang extensions shall be maintained in good repair and be
properly anchored so as to be kept in a safe and sound condition. They shall be
protected from the elements and against decay and rust by the periodic
application of weather-coating material such as paint or other protective
treatment.
(Ord. 12, passed - -96)
§ 154.309 CHIMNEYS.
All chimneys and similar appurtenances shall be maintained structurally
safe, sound and in good repair, all exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic application of
weather-coating material such as paint or similar surface treatment.
(Ord. 12, passed - -96)
§ 154.310 STAIRS AND PORCHES.
Every stair, porch, balcony, and all appurtenances attached thereto shall
be so constructed as to be safe to use and capable of supporting the loads to
which it is subjected and shall be kept in sound condition and good repair.
(Ord. 12, passed - -96)
§ 154.311 WINDOW AND DOOR FRAMES.
Every window, door, and frame shall be constructed and maintained so as
to exclude rain as completely as possible, and to substantially exclude air
infiltration.
(Ord. 12, passed - -96)
§ 154.312 WEATHER TIGHT.
Every window and exterior door shall be fitted reasonably in its frame, be
weathertight, substantially exclude air infiltration and rain, and they shall be kept
in sound condition and repair.
(Ord. 12, passed - -96)
§ 154.313 GLAZING.
Every required window sash shall be fully supplied with approved glazing
materials which are without cracks or holes. Exception: Corner cracks (cracks
which begin and end approximately 4" from a corner and which extend diagonally
from one side stile of window to either top or bottom rail of window) shall not be
cited as violations as long as the window sash is fully supplied with glazing
materials (compound), the window frame is in good condition, and the glass is
tight and secure in its frame.
(Ord. 12, passed - -96)
§ 154.314 OPENABLE WINDOWS.
Every window, other than a fixed window, shall be capable of being easily
opened and held in position by its own hardware and all basement and ground
floor windows and all upper windows adjacent to porch roofs, decks or other
accessible exterior elements shall be capable of being latched securely.
(Ord. 12, passed - -96)
§ 154.315 INSECT SCREENS.
From May 15th to October 15th of each year every door opening directly
from any rental unit to the outdoors, and every window or other outside opening
used for ventilation purposes shall be supplied with approved screening, and
every swinging screen door shall have a self-closing device in good working
condition, except that such screens shall not be required for a rental unit on a
floor above the fifth floor, for outside doors of rental units that are centrally air-
conditioned, or for common hallways of multi-family dwellings.
(Ord. 12, passed - -96)
§ 154.316 DOOR HARDWARE.
Every door which connects a rental unit with any area exterior to the unit
shall have a functioning locking device, door hinge, and door latch and shall be
maintained in good condition. Door locks in rental units shall be capable of
tightly securing the door.
(Ord. 12, passed - -96)
§ 154.317 BASEMENT HATCHWAYS.
Every basement or cellar hatchway shall be so constructed and
maintained as to prevent the entrance of rodents, rain, and surface drainage
water into the structure.
(Ord. 12, passed - -96)
§ 154.318 GUARDS FOR BASEMENT WINDOWS.
Every basement or cellar window which is openable shall be supplied with
rodent-proof shields, or storm windows or other material affording protection
against the entry of rodents.
(Ord. 12, passed - -96)
§ 154.319 EXTERIOR HANDRAILS.
Every stairwell and every flight of stairs, which is more than three risers
high, shall have handrails or railings which shall be located as required by the
building code, and every open portion of a stair, porch, landing and balcony
which is more than 30 inches above the floor or grade below shall have
guardrails. Every handrail and guardrail shall be maintained in good condition, be
firmly fastened, and be capable of bearing normally imposed loads.
(Ord. 12, passed - -96)
INTERIOR STRUCTURE
§ 154.401 GENERAL.
The interior of a structure and its equipment shall be maintained
structurally sound and in a sanitary condition so as not to pose a threat to the
health and safety of the occupants and protect the occupants from the
environment.
(Ord. 12, passed - -96)
§ 154.402 STRUCTURAL MEMBERS.
The supporting structural members of every building shall be maintained
structurally sound, not showing any evidence of deterioration which would render
them incapable of carrying the imposed loads.
(Ord. 12, passed - -96)
§ 154.403 INTERIOR SURFACES.
Floors, walls, including windows and doors, ceilings, and other interior
surfaces shall be maintained in good, clean and sanitary condition. Peeling paint,
substantially cracked or loose plasters decayed wood, peeling or loose
wallpaper, and other defective surface conditions shall be eliminated.
(Ord. 12, passed - -96)
§ 154.404 BATHROOM AND KITCHEN FLOORS.
Every toilet, bathroom and kitchen floor surface shall be constructed and
maintained so as to be substantially impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition. This does not preclude
carpet, provided that it is devoid of mildew, mold, or other unsafe or unsanitary
conditions.
(Ord. 12, passed - -96)
§ 154.405 FREE FROM DAMPNESS.
In every building, cellars, basements and crawl spaces shall be
maintained reasonably free from dampness to prevent conditions conducive to
decay or deterioration of the structure.
(Ord. 12, passed - -96)
§ 154.406 SANITATION.
The interior of every structure shall be maintained in a clean and sanitary
condition free from any accumulation of rubbish, refuse or garbage. Rubbish,
garbage, and other refuse shall be properly kept inside temporary storage
facilities as required under Chapter 96.
(Ord. 12, passed - -96)
§ 154.407 STORAGE.
Garbage or refuse shall not be allowed to accumulate or be stored in
public halls or stairways.
(Ord. 12, passed - -96)
§ 154.408 EXIT DOORS.
Every door available as an exit shall be capable of being opened easily
from the inside and without the use of a key.
(Ord. 12, passed - -96)
§ 154.409 STAIRS, PORCHES AND RAILINGS.
Stairs and other exit facilities shall be adequate for safety as provided in
the building code.
(Ord. 12, passed - -96)
§ 154.410 EXIT FACILITIES.
All interior stairs and railings and other exit facilities of every structure
shall be maintained in sound condition and good repair by replacing treads and
risers that evidence excessive wear or are broken, warped or loose. Every inside
stair shall be so constructed and maintained as to be safe to use and capable of
supporting the anticipated loads.
(Ord. 12, passed - -96)
§ 154.411 HANDRAILS.
Every flight of stairs, which is more than three risers high, shall have
handrails which shall be located as required by the building code, and every
open portion of a stair, porch, landing and balcony which is more than 30 inches
above the floor or grade below shall have guardrail. Every handrail and guardrail
shall be firmly fastened and capable of bearing normally imposed loads and shall
be maintained in good condition.
(Ord. 12, passed - -96)
LIGHT, VENTILATION AND SPACE REQUIREMENTS GENERAL
§ 154.501 SCOPE.
The provisions of this subchapter shall govern the minimum conditions
and standards for the light, ventilation and space for the occupancy of a
structure. All light, ventilation and space conditions shall comply with the
requirements herein prescribed insofar as they are applicable.
(Ord. 12, passed - -96)
The owner of the structure shall provide and maintain such light and
ventilation and space conditions in compliance with these requirements. A person
shall not let to another for occupancy or use any premises which does not
comply with the following requirements of this subchapter.
(Ord. 12, passed - -96)
§ 154.503 ACCESS TO PUBLIC PROPERTY.
All structures shall be provided access to public property. Such access
means shall be maintained unobstructed.
(Ord. 12, passed - -96)
LIGHT
§ 154.511 GENERAL.
All spaces or rooms shall be provided sufficient light so as not to endanger
health and safety.
(Ord. 12, passed - -96)
§ 154.512 HABITABLE ROOMS.
Every habitable room shall have at least one window of approved size
facing directly to the outdoors or to a court. The minimum total window area,
measured between stops, for every habitable room shall be 8% of the floor area
of such room, except in kitchens were artificial light may be provided in
accordance with the provisions of the building code. Whenever walls or other
portions of a structure face a window of any room and such obstructions are
located less than three feet from the window and extend to a level above that of
the ceiling of the room, such a window shall not be deemed to face directly to the
outdoors nor to a court and shall not be included as contributing to the required
minimum total window area for the room.
(Ord. 12, passed - -96)
§ 154.513 COMMON HALLS AND STAIRWAYS.
Every common hall and stairway in every building, other than one-family
dwellings, shall be adequately lighted at all times with an illumination of at least a
60 watt light bulb. Such illumination shall be provided throughout the normally
traveled stairs and passageways.
(Ord. 12, passed - -96)
§ 154.514 OTHER SPACES.
All other spaces shall be provided with natural or artificial light of sufficient
intensity and so distributed as to permit the maintenance of sanitary conditions,
and the safe use of the space and the appliances, equipment and fixtures.
(Ord. 12, passed - -96)
VENTILATION
§ 154.521 GENERAL.
All spaces or rooms shall be provided sufficient natural or mechanical
ventilation so as not to endanger health and safety. Where mechanical
ventilation is provided in lieu of the natural ventilation, the mechanical ventilating
system shall be maintained in operation during the occupancy of any structure or
portion thereof. Exception: A kitchen with all electric appliances which contains
neither an openable window nor mechanical ventilation shall not be subject to the
requirements of § 154.521 provided that:
(A) The kitchen is in a location which would prohibit the installation of a

window in an exterior wall; and
(B) The installation of a mechanical ventilation system would be

infeasible due to structural considerations.
(Ord. 12, passed - -96)
§ 154.522 HABITABLE ROOMS.
Every habitable room shall have at least one window which can be easily
opened or such other device as will adequately ventilate the room. The total
openable window area in every room shall be equal to a least 45% of the
minimum window area size required in the Building Code.
(Ord. 12, passed - -96)
§ 154.523 TOILET ROOMS.
Every bathroom and toilet room shall comply with the light and ventilation
requirements for habitable rooms as required by § 154.421 except that a window
shall not be required in bathrooms or toilet rooms equipped with a natural or
approved mechanical ventilation system.
(Ord. 12, passed - -96)
§ 154.524 COOKING FACILITIES.
Cooking shall not be permitted in any sleeping room, and a cooking facility
or appliance shall not be permitted to be present in a sleeping room.
(Ord. 12, passed - -96)
DWELLING UNIT LIMITATIONS
§ 154.531 SEPARATION OF UNITS.
Dwelling units shall be separate and apart from each other. Sleeping
rooms shall not be used as the only means of access to other sleeping rooms or
habitable spaces.
(Ord. 12, passed - -96)
§ 154.532 COMMON ACCESS.
A habitable room, bathroom, or toilet room which is accessory to a
dwelling unit shall not open directly into or be used in conjunction with a food
store, barber or beauty shop, doctor's or dentist's examination or treatment room,
or similar room used for public purposes.
(Ord. 12, passed - -96)
§ 154.533 BASEMENT ROOMS.
Basement rooms partially below grade shall not be used for living
purposes unless:
(A) Floors and walls are watertight and so insulated as to prevent entry
of moisture and drafts; and
(B) Total window area, total openable area and ceiling height are in
accordance with this code; and
(C) Required minimum window area of every habitable room is entirely

above the grade of the ground adjoining the window area, not excluding
approved window wells.
(Ord. 12, passed - -96)
SPACE REQUIREMENTS
§ 154.541 DWELLING UNITS.
Every dwelling unit shall contain a minimum gross floor area of not less
than 150 square feet for the first occupant, and 100 square feet for each
additional occupant. The floor area shall be calculated on the basis of the total
area of all habitable rooms.
(Ord. 12, passed - -96)
§ 154.542 AREA FOR SLEEPING PURPOSES.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for sleeping
purposes by more than one person shall contain at least 50 square feet of floor
area for each occupant thereof.
(Ord. 12, passed - -96)
§ 154.543 OVERCROWDING.
If any room used for residential purposes is overcrowded, the code official
may order the number of persons sleeping or living in said room to be reduced so
that there shall be not less than the total area required in Table § 154.545,
Minimum Occupancy Area Requirements.
(Ord. 12, passed - -96)
§ 154.544 PROHIBITED USE.
It shall be prohibited to use for sleeping purposes any kitchen,
nonhabitable space, or public space.
(Ord. 12, passed - -96)
§ 154.545 MINIMUM CEILING HEIGHTS.
Habitable rooms shall have a clear ceiling height over the minimum area
required by this code at not less than seven and one-third feet, except that in
attics or top half-stories the ceiling height shall be not less than seven feet over
not less than one-third of the minimum area required by this code when used for
sleeping, study or similar activity. In calculating the floor area of such rooms, only
those portions of the floor area of the room having a clear ceiling height of five
feet or more may be included.
(Ord. 12, passed - -96)
MINIMUM OCCUPANCY AREA REQUIREMENTS

Minimum occupancy area in square feet
Space 1-2 3-5 6 or more
Living room *none 120 150

Dining room *none 80 100
Kitchen 50 50 60
Bedrooms** Must comply with § 154.542.
Note*. Combined living room-dining room spaces will be construed as

meeting the requirements of this table if the total area is equal to that required for
separate rooms and if the space is so located that it may function as a
combination living room-dining room.
Note**. Every room used as a bedroom shall have access to at least one water
closet without passing through another room used as a bedroom.
Every room used as a bedroom shall have access to at least one water
closet located on the same floor as the bedroom, except that this requirement
shall not apply to the only bedroom on a floor.
(Ord. 12, passed - -96)
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS GENERAL
§ 154.601 SCOPE.
The provisions of this subchapter shall govern the minimum plumbing
facilities and fixtures to be provided. All plumbing facilities and fixtures shall
comply with the requirements herein prescribed insofar as they are applicable.
(Ord. 12, passed - -96)
The owner of the structure shall provide and maintain plumbing facilities in
compliance with these requirements. A person shall not let to another for
occupancy or use any structure or portion thereof or premises which does not
(Ord. 12, passed - -96)
REQUIRED FACILITIES
§ 154.611 DWELLING UNITS.
Every dwelling unit shall include its own plumbing facilities which are in
proper operating condition, can be used in privacy, and are adequate for
personal cleanliness and the disposal of human waste. The following minimum
plumbing facilities set forth in §§ 154.612 through 154.615 shall be supplied and
maintained in sanitary, safe working condition.
(Ord. 12, passed - -96)
§ 154.612 TOILET AND LAVATORY.
Every dwelling unit shall contain within its walls, a room separate from
habitable rooms, which affords privacy and a toilet supplied with cold running
water. The lavatory may be placed in the same room as the toilet, or, if located in
another room, the lavatory shall be located in proximity to the door leading
directly into the room in which the toilet is located. The lavatory shall be supplied
with hot and cold running water. There shall be one toilet and one lavatory for
every five adults occupying the premises.
(Ord. 12, passed - -96)
§ 154.613 BATHTUB OR SHOWER.
Every dwelling unit shall contain a room which affords privacy to a person
and which is equipped with a bathtub or shower supplied with hot and cold
running water. There shall be one bathtub or shower for every five adults
occupying the premises.
(Ord. 12, passed - -96)
§ 154.614 KITCHEN SINK.
Every dwelling unit shall contain a kitchen sink apart from the lavatory
required under § 154.612 and be supplied with hot and cold running water.
(Ord. 12, passed - -96)
§ 154.615 RESIDENCE BUILDING.
At least one toilet, lavatory basin and bathtub or shower properly
connected to an approved water and sewer system and in good working
condition shall be supplied for each five adults within a rooming house wherever
bathroom facilities are shared. Every lavatory basin and bathtub or shower shall
be supplied with hot and cold water at all times.
(Ord. 12, passed - -96)
TOILET ROOMS
§ 154.621 PRIVACY.
Toilet rooms and bathrooms shall be designed and arranged to provide
privacy.
(Ord. 12, passed - -96)
§ 154.622 DIRECT ACCESS.
Toilet rooms and bathrooms shall not be used as a passageway to a hall
or other space, or to the exterior. A toilet room or bathroom in a dwelling unit shall
be accessible from any sleeping room without passing through another sleeping
room.
(Ord. 12, passed - -96)
§ 154.623 SAME STORY.
Toilet rooms and bathrooms serving hotel units or unless located within
such respective units, or directly connected thereto, shall be provided on the
same story with such units and be accessible only from a common hall or
passageway.
(Ord. 12, passed - -96)
§ 154.624 FLOORS.
Bathrooms and toilet rooms shall be provided with floors of moisture
resistant material.
(Ord. 12, passed - -96)
PLUMBING FIXTURES
§ 154.631 GENERAL.
All plumbing fixtures shall be maintained in a safe and useable condition.
All plumbing fixtures shall be of approved non-absorbent material.
(Ord. 12, passed - -96)
§ 154.632 CONNECTIONS.
Water supply lines, plumbing fixtures, vents and drains shall be properly
installed, connected and maintained in working order and shall be kept free from
obstructions, leaks and defects and capable of performing the function for which
they are designed. All repairs and installations shall be made in accordance with
the provisions of the building code and plumbing code.
(Ord. 12, passed - -96)
§ 154.633 MAINTAINED CLEAN AND SANITARY.
All plumbing facilities shall be maintained in clean and sanitary condition
by the occupant so as not to breed insects and rodents or produce dangerous or
offensive gases or odors.
(Ord. 12, passed - -96)
WATER SYSTEM
§ 154.641 GENERAL.
Every sink, lavatory, bathtub or shower, drinking fountain, toilet, or other
facility shall be properly connected to either a public water system or to an
approved private water system. All sinks, lavatories, bathtubs and showers shall
be supplied with hot and cold running water.
(Ord. 12, passed - -96)
§ 154.642 CONTAMINATION.
The water supply shall be maintained free from contamination and all
water inlets for plumbing fixtures shall be located above the overflow rim of the
fixture.
(Ord. 12, passed - -96)
§ 154.643 SUPPLY.
The water supply systems shall be installed and maintained to provide at
all times a supply of water to plumbing fixtures, devices, and appurtenances in
sufficient volume and at pressures adequate to enable them to function
satisfactorily.
(Ord. 12, passed - -96)
§ 154.644 WATER HEATING FACILITIES.
Where hot water is provided, water heating facilities shall be installed in an
approved manner, properly maintained, and properly connected with hot water
lines to the fixtures required to be supplied with hot water. Water heating facilities
shall be capable of heating water to such a temperature as to permit an adequate
amount of water to be drawn at every required kitchen sink, lavatory basin,
bathtub, shower, and laundry facility or other similar units, at a temperature of not
less than 120 degrees Fahrenheit.
(Ord. 12, passed - -96)
§ 154.645 TEMPERATURE/PRESSURE RELIEF VALVE ASSEMBLY.
Water heating facilities shall be equipped with a temperature/pressure
relief valve and drain, installed and maintained in accordance with the current
adopted [Building Officials and Code Administrators (BOCA)] Plumbing Code as
amended.
(Ord. 12, passed - -96)
SEWAGE SYSTEM
§ 154.651 GENERAL.
Every sink, lavatory, bathtub or shower, drinking fountain, toilet or other
facility shall be properly connected to either a public sewer system or to an
approved private sewage disposal system.
(Ord. 12, passed - -96)
§ 154.652 MAINTENANCE.
Every plumbing stack, waste and sewer line shall be so installed and
maintained as to function properly and shall be kept free from obstructions, leaks
and defects to prevent structural deterioration or health hazards. All repairs and
installations shall be made in accordance with the provisions of the building code
or plumbing code.
(Ord. 12, passed - -96)
MECHANICAL AND ELECTRICAL REQUIREMENTS GENERAL
§ 154.701 SCOPE.
The provisions of this subchapter shall govern the minimum mechanical
and electrical facilities and equipment to be provided. All mechanical and
electrical facilities and equipment shall comply with the requirements herein
prescribed insofar as they are applicable.
(Ord. 12, passed - -96)
The owner of the structure shall provide and maintain mechanical and
electrical facilities and equipment in compliance with these requirements. A
person shall not let to another for occupancy or use any premises which do not
(Ord. 12, passed - -96)
HEATING FACILITIES
§ 154.711 RESIDENTIAL BUILDINGS.
Every rental unit and guest room shall be provided with heating facilities
capable of maintaining a room temperature of 65 degrees F, at a point three feet
above the floor and three feet from an exterior wall in all habitable rooms,
bathrooms, and toilet rooms. The heating system in all residential buildings
containing fewer heating facilities than rental units shall be balanced in a manner
which will ensure that all rental units are capable of maintaining a room
temperature of 65 degrees F, at a point three feet above the floor and three feet
from an exterior wall in all habitable rooms, bathrooms, and toilet rooms. The
heating system(s) shall be balanced in such a manner which will ensure that
every rental unit and every habitable room, bathroom, and toilet room within each
rental unit is being heated to a temperature reasonably close to the temperature
indicated by the controlling thermostat.
(Ord. 12, passed - -96)
§ 154.712 COOKING AND HEATING EQUIPMENT.
All cooking and heating equipment, components, and accessories in every
heating, cooking, and water heating device shall be maintained free from leaks
and obstructions, and kept functioning properly so as to be free from fire, health,
and accident hazards. All installations and repairs shall be made in accordance
with the provisions of the building code, or other laws or ordinances applicable
thereto. Portable cooking equipment employing flame is prohibited, except for
approved residential type food trays or salvers which are heated by a candle or
alcohol lamp.
(Ord. 12, passed - -96)
All mechanical equipment shall be properly installed and safely maintained
in good working condition, and be capable of performing the function for which it
was designed and intended.
(Ord. 12, passed - -96)
§ 154.714 FLUE.
All fuel-burning equipment shall be connected to an approved chimney,
flue or vent.
(Ord. 12, passed - -96)
§ 154.715 CLEARANCES.
All required clearances to combustible materials shall be maintained.
(Ord. 12, passed - -96)
§ 154.716 SAFETY CONTROLS.
All safety controls for fuel burning equipment shall be maintained.
(Ord. 12, passed - -96)
§ 154.717 COMBUSTION AIR.
A supply of air for complete combustion of the fuel and for ventilation of
the space shall be provided the fuel-burning equipment.
(Ord. 12, passed - -96)
§ 154.718 FIREPLACES.
Fireplaces and other construction and devices intended for use similar to a
fireplace, shall be stable and structurally safe, connected to approved chimneys
and equipped with a damper or other approved device capable of substantially
excluding air infiltration.
(Ord. 12, passed - -96)
§ 154.719 CLIMATE CONTROL.
When facilities for interior climate control (heating, cooling, and/or
humidity) are integral functions of structures used as dwelling units or other
occupancies, such facilities shall be maintained and operated in a continuous
manner in accordance with the designed capacity.
(Ord. 12, passed - -96)
ELECTRICAL FACILITIES
§ 154.721 OUTLETS REQUIRED.
Where there is electric service available to a structure, every habitable
room of a rental unit, and every guest room, shall contain at least two separate
and remote outlets, one of which may be a ceiling or wall type electric light
fixture. In a kitchen, three separate and remote wall type electric convenience
outlets or two convenience outlets and one ceiling or wall type electric light fixture
shall be provided. Every public hall, toilet room, bathroom, laundry room or
furnace room shall contain at least one electric light fixture. In addition to the
electric light fixture in every bathroom and laundry room there shall be provided
at least one electric outlet.
(Ord. 12, passed - -96)
All electrical equipment, wiring and appliances shall be installed and
maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
(Ord. 12, passed - -96)
§ 154.723 DEFECTIVE SYSTEM.
Where it is found, in the opinion of the Building Commissioner, that the
electrical system in a structure constitutes a hazard to the occupants of the
structure by reason of inadequate service, improper fusing, insufficient outlets,
improper wiring or installation, deterioration or damage, or for similar reasons,
defects shall be required to be corrected. If electrical violations are cited which
require the existing electrical system of a structure to be substantially upgraded,
the Building Commissioner, owner, or tenant may have the City Electrical
Inspector conduct an inspection of the electrical system.
(Ord. 12, passed - -96)
FIRE SAFETY REQUIREMENTS GENERAL
§ 154.801 SCOPE.
The provisions of this subchapter shall govern the minimum fire safety
facilities and equipment to be provided. All structures shall be constructed and
maintained to prevent and avoid fire hazards, and in a manner conducive to fire
safety. All fire safety facilities and equipment shall comply with the requirements
herein prescribed insofar as they are applicable.
(Ord. 12, passed - -96)
The owner of the structure shall provides and maintain such fire safety
facilities and equipment in compliance with these requirements and the fire
prevention code. A person shall not let to another for occupancy or use any
premises which do not comply with the following requirements of this subchapter.
(Ord. 12, passed - -96)
MEANS OF EGRESS
§ 154.811 GENERAL.
A safe, continuous and unobstructed means of egress shall be provided
from the interior of a structure to the exterior at a street, or to a yard, court, or
passageway leading to a public open area at grade.
(Ord. 12, passed - -96)
§ 154.812 DIRECT EXITS.
Every rental unit shall have access directly to the outside or to a public
corridor, and every sleeping room shall have an approved direct means of egress
to the outside.
(Ord. 12, passed - -96)
§ 154.813 LOCKED DOORS.
All doors in the required means of egress shall be readily openable from
the inner side without the use of keys. Exits from dwelling units, hotel units and
lodging units, and dormitory units shall not lead through other such units, or
through toilet rooms or bathrooms.
(Ord. 12, passed - -96)
§ 154.814 FIRE ESCAPES.
All required fire escapes shall be maintained in working condition and
structurally sound.
(Ord. 12, passed - -96)
§ 154.815 EXIT SIGNS.
All exit signs shall be maintained illuminated and visible.
(Ord. 12, passed - -96)
ACCUMULATIONS AND STORAGE
§ 154.821 ACCUMULATIONS.
Waste, refuse, or other materials shall not be allowed to accumulate in
stairways, passageways, doors, windows, fire escapes, or other means of
egress.
(Ord. 12, passed - -96)
§ 154.822 FLAMMABLE MATTER.
Highly flammable or explosive matter, such as paints, volatile oils, and
cleaning fluids, or combustible refuse, such as waste paper, boxes, and rags
shall not be accumulated or stored on residential premises except in reasonable
quantities consistent with normal usage.
(Ord. 12, passed - -96)
§ 154.823 RESIDENTIAL UNIT.
A dwelling unit or rooming unit shall not be located within a structure
containing an establishment handling, dispensing or storing flammable liquids
with a flash point of 110 degrees F or lower, except as provided for in the building
code.
(Ord. 12, passed - -96)
FIRE RESISTANCE RATINGS
§ 154.831 GENERAL.
Floors, walls, ceilings, and other elements and components required to
develop a fire resistance rating shall be maintained so that the respective fire
resistance rating of the enclosure, separation, or construction is preserved.
(Ord. 12, passed - -96)
§ 154.832 HEATERS FURNACES AND WATER LOCATED IN SLEEPING
ROOMS AND BASEMENTS WITH SLEEPING ROOMS.
All petrochemical furnaces and petrochemical water heaters located in
sleeping rooms, or in basements containing sleeping rooms, shall be separated
from the sleeping rooms by an enclosure which shall consist of 5/8" Type X
gypsum wallboard taped and spackled on both sides of all walls of the enclosure.
The enclosure shall extend from floor to ceiling and shall be constructed to
eliminate all openings in the enclosure. Access doors and panels shall be solid-
core or shall be covered on both sides with 5/8" Type X gypsum wallboard. If
combustion air cannot be supplied from the exterior of the structure or from
another interior area of the structure, it shall be permissible to install louvered
grills in the door, access panel or wall of the enclosure. Exception:
Petrochemical furnaces and petrochemical water heaters located in sleeping
rooms, or in basements containing sleeping rooms, that have previously been
inspected and approved for occupancy shall be exempted from the requirements
above provided that conditions and use have not changed and provided that it
can be determined that at the time of previous inspections, the situation was
deemed safe and acceptable to the inspector.
(Ord. 12, passed - -96)
FIRE PROTECTION SYSTEMS
§ 154.841 GENERAL.
All fire protection systems and equipment shall be maintained in proper
operating condition at all times.
(Ord. 12, passed - -96)
§ 154.842 FIRE ALARMS.
Fire alarms and detecting systems shall be maintained and be suitable for
their respective purposes.
(Ord. 12, passed - -96)
§ 154.843 SPRINKLER HEADS.
Sprinkler heads of fire suppression systems shall be maintained clean,
free of corrosion and paint, and not bent or damaged.
(Ord. 12, passed - -96)
§ 154.844 STANDPIPE SYSTEMS.
Hose stations shall be identified and accessible. The hose shall be in
proper position, ready for operation, dry, and free of deterioration.
(Ord. 12, passed - -96)
§ 154.845 FIRE EXTINGUISHERS.
Each rental unit shall have reasonable access to an adequately sized fire
extinguisher that is visible, accessible and maintained in an efficient and safe
operating condition.
(Ord. 12, passed - -96)
§ 154.846 SMOKE DETECTORS, TYPE AND PLACEMENT.
Only ionization or photo electric type smoke detectors approved by a
nationally recognized testing laboratory shall be installed.
(Ord. 12, passed - -96)
§ 154.847 SMOKE DETECTORS WITH POWER SOURCES.
Smoke detectors with power sources not directly connected to an AC
primary power source may be battery-powered in self-monitored detectors or
operated from an electrical outlet which is fitted with a plug restraining device,
provided the outlet is not controlled by any switch other than the main power
supply; provided further that nothing in this Chapter shall be construed to permit
battery-operated smoke detectors when such are otherwise prohibited by the
Indiana Building Code, Indiana One and Two Family Dwelling Code, or by state
statute.
(Ord. 12, passed - -96)
§ 154.848 PLACEMENT OF SMOKE DETECTORS.
Smoke detectors shall be placed in accordance with applicable N.F.P.A.
(National Fire Protection Association) standards for the installation, maintenance,
and use of household fire warning equipment. Detectors may be ceiling or wall
mounted, provided that if wall mounted they shall be within 12 inches, but not
closer than six inches of the ceiling; and provided further that the Chief of the City
Fire Department, or his/her designee, may approve and authorize, in writing,
specific placement of smoke detectors in a rental building upon request of an
owner. A copy of such written approval shall be provided to the Housing Code
Enforcement officer of the city.
(Ord. 12, passed - -96)
§ 154.849 SMOKE DETECTORS IN DWELLING UNITS.
In a dwelling unit which contains a well-defined sleeping room(s)
separated from the other activity areas of the same unit, the detector shall be
located in the corridor within the unit or interior area giving access to the rooms
used for sleeping purposes. In a dwelling unit where a single smoke detector will
not adequately service all sleeping areas, there shall be a smoke detector
installed adjacent to each sleeping area.
(Ord. 12, passed - -96)
§ 154.850 SMOKE DETECTORS IN RENTAL BUILDINGS.
In a rental building which contains a rooming unit(s), there shall be a
smoke detector installed in each sleeping room.
(Ord. 12, passed - -96)
§ 154.851 SMOKE DETECTORS IN RENTAL BUILDINGS WITH DWELLING
UNITS.
In a rental building containing two or more dwelling units or any rooming
unit, in addition to the requirement for individual smoke detectors in each
dwelling unit or rooming unit, detectors shall be placed in centrally located
common areas so that smoke detectors will adequately service all sleeping
areas; at a minimum one detector shall be located on each level of a rental
building, including basements but excluding crawl spaces and unfinished attics.
Installation and maintenance shall be in accordance with § 94.249 of the City
Municipal code.
(Ord. 12, passed - -96)
RESPONSIBILITIES OF PERSONS GENERAL
§ 154.901 SCOPE.
The provisions of this subchapter shall govern the responsibilities of
persons for the maintenance of structures, and the equipment and premises
thereof.
(Ord. 12, passed - -96)
SANITARY CONDITION
For purposes of the § 154.810 series, clean and sanitary means a
condition that does not constitute a hazard to public health or safety, or contribute
to the physical deterioration of the premises.
(Ord. 12, passed - -96)
§ 154.911 CLEANLINESS.
Every occupant of a structure or part thereof shall keep that part of the
structure or premises thereof which the individual occupies, controls, or uses in a
clean and sanitary condition. Every owner of a structure containing two or more
rental units shall maintain in a clean and sanitary condition the shared or public
areas of the structure and premises thereof. Exception: The occupant in a
structure with a common leasing agreement and common bathroom, hallway
and/or kitchen shall maintain the common areas, equipment and fixtures in a
clean and sanitary condition.
(Ord. 12, passed - -96)
§ 154.912 DISPOSAL OF GARBAGE, REFUSE AND RUBBISH.
Every occupant of a structure or part thereof shall dispose of all garbage,
refuse and rubbish in a clean and sanitary manner in accordance with all
applicable provisions of the City Municipal Code.
(Ord. 12, passed - -96)
§ 154.913 GARBAGE, REFUSE AND RUBBISH STORAGE FACILITIES.
Every owner of a rental building containing three or more rental units shall
supply approved refuse containers sufficient to meet the reasonable needs of the
occupants. If City Refuse Collection is not available, the owner shall be
responsible for the removal of the garbage, refuse and rubbish. "Approved refuse
containers" shall have the meaning set forth in City Municipal Code Chapter 96.
(Ord. 12, passed - -96)
§ 154.914 GARBAGE, REFUSE AND RUBBISH STORAGE FACILITIES.
Every occupant of a single family structure or duplex shall supply
approved refuse containers for storage or garbage, refuse and rubbish and shall
properly dispose of said garbage, refuse and rubbish. If City Refuse Collection is
not available, the owner shall be responsible for the removal of the garbage,
refuse and rubbish. "Approved refuse container" shall have the meaning set forth
in City Municipal Code Chapter 96.
(Ord. 12, passed - -96)
§ 154.915 FOOD PREPARATION.
All spaces used or intended to be used for food preparation shall contain
suitable space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary disposal
of food wastes and refuse, including facilities for temporary storage where
necessary.
(Ord. 12, passed - -96)
§ 154.916 SUPPLIED FIXTURES AND EQUIPMENT.
The owner or occupant of a structure or part thereof shall keep the
supplied equipment and fixtures clean and sanitary and shall be responsible for
the exercise of reasonable care in their proper use and operation. Exception:
The occupant shall be responsible for keeping the supplied equipment and
fixtures clean and sanitary provided that the owner furnished the Housing Code
Office with documentation that the equipment and fixtures were clean and
sanitary prior to the occupant taking possession of the dwelling.
(Ord. 12, passed - -96)
§ 154.917 FURNISHED BY OCCUPANT.
The equipment and fixtures furnished by the occupant of a structure shall
be properly installed, and shall be maintained in good working condition, kept
clean and sanitary, and free of defects, leaks or obstructions
(Ord. 12, passed - -96)
EXTERMINATION
§ 154.921 GENERAL.
All structures and premises shall be kept free from insect and rodent
infestation, and where insects or rodents are found, they shall be promptly
exterminated by acceptable processes which will not be injurious to human
health. After extermination proper precautions shall be taken to prevent
reinfestation.
(Ord. 12, passed - -96)
§ 154.922 OWNER.
The owner of any structure shall be responsible for extermination within
the structure prior to renting, leasing, assigning, or selling the structure.
(Ord. 12, passed - -96)
§ 154.923 TENANT-OCCUPANT.
The tenant-occupant of any structure shall be responsible for the
continued insect and rodent-proof condition of the structure and if the tenant
occupant fails to maintain the insect and rodent-proof condition, the cost of
additional extermination shall be the responsibility of the tenant-occupant.
(Ord. 12, passed - -96)
§ 154.924 SINGLE FAMILY DWELLING.
(A) The occupant shall be responsible for extermination of insects,
rodents, vermin or other pests in the structure on the premises where:
(1) The first observable signs of infestation appear more than 30

days after the occupant takes possession of the premises; or, is
(2) The first observable signs of infestation appear within 30

days after the occupant takes possession of the premises, and the occupant fails
to notify the owner of the infestation within the 30 day period; or
(3) The owner, after being notified pursuant to subsection (2) of
this division, has undertaken extermination which eliminated infestation within 45
days after the extermination began; or
(4) Whenever the Building Commissioner determines that

infestation was caused by the occupant's violation of housekeeping provisions of
the Housing Code, regardless of when the infestation occurs or is reported to the
owner.
(B) The owner shall be responsible for extermination where:
(1) The occupant notifies the owner of the infestation within 30

days of the occupant's occupancy; or,
(2) After the owner has been notified pursuant to subsection (1)
of this division, infestation still exists 45 days after extermination was
commenced; except that if the owner presents the Housing Code Office with
proof that a satisfactory effort was made to control the infestation, then the
occupant shall be responsible for further extermination if continued infestation is
attributable to the occupant.
(Ord. 12, passed - -96)
§ 154.925 MULTIPLE OCCUPANCY.
Every owner, agent or operator of a structure containing two or more
rental units shall be responsible for the extermination of insects, rodents or other
pests in the shared or public areas of the structure and premises. The owner
shall be responsible for extermination within each rental unit, except that where
an occupants poor housekeeping has caused infestation, the occupant shall be
responsible for extermination within the occupant's rental unit.
(Ord. 12, passed - -96)
§ 154.926 CONTINUED RODENT INFESTATION.
Continuing or repeated incidents of rodent infestation determined from the
official records as provided in § 154.826 of this code shall require the installation
of rat and vermin-proof walls. The rat and vermin-proof walls shall be installed in
accordance with the building code.
(Ord. 12, passed - -96)
CHAPTER 155: HOUSING CODE RENTAL DWELLING
Section
General Provisions
155.001 Definitions
155.002 Purpose; rules of construction
155.003 Compliance required; application of chapter
155.004 Inventory and damage list; security deposits
155.005 Disclosures
155.006 Registration of rental units required
155.007 Inspections; right of entry; fees
155.008 Occupancy permits
155.009 Retaliatory eviction prohibited
155.010 Penalty
155.011 Severability
As used in this chapter, the following terms have the following meanings
unless otherwise designated:
“DWELLING UNIT.” A single unit providing complete, independent living

facilities for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
“HOUSING CODE.” The Building Officials and Code Administrators

International Basic Property Maintenance Code, First Edition, 1978, and all
amendments thereto as adopted in Chapter 154 of the City Municipal Code.
“ORGANIZATION.” Includes a corporation, government, governmental

subdivision or agency, business trust, estate, trust, partnership or association,
two or more persons having a joint or common interest, and any other legal or
commercial entity.
“OWNER.” Any person, agent, firm or corporation having a legal or

equitable interest in the property.
“PERSON.” A corporation or co-partnership as well as an individual.
“PREMISES.” A lot, plot or parcel of land including the buildings or

structures thereon.
“RENTAL BUILDING.” A building containing one or more rental units.
“RENTAL DWELLING UNIT.” A dwelling unit in a residential premises

covered by a tenancy agreement.
“RENTAL UNIT.” A rented dwelling unit or rooming unit.
“ROOMING UNIT.” Any room or group of rooms forming a single habitable

unit used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
“SECURITY DEPOSIT.” Any advance or deposit of money, regardless of

its denomination, the primary function of which is to secure the performance of a
tenancy agreement for rental premises or any part thereof.
“TENANT.” Any person entitled to occupy a rental unit under a tenancy
agreement to the exclusion of others.
“TENANCY AGREEMENT.” Includes all agreements, written, oral or

implied, and valid rules and regulations embodying the terms and conditions
concerning the use and occupancy of a rental unit and premises.
“TRANSIENT OCCUPANCY.” Occupancy which is less than two weeks

duration in the same or similar units owned by the same owner.
(Ord. 13, passed - -96)
§ 155.002 PURPOSE; RULES OF CONSTRUCTION.
This chapter shall be liberally construed and applied to promote its
underlying purpose, which is to encourage the maintenance and improvement of
the quality of housing in the city.
(Ord. 13, passed - -96)
§ 155.003 COMPLIANCE REQUIRED; APPLICATION OF CHAPTER.
(A) No person shall occupy or maintain a rental unit within the city
unless in accordance with the provisions of this chapter.
(B) This chapter applies to rental units located within the city, including
governmental or public agencies acting as landlords, but shall not apply to the
following arrangements unless the arrangements are created to avoid the
application of the chapter:
(1) Occupancy by the purchaser of a dwelling unit under a

contract of sale;
(2) Transient occupancy in a hotel, motel or other similar

lodgings;
(3) Owners who reside in a single-family dwelling unit but who

wish to lease to individuals or a family while they are absent from the city for
short periods of time, not to exceed one year, and who intend to return to their
single-family dwelling unit at the expiration of the lease period;
(4) Owners who occupy the premises, rent to one tenant, and
share common bathroom and kitchen facilities with the tenant.
(Ord. 13, passed - -96)
§ 155.004 INVENTORY AND DAMAGE LISTS; SECURITY DEPOSITS.
(A) The owner or his agent shall contact the tenant and arrange a joint
inspection of the premises to occur within ten days of the tenant's occupancy of
the rental unit. The owner or his agent and the tenant shall at that time jointly
complete an inventory and damage list, and this shall be signed by all parties to
the tenancy agreement. Duplicate copies of the inventory and damage list shall
be deemed a part of the tenancy agreement.
(B) The owner or his agent shall contact the tenant and arrange a joint
inspection of the premises to occur at the end of the tenant’s occupancy and
prior to the occupancy of the next tenant. Any damages to the rental unit shall be
noted on the inventory and damage list, and the list shall thereupon be signed by
the parties. If the parties can agree to the cost of repair, such portion as is due
the tenant, shall be refunded within 45 days.
(C) (1) The owner or his agent shall have a duty to initiate the joint
inspections; however, both the owner or his agent and the tenant shall have an
affirmative duty to make a good-faith effort in scheduling joint inspections. In the
event the owner or his agent is unable to schedule an inspection with the tenant
through contacting the tenant by telephone, personal message or personal
contact, the owner or his agent may show compliance with this section by
producing the following: a carbon copy of a letter to tenant stating the time and
place of inspection; and, a normal business record showing that this letter was
mailed to the tenant by first class mail at least two days prior to the date of the
inspection.
(2) If the owner or owner’s agent cannot arrange a joint

inspection pursuant to the above procedures, the owner or agent shall complete
the inspection, noting on a signed and dated inspection report any damages
which exceed normal wear and tear.
(D) The owner’s or agent's copy of all inspection reports shall be

retained for a minimum of the present lease period and two subsequent lease
periods, or for a period of four years, whichever is less.
(Ord. 13, passed - -96)
§ 155.005 DISCLOSURE.
(A) A party signing a tenancy agreement as owner shall disclose
therein or in a separate writing furnished to the tenant at or before the
commencement of tenancy the name and usual address of each person who is:
(1) Authorized to manage the premises; and
(2) An owner of the premises or his agent who is authorized to

act for and on behalf of the owner for the purpose of service of process and for
the purpose of receiving all notices and demands.
(B) In case of an oral tenancy agreement, the owner or his agent, upon
written request, shall furnish the tenant with a written statement containing the
information required by division (A) of this section.
(C) The information required by this section shall be kept current. The
provisions of this section shall extend to and be enforceable against any
successor owner or manager.
(D) In addition, the owner or owner’s agent shall provide to each
tenant, at or before the commencement of occupancy, a summary of the tenants'
and owners' rights and responsibilities, in such form as shall be prescribed by the
Building Commissioner. For purposes of this division it shall be sufficient if the
owner furnished one copy of the summary to each rental unit at or before each
change in occupancy and obtains the signatures of the parties to the contract on
the summary.
(E) The Building Commissioner shall furnish, upon request, to each

registered owner or owner's agent of rental property subject to this chapter a
copy of the City Housing Code. The housing quality ordinance and a sufficient
number of copies of the summary required by division (D) of this section shall be
provided to each owner or owner's agent to permit distribution of the summary to
each rental unit. Owners shall contact the Clerk-Treasurer for additional copies
as needed. The Clerk-Treasurer shall make available additional copies of the
summary as owners need them. Owners who first register rental property after
the effective date of this subsection shall be furnished the housing quality
ordinance at the time of registration. Owners already registered on the effective
date of this subsection shall be furnished the housing quality ordinance no later
than the time of the next cycle inspection.
(Ord. 13, passed - -96)
§ 155.006 REGISTRATION OF RENTAL UNITS REQUIRED.
(A) No owner of real estate within the city shall use real estate for the
purpose of erecting or maintaining a rental unit thereon without registering such
property with the Building Commissioner’s Officer of the city. Such registration
shall be effected by furnishing to such department, upon a form furnished by the
department, the following information:
(1) Name of owner;
(2) Address of owner;
(3) Street address of property;
(4) Brief description of type and number of rental unit(s); and
(5) Name and street address of agent, if any, authorized to

receive notification of complaints, damages, emergencies, substandard
conditions or other communications, including service of process. The address
of any agent so designated shall be within the state. Any owner who does not
reside in the state shall be required to designate such an agent.
(B) The registration form shall be signed by the owner.
(C) Whenever ownership of a rental unit changes, the new owner shall
register the property.
(D) Notification of the owner or his agent at the address shown on the
registration form shall constitute sufficient notice pursuant to any provision of this
chapter.
(E) It shall be a violation of this chapter for any owner to maintain a

rental unit which has not been registered in accordance with this section.
(Ord. 13, passed - -96)
§ 155.007 INSPECTION; RIGHT OF ENTRY; FEES.
(A) (1) Each rental unit and premises within the city shall be
inspected by the Building Commissioner or his duly authorized assistant
immediately prior to the expiration of its occupancy permit, to establish the
compliance with the Housing Property Maintenance Code, Health and Hospital
Corporation of Marion County and the Marion County Department of Metropolitan
Development Dwelling District Zoning Ordinance. Occupancy permits shall be
issued for a three, four or five year period, as determined by divisions (B), (C),
(D) and (E) of this section.
(2) No rental unit having a current occupancy permit shall be

inspected in good faith more often than is required for the renewal of the
occupancy permit, unless a request for inspection is made as provided in division
(E) of this section.
(B) Three-year permit. A three-year occupancy permit shall be issued

for each rental unit upon which a cycle inspection or a complete off-cycle
inspection is performed after the effective date of the ordinance codified in this
section, where the owner or agent fails to have the unit re-inspected and found in
compliance with the inspection report, excluding exterior painting, within 60 days
after such report is mailed to the owner or agent.
(C) Off-cycle inspections may be done at the discretion of the Building

Commissioner, upon the written, signed request of any resident of the city, any
governmental agency, or the rental unit’s tenant, the tenant's legal
representative, the owner, or the owner's agent. An off-cycle inspection shall be
confined to the defects complained of, if any, by the person requesting the
inspection unless the Building Commissioner determines that the condition of the
rental unit or premises has deteriorated since the last cycle inspection to such an
extent that a complete inspection is required to effectuate the purposes of the
Housing Property Maintenance Code, in which case a complete off-cycle
inspection is performed, a new occupancy permit shall be issued upon
compliance. Such permit shall be for a three-year period, provided all violations
excluding exterior painting are satisfactorily completed, and the unit re-inspection
within 60 days after the receipt of the inspection report by the owner or owner's
agent. Such permit shall be for a three-year period if the owner or agent fails to
have the unit re-inspected and found in compliance with the inspection report,
excluding exterior painting, within 60 days after such report is mailed to the
owner or agent.
(D) All cycle inspections and complete off-cycle inspections shall be

charged an inspection fee to be determined by reference to the schedule in
division (G). Complaint and limited off-cycle inspections shall not be charged an
inspection fee. An administrative fee or three times the inspection fee shall be
assessed in addition to the inspection fee for any rental properties subject to this
code and operating without a valid Rental Occupancy Permit. First re-
inspections, and re-inspections necessary to obtain information for appeals to the
City Council shall not be charged an inspection fee. The fee for each subsequent
re-inspection that requires entry to the rental unit after the first re-inspection shall
be $25 per rental unit. The failure of a property owner or his appointed
representative to meet the inspector(s) at a confirmed scheduled appointment
when the failure results in the inspector being unable to complete the inspection,
shall cause an assessment of a no-show fee of $25. Inspectors shall be required
to remain at the property until 15 minutes past the appointed time. All fees shall
be paid by the owner or his agent prior to the issuance of an occupancy permit.
All fees are to be paid within 30 days of assessment or any occupancy permit will
rescind.
(E) The Fee Schedule for inspections shall be as follows:
NUMBER OF UNITS/RENTAL BUILDING: FEE
First Time Inspection:
Single family/one unit rental building: $40.

Duplex/two unit rental building: $50.
3-4 units per rental building: $65.
26 units and over per rental building: $245.
Regular Inspection:
Single family/one unit rental building: $30.

Duplex/two unit rental building: $40.
26 units and over per rental building: $225.
(F) Unless waived by the landlord or tenant, the following procedure
shall be used to obtain entry to rental units for the purpose of inspection. The
owner of the unit shall be contacted and a date shall be established for
inspection. The owner shall also furnish to the Building Commissioner a current
list of tenants in each rental unit. The Building Commissioner shall then send a
letter to each tenant informing them of the date of the inspection. If no response
is received from the tenant, consent to enter will be presumed. An official record
shall be maintained of all notices required by this section and all responses
received to the notices. The landlord shall be responsible for granting access to
the inspector upon presentation of a copy of the official record of notices and
responses. If the tenant refuses entry for inspection after proper notification, the
Building Commissioner shall not inspect without first obtaining a search warrant.
(Ord. 13, passed - -96)
§ 155.008 OCCUPANCY PERMITS.
(A) All rental units and premises inspected pursuant to Chapter 154
and found not to be in violation of the housing code shall be issued an occupancy
permit by the Building Commissioner. Upon registration of a rental unit not
previously used as such, the Building Commissioner shall issue a temporary
occupancy permit which shall be in effect until the unit has been inspected and
either an occupancy permit has been issued or the temporary permit is revoked
as provided in division (D) of this section.
(B) All rental units shall be required to have a current occupancy permit
to be displayed on the inside of the main entrance of the unit. The permit shall
contain the name of the owner or his agent and the expiration date of the permit.
(C) The owners of rental units and premises found to be in violation of

the housing code shall be notified in writing of the reason for disapproval and the
reasonable time period during which compliance with the housing code is
expected.
(D) At the end of the time period specified if the notice described in
division (C), any rental unit or premises found to be in violation of the housing
code shall be re-inspected by the city at the request of the owner or his agent
after such owner or agent has effected those corrections and additions required
by the city as a result of any previous inspection, and upon such re-inspection
such rental unit and premises shall be approved or disapproved for an
occupancy permit. If re-inspection is not requested by the owner or his agent at
the end of the time period specified in the notice described in division (C), or
upon re-inspection the unit and premises is not approved, any occupancy permit
shall be revoked.
(E) It shall be a violation of this chapter for any owner to maintain a

rental unit without an occupancy permit.
(Ord. 13, passed - -96)
§ 155.009 RETALIATORY EVICTION PROHIBITED.
It shall be a violation of this chapter for any owner or his agent to bring or
threaten to bring an action for possession for the purpose of retaliating against a
tenant for requesting an inspection as provided for in division (C) of § 150.307.
(Ord. 13, passed - -96)
§ 155.010 PENALTY.
Any person, firm or corporation who violates any provision of this chapter
shall, upon conviction thereof, be subject to a fine of not more than $100 and
other penalties provided in § 150.999 General Penalty of the City Municipal
Code. Each day that a violation continues shall be deemed a separate offense. In
addition, the City Building Commissioner may:
(A) Declare a rental unit to be unsafe as provided by the Housing-

Property Maintenance Code in § 154.051.
(B) Issue an emergency order where immediate action is required to

protect the health and safety of the public or of the occupants of the rental unit as
provided by the Housing-Property Maintenance Code in § 154.061.
(C) Seek any of the additional remedies provided by the Housing-

Property Maintenance Code in § 154.082 which provides for an appropriate
action or proceeding at law or in equity against the person responsible for the
violation for the purpose of ordering him to:
(1) Restrain, correct or remove the violation or refrain from any

further execution of work,
(2) Restrain or correct the erection, installation, or alteration of

such structure,
(3) Require the removal of work in violation, or
(4) Prevent the occupation or use of the structure, or part

thereof erected, constructed, installed or altered in violation of, or not in
compliance with, the provisions of this code, or in violation of a plan or
specification under which an approval, permit or certificate was issued.
(Ord. 13, passed - -96)
§ 155.011 SEVERABILITY.
circumstances is held invalid, the invalidity does not affect other provisions or
applications of this chapter which can be given effect without the invalid provision
or application, and to chapter are severable.
(Ord. 13, passed - -96)
TABLE OF SPECIAL ORDINANCES
Table
I. ANNEXATIONS, DISANNEXATIONS
II. EASEMENTS
III. REAL ESTATE TRANSACTIONS
IV. VACATIONS
V. ZONING MAP CHANGES
VI. CONTRACTS
TABLE I: ANNEXATIONS, DISANNEXATIONS

ORD. NO. DATE DESCRIPTION
2-l953 6-1-53 Park Crest addition; part of southeast quarter of
section 28, township 15 north
7-l956 l0-1-56 Park Crest addition; part of northeast quarter of

8-1956 10-1-56 South Park at part of southeast quarter of

3-1957 4-1-57 Part of lot 1 of Hansing Estate Subdivision
2-1960 2-16-60 Corner of Ninth St. and Cincinnati St.;

parochial school
16-196l 12-4-61 Part of southeast quarter section 33 and part of

southwest quarter section 28, both of township 15 north
4-1962 3-5-62 Part of northeast quarter of southwest quarter of

5-1962 4-2-62 Right-of-way of South Emerson Ave. beginning at

intersection with Cincinnati St.; also property in township 15 north
14-1962 8-20-62 Churchman property at intersection of East

Emerson Ave. and Churchman Ave.
9-1963 10-7-63 Part of southeast quarter of section 28,

township 15 north
9-1965 10-18-65 Part of northeast quarter of section 34,

township 15 north, and part of southeast quarter of section 27 of same
10-1965 11-1-65 Southwest quarter of section 28, township 15
north beginning at a point 225 feet south from northeast
corner of section
2-1966 3-21-66 Land in sections 22, 26, and 27 of township 15

north
3-1966 3-21-66 Part of northwest quarter of section 34,

township 15 north
1-1968 4-1-68 Part of northeast quarter of section 34,

township 15 north
1-1969 1-20-69 Beginning at a point which is

intersection of centerline of Emerson Ave. and the north right-of-way line
of I-465
2-1969 1-20-69 Beginning at the intersection of Emerson Ave.

and the north right-of-way line of Elmwood Ave.
3-1969 1-20-69 Beginning at the intersection of the center line

of Hanna Ave. and north right-of-way line of I-465
4-1969 1-20-69 Beginning at the intersection of the center lines

of Churchman Ave. and Ritter Ave.
7-1969 6-16-69 Beginning at the intersection of the center line

of Emerson Ave. and the south right-of-way line of projected Hanna Ave.
10-19-69 6-16-69 Beginning at the intersection of the center lines

of Emerson Ave. and Thompson Road.
20-1969 9-15-69 Part of southwest quarter of section 28,

township 15 north
26-1969 12-22-69 Beginning at the intersection of the north right-

of-way line of I-465 and the west right-of-way line of Hanna Ave.
18-1971 10-4-71 Part of southwest quarter of section 33,

township 15 north
5-1972 7-3-72 Part of northwest quarter of section 34, township 15

north
3-1973 - -73 Part of southwest quarter of section 34,

township 15 north, range 4 east
9-1979 6-4-79 Disannexing certain property owned in total by SAL
cor, Inc.
Spec. 7-1-85 Annexing two parcels of land, both

Ord. located in the southwest quarter of section
5-1985 33, township 15 north, range 4 east of the
second principal meridian in Perry Township.
(1) Willow Glen Apartments, Phase I,

containing
approximately 3.7964 acres.
(2) Willow Glen Apartments, Phase II,

containing
approximately 16.6086 acres.
7-1993 9-27-93 Disannexing certain property owned by John

R. Hammond and Cappie Durbin Hammond.
4-1994 4-4-94 Part of the northwest quarter of section 33, township

15 north, range 4 east.
8-1994 9-19-94 Part of the southwest quarter of section 28,

township 15 north, range 4 east and part of the northwest quarter of section 33,
township 15 north, range 4 east.
TABLE II: EASEMENTS
1-1968 1-l5-68 Easement for water main to
Indianapolis Water Co.
1-1970 4-20-70 Easement to Cleveland, Cincinnati,

Chicago and St. Louis Railway Co. and the Penn Central Transportation Co.
Res. 1-1985 1-7-85 Allowing an encroachment on the public

right-of-way, being a fence at l37 South l3th Ave.
2-1988 7-18-88 Easement and right-of-way for drainage

purposes to the city of Indianapolis by its Board of Public Works.
TABLE III: REAL ESTATE TRANSACTIONS
6-1959 5-2-59 City land appropriated for public school
3-1960 4-18-60 Right-of-way grant in section 33, township 15

north
Res. 4-1975 2-3-75 Conveying and transferring that portion of Subway St.
heretofore vacated to the Newcomer Lumber Company
Res. 4-1982 6-7-82 Real estate conveyed in fee simple title to adjoining
property owners being a part of the west half of the southeast quarter of section
20, township 15 north, range 4 east
6-1982 10-4-82 Real estate conveyed in fee simple title to

adjoining property owners being a part of the west half of the southeast quarter of
section 20, township 15 north, range 4 east
TABLE IV: VACATIONS
2-1956 10-16-56 North l4th St. extending from Albany Ave. to a
point 162.2 feet north
Res. 1-1958 1-16-59 North l2th St. extending from Albany Ave. at
north line
Res. 1-1959 5-18-59 Opening l2th Ave. from Southern Ave. to Bethel
Ave.
Res. 1-1960 2-l6-60 South l8th Ave., 335 feet south of Main St.
Res. 2-1960 5-20-60 South 2nd Ave. from Churchman Ave. to

corporate limits
Res. 7-1974 7-15-74 Subway St. from the north property line of
Bethel Ave. to a point 303.4 feet northeasterly
Res. 2-1977 3-21-77 Spencer Ave. (Wilson Avenue) from the south
property line of Pacific St. to the north property line of Hanna Ave.
Res. 5-1978 4-17-78 South Tenth Ave. from the south property line
of Byland Dr. to a distance of l45 feet south
Res. 11-197912-3-79 The first alley west of l3th Ave.
Res. 2-1982 3-1-82 The first alley east of Second Ave. from the
southwest right-of-way line of Bethel Ave. to a point 140.61 feet south
Res. 3-1982 5-4-82 A l5-foot easement, irregular in shape, from the west
line of Ellen Court Subdivision, extended to the west right-of-way line of
Churchman Ave.
8-1982 4-19-82 Beginning at the northwest corner of lot l0 in

Ted Smith's Subdivision in block ll7, section D
Res. 2-1983 6-6-83 Vacating an alley and granting right-of-way with
Douglas Ison.
3-1983 12-5-83 A portion of an alley abutting lots 19 through 26

of block 127 and that portion of llth Avenue from Main St. to Albany St.
5-1983 12-5-83 A portion of an alley abutting lots 1, 2, and 15

through 19 of section A
Spec. Ord. 1-21-85 A part of Adams Dr. from a point 210 feet west
of the 1-1985 west right-of-way line of l3th Ave. to a point
approximately 300 feet west to the west
right-of-way line of the Adams Dr. cul-de-sac.
Spec. Ord. 5-6-85 Redfern Dr. from the northerly extension of the east
line of lot 5 in Redfern
2-1985 Meadows, to the northerly extension of lot 8.
Res. 6-l987 2-2-87 Assessing benefits for vacation of a part of Hanna

Avenue by Indiana Model Company, Inc.
Spec. Ord. 11-16-87 Assessing benefits on vacation of the alley

between lots 3-1988 108 and 114, and 117 and one half of lot
l26 in St. Francis Park Subdivision.
Res. 5-1990 4-16-90 Assessing benefits on vacation of part of

Adams Drive by St. Francis Hospital.
TABLE V: ZONING MAP CHANGES
PLAN COMMISSION
DOCKET DATE DESCRIPTION
59-z-111 9-28-59 Amends Marion County council Ord.
8-l957; West half of lots 3l, 32, 33, 34 of St. Francis
Park
59-z-l20 9-28-59 Amends Marion County council Ord.

8-l957; Rezoning of C-1 to R-1 classification
(mostly Main St.)
60-z-145 10-10-60 Amends Marion County council Ord.

8-1957; Rezoning from R-1 to Su (20)
62-z-139 1-7-63 Rezoning from R-1 to R-2 on

Churchman Ave.
TABLE VI: CONTRACTS
1-1988 7-18-88 Approving an agreement for construction of a
sanitary sewer under 15-year law contract submitted by Dr. Monica D.
Deogrocias, owner of property located at 4752 South Emerson Avenue.
PARALLEL REFERENCES
REFERENCES TO INDIANA CODE
REFERENCES TO l967 CODE
REFERENCES TO ORDINANCES
REFERENCES TO RESOLUTIONS
REFERENCES TO INDIANA CODE
IC SECTION CODE SECTION
1-1-1-8 10.09
1-1-4-1 10.04, 10.05(A), (D), (E)
4-21.5-1-1 et seq. 94.027
4-21.5-3-7 150.292
4-22-1-1 et seq. 94.027
5-10.1-1-1 et seq. 37.07(B)
5-10.2-1-1 et seq. 37.07(B)
5-10.3-1-1 et seq. 37.07(B)
5-13-4 32.07(E)
8-2.1-17-16 117.01, 117.10
9-13-2 74.25
9-17-2- 1 through 9-17-2-8 101.02
9-17-2-12 70.45
9-20-1-3 71.35
9-21-1-3(a)(1) Ch. 72
9-21-1-3(a)(2) 70.30
9-21-1-3(a)(4) 71.60
9-21-1-3(a)(9) Ch. 74
9-21-1-3(a)(10) 71.45
9-21-1-6 70.03
9-21-4-3 70.30
9-21-4-4 70.35
9-21-5-6 71.25
9-21-11-1 74.02
9-21-11-2 74.01
9-21-11-6 74.09
9-21-11-7 74.06
9-21-11-8 74.07
9-21-11-9, 9-21-11-10 74.03
9-21-11-14 74.99(B)
9-21-16-5 72.15
9-21-17-1 et seq. Ch. 73
9-21-17-1 73.01
9-21-17-6 73.03
9-21-17-7 73.05
9-21-17-11 73.04
9-21-17-16, 9-21-17-17 73.09
9-21-17-20 73.07
9-22-1-1 et seq. 101.04
15-2.1-6-1 et seq. 90.40
16-41-27-18 150.068, 150.069
18-6-4.5 35.125
22-11-18-1 et seq. 94.249(A)(3), 94.249(B)(2)
22-12 150.002
22-12-1-3 150.275
22-13-2-7 150.292
22-13-2-7(b) 150.283
22-15-3-1 150.284
22-15-4 150.281
23-14-24-1 et seq. 92.01
25-28.5-1-1 et seq. 50.04
25-37-1-11 Ch. 115
31-6-1-1 33.30
31-6-4-2 93.10
36-4-5-1 32.01(A)
36-4-5-5 110.71
36-4-5-8 32.02
36-4-6 31.01(A)
36-4-6-1 et seq. 31.04
36-4-6-4 31.01, 31.20
36-4-6-7 31.03
36-4-6-8 31.04
36-4-6-9 31.02
36-4-6-11 31.08(C), (D)
36-4-6-12 31.08(C)
36-4-6-13 31.08(B)
36-4-6-14 through 36-4-6-17 31.08(B)
36-4-7-2 31.12
36-4-8-9 37.03
36-4-9-2 32.01(B)
36-4-9-4 35.095
36-4-9-5 35.026
36-4-9-6 35.026
36-4-9-8 32.01(B), 32.05, 32.06
36-4-9-11 32.05
36-4-9-12 32.05
36-4-10-1 et seq. 32.07(A)
36-4-11-2 32.01(B)
36-4-11-4 32.07(B)
36-5-4-11 Ch. 110, 110.71
36-7-2-3 150.255
36-7-2-4 150.262
36-7-4-900 et seq. 35.060
36-7-4-918.1 35.065(A)
36-7-4-919 35.065(A)
36-7-4-920 35.065(A)
36-7-4-1003 35.065(B)
36-7-9 150.270
36-7-9-1 through 36-7-9-28 150.271, 150.273
36-7-9-2 150.272
36-7-9-4 150.272
36-7-9-5 150.273, 150.274
36-7-9-6 150.274
36-7-9-14 150.276
36-7-9-28 150.999
36-7-10-3(b), (c) 98.02(C)
36-7-10.1-1 et seq. 98.02
36-7-10.1-2 98.02
36-7-11.1 et seq. 150.277
36-7-12-1 et seq. 35.125
36-8-2-3 Ch. 94
36-8-2-4 Ch. 93
36-8-2-5 90.40
36-8-2-6 Ch. 90, 90.41
36-8-2-10 Ch. 110
36-8-3-10(4) Ch. 93
36-8-3-18 90.15
36-8-3-20 33.10(A)
36-8-6-1 et seq. 33.05, 33.06
36-8-7 34.03(C)
36-8-8-1 et seq. 33.05, 33.06, 34.03
36-9-2-4 Ch. 117
36-9-2-14 Ch. 50
36-9-2-15 Ch. 50
36-9-2-16 50.30
36-9-2-17 Ch. 50, 50.02
36-9-6-7 Ch. 100
36-9-23-4 35.025(A)
36-9-23-9 50.23
36-9-23-25 Ch. 50
36-9-23-30 50.02
36-9-23-36 50.20
36-9-25-1 et seq. 35.115, 50.31
36-9-25-11 50.09
36-9-30-1 et seq. Ch. 96
36-10-2-4 35.145
36-10-3 35.010
36-10-3-1 et seq. Ch. 99
36-10-3-3 35.105
36-10-3-5 35.012
36-10-3-10 35.014(A)
36-10-3-11 35.014(A)
36-10-3-17 35.014(B)
36-10-3-21 38.03(A)
36-10-4-36 38.03(A)
REFERENCES TO l967 CODE
l967 CODE l984 CODE
1.01 10.01
1.01 10.02(B)
1.02 10.03
1.03 10.01
1.04 10.01
1.04 10.04
1.04 10.05(B)
1.04 10.05(C)(1)
1.05 10.09
1.06 10.07
1.07 10.10
1.08 10.11
2.01 97.01
2.02 92.01
30.01 31.20
30.02 31.03
30.03 35.027(B)
30.04 35.027(C)
30.04 35.040
31.01 - 31.0 332.15
31.01 31.12
31.02 through 31.0435.001
31.02 33.03
31.05 33.04
31.05 34.02
31.06 37.03
31.07 37.03(D)
31.08 37.08
31.09 37.04(B)
31.10 37.04
31.11 35.115
32.02(A) 35.175
32.02(B) 35.176
32.05 35.060
32.06 35.061
32.09 35.064
32.10 35.065(A)
32.11 35.066
32.12 35.065(B)
33.01 33.05(A)
33.02 33.03(A)
33.04 34.03(A)
33.05 34.03(B)
50.0 150.01
50.02 50.35
50.02(F) 50.46(A)
50.02(G) 50.41(A)
50.02(H) 50.41(B)
50.02(I) 50.42
50.02(J) 50.43
50.02(K) 50.44
50.02(L) 50.45
50.06 50.02(C)
50.07 50.21(A)
51.01 50.02(A)
51.02 50.04
51.03 50.65
51.04 50.23(B)
51.04 50.66
51.05 50.72
51.06 50.05
51.07 50.67
51.07 50.68
51.07 50.69
51.07 50.71
51.09 50.08(B)
51.10 50.80
51.10 50.81
51.10 50.82
51.10 50.83
51.11 50.02(B)
51.11 50.03
51.11 50.06
51.12 50.03(A)
51.12 50.21(B)
51.99 50.99
70.01 70.01
70.01.1 70.99
70.01.1 71.99(A)
70.02 70.15
70.03 70.16(A)
70.04 70.17
70.05 70.16
70.06 70.18
70.07 70.l9
70.08 70.20
70.10(A) 70.04
70.10(B) 70.32
70.11 70.08
70.12 70.02
70.14 70.03
70.15 70.30
70.16 70.31
70.17 70.31
70.18 70.33
70.l9 70.34
70.20 70.38
70.21 70.36
70.23 73.02(B)
70.25 71.02
70.99 71.99(B)
71.01 70.07
71.02 75.01
71.03(A) 75.02(A)
71.03(C) 75.02(B)
71.03(B) 75.04(A)
71.04 75.03
71.06 75.05
71.06 76.11
71.10 101.02
71.12 101.04
71.13 101.05
71.14 101.06
71.15 101.07
71.16 101.08
71.99 75.99
72.01 71.25(A)
72.02 71.28
72.03 71.25(B)
72.04 71.26
72.07 71.27
72.99 71.99(C)
73.01 71.45
73.02 71.46
73.03(A) 71.47
73.03(B) 71.48(A)
73.03(C) 71.48(B)
73.03(D) 71.49
73.04 71.50
73.05 71.60(A)
73.06 71.60(B)
73.07 71.60(C)
73.08 71.62
73.09 71.61
73.10 71.70(A)
73.11 71.70(B)
73.14 71.06
73.99(B) 71.99(F)
73.99(D) 71.99(E)
74.02 71.36(A)
74.03 71.05
74.04 71.35
74.05 71.36(A)
74.06 71.37
74.99(B) 71.99(D)
75.01 72.02
75.02 72.03(A)
75.03 72.03(B)
75.03 72.04
75.04 72.30
75.05 72.15
75.06 72.16
75.07 72.17
75.08 72.23(A)
75.09 72.23(B)
75.10 72.18
75.11 72.l9
75.12 72.20
75.13 72.21
75.14 72.22
75.15 72.31
75.16 72.32
75.16(D) 75.02(C)
75.17 72.33
75.18 72.34(A)
75.l9 72.34(B)
75.20 72.34(C)
75.21 72.06
75.22 72.01
75.24 72.05
75.25 72.07
75.26 72.41
75.26(A)(1) - (3) 72.40
75.27 72.42
75.28 72.43
75.29 72.45
75.31 72.44(A)
75.32 72.48
75.33 72.47(B)
75.34 72.44(B)
75.35 72.49
75.36 72.47(A)
75.99 72.99
76.01 70.18(A)
76.07 71.01
76.11 71.03
76.12 71.04
76.13 70.06
76.15 76.01
76.16 76.02
76.17 76.03
76.18 76.04
76.l9 76.05
76.20 76.06(A)
76.21 76.06(B)
76.99(C) 76.99
77.01 74.25
77.02 74.26
77.09 74.01
77.10 74.02
77.11(B) 74.05
77.13 74.03
77.14 74.11(A)
77.15 74.11(C)
77.16 74.06
77.17 74.07
77.18 74.08(A)
77.l9 74.08(B)
77.20(A) 74.09
77.20(B) 74.10
77.21 74.12
77.22 74.13
77.23 74.14
77.24 74.15
77.25 70.05
77.99 74.99
78.01 73.01
78.02 73.03
78.03 73.04
78.04 73.05
78.05 73.06
78.06 73.07
78.07 73.08
78.09(A) 73.09
78.09(B) 73.10
78.107 3.11
78.99 73.99
79.01 Ch. 77, Sch. I
79.03 Ch. 78, Sch. I
79.05 Ch. 78, Sch. III(A)
79.99(A) Ch. 78, Sch. II(D)(1)
79.99(A) Ch. 78, Sch. III(B)
79.99(C) Ch. 78, Sch. II(D)(2)
90.01 90.01
90.02 90.25(A)
90.03 90.26
90.04 90.27
90.05 90.28
90.06 90.29
90.07 90.30
90.08 90.25(B)
90.09 90.16(A)
90.10 90.16(B)
90.11 90.17
90.12 90.18
90.13 90.02
90.14 90.03(A)
90.15 90.04
90.16 90.05
90.17 90.06
90.18 90.07
90.l9 90.15
90.20 90.40
90.21 90.41
90.22 90.50
90.23 90.51
90.24 90.52
90.25 90.53
90.99 90.99(A)
9l.02 93.11
9l.99 93.99(B)
92.01 94.001
92.02 94.002
92.03 94.004
92.04 94.005
92.06 94.003
92.07 94.006
92.08 94.010(A)
92.09 94.011
92.10 93.10
92.10 94.010
92.11 94.012
92.12 94.013
92.13 94.014
92.14 94.015
92.20 94.020
92.21 94.003
92.22 94.021
92.23 94.022
92.24 94.023(A)
92.25 94.023(B)
92.26 94.024
92.27 94.025
92.28 94.026
92.29 94.027
92.30 94.023(C)
92.31 92.028
92.32 94.036
92.33 94.037
92.34 92.035
92.35 94.038
92.36 94.039
92.37 94.040
92.38 94.041(A)
92.39 94.041(B)
92.45 94.056(A)
92.46 94.056(B)
92.47 94.056(C)
92.48 94.056(D)
92.50 94.053(A)
92.51 94.053(B)
92.52 94.055(A)
92.53 94.055(B)(1)
92.54 94.055(C)
92.55 94.055(D)(1)
92.56 94.055(D)(2)
92.57 94.055(B)(2)
92.58 94.055(B)(3)
92.59 94.055(E)
92.60 94.055(F)
92.61 94.055(G)
92.62 94.055(H)
92.63 94.055(I)
92.64 94.055(J)
92.65 94.052(A)
92.66 94.052(B)
92.67 94.051(A)
92.68 94.051(B)
92.69 94.051(C)
92.70 94.051(D)
92.71 94.051(E)
92.72 94.051(F)
92.73 94.050(A)
92.74 94.050(B)
92.75 94.050(C)
92.76 94.050(D)
92.77 94.050(E)
92.78 94.065(A)
92.79 94.065(B)
92.80 94.066
92.81 94.070
92.82 94.071(A)(5)
92.83 94.071(B)
92.84 94.071(C)
92.85 94.072
92.86 94.095
92.87 94.096
92.88 94.097
92.89 94.098
92.90 94.081
92.91 94.082
92.92 94.083(C)
92.93 94.084
92.94 94.085
92.95 94.080
92.96 94.105(A)
92.99 94.105(B)
92.100 94.106(A)
92.101 94.106(B)
92.102 94.107
92.103 94.108
92.104 94.109
92.105 94.110(A)
92.106 94.111
92.107 94.110(B)
92.108 94.112
92.109 94.113
92.11094.114
92.11194.115
92.11294.116
92.11394.117(A)
92.11494.118
92.11594.120
92.11694.ll9
92.11794.117(B)
92.11894.121(A)
92.ll9 94.121(B)
92.120 94.122
92.121 94.123
92.122 94.124
92.123 94.058(A)
92.124 94.058(B)
92.125 94.054(A)(1)
92.126 94.054(A)(2)
92.127 94.054(A)(3)
92.128 94.054(A)(4)
92.129 94.054(B)(1)
92.130 94.054(B)(2)
92.131 94.054(B)(3)
92.132 94.054(B)(4)
92.133 94.054(B)(6)
92.134 94.054(B)(6)
92.135 94.054(B)(7)
92.136 94.180
92.137 94.181
92.138 94.182
92.140 94.130
92.141 94.131(D)
92.142 94.131(F)
92.143 94.132
92.144 94.133
92.145 94.057(A)
92.146 94.057(B)
92.147 94.057(C)
92.148 94.057(D)
92.149 94.160
92.150 94.161
92.151 94.163(A)
92.152 94.162
92.153 94.164
92.154 94.163(B), (C), (D), (E), (F), (G)
92.155 94.165
92.156 94.166
92.157 94.167
92.158 94.168
92.159 94.169
92.160 94.170
92.161 94.171(A)
92.162 94.171(B)
92.163 94.171(C)
92.164 94.171(D)
92.165 94.171(E)
92.166 94.172
92.167 94.140
92.168 94.141
92.169 94.142
92.170 94.143
92.171 94.144
92.172 94.140
92.173 94.145
92.174 94.146
92.175 94.140
92.176 94.147(A), (B), (C)
92.176 94.148(C), (D), (E)
92.177 94.147(D)
92.178 94.148(A), (B)
92.180 94.140
92.181 94.149(A)
92.182 94.149(C)
92.183 94.150(A)
92.184 94.150(B), (C), (D)
92.185 94.l90(A), (B), (C)
92.186 94.l90
92.188 94.l92(A)
92.189 94.l90(B)
92.l90 94.l93
92.191 94.200
92.l92 94.201
92.l93 94.202(A)
92.l94 94.202(B)
92.l96 94.202(C)
92.l97 94.203
92.l98 94.204
92.200 94.210
92.201 94.213
92.202 94.212
92.203 94.211
92.204 92.214(A), (B), (C), (D)
92.205 94.215
92.206 94.214(E), (F), (G)
92.207 94.216
92.208 94.217(A)
92.209 94.217(B)
92.210 94.218
92.21194.219
92.212 94.226(A)
92.213 94.226(B)
92.214 94.227
92.215 94.228
92.216 94.229(A)
92.217 94.229(B), (C), (D)
92.218 94.230
92.219 94.231
92.220 94.232
92.221 94.233
92.222 94.234
92.223 94.235
92.224 94.236
92.225 94.237
92.226 94.238
92.227 94.239
92.228 94.240
92.229 94.244
92.230 94.225
92.231 94.245
92.232 94.246
92.233 94.247(A)
92.234 94.247(B)
92.235 94.248
92.236 94.241
92.237 94.242
92.238 94.243
92.999 94.999(B), (C)
93.01 95.01
93.02 95.02
93.99 95.99
94.01 96.01
94.05 96.10
94.06 96.11(A)
94.07 96.11(B)
94.08 96.20
94.99 96.99
95.01 98.01(A), (B)
95.02 98.01(C)
95.03 98.02(A), (B)
95.05 98.03
95.99 98.99(A), (B), (C), (D)
96.01 100.01
96.02 100.02(A)
96.03 100.03
96.04 100.02(B)
96.05 100.04(A)
96.06 100.04(B)
96.07 100.04(C)
96.08 100.04(D)
110.01111.01
110.02111.11
110.03111.12
110.04111.10(B)
110.05111.10
110.06111.13
110.07111.14
110.08111.15
110.09111.16
110.10111.17
110.11111.25
110.13111.27
110.14111.28
110.15111.02
110.99111.99(A)
111.01112.45
111.02112.46
111.03(A) 112.47
111.03(B) 112.49
111.04112.48
111.06112.37
111.07112.35
111.08112.38
111.09112.36
111.10112.20
111.10(B) 112.21
111.10(C) 112.22
111.11 112.23
111.12112.24
111.13112.25
111.14112.15(A), (B)
111.15112.15(C)
111.99112.99(B), (C)
113.01115.20
113.02115.21
113.03115.22
113.04115.23
113.05115.24
113.06115.26
113.07115.25
113.08115.01
113.09115.02(B)
113.10115.02(C)
113.12115.04
113.13115.03(A), (B), (C)
113.14115.05
113.15115.06
113.16115.07
113.17115.08
113.18(A) 115.09
113.18(B) 115.10
113.18(C) 115.11
113.l9 115.12(A), (B), (C), (D)
113.20115.12(E)
113.21115.13
113.22115.03(D)
113.99115.99(A), (B)
115.01116.01
115.02116.02
115.03116.03(A), (B)
115.04116.05(A), (B)
115.05116.04
115.06116.03(C)
115.07116.05(C)
115.99116.99
116.0 1117.01
116.02117.10(A)
116.03117.10
116.04117.11
116.05(A) 117.12
116.05(B) 117.13(A)
116.06117.14
116.09117.16
116.10117.13(B)
116.11117.01
116.12117.25
116.13117.26(A)
116.14117.27(A), (B), (C)
116.17117.28
116.18117.29
116.20117.31
116.21117.32
116.22117.33
116.99117.99
130.03 131.01
131.01 131.15, 131.99(C)
131.01 131.99(E)
131.02 94.007
131.02(B) 94.999(A)
132.01 131.02
132.02 131.03
132.03(A) 93.01
132.03(B) 93.02
132.03(C) 93.04
132.03(D) 93.03(A)
132.03(E) 93.03(B)
132.03(F) 93.99(A)
133.01 130.01
133.07 130.02
150.02 150.001
150.01 150.002
150.03 150.003
151.01 151.01
151.02(A) 151.02(A)
151.03 151.02(B)
151.99 151.99
REFERENCES TO ORDINANCES
ORD. NO. DATE PASSED CODE SECTION
7-1948 151.04(A)
3-1952 3-17-52 Ch. 151
4-1952 4-1-52 112.37(B)
1-1953 3-2-53 112.45- 112.49, 112.99(A)
2-1953 6-1-53 T.S.O. I
7-1953 10-16-53 98.03
7-1953 10-16-53 98.99(C)
2-1954 4-1-54 50.01, 50.02, 50.21(A), 50.30, 50.46
3-1954 7-16-54 72.21, Ch. 77, Sch. I
4-1954 8-2-54 117.01, 117.23, 117.25, 117.26(B),
(C), 117.28, 117.29, 117.31, 117.32, 117.99
7-1955 4-16-55 71.03, 73.02(A)
9-1955 9-16-55 50.30, 50.46(A)
2-1956 6-1-56 71.37, 71.99(D), 72.32
2-1956 10-16-56 T.S.O. IV
6-1956 8-1-56 95.01, 95.02, 95.99
7-1956 10-1-56 T.S.O. I
8-1956 10-1-56 T.S.O. I
1-1957 2-1-57 93.10
1-1957 2-1-57 93.11, 93.99(B)
3-1957 4-1-57 T.S.O. I
9-1957 6-17-57 100.04
5-1958 9-2-58 50.30, 50.46(A)
1-1959 2-16-59 33.03(A)
1-1959 2-16-59 33.05
6-1959 5-2-59 T.S.O. III
7-1959 6-1-59 115.20- 115.26
9-1959 8-3-59 Ch. 77, Sch. I, Ch. 78, Sch. I(C)
2-1960 2-16-60 T.S.O. I
3-1960 4-18-60 Ch. 78, Sch. II(A), (B)
3-1960 4-18-60 T.S.O. III
4-1960 5-2-60 98.02, 98.99(B)
13-1960 11-1-60 100.04
1-1961 1-16-61 31.03
1-1961 7-31-61 33.03
1-1961 1-16-61 35.027, 35.040
6-1961 8-1-61 71.26
6-1961 7-3-61 Ch. 77, Sch. I
9-1961 7-31-61 33.04, 34.02
16-1961 12-4-61 T.S.O. I
4-1962 3-5-62 T.S.O. I
5-1962 4-2-62 T.S.O. I
6-1962 4-16-62 35.115
11-1962 7-16-62 96.20, 96.99(D)
13-1962 8-6-62 50.04
14-1962 8-20-62 T.S.O. I
17-1962 9-17-62 112.45- 112.49
1-1963 4-8-63 31.12
4-1963 7-1-63 71.27, 71.99(C)
9-1963 10-7-63 T.S.O. I
10-1963 12-2-63 50.46(A)
3-1964 5-4-64 Ch. 116
10-1964 9-21-64 72.23(A), 75.01 -75.05,
75.99(B)
5-1965 8-2-65 70.05, 73.01, 73.03,
73.05(C), 73.06 - 73.08,
73.09 - 73.11, 73.99, 74.01 -74.03, 74.05 -
74.07, 74.08(A), 74.11 - 74.15, 74.99(A)
9-1965 10-18-65 T.S.O. I
10-1965 11-1-65 T.S.O. I
2-1966 3-21-66 T.S.O. I
3-1966 3-21-66 T.S.O. I
4-1966 3-21-66 117.14
6-1966 5-16-66 96.11(B), 96.99(C)
7-1966 7-18-66 33.03
2-67 3-30-67 31.12
4-1967 4-3-67 37.03(D), 37.04, 37.08
9-1967 9-5-67 Ch. 77, Sch. I
1-1968 4-1-68 T.S.O. I
1-1968 1-15-68 T.S.O. II
2-1968 4-2-68 Ch. 78, Sch. I
9-1968 1-20-69 98.04
9-1968 1-20-69 98.99(D)
1-1969 1-20-69 T.S.O. I
2-1969 1-20-69 T.S.O. I
3-1969 1-20-69 T.S.O. I
4-1969 1-20-69 T.S.O. I
5-1969 9-2-69 Ch. 78, Sch. II(A), (B)
7-1969 6-16-69 T.S.O. I
8-1969 5-19-69 Ch. 77, Sch. I
10-19-69 6-19-69 T.S.O. I
11-1969 3-3-69 115.01- 115.13, 115.99(A), (B)
12-1969 9-15-69 72.03(B)
15-1969 7-28-69 33.03
15-1969 7-28-69 33.04
15-1969 7-28-69 34.02
20-1l969 9-15-69 T.S.O. I
24-1969 12-15-69 35.060, 35.061, 35.063,
35.064, 35.065(B)
25-1969 1-19-70 93.01 - 93.03, 93.10, 93.99,
131.01, 131.02, 131.99(A)
26-1969 12-22-69 T.S.O. I
1-1970 4-20-70 T.S.O. II
2-1971 2-1-71 76.01 - 76.06, 76.99
4-1971 3-15-71 Ch. 78, Sch. I
10-1971 6-21-71 112.35, 112.37(B), 112.38
11-1971 8-2-71 72.03(A)
12-1971 8-2-71 71.49, 71.99(E)
16-1971 10-4-71 Ch. 78, Sch. I
18-1971 10-4-71 T.S.O. I
3-1972 5-15-72 35.027, 35.040
3-1972 4-17-72 50.67 - 50.69, 50.71
4-1972 5-1-72 117.15(A), (B), (C)
5-1972 7-3-72 T.S.O. I
1-1973 3-5-73 50.05, 50.23, 50.65, 50.66, 50.72,
50.80 -50.83
3-1973 - -73 T.S.O. I
4-1973 7-2-73 101.01, 101.03 -101.07, 101.99
5-1973 6-18-73 90.01, 90.02, 90.04 - 90.07,
90.15 - 90.18, 90.25 - 90.30, 90.40, 90.41, 90.50 -
90.53, 90.99(A)
6-1973 6-18-73 131.03, 131.99(B)
7-1973 7-2-73 130.01, 130.02, 130.99
11-1973 10-1-73 98.05, 98.99(E)
13-1973 12-17-73 94.001 - 94.006, 94.010 -
94.014, 94.020 - 94.028, 94.035 - 94.041, 94.050 -
94.058, 94.065, 94.066, 94.070 - 94.072, 94.080
94.085, 94.095 94.098, 94.105 - 94.124,
94.130 94.133, 94.141 - 94.150, 94.161 -
94.172, 94.180 - 94.182, 94.l93, 94.200 -
94.204, 94.210 - 94.219, 94.225, 94.227 - 94.248,
94.999
6-1974 9-16-74 72.40 - 72.43, 72.44(B), 72.46
-72.49
6-1975 6-2-75 90.03(B), 90.08(A), 90.10
9-1975 Ch. 77, Sch. I
11-1975 12-15-75 Ch. 114
12-15-75 114.03
12-1975 12-15-75 31.03
1-1976 6-8-76 50.30, 50.39
2-1976 8-2-76 9l.001 - 9l.018, 9l.026, 9l.027,
9l.035 - 9l.038, 9l.050 - 9l.056, 9l.065,
9l.075(A), 9l.076 - 9l.082, 9l.090- 9l.095,
9l.105- 9l.108
4-1976 7-6-76 37.03
14-1976 10-18-76 96.01 - 96.03
16-1976 11-1-76 37.06
2-1977 3-7-77 112.20, 112.21
3-1977 4-18-77 112.01, 112.03 -112.09
4-1977 Ch. 78, Sch. I(C)
6-6-77 112.09
8-1977 6-20-77 35.010 - 35.015
9-1977 6-8-77 37.07
14-1977 8-1-77 9l.019, 9l.025, 9l.076, 9l.077, 9l.096
18-1977 8-15-77 36.01
25-1977 9-26-77 90.08(B)
29-1977 10-17-77 Ch. 150
4-1978 5-15-78 9l.051, 9l.054, 9l.055,
91.075(A), 9l.095
19-1978 12-18-78 90.09, 90.99(C)
1-1979 4-2-79 50.01, 50.07 -50.09, 50.20 -
50.22, 50.23(A), 50.40, 50.55 -50.57
6-1979 4-17-79 37.01
9-1979 6-4-79 T.S.O. I
13-l979 12-17-79 50.01, 50.21, 50.22, 50.31 -
50.38, 50.40, 50.46(A), 50.55, 50.56,
50.99
14-1979 7-2-79 90.08(C), 90.99(B)
l9-l979 9-4-79 98.15 - 98.20, 98.99(F)
26-l979 10-15-79 33.01
26-l979 10-15-79 33.10 - 33.17
27-l979 11-5-79 37.02
32-l979 12-17-79 Ch. 78, Sch. II(C), (D)(3)
1-l980 2-4-80 31.03, 31.06
7-7-80 33.02
4-l980 4-21-80 50.32, 50.34
11-l980 Ch. 78, Sch. I(C)
1-l981 2-16-81 110.05
9-l981 7-20-81 37.05
12-l981 8-17-81 9l.002, 9l.003, 9l.018
14-l981 10-l9-81 70.22
16-l981 Ch. 78, Sch. I(C), (E)(2)
1-l982 3-1-82 36.01(D)
2-l982 Ch. 77, Sch. IV(A), (C)
6-l982 10-4-82 T.S.O. III
8-l982 4-l9-82 T.S.O. IV
10-l982 Ch. 78, Sch. I(C)
17-l982 12-12-82 31.02
18-l982 4-4-83 94.225, 94.249
l9-l982 2-7-83 9l.025, 9l.051, 9l.054
24-l982 12-20-82 9l.003
2-l983 7-18-83 30.01, 31.01 -31.07,
31.08(E), 31.09 - 31.11, 31.20, 32.01 -32.03, 32.05,
32.07, 33.03(B), 34.03(C), 35.002,
35.010, 32.025, 32.026, 35.041, 35.060,
35.095, 35.105, 35.125, 9l.025
3-l983 12-5-83 T.S.O. IV
5-l983 12-5-83 T.S.O. IV
2-l984 4-2-84 Ch. 110
7-l984 9-16-74 94.226
16-l984 4-16-84 115.35- 115.40, 115.99(C)
22-l984 Ch. 77, Sch. IV(A)
24-l984 10-15-84 114.01- 114.04, 114.99
28-1984 11-19-84 37.09
30-1984 12-3-84 34.15 - 34.17
31-1984 12-17-84 Ch. 77, Sch. IV, Ch. 78, Sch.
I(C)
Spec. Ord. 1-21-85 T.S.O. IV
1-1985
1-1985 2-4-85 50.02, 50.04
2-1985 2-18-85 Adopting Ordinance
Spec. Ord. 5-6-85 T.S.O. IV
2-1985
3-1985 2-18-85 115.50- 115.55, 115.99
4-1985 3-18-85 150.113
Spec. Ord. 7-1-85 T.S.O. I
5-1985
6A-1985 7-15-85 38.01 - 38.03
9-1985 9-23-85 72.47, 72.48
11-1985 12-16-85 50.32, 50.33
1-1986 1-6-86 34.15
2-1986 2-3-86 150.113
5-1986 6-2-86 71.35(B)
8-1986 8-4-86 Ch. 152
10-1986 8-4-86 150.248
11-1986 7-7-86 98.02
12-1986 8-4-86 Ch. 78, Sch. I (C)
1-1987 3-2-87 74.99, 94.027
Spec. Ord.
3-1987 11-16-87 T.S.O. IV
8-1987 10-5-87 112.05, 112.07
1-1988 5-2-88 150.270, 150.276, 150.999
Spec. Ord.
2-1988 7-18-88 T.S.O. II
3-1988 5-16-88 150.280, 150.294, 150.999
Gen. Ord.
9-1988 10-24-88 101.01 - 101.08, 101.99
1-1989 5-8-89 Ch. 39
2-1989 5-15-89 50.65 - 50.67, 50.70, 50.71, 50.83,
111.10, 111.11, 111.13, 111.14, 111.25,
150.021, 150.066 -150.074, 150.076, 150.200,
150.204, 150.206, 150.235, 150.245,
150.246
3-1989 8-21-89 Ch. 77, Sch. IV
3A-1989 4-4-89 Adopting Ordinance
4-1989 5-15-89 74.08(B)
2-1990 2-20-90 90.65 - 90.67, 90.99
3-1990 7-2-90 152.01, 152.05, 152.09
5-1990 7-16-90 70.45 - 70.47
6-1990 - - 90 33.30, 33.31
7-1990 10-15-90 71.80 - 71.82, 151.02(C)
8-1990 10-15-90 71.90, 71.91, 151.02(D)
9-1990 12-3-90 Ch. 77, Sch. II
10-1990 10-15-90 31.20
2-1991 2-19-91 153.01, 153.02, 153.99
5-1991 8-19-91 35.063, 35.066
8-1992 1-19-93 50.46
3-1993 4-19-93 91.001 - 91.050, 91.056,
91.108
5-1993 10-18-93 31.20
5A-1993 7-19-93 71.35
7-1993 9-27-93 T.S.O. I
2-1994 2-22-94 Ch. 78, Sch. II
3-1994 2-22-94 72.40 - 72.42, 72.47
4-1994 4-4-94 T.S.O. I
7-1994 7-5-94 Ch. 77, Sch. IV
8-1994 9-19-94 T.S.O. I
2-1995 2-6-95 31.20
3-1995 3-20-95 112.99
4-1995 6-21-95 96.06
5-1995 11-6-95 150.069, 150.070
6-1995 11-6-95 37.02
4-1996 4-15-96 150.002, 150.004, 150.016 -
150.018, 150.037, 150.045, 150.047, 150.057, 150.065
- 150.068, 150.071, 150.072, 150.076,
150.085, 150.110, 150.113 - 150.115, 150.117,
150.127, 150.129, 150.136, 150.151, 150.153,
150.158, 150.162, 150.176, 150.178,
150.185, 150.204, 150.282
7-1996 - -96 32.07
8-1996 - -96 Ch. 77, Sch. V
11-1996 8-19-96 Ch. 103
12-1996 - -96 Ch. 154
13-1996 - -96 Ch. 155
1-1997 5-5-97 150.273, 150.274, 150.277
5-1997 12-1-97 37.11
REFERENCES TO RESOLUTIONS
RES. NO. DATE PASSED CODE SECTION
1-1955 8-16-55 92.01
1-1958 1-16-59 T.S.O. IV
1-1959 1-16-59 T.S.O. IV
1960 2-16-60 T.S.O. IV
1-1961 7-3-61 71.50, 71.99(F), Ch. 78, Sch. I(A), Sch.
III(A)
7-1974 7-15-74 T.S.O. IV
4-1975 2-3-75 T.S.O. III
11-1-76 96.04
11-1-76 96.25
2-1977 3-21-77 T.S.O. IV
1-1978 4-10-78 99.01, 99.02, 99.04 - 99.22
5-1978 4-17-78 T.S.O. IV
11-1979 12-3-79 T.S.O. IV
1-1981 Ch. 78, Sch. I(C)
2-1982 3-1-82 T.S.O. IV
3-1982 5-4-82 T.S.O. IV
4-1982 6-7-82 T.S.O. III
2-1983 6-6-83 T.S.O. IV
9 8-15-83 91.075(B)(5)
23-1984 10-15-84 36.15 - 36.l9
1-1985 1-7-85 T.S.O. II
2-1985 6-17-85 37.10
3-1985 11-4-85 96.25
2-1986 4-21-86 96.05
4-1986 9-2-86 Ch. 78, Sch. I (C)
6-1987 2-2-87 T.S.O. IV
1-1988 7-18-88 T.S.O. VI
5-1990 4-16-90 T.S.O. IV
lA-1992 2-3-92 117.01, 117.10, 117.14, 117.15,
117.25, 117.28
2-1992 6-15-92 37.05
3-1992 10-6-92 102.01 - 102.35, 102.99
4-1992 10-19-92 Ch. 77, Sch. IV
5-1992 12-21-92 31.20
6-1992 12-21-92 50.32, 50.33

Beech Grove City Code

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Section

10.01 Short titles

10.99 General penalty

(B) Where a section of this code is followed by a reference to the Indiana

ANOTHER. When used to designate the owner of property which is the

CITY, MUNICIPAL CORPORATION, MUNICIPALITY, or TOWN. The

COUNCIL. The Common Council of the city.

COUNTY. Marion County, Indiana.

IC. Refers to the Indiana Code.

KEEPER or PROPRIETOR. Includes all persons, whether acting by

LAND or REAL ESTATE. Includes rights and easements of incorporeal

MAY. The act referred to is permissive.

MONTH. A calendar month. ('67 Code, § 1.04)

MUNICIPALITY. The municipality of Beech Grove, Indiana.

OATH. Includes an affirmation.

PERSON. Extends to and includes person, persons, firm, corporation,

PERSONAL PROPERTY. Includes all property except real.

PREMISES. As applied to property, includes land and buildings.

PROPERTY. Includes real, personal, mixed estates and interests.

PUBLIC AUTHORITY. Includes boards of education; the municipal,

PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school

REAL PROPERTY. Includes lands, tenements, and hereditaments.

REGISTERED MAIL. Includes certified mail.

SHALL. The act referred to is mandatory.

STATE. The State of Indiana. ('67 Code, § 1.04)

STREET. Includes alleys, avenues, boulevards, lanes, roads, highways,

SUBCHAPTER. A division of a chapter, designated in this code by an

TENANT or OCCUPANT. As applied to premises, includes any person

WRITING. Includes any representation of words, letters, or figures,

YEAR. A calendar year, unless otherwise expressed; equivalent to the

(B) As used in the code, unless the context otherwise requires:

(2) Words of one gender include the other genders.

(C) Calendar; computation of time.

(2) When a public office in which an act required by law is to be

(4) If a number of months is to be computed by counting the

(D) Act by assistants. When a statute requires an act to be done which,

(E) General term. A general term following specific enumeration of terms

(F) Joint authority. Words importing joint authority to three or more

(B) When a provision of the code is repealed or amended, the repeal or

(2) Affect an action or proceeding for the enforcement of any rights

(3) Relieve any person from punishment for an act committed in

(4) Affect an indictment or prosecution for a violation of the

(B) Whenever in a penalty section reference is made to a violation of a

(C) References in the code to action taken or authorized under

30. CITY ORGANIZATION

31. COMMON COUNCIL

32. CITY OFFICIALS

33. POLICE DEPARTMENT

34. FIRE DEPARTMENT

35. OTHER DEPARTMENTS, BOARDS, AND COMMISSIONS

36. CITY POLICY

37. EMPLOYMENT POLICIES

38. CITY FINANCE; TAXATION

39. ORDINANCE VIOLATIONS BUREAU

(B) Legislative branch.

(C) Fiscal branch.

(D) Statutory boards and commissions.

31.01 Common Council as legislative branch; members

31.20 Councilmanic districts

(B) The Common Council shall be composed of seven members, five of

(B) A special meeting of Common Council may be called by the Mayor

(1) Call to order by the Mayor.