TOWN OF AVON, INDIANA

CODE OF ORDINANCES

September 23, 2020

1 AVON, INDIANA CODE OF ORDINANCES TABLE OF CONTENTS

Article CHAPTER 1: GENERAL PROVISIONS

1. Rules of Construction; General Penalty Appendix: Town Flag and Seal

CHAPTER 2: TOWN ADMINISTRATION

1. Town Clerk-Treasurer 2. Town Manager 3. Ordinance Violation Bureau 4. Advisory Plan Commission 5. Board of Zoning Appeals 6. Board of Metropolitan Police Commissioners 7. Town Property 8. Departments 9. Fire Regulations 10. Parks and Recreation Beautification Council 11. Public Works Committee 12. Redevelopment Commission 13. Economic Development Commission 14. Civil Defense 15. Personnel Rules and Regulations 16. Policies of the Town 17. Benefits related to personnel 18. Finance and funds 19. Town Memberships and Agreements 20. Agencies and Other Entities 21. Access to Public Records Act 22. Redevelopment Authority

CHAPTER 3: TOWN LEGISLATIVE AND JUDICIAL BRANCHES

1. Town Council Appendix: Amending Ordinance Form 2. Town Court

2

Article

CHAPTER 4: FEES, LICENSES AND PERMITS

1. General Provisions 2. Pawnbrokers and Dealers in Secondhand Goods; Garage Sales 3. Private Emergency Alarm System Permits and Licensing 4. Registration and Regulation of Canvassers 5. Licensing and Regulation of Direct Sellers 6. Meetings, Assemblies and Parades in Public Places 7. Retail Liquor Permits 8. Driveway Access Permits 9. Excavation and Construction on Public Streets and Rights-of-Way 10. House, Apartment, Garage and Yard Sales 11. Motor Vehicle inspection Fees and Police Department Incident Report Account Fees 12. Official Fees Appendix A: Official Fee Schedule Appendix B: Design Review and Construction Costs Appendix C: Avon Fire Department Appendix D: Financial Review Fee 13. Administration Fees and Charges 14. Video Service Franchises 15. Tax Abatement Procedure 16. Sexually Oriented Businesses 17. Massage Therapists 18. Social Parties 19 Wireless Support Structures

CHAPTER 5: PARKS, RECREATION AND BEAUTIFICATION

1. Parks, Recreation and Beautification in General 2. Reserved 3. General Rules and Guidelines for Parks

CHAPTER 6: PUBLIC HEALTH AND SAFETY MATTERS; PUBLIC NUISANCES

1. General Provisions 2. Alcoholic Beverages, Drugs and Controlled Substances Regulations 3. Animal Regulations 4. Outdoor Burning Regulations 5. Curfew Regulations 6. Deadly Weapons 7. Fireworks

3 Article

11. Offenses Against Public Health and Order 12. Regulation Addressing Roller Skates, Skateboards, Roller Blades and Other Coaster Devices 13. Nuisances 14. Tree and Vegetation Regulations Appendix A: Avon Street Tree List Appendix B: Tree Planting Detail 15. Storm Water Management Program 16. Non-Smoking Areas 17. Water Conservation 18. Public Streets 19. Prohibited Activity in and Around Roadways; Panhandling

CHAPTER 7: BUILDING AND CONSTRUCTION REGULATIONS

1. Enforcement of Building Standards 2. Inspection, Repair or Removal of Unsafe Buildings 3. Building Code 4. Wrecking and Demolition of Buildings 5. Zoning 6. Fire Prevention Code 7. Subdivision Control Ordinance

CHAPTER 8: TRAFFIC AND PARKING REGULATIONS

1. General Provisions 2. Speed Limits Appendix: Specific Speed Limits 3. Traffic-Control Devices Appendix: Street Light Signals 4. Turning Movements 5. One0Way Streets and Alleys 6. Standing, Stopping and Parking Regulations 7. Loading Zones 8. Stop Designations Appendix: Stop Streets 9. Truck Regulations 10. Miscellaneous Traffic Rules 11. Abandoned Vehicles 12. Bicycle Regulations 13. Traffic Code Penalties 14. Regulations of Certain Vehicular Moving Violations

4 CHAPTER 9: UTILITIES

1. General Provisions 2. Water Service 3. Department of Stormwater Management

Table TABLES OF SPECIAL ORDINANCES

I. Annexations II. Lease Agreements III. Zoning Map Changes IV. Vacating Public Ways

INDEX

5 Article 1: Rules of Construction; General Penalty

CLERK-TREASURER. The Clerk-Treasurer of the Town Council.

COUNCIL. The Town Council of the Town of Avon, Indiana.

COUNTY. Hendricks County, Indiana.

HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.

MONTH. One calendar month.

POLICE DEPARTMENT. The Police Department of the town.

PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.

TOWN. The Town of Avon, Indiana.

WRITTEN and IN WRITING. Include printing, lithographing or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person or the person’s mark.

YEAR. One calendar year, unless otherwise expressly provided. (I.C. 1-1-4-5)

§ 1-6 SEVERABILITY.

(A) If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.

(B) Except in the case of a section or amendment to this code containing a nonseverability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:

(1) The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or

(2) The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.

6 (C) This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.

(D) The repeal of a statute stating that the provisions of an act are severable as provided in division (B) of this section does not affect the operation of division (B) with respect to that act. (I.C. 1-1-1-8)

§ 1-7 REFERENCE TO OTHER SECTIONS.

Whenever in one section, reference is made to another section hereof, the 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.

§ 1-8 REFERENCE TO OFFICES; NAME DESIGNATIONS. (A) Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this 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. (B) Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties or liabilities placed with that entity are or were transferred to a different entity; then the name board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which the duties, liabilities, powers and rights were transferred. (I.C. 1-1-6-1)

§ 1-9 ERRORS AND OMISSIONS. If a manifest error is discovered, consisting of the misspelling of any 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 the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions 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 the error.

7 § 1-10 REASONABLE TIME. (A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice. (B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

§ 1-11 REPEAL OR MODIFICATION OF CODE SECTION. When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law not revived unless it is so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture, or liability incurred under the section, unless the repealing section so expressly provides. The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability. (I.C. 1-1-5-1)

§ 1-12 LIMITATION PERIODS.

The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code shall not be affected by the repeal and reenactment; but all suits, proceedings and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted. Statutory reference: For provisions concerning periods of limitation, see I.C. 1-1-1-7

§ 1-13 ORDINANCES UNAFFECTED. All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

§ 1-14 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE. (A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. (B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition

8 to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

§ 1-15 SECTION HISTORIES; STATUTORY REFERENCES. (A) As histories for the code sections, the specific number and passage date of the original ordinance and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed -13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85) (B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (I.C. 36-5-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85) (2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

§ 3-1 PUBLIC RECORDS AVAILABLE.

This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

Statutory reference:

For provisions concerning the inspection of public records, see I.C. 5-14-3-1 et seq.

§ 1-16 TOWN SEAL. (A) The Clerk-Treasurer shall be the custodian of the town’s seal and affix it to documents and instruments as required.

(B) The town seal shall be the form and style shown at the end of this chapter. (’95 Code, § 1-16) (Ord. 95-2, passed 11-30-95)

§ 1-17 TOWN FLAG. The town flag shall be in the form and style as designated by the Town Board. (’95 Code, § 1-17) (Ord. 95-2, passed 11-30-95)

§ 1-18 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES. All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and

9 imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.

DIVISION II: GENERAL PROVISIONS § 1-23 DISHONORED CHECK POLICY. (A) (1) Whenever a check issued to the town is dishonored for any reason, there shall be a fee listed in the Official Fee Schedule. In addition, any costs or fees the town incurs shall be assed to the issuer in addition to the fee set out above. The fees shall be paid upon demand and until the fees are paid, no further action on current licenses, permits or other actions will be taken by the town for the benefit of the issuer. (2) In addition, no further permits will be issued until all dishonored checks are paid and fees and costs are paid. (3) If the fees are not paid within 30 days, the town may collect the fees by suit where the costs of collection, including attorney fees, shall be collected from the issuer. (B) If an issuer issues a second check that is dishonored within 12 months of a prior dishonored check, then the issuer shall be required to tender any and all fees, court fines or other financial requirements to the town in cash, certified check, money order or cashier’s check. (’95 Code, § 1-23) (Ord. 96-35, passed 8-29-96; Am. Ord. 2013-05, passed 4-11-13)

§ 1-99 GENERAL PENALTY.

Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. Statutory reference: For provisions concerning the power to Prescribe fines up to $2,500 granted, see I.C. 36-1-3-8(a)(10)

10 CHAPTER 2: TOWN ADMINISTRATION

Article 1. TOWN CLERK – TREASURER 2. TOWN MANAGER 3. ORDINANCE VIOLATIONS BUREAU 4. ADVISORY PLAN COMMISSION 5. BOARD OF ZONING APPEALS 6. BOARD OF METROPOLITAN POLICE COMMISSIONERS 7. TOWN PROPERTY 8. DEPARTMENTS 9. FIRE REGULATIONS 10. PARKS AND RECREATION BEAUTIFICATION COUNCIL 11. PUBLIC WORKS COMMITTEE 12. REDEVELOPMENT COMMISSION 13. ECONOMIC DEVELOPMENT COMMISSION 14. CIVIL DEFENSE 15. PERSONNEL RULES AND REGULATIONS 16. POLICIES OF THE TOWN 17. BENEFITS RELATED TO PERSONNEL 18. FINANCE AND FUNDS 19. TOWN MEMBERSHIPS AND AGREEMENTS 20. AGENCIES AND OTHER ENTITIES

11 21. ACCESS TO PUBLIC RECORDS ACT 22. REDEVELOPMENT AUTHORITY

12 ARTICLE 1: TOWN CLERK-

Section 2-1 Terms of office 2-2 Powers and duties 2-3 Compensation 2-4 Deputies and employees

§ 2-1 TERM OF OFFICE. (A) The Clerk-Treasurer is an elected position whose term of office is for four years, beginning at noon on January 1, after his or her election and continuing until a successor is elected and qualified, excepting that the first Clerk-Treasurer has been sworn in to office on November 30, 1995. (B) The Clerk-Treasurer shall be elected by the voters of the whole town, pursuant to statute. (’95 Code, § 2-1) (Ord. 95-3, passed 11-30-95) Statutory reference: For provisions concerning the Clerk-Treasurer’s term of office and residency requirements, see I.C. 36-5-6-3 For provisions concerning the election of the Clerk-Treasurer, see I.C. 36-5-6-4, 3-10-6 or 3-10-7

§ 2-2 POWERS AND DUTIES. (A) The Clerk-Treasurer may administer oaths, take depositions and take acknowledgments of instruments, as required by law. (B) The Clerk-Treasurer may perform all duties prescribed by law, which include but are not limited to the following: (1) Receive and care for all town monies, and pay them out upon order of the Town Council; (2) Keep accounts of all town monies; (3) File monthly reports with the Town Council showing all receipts and disbursements of the Town Treasury for the preceding month; (4) Maintain records which are open for inspection by the Town Council; (5) Issue all licenses; and (6) Attend all Town Council meetings and maintain a recording of its proceedings.

13 (C) The Clerk-Treasurer is both the Clerk and Fiscal Officer, pursuant to I.C. 36-5-6-2. (’95 Code, § 2-2) (Ord. 95-3, passed 11-30-95) Statutory reference: For previsions concerning the powers and Duties of the Town Clerk-Treasurer, see I.C. 36-5-6-6

§ 2-3 COMPENSATION.

The Compensation for the services of the person holding the office of Clerk-Treasurer shall be fixed by the Town Council. (’95 Code, § 2-3) (Ord. 95-3, passed 11-30-95)

§ 2-4 DEPUTIES AND EMPLOYEES. (A) The Clerk-Treasurer may appoint the number of deputies and employees authorized by the Town Council. (B) Deputies and employees so hired serve at the pleasure of the Clerk-Treasurer. (C) The town authorizes one Deputy Town Clerk-Treasurer to be selected by the Clerk-Treasurer and to perform the duties as the Clerk-Treasurer specifies or in the absence of the Clerk-Treasurer, to perform necessary functions as required by law.

(D) The town authorizes the Deputy Clerk-Treasurer to be paid at a rate determined by Town Council. (’95 Code, § 2-4) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-43, passed 8-28-97)

14 ARTICLE 2: TOWN MANAGER

Section 2-8 Town Manager position established 2-9 Duties of Town Manager 2-10 Compensation and tenure 2-11 Performance bond Statutory reference: For provisions concerning the Town Manager, See I.C. 36-5-5-1 through 36-5-5-9

§ 2-8 TOWN MANAGER POSITION ESTABLISHED. The full-time position of Town Manager is established, pursuant to I.C. 36-5-5-1 et seq., provided that until the appointment of the first Town Manager, the duties of the Town Manager shall be assumed by the Town Council. (’95 Code, § 2-8) (Ord. 95-3, passed 11-30-95)

§ 2-9 DUTIES OF TOWN MANAGER. The Town Manager is the Chief Administrative Officer for the town. He or she is also responsible for the administrative duties of the Town Council. Unless a written order or ordinance of the Town Council provides otherwise, the Town Manager: (A) Shall attend special and regular meetings of the Town Council, Board of Zoning Appeals and Plan Commission, necessary for the efficient planning and operation of the town. Also, he or she will be required to attend other meetings as requested and authorized by the Town Council; (B) Shall have supervisory control over all town personnel and contract employees, with the exception of elected officials and worn-in police personnel with his or her authority to employ, discharge, or transfer personnel subject to the approval of the Town Council. Employees of the office of the Clerk0Treasurer are directly responsible to the Clerk-Treasurer. Clerk-Treasurer employees may be used for other town duties outside the office of the town Clerk-Treasurer upon direction by the Town Manager and agreement by the Clerk-Treasurer; (C) Shall administer and enforce all ordinances, orders and resolutions of the legislative body; (D) Shall see that all statutes which are required to be administered by the Town Council or a town officer subject to the control of the Town Council are faithfully administered; (E) Shall assist appropriate commissions with budget estimates and submit them to the Town Council when required;

15

(F) Shall review contracts on behalf of the town for materials, supplies, services or improvements, after the completion of the appropriations, notice and competitive bidding required by statutes and report recommendations to Town Council; (G) May receive service of summons on behalf of the town; (H) Is responsible for the efficient operation of all departments, with the right to organize and set up procedures within the various departments; (I) Shall deal with all complaints and assemble available facts and statistics to aid the Town Council in dealing with major complaints and problems; (J) Shall advise the Town Council of all events, proposals or inquiries that may have an impact on the community; (K) Shall keep the Town Council apprised of all budgetary expenditures and requirements as they occur and shall also prepare specifications for all equipment purchases for the town; and (L) Shall have any other duties set forth in the Town Manager’s contract or job description. (’95 Code, § 2-9) (Ord. 95-3, passed 11-30-95; Am. Ord. 99-18, passed 11-9-99; Am. Ord. 2001-15, passed 8-23-01)

§ 2-10 COMPENSATION AND TENURE. All compensation and tenure provisions for the Town Manager shall be established, pursuant to I.C. 36-5-5-2. (’95 Code, § 2-10) (Ord. 95-3, passed 11-30-95)

§ 2-11 PERFORMANCE BOND.

The Town Manager must execute a bond for the faithful performance of this or her duties, pursuant to I.C. 5-4-1 and 36-5-5-5. (’95 Code, § 2-11) (Ord. 95-3, passed 11-30-95)

16 ARTICLE 3: ORDINANCE VIOLATIONS BUREAU

Section 2-17 Ordinance Violations Bureau Established

§ 2-17 ORDINANCE VIOLATIONS BUREAU ESTABLISHED. (A) There shall be created the Avon Ordinance Violations Bureau (“Bureau”) pursuant to Indiana Code 33-6-3-1 et seq., as amended. (B) The Avon Clerk-Treasurer is appointed and shall serve as the Violations Clerk, who administers the Bureau. (C) The Clerk-Treasurer and his or her staff, as his or her agents, shall accept written appearances, waivers of trial, admissions of violations, and payment of civil penalties in the amount and for the violation as provided below at the Clerk-Treasurer’s office during the hours specified on the complaint or summons issued under authority of this section. (D) Avon’s regulations and Code of Ordinances provisions identified in the schedule in this section (each hereinafter referred to as “Bureau ordinance”) shall be within the jurisdiction of the Bureau subject to the civil penalties listed to the right of each Bureau ordinance. For some Bureau ordinances, second and any additional violations, admissions or judgment of violations of that ordinance, occurring within 12 months of any other violation, admission or judgment of violation will be subject to a greater civil penalty. Where applicable, those greater penalties for second and additional violations and admissions or judgments are listed to the right of the penalty that applies to the first violation, admission or judgment of violation.

[Schedule begins on the following page]

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Avon – Chapter 2: Town Administration

Ordinance or Code of Ordinance Provisions Civil Penalty 4-22 PROHIBITED ALARM SYSTEMS $25

4-24 FAILURE TO OBTAIN ALARM PERMIT – RESIDENTIAL $25

4-31 FAILURE TO OBTAIN ALARM PERMIT – BUSINESS $25

4-37 FALSE ALARM (after three in one calendar year) $25

4-48 CANVASSING WITHOUT REGISTRATION WITH TOWN $50

4-54 IMPROPER CONDUCT BY CANVASSER $50

4-88 INTERFERENCE WITH A PARADE, PUBLIC MEETING OR $50 ASSEMBLY

4-136 OPERATION OF GARAGE SALE IN EXCESS OF LIMIT $25

5-19 POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PARK $25

6-21 ACTION OF DOGS CONSTITUTING A NUISANCE $50 6-30 KEEPING OF PROHIBITED ANIMALS $200 6-31 KEEPING SPECIFIC ANIMALS GREATER THAN RESTRICTED NUMBER $200

6-35 UNLAWFUL BURIAL OF ANIMAL $25 6-39 UNLAWFUL BURIAL OF ANIMAL BY RAILROAD $25 6-41 FAILURE TO VACCINATE DOG OR CAT $25 6-45 UNLAWFUL OUTDOOR BURNING $50 6-82 UNLAWFUL POSSESSION AND SALE OF KNUCKS OR BILLYS $75

6-85 PUBLIC DISPLAY OF FIREWORKS WITHOUT CERTIFICATE OF INSURANCE FILED WITH TOWN $50

18 6-87 SHOOTING OF FIREWORKS WITHIN TOWN LIMITS $15/$25 6-115 DEPOSITING WASTE- LITTERING $25 6-116 WASTE FALLING FROM VEHICLE $50 6-117 PERMITTING PROPERTY TO BECOME UNSIGHTLY ABUTTING PUBLIC WAY $50

6-118 PERMITTING PROPERTY TO BECOME UNSIGHTLY $20/$35 6-126 THROWING OR DISTRIBUTING HANDBILLS IN PUBLIC PLACES $15 6-127 PLACING HANDBILLS ON VEHICLES $15/$25 6-128 DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PREMISES $15/$25

6-129 DEPOSITING HANDBILLS WHERE PROHIBITION POSTED $15/$25 6-161 UNLAWFUL CREATION OF NOISE – DESIGNATED ACTS $25 6-170 UNLAWFUL USE OF RIDING DEVICES ON SIDEWALKS AND MUNICIPAL PARKING LOTS $15/$25 6-171 UNLAWFUL USE OF RIDING DEVICES WHERE PROHIBITION POSTED $15/$25 6-172 UNLAWFUL USE OF RIDING DEVICES IN DESIGNATED DISTRICTS $15/$25 6-200 UNLAWFUL GROWTH $50/$100

6-261 VIOLATION OF WATER CONSERVATION REGULATIONS FOR A DECLARED WATER WARNING OR WATER EMERGENCY First Offense: Second offense (within a 12-month period): Written warning Third & subsequent offenses (within a 12- $500 month period): $500

7-12 VIOLATION OF UNSAFE BUILDING LAW – PUBLIC NUISANCE $100

19 7-36 VIOLATION OF BUILDING CODE $100 7-40 DEMOLISHING BUILDING OR STRUCTURE WITHOUT PERMIT $100

7-104 VIOLATION OF ORDER FORBIDDING OCCUPANCY $100 7-110 INTERFERENCE WITH EMERGENCY PERSONNEL AT EMERGENCY SCENE $25 7-111 UNAUTHORIZED CROSSING OF FIRE LINES OR LIMITS $25 7-114 INTERFERENCE WITH FIRE PROTECTION DEVICE $25 7-184 OBSTRUCTION OF FIRE HYDRANT OR PROTECTION SYSTEMS $25 7-185 FAILURE TO OBSERVE LANES $25 7-195 OTHER VIOLATIONS OF FIRE CODE $25 8-23 INTERFERENCE WITH OFFICIAL SIGNS OR SIGNAL $25 8-65 IMPROPER PARKING, PARKING VEHICLE HEADING IN DIRECTION OF LAWFUL MOVEMENT $15 8-66 IMPROPER ANGLED PARKING $10 8-67 PARKING WHERE PROHIBITED – STREET SWEEPING $10 8-68 PARKING IN EXCESS OF TIME POSTED $10 8-69 PARKING PROHIBITED IN DESIGNATED AREAS – COMMERCIAL AND INDUSTRIAL $25/$50

8-70 PARKING IN PHYSICALLY DISABLED SPACE WITHOUT PERMIT $100 8-71 PARKING PROHIBITED IN DESIGNATED AREAS $10 8-71 PARKING IN STREET OR ALLEY BLOCKING FLOW OF TRAFFIC $10 8-74 STANDING OR PARKING VEHICLES FOR CERTAIN DESIGNATED PURPOSES $25/$50

20 8-75 UNLAWFUL PARKING OF TRAILERS $10/$20 8-79 PARKING ON SIDEWALKS OR GRASSY AREAS $10 8-90 PARKING IN BUS ZONE $10 8-113 NO OVERNIGHT PARKING $25/$50 8-118 UNLAWFUL CROSSING OF PEDESTRIANS AT ROADWAYS AND HIGHWAYS $10 8-121 UNLAWFUL RIDING ON ANY VEHICLE $25 8-122 UNLAWFUL RIDING OF HORSE ON SIDEWALK $25 8-141 ABANDON VEHICLES $25

(E) Any Avon police officer or other Avon official or employee authorized by a regulation of the town or state law to issue complaints for violations of regulations may issue complaints for the violation of Bureau ordinances. (F) Any person upon whom a complaint and summons is issued pursuant to this section shall: (1) Appear at the Clerk-Treasurer’s office to admit or deny the violation within seven days of the issuance of the complaint; or (2) Have had delivered his or her admission and entire penalty payment or written denial to the Clerk-Treasurer’s office within seven days of the issuance of the complaint. (G) If a person upon whom a complaint and summons is issued pursuant to this section does not bring an admission of violation and payment of the civil penalty or if a complaint for a violation of a Bureau ordinance issued pursuant to this section is not properly responded to in writing within seven days of the issuance of the complaint, the Bureau shall add a late charge of $5 per violation to the amount otherwise payable under division (D). After 30 days of the issuance of the complaint, the

21 Bureau shall not accept admission of a violation or payment of the civil penalty without the consent of the Town Manager who may withhold that consent if the violation has been referred to legal counsel for judicial resolution. (H) Upon payment of any sum of money into the Ordinance Violation Bureau, as provided by this section, the Clerk-Treasurer shall issue a receipt to the person so paying. The Clerk-Treasurer shall keep a record of all payments and shall account for all sums paid to the Bureau under this section as required by statute. The Clerk-Treasurer shall provide the Town Council with a monthly report on the Bureau’s activities showing the total number of complaint and summons issued pursuant to this period, including their dates of issuance and the number of such cased referred to the town’s Ordinance Prosecutor. (I) If a person upon whom a complaint and summons is issued pursuant to this section fails to deny or admit a violation within 30 days, the town’s Ordinance Prosecutor may bring legal proceedings in a court of competent jurisdiction. Under such circumstances, if a judgment is rendered in favor of the town, court costs will be assessed in addition to any fine or other relief provided. (J) If a person upon whom a complaint and summons is issued pursuant to this section wants to challenge this ticket and assure that it will be kept under the jurisdiction of the Avon Ordinance Violation Bureau, he or she must go to the Clerk-Treasurer’s office and expressly deny the violation or send a signed written statement indication of his or her denial to the Clerk-Treasurer within 30 days of the issuance of the complaint and summons. Under such circumstances, the town’s Ordinance Prosecutor will initiate legal proceedings in a court of competent jurisdiction for the alleged violation. (K) The identification in division (D) of an Avon regulation or Code of Ordinance provision as a Bureau ordinance does not preclude the town from taking other legal action to enforce said ordinance or code provision in lieu of issuing a complaint under the authority of his section seeking the civil penalty prescribed in division (D), if the Avon regulation or code provision provides for other enforcement options, including but not limited to injunctive relief and recovery of abatement costs or of damages. (L) Deferral program. The Town Attorney shall administer a deferral program under terms and conditions the Town Attorney, in his or her discretion, serves the best interests of the town. Under this program, the Town Attorney may remove from the active docket cases for those cited for violating the provisions of the town code. All agreements for deferral must be in writing, signed by both the defendant and the Town Attorney, and filed with the Town Court. The defendants must agree to the terms of the deferral agreement and must pay the deferral fees, court fees and other costs as provided for in the agreement. The deferral agreements shall provide that upon successful completion of the deferral program by the defendant, the Town Attorney shall file a motion with the Town Court for dismissal of the case. The Town Attorney shall have the authority to take all lawful actions necessary for the proper administration of this program. (’95 Code, § 2-17) (Ord. 95-3, passed 11-30-95; Am. Ord. 99-18, passed 11-9-99; Am. Ord. 200-21, passed 12-28-00; Am. Ord. 2003-25, passed 7-10-03; Am. Ord. 2003-42, passed 12-11-03; Am. Ord. 2006-22, passed 9-28-06; Am. Ord. 2006-23, passed 10-12-06; Am. Ord. 2009-28, passed 10-22-09; Am. Ord. 2010-01(A), passed 4-8-10; Am. Ord 2012-4, passed 3-8-12; Am. Ord. 2013-12, passed 9-12- 13)

22 ARTICLE 4: ADVISORY PLAN COMMISSION

Section 2-21 Plan Commission created 2-32 Terms of citizen members 2-33 Terms of government members 2-34 Vacancies 2-35 Powers and duties

2-36 Plan Commission to rename streets Statutory reference: For provisions concerning local zoning and Planning regulations, see I.C. 36-7-4 et seq.

§ 2-31 PLAN COMMISSION CREATED. There is established an Advisory Plan Commission for the town to consist of seven members. The Town Council shall appoint three persons who are elected, appointed officials in the town government or employees of the town as members. The President of the Town Council shall appoint four citizen members, of whom not more than two may be of the same political party. (’95 Code, § 2-31) (Ord. 95- 11, passed 12-21-95)

§ 2-32 TERMS OF CITIZEN MEMBERS. Two citizen members of the Plan Commission shall initially be appointed for a term of three years and two citizen members shall initially be appointed for a term of four years. When an initial term of office of a citizen member expires, each new appointment of a citizen member shall be for a term of four years. The term of each citizen member of the Plan Commission shall expire on the first Monday of January of the third or fourth year, as the case may be, after the year of the member’s appointment. (’95 Code, § 2-32) (Ord. 95-11, passed 12-21-95)

§ 2-33 TERMS OF GOVERNMENT MEMBERS.

A government member of the Plan Commission shall serve a term which is co-extensive with the member’s term of government office unless the Town Council, at its first regular meeting in any year, appoints another government member as a replacement. (’95 Code, § 2-33) (Ord. 95-11, passed 12-21-95)

23 § 2-34 VACCINES If any vacancy occurs among the citizen members of the Plan Commission, the President of the Town Council shall appoint a member for the unexpired term of the vacating member. The Town Council shall fill any vacancy occurring among government members of the Plan Commission by appointing another government member. (’95 Code, § 2-34) (Ord. 95-11, passed 12-21-95)

§ 2-35 POWERS AND DUTIES.

The Plan Commission shall perform all of the duties and responsibilities required of advisory municipal planning commissions by the statutes of the state, as well as those duties and responsibilities assigned to it by written order or ordinance of the Town Council. (’95 Code, § 2-35) (Ord. 95-11, passed 12-21-95)

§ 2-36 NAMING OF STREETS.

The Plan Commission of the town is directed to exercise the authority to name or rename streets within the town. (’95 Code, § 2-36) (Ord. 96-31, passed 7-15-96)

24 ARTICLE 5: BOARD OF ZONING APPEALS

Section 2-40 Board of Zoning Appeals established 2-41 Qualifications of Board members 2-42 Terms of office 2-43 Vacancies 2-44 Conflicts of interest 2-45 Quorum 2-46 Official action 2-47 Powers and duties Statutory reference: For provisions concerning the Board of Zoning Appeals, see I.C. 36-7-4-900, et seq.

§ 2-40 BOARD OF ZONING APPEALS ESTABLISHED. There is established a Board of Zoning Appeals to consist of five members, and three alternate members. (’95 Code, § 2-40) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

§ 2-41 QUALIFICATIONS OF BOARD MEMBERS. (A) Three citizen members shall be appointed by the Town Council President, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission. (1) One alternate member shall be appointed by the Town Council President. (2) The alternate member appointed by the Town Council President may serve in the capacity of any of the three members appointed by the Town Council President, regardless of whether the alternate member is also a member of the Plan Commission. (3) The alternate member appointed by the Town Council President shall not serve in place of any individual member more than once in any one calendar year.

25 (B) One citizen member shall be appointed by the Town Council. This member must not be a member of the Plan Commission. (1) One alternate member shall be appointed by the Town Council. (2) The alternate member appointed by the Town Council may serve in the capacity of citizen member appointed by the Town Council. (3) The alternate member appointed by the Town Council shall not serve in place of any individual member more than once in any one calendar year. (C) One member shall be appointed by the Plan Commission from the Commission’s membership, who must be a citizen member of the Plan Commission other than the member appointed under division (A) of this section. (1) One alternate member shall be appointed by the Plan Commission from the Commission’s membership, who must be a citizen member of the Commission other than the member appointed in division (A) of this section.

(2) The alternate member appointed by the Plan Commission shall not serve in place of any individual member more than once in any one calendar year. (’95 Code, § 2-41, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

§ 2-42 TERMS OF OFFICE. (A) Members of the Board shall initially be appointed for the following terms of office: (1) One for a term of one year; (2) One for a term of two years; (3) One for a term of three years; and (4) Two for a term of four years. (B) When an initial term of office expires, each new appointment shall be for a term of four years. Each term expires on the first Monday of January of the first, second, third or fourth year, respectively, after the year of the member’s appointment.

(C) Each alternate member shall be appointed for a term of one year. Each term expires on the first Monday of January after the year of the member’s appointment. (’95 Code, § 2-42) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

26 § 2-43 VACANCIES. If a vacancy occurs among the members of the Board authority that appointed member shall appoint a member for the unexpired term of the vacating member. (’95 Code, § 2-43) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

§ 2-44 CONFLICTS OF INTEREST.

A member of the Board of Zoning Appeals may not participate in a hearing or decision of the Board concerning a zoning matter in which he or she has a direct or indirect financial interest. (’95 Code, § 2-44) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

§ 2-45 QUORUM. A quorum consists of a majority of the five members of the Board of Zoning Appeals. For purposes of determining whether a quorum exists, alternate members count the same as regular members. (’95 Code, § 2-45) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

§ 2-46 OFFICIAL ACTION. Action of the Board of zoning Appeals is not official, unless authorized by a majority of the five members of the Board. For purposes of determining whether action has been authorized by a majority, alternate members’ votes count the same as regular members. (’95 Code, § 2-46) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

§ 2-47. POWERS AND DUTIES. The Board of Zoning Appeals shall be subject to the requirements of and perform all of the duties and responsibilities set out in the advisory planning law of the state. (’95 Code, § 2-47) (Ord. 95-3, passed 11-30-95; Am. Ord. 95-12, passed 12-21-95; Am. Ord. 96-2, passed 1-18-96; Am. Ord. 2011-04, passed 3-24-11)

27 ARTICLE 6: BOARD OF METROPOLITAN POLICE COMMISSIONERS

Section

2-50 Organization of Police Department 2-51 Reserved 2-52 Take home car benefit 2-53 Reserved 2-54 Reserved 2-55 Participation in PERF program 2-56 Reserved 2-57 Merit System 2-57.1 Establishment of Merit System 2-57.2 Definitions 2-57.3 Merit Commission; establishment; appointment of members; qualifications; oath 2-57.4 Commissioners; terms; tenure 2-57.5 Elections; meeting; notice 2-57.6 Rules governing Commission; transaction of business; selection of officers; records; budgets 2-57.7 Rules; adoption; notice and hearing 2-57.8 Department members; tenure; chief; appointment and qualifications 2-57.9 Department members; appointment; qualifications; application; general aptitude test; ratings; eligibility list;

28 vacancies; physical agility test; probation 2-57.10 Promotions 2-57.11 Examination 2-57.12 Performance rating 2-57.13 Vacancies; promotions 2-57.14 Disciplinary measures 2-57.15 Appeals 2-57.16 Powers of the Chief 2-57.17 Retirement 2-57.18 Temporary leave 2-57.19 Rules 2-57.20 Prohibited

§ 2-50 ORGANIZATION OF POLICE DEPARMENT. (A) Officers. (1) Regular members. (a) There shall be a force of regular police reserve officers which shall assist the regular officers of the Police Department as provided for by the rules of the Police Department. (b) These regular officers shall be appointed and removed as provided for in §§ 2-57.8 through 2-57.13. (2) Reserve Officers. (a) Establishment of reserve force. There shall be a force of police reserve officers which shall assist the regular officers of the Police Department as provided for by the rules of the Police Department. (b) Appointment. Reserve officers shall be appointed by the Avon Police Merit Board; however, they will not be entitled to participate in the merit system.

29 (c) No regular officers. Reserve members shall not be members of the regular Police Department but shall have all of the same police powers as regular officers, except as limited by the rules of the Department. (d) Compensation. To the extent money is appropriated by the Town Council, reserve officers may receive the following benefits: 1. A uniform allowance; and 2. Insurance for accidents and injuries. (e) No wages. Reserve officers will receive no wages or salaries. (f) No pension. Reserve officers will not be eligible for pension or retirement benefits. (g) Training. Reserve officers may not be appointed until such time as he or she has completed a pre-basic course under I.C. 5-2-1-9(f) and other training deemed necessary by the Police Chief. (h) Limitation of powers. In addition to the other limitation imposed by the Department, reserve officers shall not have the authority to make an arrest, conduct a search or a seizure of a person or property or carry a firearm until he or she successfully completes a pre-basic course under I.C. 5-2-1- 9(f). (3) School Officers. (a) Selection. Avon School Corporation may select from the regular officers or reserve officers one or more school officers. (b) Employees of school. School officers are employees of the school corporation and not employees of the Police Department or town while performing their duties as school officers.

(c) No compensation. School officers shall not receive from the town any compensation for service to the school corporation as school officers. (Ord. 206-25, passed 10-26-06; Am. Ord. 2007-13, passed 5-10-07)

§ 2-51 RESERVED. § 2-52 TAKE HOME CAR BENEFIT.

Officers must reside within 15 miles of the town corporate limits to qualify for a take home car benefit. (Ord. 2003-09, passed 3-27-03)

§ 2-53 RESERVED.

30 § 2-54 RESERVED.

§ 2-55 PARTICIPATION IN PERF FUND. The Town Council does hereby acknowledge that upon the adoption and with the effective date of this article, that it is mandated to participate in the 1977 PERF Fund, all in accordance with I.C. 36-8-8- 3. (Ord. 99-9, passed 4-8-99)

§ 2-56 RESERVED.

§ 2-57 MERIT SYSTEM. Pursuant to IC 36-8-3.5 the Town of Avon hereby begins the process of establishing a Merit System for the Avon Police Department. (Ord. 2003-09, passed 3-27-03)

§ 2-57.1 ESTABLISHMENT OF MERIT SYSTEM.

There is hereby established a Merit system under IC 36-8-3.5-1 and IC 36-8-3.5-3. (Ord. 2003-09, passed 3-27-03)

§ 2-57.2 DEFINITIONS. COMMISSION. The Merit Commission established herein. DEPARTMENT. The Police Department of Avon. (Ord. 2003-09, passed 3-27-03)

§ 2-57.3 MERIT COMMISSION; ESTABLISHMENT; APPOINTMENT OF MEMBERS; QUALIFICATIONS; OATH. (A) A Merit Commission consisting of five Commissioners shall be established for the Avon Police Department. The Commissioners are: (1) Two persons who must be of different political parties, appointed by the president of the Avon Town Council. (2) One person appointed by the Avon Town Council. (3) Two persons, who must be of different political parties, elected by the active members of the Department. Notwithstanding IC 36-1-8-10, political affiliation shall be determined through the voters’ registration records of the three most recent primary elections.

31 (B) Each Commissioner must have been a legal resident of Avon for three consecutive years immediately preceding the Commissioner’s term and must be a person of good moral character, The Avon Town Council may upon the recommendation of the Merit Commission, determine a per diem to be paid to each Commissioner for each day of actual service for the Commission. A Commissioner may not be an active member of a Police or Fire Department of agency and not more than two of the commissioners may be past members of a Police or Fire Department or agency. In addition, a person may not serve on the Commission if the person receives any remuneration as salary from Avon. (C) Each Commissioner shall take an oath of office to conscientiously discharge the Commissioner’s duties. A signed copy of the oath shall be filed with the Merit Commission. (Ord. 2003-09, passed 3- 27-03)

§ 2-57.4 COMMISSIONERS; TERMS; TENURE. (A) The term of a Commissioner is four years. However, one of the executive’s initial selections and one of the Department’s initial selections are for terms of two years. (B) A vacancy on the Commission shall be filed within 30 days by the appointing or electing authority. The selection is for the remainder of the unexpired term.

(C) A Commissioner serves at the pleasure of the appointing or electing authority and may be removed at any time. In the case of a Commissioner elected by the Department, the Merit Commission shall call a meeting of the active members of the Department under the procedures specified in this section if a recall petition signed by a majority of the active members is submitted to the Board. (Ord. 2003-09, passed 3-27-03)

§ 2-57.5 ELECTIONS; MEETING; NOTICE. (A) An election to be made by the active members of the Department shall be made at a meeting called specifically for the purpose by the Merit Commission. The Board shall give at least three weeks’ notice of the meeting to all active members of the Department by posting the notice in prominent locations in stations of the Department. The notice shall also be read during shift roll calls. The notice must designate the time, place, and purpose of the meeting. (B) Only active members of the Department may attend the meeting, and at the meeting one of them shall be selected as chairman. All voting must be by secret written ballot. The other procedures for holding the meeting may be determined by the Merit Commission and shall be posted in accordance with division (A). (Ord. 2003-09, passed 3-27-03)

32

§ 2-57.6 RULES GOVERNING COMMISSION; TRANSACTION OF BUSINESS; SELECTION OF OFFICERS; RECORDS; BUDGET. (A) Within 30 days after the Commission is selected, the Commission shall adopt rules to govern the Commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the Commission. A majority of the Commissioners constitutes a quorum, and a majority vote of all the Commissioners is necessary to transact the business of the Commission. Each year the Commissioners shall select from among their number a president, vice president, and secretary. The Commission shall keep a permanent record of its proceedings. (B) The Commission shall submit a proposed annual budget the unit as other budgets of the unit are submitted. The legislative body shall include in its budget an amount sufficient for the necessary expenses of the Commission. (Ord. 2003-09), passed 3-27-03)

§ 2-57.7 RULES; ADOPTION; NOTICE AND HEARING. (A) Within 90 days after the Commission is selected, the Commission shall adopt rules governing: (1) The selection and appointment of persons to be employed as members of the Department, subject to applicable pension statutes; (2) Promotions and demotions of members of the Department; and (3) Disciplinary action or dismissal of members of the Department. (B) Before the rules required by this chapter are adopted by the Commission must hold a public hearing to consider the adoption of the proposed rules. At least ten days before the public hearing, the commission must have a notice of the hearing published in accordance with I.C. 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules. (C) At least ten days before the hearing, one copy of the proposed rules must be placed on file in the Office of the Clerk of the unit for inspection by residents of the unit. (D) At least ten days before the hearing, three copies of the proposed rules must be forwarded to the Chief of the Department and retained on file in his or her office for inspection at all times by members of the Department.

(E) At the hearing any interested person of the unit and any member of the Department must be afforded an opportunity to present both oral and written evidence on any matter relating to the adoption of the proposed rules. The Commission shall give due consideration to this evidence in making its final decision concerning the adoption of the proposed rules. (Ord. 2003-09, passed 3-27-03)

33 § 2-57.8 DEPARTMENT MEMBERS; TENURE; CHIEF; APPOINTMENT AND QUALIFICATIONS. (A) The Commission may appoint and remove members of the Department, except for a member in an upper level policymaking position. The executive of the unit shall appoint and may remove a member in an upper level policymaking position. (B) Intentionally left blank. (C) To be appointed chief or deputy chief of a police department, an applicant must meet the qualifications in I.C. 36-8-4-6.5.

(D) The removal of a member from an upper level policymaking position is removal from rank only and not from the Department. When the member is removed, he shall be appointed by the commission to the rank to which he or she had been promoted during his or her tenure in the upper level position. If such a rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available. (Ord. 2003-09, passed 3-27-03)

§ 2-57.9 DEPARTMENT MEMBERS; APPOINTMENT; QUALIFICATIONS; APPLICATION; GENERAL APTITUDE TEST; RATINGS; ELIBIGILITY LIST; VACANCIES; PHYSICAL AGILITY TEST; PROBATION. (A) To be appointed to the Department, an applicant must be: (1) A citizen of the United States; (2) A high school graduate or equivalent; and (3) At least 21 years of age, but under 36 years of age. However, the age requirements do not apply to a person who has been previously employed as a member of the Department. (B) A person may not be appointed, reappointed, or reinstated if he has a felony conviction on his record. (C) Applications for appointment or reappointment to the Department must be filed with the Commission. The applicant must produce satisfactory proof of the date and place of his or her birth. (D) Applicants for appointment or reappointment to the Department must pass the general aptitude test required under I.D. 36-8-3.2 or I.C. 36-8-3.2-3.5. The general aptitude test shall: (1) Reflect the essential functions of the job; (2) Be conducted according to procedures adopted by the Commission; and (3) Be administered in a manner that reasonably accommodates the needs of disabled applicants.

34 The results of the general aptitude test shall be filed with the Commission. If the Commission finds that the applicant lacks the proper qualifications, it shall reject the applicant. (E) The applicants shall then be rated on the selection criteria and testing methods adopted by the Commission, which may include mental alertness, character, habits and reputation. The Commission shall adopt rules for grading the applicants, including the establishment of a passing score. The Commission shall place the names of applicants with passing scores on an eligibility list by the order of their scores and shall certify the list to the Safety Board. (F) If an applicant for original appointment reaches his or her 36th birthday, his or her name shall be removed from the eligibility list. Applicants remain on the list for two years from the date of certification. After two years a person may reapply as an applicant. (G) When a vacancy occurs in the Department, the Commission, upon a written request of the Chief of the Department, shall administer the physical agility test under I.C. 36-8-3.2-3 or I.C. 36-8-3.2-3.5 to the applicant having the highest score on the eligibility list. If the appointed applicant successfully completes the physical agility test, the applicant shall then be enrolled as a member of the Department to fill the vacancy if: (1) The applicant is still of good character; and (2) The applicant passes the required examinations identified in I.C. 36-8-3.2-6 and I.C. 36-8-8- 19.

(H) All appointments are probationary for a period not to exceed one year. If the Commission finds, upon the recommendation of the department during the probationary period, that the conduct or capacity of the probationary member is not satisfactory, the Commission shall notify him or her in writing that he or she is being reprimanded, that he is being suspended, or that he will not receive a permanent appointment. If a member is notified that he or she will not receive a permanent appointment, his or her employment immediately ceases. Otherwise, at the expiration of the probationary period the member is considered regularly employed. (Ord. 2003-09, passed 3-27-03)

§ 2-57.10 PROMOTIONS. (A) Rules governing promotions must provide that the following factors be considered in rating a member of the Department for a promotion: (1) The score received by the member on a written competitive examination. (2) The score received by the member on an oral competitive interview. (3) The performance record of the member in the Department. (4) The member’s length of service.

35 The Commission shall determine the weight to be given to each of the factors. However, neither a member’s length of service nor the score received on the oral interview may comprise more than 20% each of the rating. (B) Promotions to a rank must be from the next lower rank. In addition, the member being promoted must have served at the lower rank for a period determined by the Commission. (C) Only members who are qualified in rank and length of service may be given the competitive examinations and placed on an eligibility list. The eligibility list for a position consists of members who have been placed on the list in order of their cumulative score on all rating factors. The eligibility list shall be maintained for two years from the date of certification, after which time the list shall be retired and a new list established. The retired list shall be kept for five years and then destroyed. (Ord. 2003-09, passed 2-27-03)

§ 2-57.11 EXAMINATION. (A) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The Commission may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations. (B) The identity of a member taking the written examination shall be withheld from the person or persons grading the examination, and all written examinations are confidential. The Commission shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any time. (C) The examination papers shall be kept under the Commission’s supervision. A member who is aggrieved with the score received on the written examination may appeal to the Commission for review of the score. The appeal must be filed within ten days after notice of the score has been sent to him or her. He or she may review the questions incorrectly answered by him or her and challenge the answer considered correct by the examiner. The Commission shall either affirm the score or correct the score according to the findings of a review. The examination papers shall be retired after the two0year period during which the eligibility list is valid. The retired papers shall be kept for five years and then destroyed. (Ord. 2003-09, passed 2-27-03)

§ 2-57.12 PERFORMANCE RATING. (A) The Commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six months for each member of the Department, including probationary members. The rating shall be made by one or more of the member’s superiors, as defined in the Commission’s rules. Probationary members shall be rated in the same manner as other members of the Department. The ratings shall be submitted to the Chief of the Department and kept on file in his or her office under his or her office under his or her supervision. The chief shall notify each member in writing of the rating that the member received.

36

(B) A member who is aggrieved with the performance rating given to him or her by his or her superior may appeal to the Commission for a review of the rating. The appeal must be filed within ten days after notice of the rating has been sent to him or her. The Commission shall either affirm or correct the rating. (Ord. 2003-09, passed 3-27-03)

§ 2-57.13 VACANCIES; PROMOTIONS. (A) When a vacancy in rank occurs, the Commission shall certify to the Chief of the Department the three members with the highest scores on the eligibility list for that particular rank. Within six months the Commission, upon the recommendation of the chief; shall promote one of those members to fill the vacant position. (B) All promotions are probationary for a period not to exceed one year. At the end of the period, a probationary member’s superior shall review the member’s performance and recommend to the Commission that: (1) The promotion be made permanent; or (2) The promotion be revoked. (C) The Commission shall prepare a rating chart for the superior’s use in making the report. The Commission shall review the report and decide what action would be taken. The probationary member is entitled to appear before the Commission and be heard on any matter detrimental to him or her in his or her superior’s report. He or she is also entitled to be represented by counsel or another representative of his or her choice. If the promotion is finally revoked, the Member may not be returned to a rank lower than that he or she held before the probationary promotion.

(D) Actions by the Commission other than making the promotion permanent may be appealed within 30 days to the circuit or superior court of the county, with the unit being named as the sole defendant. (Ord. 2003-09, passed 3-27-03)

§ 2-57.14 DISCIPLINARY MEASURES. (A) The Commission may take the following disciplinary actions against a regular member of the Department: (1) Suspension with or without pay. (2) Demotion. (3) Dismissal. If a member is suspended under this section, the member is entitled to the member’s renumeration and allowances for insurance benefits to which the member was entitled before the suspension. In addition, the local unit may provide the member’s allowance for any other fringe benefits

37 to which the member was entitled before the suspension. The Commission shall determine if a member of the Department who is suspended in excess of five days shall continue to receive the member’s salary during suspension. (B) A member may be disciplined by the Commission if: (1) The member is convicted of a crime; or (2) The Commission finds the member guilty of a breach of discipline, including: (a) Neglect of duty; (b) Violation of Commission rules; (c) Neglect or disobedience of orders; (d) Continuing incapacity; (e) Absence without leave; (f) Immoral conduct; (g) Conduct injurious to the public peace or welfare; (h) Conduct unbecoming a member; or (I) Furnishing information to an applicant for appointment or promotion that gives that person an advantage over another applicant. (C) If the Chief of the Department, after an investigation within the Department, prefers changes against a member of the Department for an alleged breach of discipline under division (B), including any civilian complaint of an alleged breach of discipline under divisions (B)(2)(f), (B)(2)(g), or (B)(2)(h), a hearing shall be conducted upon the request of the member. If a hearing is requested within five days of the chief preferring charges, the parties may be agreement designate a hearing officer who is qualified by education, training, or experience. If the parties do not agree within this five-day period, the Commission may hold the hearing or designate a person or Board to conduct the hearing, as provided in the Commission’s rules. The designated person or Board must be qualified by education, training, or experience to conduct the hearing, as provided in the Commission’s rules. The designated person or Board must be qualified by education, training, or experience to conduct such a hearing and may not hold an upper level policy making position. The hearing conducted under this section shall be held within 30 days after it is requested by the member. (D) Written notice of the hearing shall be served upon the accused member in person or by a copy left at the member’s last and usual place of residence at least 14 days before the date set for the hearing. The notice must state: (1) The time and place of the hearing; (2) The charges against the member;

38 (3) The specific conduct that comprises the charges; (4) That the member is entitled to be represented by counsel or another representative of the member’s choice; (5) That the member is entitled to call and cross-examine witnesses; (6) That the member is entitled to require the production of evidence; and (7) That the member is entitled to have subpoenas issues, served, and executed. (E) The Commission may: (1) Compel the attendance of witnesses by issuing subpoenas; (2) Examine witnesses under oath; and (3) Order the production of books, papers, and other evidence by issuing subpoenas. (F) If a witness refuses to appear at a hearing of the Commission after having received written notice requiring the witness’s attendance, or refuses to produce evidence that the Commission requests by written notice, the Commission may file an affidavit in the circuit court of the county setting forth the facts of the refusal. Upon the filing of the affidavit, a summons shall be issued from the circuit court and served by the sheriff of the county requiring the appearance of the witness or the production of information or evidence to the Commission. (G) Disobedience of a summons constitutes contempt of the circuit court from which the summons has been issued. Expenses related to the filing of an affidavit and the issuance and service of a summons shall be charged to the witness against whom the summons has been issued, unless the circuit court finds that the action of the witness was taken in good faith and with reasonable cause. In that case, and in any case in which an affidavit has been filed without the issuance of a summons, the expenses shall be charged to the Commission. (H) A decision to discipline a member may be made only if the preponderance of the evidence presented at the hearing indicates such a course of action. (I) A member who is aggrieved by the decision of a person or board designated to conduct a disciplinary hearing under division (C) may appeal to the Commission within ten days of the decision. The Commission shall on appeal review the record and either affirm, modify, or reverse the decision on the basis of the record and such oral or written testimony that the Commission determines, including additional or newly discovered evidence. (J) The Commission, or the designated person or Board, shall keep a record of the proceedings in cases of suspension, demotion, or dismissal. The Commission shall give a free copy of the transcript to the member upon request if an appeal is filed. (Ord. 2003-09, passed 3-27-03)

39 § 2-57.15 APPEALS. (A) A member who is aggrieved by a decision of the Commission to suspend him or her for a period greater than ten calendar days, demote him or her, or dismiss him or her may appeal to the circuit or superior court of the county in which the unit is located. (B) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions: (1) The verified appeal must be filed within 30 days after the date of the board’s decision. (2) The unit shall be named as the sole defendant. (3) The unit is assumed to have denied the allegations without filing a responsive pleading. (4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal. (5) Within 30 days after the service of summons the Commission shall file in court a complete transcript of all papers, entries, and other, parts of the record relating to the case. (C) The appeal takes precedence over other litigation pending before the court. (Ord. 2003-09, passed 3-27-03)

§ 2-57.16 POWERS OF THE CHIEF. (A) In addition to the disciplinary powers of the Commission, the Chief of the Department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five working days. For the purposes of this section, eight hours of paid time constitutes one working day. (B) If a chief reprimands a member in writing or suspends a member, he or she shall, within 48 hours, notify the Commission in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within 48 hours after receiving notice of the reprimand or suspension, request in writing that the Commission review the reprimand or suspension and either uphold or reverse the chief’s decision. At its discretion, the Commission may hold a hearing during this review. If the Board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member’s last and usual place of residence at least 14 days before the date set for the hearing. The notice must contain the information listed under division (D). If the decision is reversed, the individual who was suspended is entitled to any wages withheld as a result of the suspension. (Ord. 2003-09, passed 3-27-03)

§ 2-57.17 RETIREMENT. A member of the Department shall retire from the Department when he or she reaches his or her seventieth birthday. However, a member of the Department who is 70 years of age or older at the time

40 the ordinance stablishing the merit system takes effect may serve until the end of the calendar year. (Ord. 2003-09, passed 3-27-03)

§ 2-57.18 TEMPORARY LEAVE. (A) If it is necessary for the Safety Board to reduce the number of members of the Department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, to the appropriate number of members. The last member appointed shall be put on leave first, with other members also put on leave in reverse hiring order, until the desired level is achieved. (B) If the Department is increased in number again, the members of the department who have been granted leaves of absence under this section shall be reinstated before an applicant on the eligibility list is appointed to the Department. The reinstatements begin with the last member granted a leave. (C) A member on leave of absence shall keep the Commission advised of his or her current address. A member shall be informed of his or her reinstatement by written notice. Within ten calendar days after a member receives notice of reinstatement, he or she must advise the Commission that he accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon his or her failure to accept reinstatement within that period. (Ord. 2003-09, passed 3-27-03)

§ 2-57.19 RULES.

The Department shall print all rules of the Commission and furnish a copy to each member of the Department. Amendments to the rules take effect 30 days after their adoption if copies have been furnished to all members of the Department within that period. Otherwise, they do not take effect until copies are furnished to all members of the Department. (Ord. 2003-09, passed 3-27-03)

§ 2-57.20 PROHIBITED.

A Commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Class D. felony. (Ord. 2003-09, passed 3-27-03)

41 Section 2-60 Town Hall and properties; general policies for use 2-61 Town Hall and properties; conditions of and restrictions on use

§ 2-60 TOWN HALL AND PROPERTIES; GENERAL POLICIES FOR USE. (A) The primary function of the Town Hall is to serve as the site of government operations for the town. In addition to office areas for the Police Department and town employees, there is one large room in the building designed to accommodate meetings or other gatherings of more than a small number of people (the Town Council Chamber). The highest priority use of this room is for governmental activities, such as meetings of the Town Council, boards, and commissioners. (B) When these rooms are not needed for governmental activities, the Town Council has directed that they be made available for use by town-based groups and organizations that serve the town community. These and other facilities owned by the town, including the grounds, will be available or use by such groups and organizations subject to the following restrictions and conditions: (1) No activities that violate federal, state or local laws shall take place; (2) No activities intended to profit individuals or private businesses; (3) No formal religious services sponsored by religious organizations; (4) No activities that will risk damage to the building or to the security of governmental offices in the building; (5) No activities that will risk damage to the building or to the security of governmental offices in the building; (6) No smoking is permitted in any municipal building; and (7) Nothing should be posted on walls without written permission of the Town Manager. (C) The Town Manager shall be responsible for determining if groups and organizations, and the activities for which they seek to use the municipal facilities meet the requirements of this policy. The group or persons representing the group must agree (in writing) in advance to be responsible for the safety of the activity to be conducted in the municipal facility, for clean up after their use of the room or facility and for any damages that may occur. (D) Any group or organization that disagrees with Town Manager’s determination on a matter involving room use may appeal that decision to Town Council by filing with the Town Manager, a written statement on their reasons for objection to the Town Manager’s determination. This written statement must be filed at least one week in advance of the Council meeting when the appeal is to be heard.

42 (E) It is the town’s policy not to discriminate on the basis of race, sex, religion, national origin, or disability in making these rooms, facilities and grounds available for public use. (Res. 2000-6, passed 4-27-2000)

§ 2-60 TOWN HALL AND PROPERTIES; CONDITIONS OF AND RESTRICTIONS ON USE. (A) Town rooms and facilities will be available for use by town-based groups and organizations that serve the town, subject to § 2-60 and the following restrictions and conditions: (1) No activities that violate federal, state, or local laws shall take place. (2) No activities intended to profit individuals or private business shall take place. (3) No formal religious services sponsored by religious organizations shall take place. (4) No activities that will risk damage to the building or to the security of governmental offices in the building shall take place. (5) No alcoholic beverages are permitted in any municipal building or facility. (6) No smoking is permitted in any municipal building. (7) Nothing shall be posted on walls without written permission of the Town Manager. (B) The Town Manager shall be responsible for determining if groups and organizations, and the activities for which they seek to use the municipal facilities, meet the requirements of this chapter. The group or persons representing the group must agree in advance, in writing, to be responsible for the safety of the activity to be conducted in the municipal facility, for cleaning up after their use of the facility, and for any damages that may occur. (C) Any group or organization that disagrees with the Town Manager’s determination on a matter involving facility use may appeal that decision to the Town Council by filing with the Town Manager a written statement on their reasons for objecting to the Town Manager’s determination. This written statement must be filed at least one week in advance of the Council meeting when the appeal is to be heard. (D) A form agreement, attached to Res. 2003-11 for the use of town property should be used by the Town Manager whenever he or she determines that a group or organization meets the requirements of §§ 2-60 and 2-61 for the use of town property. (Res. 2000-6, passed 4-27-2000; Am. Res. 2003-11, passed 5-22-03) Penalty, see § 1-99.

43 ARTICLE 8: DEPARTMENTS

Section

2-70 Departments of the town 2-71 Organizational chart 2-72 Barrier-free access to public meetings Statutory reference: For provisions concerning the power of units for the “effective operation of government as to local affairs, “see I.C. 36-1-3-2

§ 2-70 DEPARTMENTS OF THE TOWN. (A) The following departments of the town are recognized. (1) Department of Planning and Zoning: (2) Public Works; (3) Police Department; (4) Administration; (5) Development and Redevelopment Department; (6) Reserved; (7) Sewer Department; and (8) Reserved. (B) Each department shall carry out the duties assigned to it by applicable state law, and duties and responsibilities assigned to it by the Town Council to effectively carry out the needs and services of the town. (’95 Code, § 2-70) (Ord. 95-3, passed 11-30-95; Am. Ord. 96-17, passed 4-18-96; Am. Ord. 97-44, passed 9-11-97; Am. Ord. 2007-18, passed 7-12-07)

§ 2-71 ORGANIZATIONAL CHART. The organizational chart for the various departments of the town will be created when the departments are created. [Organizational Chart is printed on the next page]

44 INSERT ORGANIZATIONAL CHART

45 (’95 Code, § 2-71) (Ord. 95-3, passed 11-30-95; Am. Ord. 96-17, passed 4-18-96; Am. Ord. 2013, passed 2-28-13)

§ 2-72 BARRIER-FREE ACCESS TO PUBLIC MEETINGS. (A) It shall be the policy of the town to hold all meetings, which are open to the general public, for all departments, in the Avon Community School Administration Building Conference Room. Any conflict in the scheduling of meetings shall be resolved by the ADA Coordinator. (B) It shall also be the policy of the town to keep all paths into the building free and clear of any and all obstacles including trash containers and equipment. (’95 Code, § 2-72) (Ord. 95-3, passed 11-30-95; Am. Ord. 96-17, passed 4-18-96)

46 ARTICLE 9: FIRE REGULATIONS

Section 2-76 Township to provide fire protection

§ 2-76 TOWNSHIP TO PROVIDE FIRE PROTECTION. Pursuant to I.C. 36-8-13-3 (b), the town elects to have Washington Township provide fire protection and emergency services to the town without contract. (’95 Code, § 2-72) (Ord. 95-3, passed 11-30-95; Am. Ord. 96-17, passed 4-18-96)

47 ARTICLE 10: PARKS AND RECREATION BEAUTIFICATION COUNCIL

Section 2-090 Administration of parks and recreation 2-091 Parks and Recreation Beautification Council 2-092 Appointment 2-093 Duties 2-094 Rules and meetings

§ 2-090 ADMINISTRATION OF PARKS AND RECREATION. The Avon Town Council shall serve as the “Park Authority” as defined by I.C. 36-10-5-2. The Town Council may establish, aid, maintain and operate public parks, playgrounds, and recreation facilities and programs. As the Park Authority, the Avon Town Council shall have all of the powers and duties prescribed by Indiana law. (Ord. 2009-29, passed 12-17-09)

§ 2-091 PARKS AND RECREATION BEAUTIFICATION COUNCIL. The Parks and Recreation Beautification Council shall advise the Avon Town Council, acting as the Park Authority, on matters as requested by the Town Council. (Ord. 2009-29, passed 12-17-09)

§ 2-092 APPOINTMENT.

The Avon Town Council shall appoint seven members of the Parks and Recreation Beautification Council. These members shall serve for two-year terms. These terms shall be staggered such that three members’ terms expire in one year and four members’ terms expire in the next year. At least four members shall be town residents. (Ord. 2009-29, passed 12-17-09; Am. Ord. 2014-03, passed 3-13-14)

48 § 2-093 DUTIES.

The Parks and Recreation Beautification Council shall advise the Avon Town Council on matters relating to the establishment assistance, maintenance and operation of public parks, playgrounds, and recreation facilities and programs. (Ord. 2009-29, passed 12-17-09)

§ 2-094 RULES AND MEETINGS. In order to discharge its duties, the Parks and Recreation Beautification Council shall meet regularly, at least once each calendar quarter. The Council shall meet each January in order to organize, elect officers, and conduct any other business. The Council may adopt rules of procedure to assist in the governance of the Council and the conduct of meetings. The Council shall keep minutes of its meetings. (Ord. 2009-29, passed 12-17-09)

49 ARTICLE 11: PUBLIC WORKS COMMITTEE

Section 2-100 Purpose 2-101 Duties 2-102 Appointment

§ 2-100 PURPOSE.

The Public Works Committee shall provide advisory recommendations to the Town Council pertaining to public works matters and policies including, but not limited to, traffic regulatory signs, street name signs, speed limits, stop signs, drainage, trees, snow removal, street sweeping, road maintenance, trash collection, street lights and roadside mowing. (Ord. 99-13, passed 8-26-99)

§ 2-101 ASSIGNMENT OF DUTIES. The Town council shall establish the specific duties to the Public Works Committee as needed. The Town Council may establish policies that delegate specific issues to the Public Works Committee for consideration and advisement. The Public Works Committee shall present recommendations to the Town Council. (Ord. 99-13, passed 8-26-99)

§ 2-102 APPOINTMENT.

The Public Works Committee shall consist of five members appointed by the Town Council. Members shall serve staggered two-year terms. Three of the first appointments shall serve Two-year terms, and two of the first appointments shall serve one-year terms. One member shall be a town employee. Upon the expiration of the one-year terms, the two new appointments shall serve two-year terms. The Town Council shall determine the beginning of the first appointments’ terms. (Ord. 99-13, passed 8-26-99; Am. Ord. 2000-5, passed 5-25-2000)

50 ARTICLE 12: REDEVELOPMENT COMMISSION

Section

2-135 Redevelopment Commission Established 2-136 Purpose 2-137 Organization 2-138 Terms of office; election of officers 2-139 Bond and oath Statutory reference: For provisions concerning the powers and duties of redevelopment commissions, see I.C. 36-7-14.

§ 2-135 REDEVEOPMENT COMMISSION ESTABLISHED. The Town Council herein establishes a Department of Redevelopment to be administered by the Avon Redevelopment Commission, pursuant to I.C. 36-7-14. (’95 Code, § 2-135) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-36, passed 8-28-97)

§ 2-136 PURPOSE. The purposes of the Department of Redevelopment are generally: (A) The planning, replanning, development and redevelopment of economic development areas; and (B) The clearing, replanning and redevelopment of blighted areas. (’95 Code, § 2-136) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-36, passed 8-28-97)

§ 2-137 ORGANIZATION. (A) The Redevelopment Commission shall consist of five members, appointed as follows: (1) Three members shall be appointed by the municipal executive; (2) Two members shall be appointed by the legislative body; and (3) Each commissioner must be at least 18 years of age and a resident of the town; and (B) Each commissioner may not have any pecuniary interest in any contract employment, purchase or sale made by the Commission in exercise of its powers.

51 (C) Non-voting adviser. The Town Council President shall also appoint one person to serve as a non- voting adviser to the Redevelopment Commission. This person must be either a School Board Member of Avon Community School Board Member of Avon Community School Corporation or an individual recommended by the Avon Community School Corporation. This adviser is not considered a member of the Commission but is entitled to attend and participate in the proceedings of all Commission meetings. The non-voting adviser is not entitled to a salary, per diem, or reimbursement of expenses. The adviser serves a term of two years and until a successor is appointed, and serves at the pleasurer of the Town Council President. (’95 Code, § 2-137) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-36, passed 8-28-97; Am. Ord. 2016-32, passed 9-22-16)

§ 2-138 TERMS OF OFFICE; ELECTION OF OFFICERS. The term of office on the Redevelopment Commission shall be as follows: (A) Each commissioner shall serve for one year from January 1, after his appointment and until his successor is appointed and has qualified, except that the original commissioners shall serve from the date of their appointment until January 1, in the second year after their appointment. If a vacancy occurs a successor shall be appointed in the same manner as the original commissioner, and the successor shall serve for the remainder of the faceted term. (B) A member may be summarily removed from this Commission by the appointing authority at any time. (C) A member may not receive a salary and no profit or money of the authority inures to the benefit of a member. (D) If a vacancy occurs, the appointing authority shall fill the vacancy by appointing a new member for the term vacated. (E) The Redevelopment Commission shall hold a meeting for the purpose or organization not later than 30 days after they are appointed and after that, on January 2, of each year. They shall choose one of their members as a president, another as a vice-president and another as a secretary. The terms of the officers run from the date of their election until their successors are appointed and qualified. (F) If a commissioner ceases to be qualified for his position for any reason, he forfeits his office. (’95 Code, § 2-138) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-36, passed 8-28-97)

§ 2-139 BOND AND OATH. (A) Each commissioner, before beginning his duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of his appointment, which shall be promptly filed with the Clerk-Treasurer. (B) Each commissioner, before beginning his duties, shall execute a bond payable to the state with surety to be approved by the executive of the unit. The bond must be in the penal sum of $15,000 and

52 conditioned on the faithful performance of the duties of this office. The bond will be paid by the special taxing district. (’95 Code, § 2-139) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-36, passed 8-28-97)

53 ARTICLE 13: ECONOMIC DEVELOPMENT COMMISSION

Section

2-160 Economic Development Commission 2-161 Membership 2-162 Qualification 2-163 Per diem allowance 2-164 Oath 2-165 Annual meeting 2-166 Officers 2-167 Rules, regulations and by-laws 2-168 Annual report

§ 2-160 ECONOMIC DEVELOPMENT COMMISSION. The Avon Department of Economic Development and the Avon Economic Development Commission, pursuant to the terms and provisions of I.C. 36-7-12-1 et seq., is created. (’95 Code, § 2-160) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

§ 2-161 MEMBERSHIP. (A) The Avon Economic Development Commission shall consist of a board of three members, and the members of the Avon Economic Development Commission shall be appointed as follows: (1) One of the members shall be selected by the President of the Town Council; (2) One of the members shall be nominated by the Hendricks County Council; and (3) One of the members shall be nominated by the Town Council. (B) The commissioners shall take office upon their term shall run the following number of years, from February 1, 1998. (1) The commissioner selected by the President of the Town Council three years; (2) The commissioner nominated by the Town Council two years; and (3) The commissioner nominated by the Hendricks County Council, one year. (’95 Code, § 2-161) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

§ 2-162 QUALIFICATION. No person shall be appointed as a commissioner to the Economic Development Commission who is not a resident of Hendricks County, Indiana. (’95 Code, § 2-162) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

54 § 2-163 PER DIEM ALLOWANCE. The commissioners shall receive no salaries, but shall be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties. Further, the Town Council may, if they deem it necessary, authorize a per diem allowance that members of the General Assembly of the state receive for each day the commissioner attends a meeting of the Commission. (’95 Code, § 2-163) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

§ 2-164 OATH. Each commissioner, before entering his duties, shall take and subscribe an oath of office, to be endorsed upon the certificate of his appointment, which oath of office and certificate of appointment shall be promptly filed with the Clerk-Treasurer. (’95 Code, § 2-164) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

§ 2-165 ANNUAL MEETING.

The Commission originally appointed shall meet within 30 days after its appointment at a time and place to be designated by the President of the Town Council for the purpose of organizing, and further, that the Commission shall meet to reorganize on June 21, 1997, and in February of each succeeding year thereafter. (’95 Code, § 2-165) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

§ 2-166 OFFICERS.

The Commission shall elect one of its members as a president, one of its members as a vice-president and one of its members as a secretary, and the officers shall serve from the date of their election until January 31, next following his election and until his successor is elected and qualified. (’95 Code, § 2-166) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

§ 2-167 RULES, REGULATIONS AND BY-LAWS. The Avon Economic Development Commission shall be authorized to adopt by-laws, rules and regulations as it may deem necessary. Regular or special meetings shall be held at a time as it may determine and upon notice as it may fix either by resolution or in accordance with the provisions of the by-laws, rules and regulations adopted. A majority of the Commission shall constitute a quorum, and the concurrence of a majority of the Commission at a meeting or unanimous consent signed by each commissioner shall be sufficient to authorize any action. (’95 Code, § 2-167) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

55 § 2-168 ANNUAL REPORT. The Avon Economic Development Commission shall file a report within 30 days of its initial meeting, and on each subsequent January 31, with the Town Council and with the Director of the Indiana Department of Commerce. The reports shall be in writing on a form prescribed by the Indiana Department of Commerce, and the report must contain all information required in that form. (’95 Code, § 2-168) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-33, passed 5-8-97)

56 ARTICLE 14: CIVIL DEFENSE

Section

2-174 Intent and purpose 2-175 Facilities available 2-176 Employee authority 2-177 Suspension of rules for emergency planning.

§ 2-174 INTENT AND PURPOSE.

It is the intent and purpose of the town to cooperate with the Hendricks County Civil Defense Advisory Committee, its duly constituted director and administrative assistants in all matters of civil defense within the terms and limitations of Chapter 268 of the Acts of 1951 of the Indiana General Assembly and all acts supplementary thereof. (’95 Code, § 2-174) (Ord. 95-3, passed 11-30-95)

§ 2-175 FACILITIES AVAILABLE. In the event of the occurrence of disasters or emergencies and upon notification of the Hendricks County Civil Defense Director, all facilities, equipment, vehicles, manpower and properties belonging to or under control of the corporation shall be made available for service and use under the direction of the Civil Defense Director for the duration of the occurrence or emergency, all under the specific terms and regulations as provided in Chapter 268 of the Acts of 1951 and all acts supplementary or amendatory thereof. (’95 Code, § 2-175) (Ord. 95-3, passed 11-30-95)

§ 2-176 EMPLOYEE AUTHORITY.

All representatives, department heads, supervisors or employees of this corporation being in charge of any equipment, machinery, vehicles and properties belonging to or under the control of this corporation are authorized and directed to make same available to the Civil Defense Director or the county upon his notification and demand therefor. (’95 Code, § 2-176) (Ord. 95-3, passed 11-30-95)

§ 2-177 SUSPENSION OF RULES FOR EMERGENCY PLANNING. The Town Council, may, by a majority vote, temporarily suspend ordinances, including provisions of the Town Code, the town’s zoning ordinance, and other rules of conduct and procedure governing the town, in order to accommodate disaster or emergency prepared ness education, training exercises and drills. Such suspension shall be as limited in nature and duration as necessary to promote and/or accommodate the particular emergency preparedness action prompting the suspension. (Ord. 2003-31, passed 11-13-03)

57 ARTICLE 15: PERSONNEL RULES AND REGULATIONS

Section

Division I: Introduction

2-180 Notice 2-181__2-234 Reserved

Division VIII: Salaries

2-235 Salary and wage rates 2-236 Maximum salary 2-237 Pay interval 2-238 Restrictions 2-238.1 Police and Fire Fighter Pension Fund 2-238.2 Pay Structure 2-238.3 Holidays and leave 2-239 Employee handbook acknowledgment

DIVISION 1: INTRODUCTION

§ 2-180 NOTICE. (A) The information contained in the employee handbook, which is attached as Appendix A to Ordinance 2014-14, is incorporated into the Town Code as if fully rewritten in this section. The contents of this handbook apply to all employees of the town except where expressly stated otherwise.

58 All statements contained in the handbook are general in nature. The handbook is not a contract of employment, and the Town Council reserves the right to make changes, additions or deletions to the handbook at any time. Nothing in the handbook should be construed as a promise or guarantee of employment. The town may terminate the employment of an employee, other than Merit Police Officers, at any time. Merit Police Officers are subject to Merit Commission rules and procedures regarding hiring, promotion, discipline and termination matters. (B) It is the intent of the town to fully comply with all state and federal laws, regulations, rules and orders. To the extent that any provision of the handbook conflicts with such a law, regulations, rule or order, the law, regulation, rule or order will control. (Ord. 2008-26, passed 10-6-08; Am Ord. 2014-14, passed 8-28-14; Am. Ord. 2015-25, passed 12-17-15)

59 DIVISION VIII: SALARIES

§ 2-235 SALARY AND WAGE RATES.

Salaried Employees Maximum Salary

Town Council President $11,000.00

Town Council Member $10,000.00

Town Judge $10,000.00

Clerk-Treasurer $58,709.79

Town Manager $93,519.31

Police Officers Actual Hourly Rate

Lieutenant $31.88

Sergeant $27.57

First Class Patrol Officer (2nd Year+) $24.76

Town Manager $21.64

Salaried Employees Maximum Salary (based on pay grade)

Police Chief $96,997.00

Assistant Chief of Police $77,509.00

Planning and Building Director $96,154.00

Building Commissioner $96,154.00

Public Works Director $120,192.00

Public Works Assistant Director $96,154.00

Director of Parks Operations $96,154.00

60 Hourly Employees Maximum

Building Inspector $27.51

Code Enforcement Officer $20.65

Planner $35.53

Assistant Planner $27.51

Deputy Clerk-Treasurer $31.26

*Court Administrator $27.51

Administrative Assistant 1 $18.1

Administrative Assistant 2 – Police $22.34

Administrative Assistant 2 – Administrative $20.65

Evidence Technician/Detective Aide $25.39

Parks Programmer: Part Time/Full Time $23.46

Horticulture/Landscape Manager $23.46

Parks Foreman $23.46

Groundskeeper $20.65

Seasonal Groundskeeper $12.39

Gatekeeper $9.00

Public Works Project Coordinator $23.46

*Court Administrator works a minimum of 34 hours per work week and is considered a full-time employee.

Boards and Commission

$50 per meeting Police Merit Board

$50 per meeting Board of Zoning Appeals

$100 per meeting Plan Commission

61

Clothing Allowance Amount

Police Officer $850.00

Specialty Pay

K-9 Officer (w/private housing of dog) $1.25 per hour, 1 hour of pay at normal hourly rate per day worked for dog care

Detective $1.50 per hour

Field Training Officer duty pay $1.50 per hour

Other pay

Call out pay for non-exempt full-time employees 1 hour of pay at normal hourly rate for the employee

**Annual HSA Contribution – prorated $1,500 – non-single

$750 – single

Health club membership reimbursement $10/month

**2 times per year – January through July – prorated and counted at time of hire

(A) Full-time town employees are entitled to fringe benefits as determined by the Town Council. These benefits include, but are not limited to health insurance, retirement benefits, holiday pay, FMLA pay and paid time off. Full-time employees are those employees who work 40 hours per week and the Court Administrator. Seasonal and part-time employees are not eligible for fringe benefits. (B) (1) As a general rule, new employees will be hired at rates that are within the lowers half of the pay grade structure (Attachment A to Ord. 2016-42). In cases where the qualifications of newly hired or newly promoted employees are less than those usually required in an assigned position, such employee may be paid below the minimum of the applicable range (but not less than 5% below minimum) while acquiring the necessary minimum qualifications for the job. This learning period will be limited to six months unless determined by the department head that additional time is required to obtain the necessary

62 minimum qualifications for the job. This learning period will be limited to six months unless determined by the department head that additional time is required to obtain the necessary qualifications. A department head must receive Council approval to hire an employee above $100% of the midpoint. (2) Department heads are responsible for ensuring that the salaries of their subordinates do not exceed the amount allotted in the annual budget (Attachment B to Ord. 2016-42) and any change in pay, besides the amount approved in the salary ordinance, or change in job classification that results in an increase in the pay of an employee requires approval by the Town Council. Vacancies must receive Council approval prior to advertising and filling the position. (Ord. 2000-17, passed 12-28-00; Am. Ord. 2001-25, passed 12-19-01; Am. Ord. 2002-01, passed 2-14- 02; Am. Ord. 2002-16, passed 12-12-02; Am. Ord. 2003-1, passed 1-9-03; Am. Ord. 2003-45, passed 12-11-03; Am. Ord. 2005-29, passed 6-9-05; Am. Ord. 2006-34, passed 12-20-06; Am. Ord. 2007-12, passed 5-10-07; Am. Ord. 2007-17, passed 6-28-07; Am. Ord. 2008-10, passed 6-12-08; Am. Ord. 2008- 15, passed 7-24-08; Am. Ord. 2008-29, passed 12-18-08; Am. Ord. 2009-32, passed 11-19-09; Am. Ord. 2010-24, passed 12-2-10; Am. Ord. 2011-20, passed 12-15-11; Am. Ord. 2012-25, passed 12-20-12; Am. Ord. 2013-13, passed 9-12-13; Am. Ord. 2013-18, passed 11-14-13; Am. Ord. 2013-21, passed 12- 19-13; Am. Ord. 2014-17, passed 8-14-14; Am. Ord. 2014-26, passed 12-18-24; Am. Ord. 2015-01, passed 2-12-15; Am. Ord. 2015-23, passed 12-17-15; Am. Ord. 2016-42, passed 12-15-16)

§ 2-236 MAXIMUM SALARY. Salaries are established herein as compensation, maximum or actual as specified, to be paid for the specified position, based on an estimated 40-hour work week except for the Court Administrator, Town Judge and Council Members. The Court Administrator’s salary is based on a 34-hour work week. Overtime compensation may require salary levels or hourly rate to be exceeded for non-FLSA exempt employees. (Ord. 2000-17, passed 12-28-00; Am. Ord. 2001-25, passed 12-19-01; Am. Ord. 2002-16, passed 12-12- 02; Am. Ord. 2009-32, passed 11-19-09; Am. Ord. 2010-24, passed 12-2-10; Am. Ord. 2011-20, passed 12-15-11; Am. Ord. 2012-25, passed 12-20-12; Am. Ord 2013-21, passed 12-19-13; Am. Ord. 2014-26, passed 12-18-14; Am. Ord. 2015-23, passed 12-17-15; Am. Ord. 2016-42, passed 12-15-16)

§ 2-237 PAY INTERVAL. Payment of salaries and wages established herein shall be made by the Clerk-Treasurer, as required by statute, on a bi-weekly basis with the exception of the Town Council members and Town Judge which will be paid monthly. Board and Commission members shall be compensated on a quarterly basis unless state statute provides otherwise. (Ord. 2000-17, passed 12-28-00; Am. Ord. 2009-32, passed 11-19-09; Am. Ord. 2010-24, passed 12-2- 10; Am. Ord. 2011-20, passed 12-15-11; Am. Ord. 2012-25, passed 12-20-12; Am. Ord. 2013-21, passed 12-19-13; Am. Ord. 2014-26, passed 12-18-14; Am. Ord. 2015-23, passed 12-17-15; Am. Ord. 2016-42, passed 12-15-16)

63 § 2-238 RESTRICTIONS.

The Salary and wage limitations indicated above shall not apply to employer contributions to insurance and retirement funds, overtime pay, longevity pay, business expense reimbursements, automobile and clothing allowances, and previously accrued vacation, sick time, compensatory time payoffs, and payments in lieu of health insurance. (Ord. 2000-17, passed 12-28-00; Am. Ord. 2009-32, passed 11-19-09; Am. Ord. 2010-24, passed 12-2- 10; Am. Ord. 2011-20, passed 12-15-11; Am. Ord. 2012-25, passed 12-20-12; Am. Ord. 2013-21, passed 12-19-13; Am. Ord. 2014-26, passed 12-18-14; Am. Ord. 2015-23, passed 12-17-15; Am. Ord. 2016-42, passed 12-15-16)

§ 2-238.1 POLICE AND FIRE FIGHTER PENSION FUND.

For the purposes of the 1977 Police and Fire Fighter Pension Fund, the First Class Patrolman (second year) pay rate is based on the hourly rate of $24.76. (Ord. 2013-21, passed 12-19-13; Am. Ord. 2014-26, passed 12-18-14; Am. Ord. 2016-42, passed 12-15- 16)

§ 2-238.2 PAY STRUCTURE. (A) Longevity pay. All full-time employees of the town shall receive $500 after five years of full- time employment for the town. This payment shall be made on the fifth anniversary of their hire date. For each additional year, each full-time employee of the town shall receive $500 plus an additional $100 for each year of employment after their initial five years of employment. This payment shall be made on the anniversary of their hire date and shall not exceed $2,000 per year. Employees that are rehired shall follow the longevity guideline established in the employee handbook. (B) Differential pay. The hourly rate for Avon Police Officer's shifts that begin at 12:00 p.m. or later shall include an additional $0.50 per hour. (C) Call out pay. Defined as a time when a nonexempt full-time employee is not scheduled to work and is contacted by his/her supervisor or other authorized town employee to have the employee arrive in Avon to perform work due to an emergency or other necessary occasion. Employee must arrive in Avon and report to his/her supervisor or other authorized town employee in order to qualify for call out pay. (Ord. 2009-32, passed 11-19-09; Am. Ord. 2010-24, passed 12-2-10; Am. Ord. 2011-20, passed 12-15- 11; Am. Ord. 2012-25, passed 12-20-12; Am. Ord. 2013-21, passed 12-19-13; Am. Ord. 2014-26, passed 12-18-14; Am. Ord. 2016-42, passed 12-15-16)

§ 2-238.3 HOLIDAYS AND LEAVE. (A) Employees may use their 12 holiday leave at any time during the year with supervisor approval. (1) This holiday leave will accrue as follows: (a) Two days on January 1; and

64 (b) One day on the first day of each month thereafter, beginning on February 1 and continuing through December 1. (2) If an employee’s employment is terminated by resignation, termination or other cause and if the employee has taken more holiday leave than has accrued on the effective date of the termination, the employee authorizes the town to withhold from the employee’s final paycheck the amount of overpayment resulting from the taking of holiday leave in excess of the accrued holiday leave. If the final paycheck is insufficient to cover the amount of overpayment, the employee will repay the overpayment within seven days of the employee’s receipt of notice from the Clerk-Treasurer of the amount due.

(B) Holidays must be used prior to the end of the year unless the holiday is in December, then they must be used within 60 days of the next calendar year. Employees working a revolving schedule who are not scheduled to work on a holiday earn a paid day off for the holiday; at their normal scheduled work day. (Ord. 2016-12; passed 12-15-2016)

65 § 2-239 EMPLOYEE HANDBOOK ACKNOWLEDGMENT. Town of Avon Employee Handbook Acknowledgment (PLEASE COMPLETE THIS FORM, REMOVE THIS PAGE AND RETURN IT TO THE TOWN MANAGER’S OFFICE) This Employee Handbook summarizes the Town of Avon’s policies, procedures, and benefits for its employees, elected officials, and members of boards, commissions, and committees. The Avon Police Department may also have additional policies outlined in the Standard Operating Procedure Manual. It is not intended to cover everything, nor is it a contract of employment. From time to time, changes may be needed and the Town of Avon reserves the right to make such changes and communicate those changes to employees. By signing below, I acknowledge that I have received a copy of the Town of Avon Employee Handbook, revised November 6, 2008. I agree that, as an employee, it is my responsibility to read this manual, to ask questions of my supervisor if I need additional information regarding items covered in this manual, and to abide by and observe any and all of the information, policies, and procedures explained in this manual. I also understand that the Town may periodically change policies, benefits and procedures and that I will be responsible to abide by and observe such changes. Civilian Employees ____ I have entered into my employment relationship with the Town of Avon voluntarily and acknowledge that there is no specific length of employment. Accordingly, either the Town of Avo or I can terminate the relationship at will, with or without cause, at any time, so long as there is no violation of applicable federal or state law. Police Officers ____ I have entered into my employment relationship with the Town of Avon voluntarily and acknowledge that the Police Merit Board is responsible for hiring, firing and disciplinary measures for Police Officers. The Police Chief and Assistant Police Chief serve at the discretion of the Council President. ______Employee Signature Date Signed ______Printed Name ______Department (Ord. 2008-26, passed 10-06-08)

66 ARTICLE 16: POLICIES OF THE TOWN

Section

2-250 Americans with Disabilities Act policy 2-251 Title VI of the Civil Rights Act of 1964 policy 2-252 Reserved 2-253 Bond policy and authorizing blanket bond and rime insurance 2-254 Internal control standards 2-255 Materiality policy 2-256 Conflicts of Interest Rule for Federally Supported Projects 2-257 Determination of Political Affiliation for Various Town Boards and Commissions 2-258 Registration of Underground Utility Excavation Contractors 2-259 Employee Drug Test Policy for Bidders on Certain Public Works Projects

§ 2-250 AMERICANS WITH DISABILITIES ACT POLICY. (A) Policy against discrimination. It is the policy of the town of the town that it will not discriminate against persons with disabilities in access to jobs, public accommodations, and government programs, public transportation and telecommunications; (B) Intention to comply with ADA. It is the policy of the town to comply with the Americans with Disabilities Act of 1990 (ADA). If a policy of the town and a provision of the ADA conflict, the ADA provision will be deemed to be the policy of the town and will be enforceable as if specifically written in this policy; (C) Importance of accessibility. The town recognizes that it is important for its facilities, programs and services to be available to all of its citizens and to the general public; (D) Transition plan. The town understands that some of its facilities, programs and services comply with ADA and that some may not now, or may not in the future, comply with the ADA because the standards of compliance have or will be revised, changed or added. In order to comply with the ADA, the Town Council has already developed an ADA Transition Plan which now guides future planning and implementation of accessibility improvements. The town is committed to implementing the transition plan as soon as possible, administratively, physically and financially. The town will, as it works toward reducing accessibility barriers within town-owned facilities, infrastructure, programming and services, be guided by public and/or employee requests and its initial or revised prioritization of the transition plan items. The town will strive to include annual budget appropriations to remove accessibility barriers such that its facilities, programs and services will be accessible as is reasonably possible. (E) Alternate access. To the extent the town cannot provide access to its facilities, programs and services, it will provide alternate means for the same opportunities to persons with disabilities; (F) Notice of rights. The town has and will continue to disseminate sufficient information to applicants, participants, beneficiaries, and other interested persons to inform them of their rights and protections afforded by the ADA and the regulations promulgated thereunder;

67 (G) ADA Coordinator. The town has designated the ADA Coordinator, and he or she is responsible for the development and implementation of the ADA transition plan and for overall compliance with the ADA;

(H) Accommodation requests and grievance procedures. The town has established procedures for requests for accommodation, issued annual reports regarding implementation of the transition plan, requests for reasonable accommodation and grievances, and adopted and implemented a grievance procedure, all as required by the ADA. The grievance procedure was established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the town. (1) The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date and description of the problem. Alternative complaints, such as personal interviews, or tape recordings of the complaint, will be made available for persons with disabilities upon request. (2) The complaint should be submitted by the grievant or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation: Title VI Grievance Coordinator Town of Avon, Town Hall 6570 E US Highway 36 Avon, IN 46123 (317) 272-0948

(3) Within 15 calendar days after receipt of the complaint, the Title VI Grievance Coordinator or his or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Title VI Grievance Coordinator or his or her designee will respond in writing and where appropriate in a format accessible to the complainant. The responsible will explain the position of the town and offer options for substantive resolution of the complaint. (4) If the response of Title VI Grievance Coordinator or his or her designee does not satisfactory resolve the issue, the complainant or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Avon Town Council. (5) Within 15 calendar days after receipt of the appeal, the Avon Town Council will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after that meeting, the Avon Town Council will respond in writing and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. (6) All written complaints received by Title VI Grievance Coordinator or his or her designee, appeals to the Avon Town Council and responses from these two offices will be retained by the town for at least three years.

68 (I) Other power-driven mobility devices. It is the policy of the town that other power-driven mobility devices (OPDMD) are allowed on town roads and in town-owned facilities to the same extent as members of the public are allowed. (1) Definition of OPDMD. Other power-driven mobility device is any mobility device powered by battery, fuel or other engines that is used by an individual with a disability for the purpose of locomotion, including but not limited to golf cars, electric scooters, electronic personal assistance mobility devices, such as Segway®, or any mobility device designed to operate in areas without defined pedestrian routes. (2) OPDMDs authorized. OPDMDs are allowed in all areas where members of the public are allowed, unless a particular OPDMD cannot be accommodated because of legitimate safety requirements. (3) Alternate accommodation. If OPDMDs are not allowed in certain areas because of legitimate safety requirements, the town will provide alternative service if possible. (4) No exclusion from town toads. OPDMDs will not be excluded from town roads because of legitimate safety requirements or any other reason Ch. 6, Art. 12, OR ANY OTHER REASON. Ch. 6, Art. 12, §§ 8-120, 8-167, and 8-206 of the town codes will not be construed to exclude OPDMDs from town roads. (Ord. 2015-21, passed 12-3-15)

§ 2-251 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 POLICY. (A) Policy against discrimination. It is the policy of the town that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance; (B) Intention to comply with Title VI of the Civil Rights Act of 1964. It is the policy of the Town to comply with Title VI of the Civil Rights Act of 1964. If a policy of the town and a provision of Title VI of the Civil Rights Act of 1964 conflict, the Title VI provision will be deemed to be the policy of the town and will be enforceable as if specifically written in this policy; (C) Importance of equal treatment. The town recognizes that it is important to expel all racial discrimination and to ensure that public funds are not spent in a way which encourages, subsidizes, or results in racial discrimination; (D) Notice of rights. The town has and will continue to disseminate sufficient information to applicants, participants, beneficiaries, and other interested persons to inform them of their rights and protections afforded by Title VI of the Civil Rights Act of 1964; (E) Grievance procedure. The town has adopted and implemented a grievance procedure was established to meet the requirements of Title VI of the Civil Rights Act of 1964. It may be used by anyone who wishes to file a complaint alleging the town discriminated on the basis of race, color, or national origin regarding the exclusion from participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving Federal financial assistance.

69 (1) The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date and description of the problem.

(2) The complaint should be submitted by the grievant or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Title VI Grievance Coordinator Town of Avon, Town Hall 6570 E US Highway 36 Avon, IN 46123 (317) 272-0948

(3) Within 15 calendar days after receipt of the complaint the Title VI Grievance Coordinator or his or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Title VI Grievance Coordinator or his or her designee will respond in writing and where appropriate in a form at accessible to the complainant. The response will explain the position of the town and offer options for substantive resolution of the complaint. (4) If the response of Title VI Grievance Coordinator or his or her designee does not satisfactory resolve the issue, the complainant or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Avon Town Council. (5) Within 15 calendar days after receipt of the appeal, the Avon Town Council will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after that meeting, the Avon Town Council will respond in writing and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. (6) All written complaints received by Title VI Grievance Coordinator or his or her designee, appeals to the Avon Town Council and responses from these two offices will be retained by the town for at least three years.

(7) The Town has adopted, as an addendum to this policy Language Identification Flashcards. (Ord. 2015-20, passed 12-3-15; Am Ord. 2019-4, passed 3-14-19)

§ 2-254 INTERNAL CONTROL STANDARDS. (A) Policy for internal controls. The town adopts as policy the internal control standard as set forth by the Indiana State Board of Accounts Uniform Internal Control Standards for Indiana Political Subdivisions manual as expressly written and published by the Indiana State Board of Accounts in September 2015, as amended from time to time. (B) Oversight Committee. In order to implement these standards, there is established an Internal Control Standards Oversight Committee. This Committee will consist of a Town Council member selected by the Town Council, the Clerk-Treasurer, Town Manager, Police Chief, Public Works

70 Director, Director of Planning and Building, and Town Attorney. This Committee will develop policies and procedures to implement the internal control standards and train employees regarding these standards.

(C) Compliance required. All officers, elected officials and employees are required to comply with the policy. Employees who fail to comply with this policy are subject to discipline, including but not limited to termination of their employment. (Ord. 2016-11, passed 3-24-16)

§ 2-255 MATERIALITY POLICY. The following is the town’s policy regarding accounting variances, losses, shortages, or thefts of cash or other assets: (A) Reporting to Clerk-Treasurer. Any irregular variances, loses, shortages, or thefts of cash or other assets shall be immediately reported to the Clerk-Treasurer. (B) Procedure. Upon receipt of a report of an irregular variance, loss, shortage, or theft, the Clerk- Treasurer must: (1) Log all reports into a spreadsheet that is permanently maintained by the town; (2) Confirm the dollar amount of the variance, loss, shortage, or theft; (3) Evaluate the report against the established dollar thresholds. Upon receipt of a report of a variance, loss, shortage, or theft of cash which exceeds $0, the Clerk-Treasurer must report the incident to the State Board of Accounts and Town Council. Upon receipt of a report of a variance, loss, shortage, or theft of any other (non-cash) asset which exceed $0, the Clerk-Treasurer must report the incident to the State Board of Accounts and to the Town Council. (4) Investigate the cause of any variance, loss, shortage, or theft and document all findings; (5) Document and implement corrective actions or internal control procedures to correct the causes of the variance, loss, shortage, or theft; and (6) Maintain copies of all relevant documentation, resolution of incidents, and any report to the State Board of Accounts in a centralized folder.

(C) Public Officials. All public officials who have actual knowledge of, or reasonable cause to believe, there has been a misappropriation of public funds must immediately send written notice of the misappropriation to the State Board of Accounts and the prosecuting attorney pursuant to I.C. 5-11-1- 27(I). (Ord. 2016-09, passed 3-24-16)

§ 2-256 CONFLICTS OF INTEREST RULE FOR FEDERALLY SUPPORTED PROJECTS.

71 (A) Applicability. This conflict of interest rule applies to the selection of consultants for projects supported by federal transportation funds and award or administration of a contracts supported federal transportation funds. (B) Definitions. For purposes of this policy, the following definitions apply: 1. The term “consultant” means the individual or firm providing engineering or design related services as a party to a contract with the Town of Avon under which the Town will receive federal transportation funds; 2. The term “contract” means a written procurement contract or agreement between the Town of Avon and a consultant which provides for reimbursement under a Federal Highway (FAHP) grant or subgrant. This term includes but is not limited to any procurement subcontract under a contract. 3. The term “engineering and design related services means: a. program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural services with respect to a highway construction project subject to 23 U.S.C. 112(a) as defined in 23 U.S.C. 112(b)(2)(A); and b. professional services of an architectural or engineering nature, as defined by Indiana law, which are required to or may logically or justifiably be performed or approved by a person licensed, registered or certified to provide the services with respect to a highway construction project subject to 23 U.S.C, 112(a) and as defined in 40 U.S.C. 1102(2). (C) General Prohibition. Officials and employees will not participate in the selection of a consultant, the award of a contract, or the administration of a contract if the official or employee has a conflict of interest. An official or employee has a conflict of interest if: 1. he/she or his/her partner, or a family member is employed by or about to be employed by a consultant being considered for selection, award or administration of the project; 2. he/she has a personal relationship that affects his/her judgment in selection, award, administration, or performance evaluation activities; 3. he/she has shared information with any prospective consultant or any person that may result in a competitive advantage to a particular firm or firms; 4. he/she has solicited or accepted a gift, favor or anything of monetary value from any consultant, potential consultants or parties to any sub agreements for the project, and the gift, favor or thing of monetary value exceeds $25 per day.

72 Prior to participating in any selection of a consultant, the award of a contract or the administration of a contract, the official or employee must certify to the Town Council that no conflict of interest exists. (D) Prohibition of Solicitation or Acceptance of Certain Gifts: No officer or employee may solicit or accept a gift, favor or anything of monetary value from any consultant, potential consultant or parties to any sub agreements, unless the gift, favor or thing of monetary value is $25 or less per day. For purposes of this policy, the dollar value of $25 per day or less is not substantial and may be accepted and solicited. (E) Exemption. This policy does not prohibit or restrict contributions made to a political committee formed to support an elected official or candidate for elected office. (F) Intent. It is the intent of the Town Council to comply with all applicable provisions of the rules and regulations promulgated by the Federal Highway Administration and the Indiana Department of Transportation regarding conflict of interest rules for local governments. This policy should be read and construed to comply with these regulations. If any portion of this policy conflicts with the regulations of the Federal Highway Administration or Indiana Department of Transportation, the conflicting provision of this policy should be treated as being invalid.

§ 2-257 DETERMINATION OF POLITICAL AFFILIATION FOR VARIOUS TOWN BOARDS AND COMMISSIONS (A) Whenever the Town of Avon appoints a person to a Town board, commission, office, committee, or other group of the Town (collectively “boards”), and that appointment, by law, is conditioned upon the political affiliation of the appointee, or that the membership of a board cannot exceed a stated number of members from the same political party, at the time of an appointment, the political affiliation of the person is determined by: (1) The person’s vote in the most recent primary election in Indiana held by the party with which the appointee claims affiliation; or (2) If the appointee has never voted in a primary election in Indiana, the appointee is certified as a member of that party by the party's county chairman for the county in which the appointee resides. (B) If a certification by a county chairman of a political party is required under subsection (2), the certification must be filed with the circuit court clerk not later than the time the appointee's oath of office is filed with the clerk under Ind. Code § 5-4-1. If the county chairman's certification is not filed with the circuit court clerk's office, the appointment is void. (C) If the term of an appointed member of a board expires and the appointing authority of the Town does not make an appointment to fill the vacancy, both of the following apply: (1) The member may continue to serve on the board for 90 days after the expiration date of the member's term.

73 The county chairman of the political party of the member whose term has expired shall make the appointment. (Ord 2018-04, passed 3-8-18)

§ 2-258 REGISTRATION OF UNDERGROUND UTILITY EXCAVATION CONTRACTORS (A) This section applies to a contractor who is required to provide the secretary of state, when submitting a business entity filing under Indiana Code 23-0.5, a statement that the contractor’s business entity and its employees will comply with the excavating and digging laws as defined by Indiana Code 8-1-26. (B) Before entering into a contract with a Town utility, a contractor described in section (A) must provide, to Director of Public Works, documentation that the contractor’s business entity properly submitted, to the secretary of state, its certification that it and its employees will comply with Indiana Code 8-1-26.

(C)The Town will compile and retain a list of the contractors operating under contract with a Town utility, as the Town utility may be requested to provide this list to the Indiana Utility Regulatory Commission (“IURC”) or the pipeline safety division as established by the IURC. (Ord. 2018-23, passed 12-20-18)

§ 2-259 CONTRACTOR’S EMPLOYEE DRUG TESTING PROGRAM REQUIRED (A) Applicability. This section applies to all public work projects estimated, by the Town, to cost at least $150,000.00. (B) Contractor Employee Drug Testing Program. Each contractor that submits a bid for a public works project in the amount of $150,000 or more is required to submit, with that bid, a written plan for a program to test the contractor’s employees for drugs. The plan shall be incompliance with Indiana Code § 4-13-18. The plan must be submitted to the Director of Public Works by email or a physical copy may be mailed to the Public Works Department. This plan must be submitted by the time set for receipt of proposal bids. (C) If the contractor fails to comply with the requirements of section (B) or if the Town determines that the contractor’s employee drug testing program has not been in effect or has not been applied at the time the contractor submitted the bid, then the contractor shall not be eligible to be awarded the public works contract under this section. (Ord 2018-26, passed 12-20-18)

74

ARTICLE 17: BENEFITS RELATED TO PERSONNEL

Section

Division 1: Reserved

Division 11: Miscellaneous Benefits

2-265 Retirement benefits 2-266 Police officer and fire fighter involvement in PERF

DIVISION I: RESERVED

DIVISION II: MISCELLANEOUS BENEFITS

§ 2-265 RETIREMENT BENEFITS. (A) The town elects to participate in a 457 (p) Deferred Compensation Plan for public employees. (B) The town agrees to make an annual monetary contribution to each employee’s 457(p) Deferred Compensation Plan in an amount to be determined by the Town Council. (C) Employees are not required to make an annual contribution to their Plan. (D) The following are declared to be covered by the Deferred Compensation Plan: Classifications or positions include the Clerk-Treasurer and full-time town employees, not including sworn police officers. (’95 Code, § 2-265) (Ord. 95-3, passed 11-30-95; Am. Ord. 2005-41, passed 10-13-05)

§ 2-266 POLICE OFFICER AND FIRE FIGHTER INVOLVEMENT IN PERF. (A) The town elects to become a participating unit in the 1977 Police and Fire Fighters’ Pension Acts of 1955, Chapter 329, designated as “The Indiana Public Employee’s Social Security and Disability Fund, as established by P.L. No. 9, (Special Session, 1977), and all acts amendatory thereof and supplemental thereto.

75

(B) The town agrees to make the required contributions to PERF. (C) The following are declared to be covered by the 1977 Fund: All full-time police officers presently employed by the town who have met the minimum medical standards of the 1977 Fund and all subsequent employees hired as full-time police officers for the Avon Police Department. (D) This section establishes a retirement fund for the employees declared in subsection © above and supersedes any other resolution for a retirement system now in effect for the employees. (Res. 99-6, passed 4-8-99)

76 ARTICLE 18: FINANCE AND FUNDS

Section

Division I: Specific Funds

2-271 LOIT special Distribution Fund 2-272 Cumulative Capital Development Fund 2-273 Law Enforcement Continued Education Fund 2-274 Local Road and Street Fund (LRS) 2-275 Reserved 2-276 Promotional account 2-277 Motor Vehicle Highway Fund (MVH) 2-278 Build Indiana Thoroughfare Construction Fund 2-279 Economic Development Commission Gift Fund 2-280 Economic Development Commission Gift Fund 2-281 Clerk’s Record Perpetuation Fund 2-282 Criminal Investigation Fund 2-283 Police Grant Fund 2-284 Rainy Day Fund 2-285 New Development Public Infrastructure Improvement Contribution Fund 2-286 Agency Fund 2-287 Child Safety and Awareness Program Fund

77 2-288 Employee Flexible Spending Account Fund 2-289 Food and Beverage Receipts Fund

Division II: Investment Policy 2-290 Prudence 2-291 Objectives 2-292 Authorized investments Division III: Donation Policy 2-300 Purpose of donation policy 2-301 Procedure for accepting donations 2-302 Donation Fund 2-303 Donations and receipts 2-304 Purpose of Fund 2-305 Retention of funds 2-306 Policy regarding improper offers 2-307 Reserved 2-308 Designated depositories Division IV: Capital Asset Policy 2-309 Established Division V: Environmental Issues Funds

2-310 Fund established 2-311 Donation and receipts into Fund 2-312 Purpose of Fund 2-313 Retention of Fund Division VI: Miscellaneous Funds Established

3-316 Miscellaneous funds continued

78 2-317 Cash Change Fund 2-318 Park and Recreation Capital Improvement Fund 2-319 Christmas Light Fund 2-320 Police Department Cash Change Fund and Petty 2-321 Fund for Employee Share of Retirement 2-322 Tree Mitigation Fund 2-323 Town Ordinance Violation Deferral Fund 2-324 Avon Avenue Fund Division VII: Claim Payment in Advance of Council Allowance 2-325 Expenses permitted to be paid in advance 2-326 Itemized claim required 2-327 Role of Council

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DIVISION I: SPECIFIC FUNDS

§ 2-271 LOIT SPECIAL DISTRIBUTION FUND. Fund 257-LOIT Special Distribution Fund is hereby established as follows: (A) Source of restricted funds. The source of use is the 2016 LOIT Special Distribution from the state; (B) Use of funds. Monies in this fund may be used only for the following: (1) Engineering, land acquisition, construction, resurfacing, maintenance, restoration, or rehabilitation of both local and arterial road and street systems. (2) The payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfare projects: (3) Any local costs required to undertake a recreational or reservoir project under I.C. 8-23-5; (4) The purchase, rental, or repair of highway equipment; (5) Providing a match for a grant from the local road and bridge matching grant fund under I.C. 8-23-30; and (6) Capital projects of a Board of Aviation Commissioners established under I.C. 8-22-2 or an airport authority under I.C. 8-22-3-1; and (C) Non-reverting Fund. This fund is a non-reverting fund. (Ord. 2016-22, passed 6-9-16)

§ 2-272 CUMULATIVE CAPITAL DEVELOPMENT FUND. (A) Cumulative Capital Development Fund re-establishment. The Town Council hereby re- establishes the CCD Fund pursuant to IC 6-1.1-41, to be used for the purposes allowed and set forth in I.C. 36-9-16-2 and 36-9-16-3. (B) Increase in tax rate. The Town Council hereby levies a property tax to provide hinds to the CCD Fund. The property tax levy will not exceed $.05 on each $100 of assessed valuation. This tax rate will be levied beginning with taxes assessed for 2020 and payable in 2021. (C) DLGF approval. The Town Council directs that proofs of publication of the notice to affected taxpayers and the Town Council’s public hearing held on March 12, 2020, and a certified copy of this section, be timely submitted to the Indiana Department of Local Government Finance as provided by

80 I.C. 6-1.1-41-4 as the town’s proposal for re-establishing the CCD Fund and imposing the tax levy by the town to be approved by the Department of Local Government Finance. (D) Repeal of Conflicting Ordinances. The provisions of all other Town ordinances in conflict with the provisions hereto, if any, are of no further force of effect and are hereby repealed. (E) Duration and Effective Date. The provisions of this Ordinance shall become effective immediately and remain in full force and effect until repealed by ordinance.

(’95 Code, § 2-272) (Ord. 95-3, passed 11-30-95; Am. Ord. 96-34, passed 8-1-96; Am. Ord. 98-28, passed 7-30-98; Am. Ord. 2012-14, passed 7-26-12; Am. Ord. 2014-11, passed 6-26-14; Am. Ord. 2015- 11, passed 6-25-15; Am. Ord. 2016-23, passed 7-14-16; Am Ord. 2019-03, passed 3-28-19; Am Ord. 2020-03, passed 3-12-2020)

§ 2-273 LAW ENFORCEMENT CONTINUING EDUCATION FUND. (A) A Law Enforcement Continuing Education Fund is established for the Avon Police Department under I.C. 35-47-2-3, 5-2-8-2 and 5-2-8-6. (B) The source of funds which are to be deposited into this fund are the application fees collected for licenses to carry handguns under I.C. 35-47-2-3. (C) This fund is to be used by the Avon Police Department for the purposes set out under the above statutes for training under. I.C. 5-2-8-2 and for the other purposes set out in I.C. 5-2-8-6. (D) The rules of proper accounting and expenditure of money collected and deposited into the Fund shall be those established by the State Board of Accounts. (’95 Code, § 2-273) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-14, passed 3-13-97)

§ 2-274 LOCAL ROAD AND STREED FUND (LRS). The Local Road and Street Fund (LRS) is established for the purpose of receiving applicable State funds and for expenditures permitted by statute. (’95 Code, § 2-274) (Ord. 95-3, passed 11-30-95)

§ 2-275. RESERVED.

§ 2-276 PROMOTIONAL ACCOUNT. (A) The Avon Promotion Fund is established. The Town Council is authorized to budget and appropriate funds to pay the expenses incurred in promoting the betterment of the municipality. (B) Expenditures from this fund may include, but are not necessarily limited to the following:

81 (1) Membership dues 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 operations; (2) Direct expenses for travel, meals and lodging in conjunction with municipal business or meetings or organizations to which the municipality belongs;

(3) Expenses incurred in the promotion of economic or industrial development for the municipality, including meeting room rental, decorations, meals and travel; (4) Commemorative plagues, certificates or objects such as commemorative keys; (5) Other purposes which are deemed by the Town Council to directly relate to promotion to betterment of Avon; or (6) No expenses shall be allowed from this fund without prior authorization and approval of the President of the Town Council. Claims for expenses under this section shall be allowed as prescribed by law. (’95 Code, § 2-273) (Ord. 95-3, passed 11-30-95)

§ 2-277 MOTOR VEHICLE HIGHWAY FUND (MVH). The Motor Vehicle Highway Fund (MVH) is established for the purposes of receiving applicable state funds and for the expenditures permitted by statute. (’95 Code, § 2-273) (Ord. 95-3, passed 11-30-95)

§ 2-278 BUILD INDIANA THOROUGHFARE CONSTRUCTION FUND. (A) There is established a construction fund account to be designated as the Build Indiana Thoroughfare Construction Fund. (B) Hoosier Lottery Build Indiana Funds shall be receipted into the fund and distributed according to the procedures outlined herein. (C) Money collected pursuant to this section shall be expended without appropriation, and upon approval of properly submitted claims, for the purpose of construction of the Avon Thoroughfare. (D) Money in the Build Indiana Thoroughfare Construction Fund shall be kept in an account in a place and manner as directed by the Clerk-Treasurer. (’95 Code, § 2-273) (Ord. 95-3, passed 11-30-95)

§ 2-279 ECONOMIC DEVELOPMENT COMMISSION GIFT FUND.

(A) There is a need to establish a fund for use by the Economic Development Commission for improvements to the town.

82 (B) Proceeds received are to be used exclusively for the Economic Development and growth in the town. (C) Disbursement of these funds will be the responsibility of the Economic Development Commission to be used for projects deemed to be necessary for the improvement, and to the advantage of the town.

(D) This Gift Fund is established and dedicated for use as directed by the Economic Development Commission. (’95 Code, § 2-273) (Ord. 95-3, passed 11-30-95)

§ 2-280 POLICE INCIDENT REPORT ACCOUNT. (A) The following fees are authorized to be charged by the Police Department for copy fees and other fees unless Indiana law provides otherwise: ITEM FEE Photographs $0,30 per photograph Video Tape (not LER) $5.00 Audio tape $5.00 per audio tape Incident Report $0.10 per page Accident Report $10.00 per report Reports over 50 pages $0.04 per page Finger prints $5.00 per card Vehicle Identification Check $5.00 Criminal History Check $7.00 Other copying $0.10 per page Vehicle Release Fee $25.00 per release certification Vehicle Storage Fee $20.00 per day CD or DVD copy (not LER) $2 per CD or DVD Law Enforcement Recordings $150 per copy [As defined by Indiana Code 5-14-3-2(k)] .

(B) These fees shall be deposited as follows: (1) Policy Incident Report Fund: All fees charged for photographs, video tapes, audio tape, compact discs, digital video discs, incident reports, reports over 50 pages,

83 fingerprints, criminal history check, and other copying shall be deposited into the Police Incident Report Fund. These funds shall be used to pay for supplies, charges, services, and equipment used to provide these services. The Police Incident Report Fund is a non-reverting fund.

(2) Local Law Enforcement Continuing Education Fund. All fees charged for accident reports and vehicle identification checks shall be deposited into the Local Law Enforcement Continuing Education Fund. These funds shall be used for education and training of law enforcement officers as provided by Indiana law. The Local law Enforcement Continuing Education Fund is a non-reverting fund.

(3) Vehicle Release and Storage Fees: All fees charged for vehicle releases and vehicle storage shall be deposited into the Town General Fund. These funds shall be used for any lawful purpose.

(4) Law Enforcement Recording Copy Fee Fund. All fees for copies of law enforcement recordings will be deposited into the Law Enforcement Recording Fee Fund. These funds will be used to pay the costs of the recordings, the labor necessary to administer the management, storage and retrieval of such recordings, the equipment necessary to comply with the legal requirements of the law, and other costs associated with providing these copies. These funds may be used without appropriation. This is a non-reverting fund. (’95 Code, § 2-280) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-15, passed 3-13-97; Am. Ord. 2015-7, passed 5-14-15; Am. Ord. 2016-31, passed 8-25-16; Am. Ord. 2018-16, passed 6-26-18)

§ 2-281 CLERK’S RECORD PERPETUATION FUND. (A) An account to be designated as the Clerk’s Record Perpetuation Fund is established. In this fund shall be deposited monies collected by the Town Court Clerk pursuant to the following authority and procedure: (1) The defendant in each civil, criminal, infraction or ordinance violation case shall pay a two- dollar document storage fee.

(2) When a defendant fails to pay any court costs, fees fines or civil penalties in arising out of a criminal, infraction or ordinance violation case within the time period provided by the court or its rules, a late payment fee of $25 shall be imposed. (3) When a defendant fails to notify the Town Court of his or her intention to either pay the charges assessed in a citation or to contest the citation brought against him or her, or when a defendant fails to pay the charges assessed in a citation, the citation shall be sent to the Indiana Bureau of Motor Vehicles for the purpose of suspending the defendant’s driver’s license. When the charges assessed in the citation are paid, a form shall be sent to the Bureau of Motor Vehicles, by either mail or facsimile transmission, to reinstate the defendant’s driver’s license. The Town Court Clerk shall charge a fee of $5 for all such transmissions to the Bureau of Motor Vehicles for the purpose of reinstating driver’s

84 licenses after payment of charges have been made. The Town Court Clerk shall remit these fees to the Town Clerk Treasurer on a monthly basis. (B) The Clerk’s Record Perpetuation Fund may only be expended, after appropriation, for court record keeping improvements and equipment. All expenditures from the Clerk’s Record Perpetuation Fund shall be processed, appropriated, claimed and allowed in the same manner as other claims of the town. (C) This section shall take effect on November 30, 1995 following its publication after adoption as by law provided. (’95 Code, § 2-281) (Ord. 95-3, passed 11-30-95; Am. Ord. 2001-17, passed 9-20-01)

§ 2-282 CRIMINAL INVESTIGATION FUND. (A) Creation; administration. There is created a Criminal Investigation Fund to be held, administered and expended by the Chief of Police of the Avon Police Department without appropriation in accordance with, the provisions, limitations and conditions of this article. The monies deposited in the Criminal Investigation Fund shall not be commingled with nor shall they be a part of the General Funds of the town. (B) Source of funds. The source of funds to be deposited int eh Criminal Investigation Fund shall be both funds imposed by the Safety Board and funds from the sale of seized property. The Safety Board shall specify the authority and limitations to be placed on the Fund. The authority and limitation may, but shall not be limited to the following: (1) The dollar amount of law enforcement expenditures which may be made without prior approval of the Safety Board; (2) Fidelity bond requirements; (3) Depository or depositories of the Criminal Investigation Fund; (4) Types and amounts of interest-bearing and/or non-interest-bearing investments; and

(5) Reporting requirements by the Chief of Police on the dollars received and expenditures made from the Criminal Investigation Fund, which reports must be made at least annually.

(C) No reversion of monies to the General Fund. There shall be no reversion of the Criminal Investigation Fund or any monies paid into the Criminal Investigation Fund to the General Fund of the town. Funds from the sale of seized property may accumulate in the Criminal Investigation Fund. The Criminal Investigation Fund is to be used exclusively for law enforcement purposes, but is not intended to supplement the normal law enforcement resources of the town budgeted for basic operational expenses of the Police Department. (’95 Code, § 2-282) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-15, passed 3-13-97; Am. Ord. 98-18, passed 4-23-98)

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§ 2-283 POLICE GRANT FUND. (A) Unless the terms of a particular grant require differently, all monies received from grants to the Avon Police Department shall be deposited in the Police Grant Fund. (B) Monies deposited in the Police Grant Fund shall be used in accordance with the terms of the grants from which the monies were derived. (C) Monies from the Police Grant Fund shall be disbursed by the Clerk=Treasurer upon the Town Council’s approval of a proper claim for the disbursement. (D) Monies in the Police Grant Fund shall not revert to other funds, unless the Fund is terminated. If the Police Grant Fund is terminated, any monies in this Fund shall be transferred to the town’s General Fund. (Ord. 2001-1A, passed 12-13-01)

§ 2-284 RAINY DAY FUND. (A) Unencumbered balances of monies, raised by a general or special tax levy on property, remaining in any town fund in the last 10 days of any calendar year may be transferred by the Clerk- Treasurer to the Rainy-Day Fund. (B) Monies deposited in the Rainy-Day Fund shall be used as approved and appropriated by the Town Council. Before making an appropriation from the Fund, the Town Council shall make a finding that the proposed use of the monies to be appropriated is consistent with the intent of the Fund. (C) Monies from the Rainy Day Fund shall be disbursed by the Clerk-Treasurer upon the Town Council’s approval of a proper claim for the disbursement. (D) Monies in the Rainy Day Fund shall not revert to other funds, unless the Fund is terminated. If the Rainy Day Fund is terminated, any monies in this fund are to be transferred to the fund from which they came to the Rainy Day Fund. (Ord. 2001-22, passed 12-13-01)

§ 2-285 NEW DEVELOPMENT PUBLIC INFRASTRUCTURE IMPROVEMENT CONTRIBUTION FUND. (A) All financial contributions made to the town by developers, or attributable to a particular development, for purpose of paying for public infrastructure projects, be deposited into the New Development Public Infrastructure Improvement Contribution Fund. (B) Monies deposited into the New Development Public Infrastructure Improvement Contribution Fund shall be used to pay for public infrastructure improvement projects in accordance with the written terms of the contributions, provided those terms have been accepted by the Town Council.

86 (C) Monies from the New Development public Infrastructure Improvement Contribution Fund shall be disbursed by the Clerk-Treasurer upon the Town Council’s approval of a proper claim for the disbursement. (D) Monies in the New Development Public Infrastructure Improvement Contribution Fund shall not revert to other funds, unless the Fund is terminated. (Ord. 2003-02, passed 1-23-03)

§ 2-286 AGENCY FUND. (A) There is hereby established an Agency Fund for the accounting of fees collected by the Town Court on behalf of other entities and the disbursement of such fees to the appropriate entities, as required by Indiana statutes. (B) The source of revenue deposited into the fund shall be the fees collected by the Town Court under I.C. §§ 33-19-5-1 through 33-19-5-3 which must be distributed to other entities. (C) Monies deposited into the Fund shall be used only for the payment or distribution of the fees collected to the appropriate entities. (D) The Fund shall be perpetual in nature; however, should the Fund be terminated for any lawful reason, any balance in the Fund shall be3 distributed to the entities for which the funds were collected. Should it not be possible to distribute the funds to those entities, the balance shall be transferred to the town’s General Fund. (Ord. 2003-03, passed 5-8-03)

§ 2-287 CHILD SAFETY AND AWARENESS PROGRAM FUND. (A) Unless the terms of a particular donation require differently, all monies received from donations for child safety shall be deposited in the Child Safety and Awareness Program Fund. (B) Monies deposited in the Child Safety and Awareness Program Fund shall be used in accordance with the terms of the donation from which the monies were derived.

(C) Monies from the Child Safety and Awareness Program Fund shall be disbursed by the Clerk- Treasurer upon the Town Council’s approval of a proper claim for the disbursement. (D) Monies in the Child Safety and Awareness Program Fund shall not revert to other funds, unless the fund is terminated. If the Child Safety and Awareness Fund is terminated, any monies in this fund shall be transferred to the Town’s General Fund. (Ord. 2014-132, passed 5-27-04)

§ 2-288 EMPLOYEE FLEXIBLE SPENDING ACCOUNT FUND.

87 (A) There is hereby established an agency fund, known as the “Employee Flexible Spending Account Fund,” for the accounting of funds deposited by employees into flexible spending accounts under the terms and conditions of the town’s medical plan. (B) The source of revenue deposited into this fund consists of monies deposited by employees participating in the flexible spending plan. The Clerk-Treasurer shall account for all deposits made by employees into their flexible spending accounts and for all funds disbursed from said accounts. (C) All funds deposited into this fund shall be used in accordance with the rules, regulations and procedures of the flexible spending plan which is part of the town’s medical plan. (D) Monies in in the fund may be disbursed by automatic funds transfer. (E) The fund shall be perpetual in nature; however, should the fund terminate for any lawful reason, any balance in said fund shall be disbursed to the fund from which said monies originated or to the town’s general fund. (Ord. 2006-14, passed 3-10-05)

§ 2-289 FOOD AND BEVERAGE RECEIPTS FUNDS. (A) (1) Pursuant to the authority granted to the Town Council of the town by the General Assembly of the State of Indiana, pursuant to I.C. 6-9-27-1 through 6-9-27-10, as emended, there is hereby adopted a Town of Avon Food and Beverage Tax to be imposed, except as provided in division (A)(3), upon any transaction in which food or beverage is furnished, prepared or served: (a) For consumption at a location, or on equipment provided by a retail merchant; (b) In the town in which the tax is imposed; and (c) By a retail merchant for consideration. (2) Transactions described in division (A)(1)(a) include transactions in which food or beverage is: (a) Served by a retail merchant off the merchant’s premises;

(b) Sold by a retail merchant that ordinarily bags, wraps or packages the food or beverage for immediate consumption on or near the retail merchant’s premises, including food or beverage sold on a “take out” or “to go” basis; or (c) Sold by a street vendor. (3) The Food and Beverage Tax does not apply to the furnishing, preparing or serving of food or beverage in a transaction that is exempt, or to the extent the transaction is exempt, from the state gross retail tax imposed by I.C. 6-2-5. (4) The Food and Beverage Tax imposed on a food or beverage transaction described in divisions (A)(1) through (A)(3) equals 1% of the gross retail income received by the merchant from the

88 transaction. For purposes of this section, the gross retail income received by the retail merchant from a transaction does not include the amount of tax imposed on the transaction under I.C. 6-2-5 et seq. (B) The tax imposed under this section shall be imposed, paid and collected in the same manner that the State Gross Retail Tax is imposed, paid and collected under I.C. 6-2-5 et seq. However, the return to be filed with the payment of the tax imposed under this section may be on a separate return or may be combined with the return filed for the payment of the State Gross Retail Tax, as prescribed by the Department of State Revenue. (C) The amounts received from the tax imposed under this section shall be paid monthly by the Treasurer of the state to the Clerk-Treasurer of the Town of Avon upon warrants issued by the Auditor of the State of Indiana. (D) (1) The Clerk-Treasurer of the town shall establish a Food and Beverage Receipts Fund (“the Fund”). (2) The Clerk-Treasurer of the town shall deposit in the Fund all amounts received under this section. (3) Any money earned from the investment of the money in the Fund becomes a part of the Fund. (4) Except as set forth in division (D)(5) below, the Clerk-Treasurer of the town shall apply the monies held in the Fund, as directed by the Town Council, for the financing, construction, operation or maintenance of the following: (a) Sanitary sewers or wastewater treatment facilities; (b) Linear parks are park facilities. A linear park system is defined as the public open space along designated roadways and any waterway. Dan Jones Road and Ronald Regan Parkway are designated as linear parks and part of the linear park trail systems in town. (c) Drainage of flood control facilities; and (d) Water treatment, storage or distribution facilities. (5) The Town Council may pledge money in the Fund to pay bonds issued, loans obtained and lease payments of other obligations incurred by or on behalf of the town or a special taxing district in the town to provide the facilities described in division (D)(4). This subsection applies only to bonds, loans, lease payments or obligations that are issued, obtained or incurred after the date on which the tax is imposed under division (B) of this section. A pledge of money in the Fund for the financing, construction, operation or maintenance of any of the facilities is an enforceable pledge under I.C. 5-1- 14-4. (Ord. 2005-27, passed 5-26-05; Am. Ord. 2009-23, passed 10-8-09; Am. Ord. 2013-08, passed 7-25-13)

DIVISION II: INVESTMENT POLICY § 2-290 PRUDENCE.

89 (A) The investments of the town shall be made with the judgement and care, under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. (B) The standard of prudence to be used by the Clerk-Treasurer shall be the prudent person standard and shall be applied in the context of managing the overall investment. (Res. 99-7, passed 6-24-99) Penalty, see § 1-99

§ 2-291 OBJECTIVES. The primary objectives, in priority order, of the town’s investment activities, shall be the following: (A) Safety. Safety of principal is the foremost objective of the investment program. Investments of the town’s funds shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. (B) Liquidity. The Town’s investments will remain sufficiently liquid to enable the town to meet all operating requirements which might be reasonably anticipated. (C) Local institutions. Local institutions shall be given preference when they are, in the judge of the Clerk-Treasurer, to be competitive with other institutions. (Res. 99-7, passed 6-24-99) Penalty see § 1-99

§ 2-292 AUTHORIZED INVESTMENTS. Under the guidelines set forth in §§ 2-290 through 2-292, the Clerk-Treasurer is authorized to invest the funds of the town in accordance with the provisions of I.C. Chapter 5-13-9, including any subsequent amendments, revisions, or recodifications. (Res. 9-7, passed 6-24-99) Penalty see § 1-99

DIVISION III: DONATION POLICY

§ 2-300 PURPOSE OF DONATION POLICY. The purpose of this policy is: (A) To encourage donations of money and property which benefit the town; (B) To protect the town from improper, conditional or controversial gifts which may adversely affect the town.

90 (C) To provide for a procedure for acceptance or rejection of offers of donations. (D) To provide for the proper accounting for the receipt and appropriation of the donation. (E) To ensure public access to information regarding such donations in a manner consistent with Indiana Law. (F) To promote public confidence in the donation procedure. (Ord. 2004-05, passed 3-25-04)

§ 2-301 PROCEDURE FOR ACCEPTING DONATIONS. The procedure for acceptance or rejection of donations is as follows: (A) Offers. When an offer for a donation is made to any officer, employee or agent of the town, the person receiving the offer shall report the offer to the Town Manager. (B) Investigations. The Town Manager shall gather sufficient information regarding the offer in order to form an opinion regarding the condition of any property offered, the conditions placed upon the offer, the donor’s wishes or requirements concerning publicity of the donation, the nature and extent of any business or applications the donor has pending or is likely to have pending before the town or one of its agencies or boards, the donor’s reasons for making the donation, and any other information relevant to the determination of whether to accept or reject the offer. (C) Recommendation by Town Manager. After the investigation, the Town Manager shall report his or her findings to the Town Council and recommend to accept, accept with modifications, or reject the offer. The recommendation shall be in writing and shall include all relevant information gathered from the investigation. (D) Acceptance or rejection by Town Council. The Town Council shall consider the report and recommendation of the Town Manager and decide whether to accept, accept with modifications, or reject the offer. In making its decisions, the Town Council may consider whether the acceptance of the offer is in the best interests of the town and its citizens. All decisions shall be in the form of a resolution which states the findings of the Town Council which support its decision. (E) Small gifts. For offers of cash, or its equivalent, of less than $500 or property having a fair market value of less than $500, the Town Manager may accept or reject the offer after conducting his or her investigation. The Town Manager may also refer such offers to the Town Council for decision. In the event the Town Manager makes a decision with regard to any such small gifts, he or she shall report all such decisions to the Town Council. (F) Conditional offers. In the event that the offers are made which are conditioned upon some event or commitment on the part of the town, the Town Council and Town Manager shall consider whether the acceptance of such conditional offer is in the best interest of the town or whether the nature of the condition imposes an undue burden upon the town and its citizens.

91 (G) Discretion. The decision to accept or reject an offer of a donation is discretionary. Neither the Town Council nor the Town Manager has a duty to accept or reject any offer. The Town Council or Town Manager may accept or reject an offer for any reason. (H) Anonymous donations. Donors wishing to remain anonymous must disclose their identity to the Town Manager and the Town Council so that the offer may be evaluated properly. However, if the donor has conditioned the donation upon the town refraining from disclosing the identity of the donor to the public, all officers, employees and agents of the town shall take all necessary measures to ensure the anonymity of the donor. The Town Manager shall take reasonable steps to protect the identity of such donors, and such donors shall be protected from public disclosure as provided for by law. (I) Execution of documents. If the town is required to execute grant applications, donation agreements, or other binding documents in order to receive an accepted gift, the Town Council may authorize the Town Manager to execute such documents on behalf of the town. (Ord. 2004-05, passed 3-25-04)

§ 2-302 DONATION FUND. There is established a donation fund account to be designated as the Town of Avon Donation Fund. (Ord. 2004-05, passed 3-25-04)

§ 2-303 DONATIONS AND RECEIPTS. Donations which are accepted and receipted into the Fund shall be accounted for a distributed according to the procedures outlined herein. (Ord. 2004-05, passed 3-25-04)

§ 2-304 PURPOSE OF FUND. Donations of cash or its equivalent which are accepted by the town shall be deposited into a separate account to be known as the Donation Fund. These funds may be expended for their accepted purpose. If the donor does not condition the acceptance of the donation for use for a particular purpose, the funds may be expended at the discretion of the Town Council or its designee, without appropriation, for any purpose which benefits the town or its citizens. (Ord. 2004-05, passed 3-5-04)

§ 2-305 RETENTION OF FUNDS. Money in the Donation Fund shall be kept in an account in a place and manner as directed by the Clerk-Treasurer (Ord. 2004-05, passed 3-5-04)

§ 2-306 POLICY REGARDING IMPROPER OFFERS.

92 It shall be the policy of the town that offers of donations which are conditioned upon a favorable decision of the Town Council, or one of its agencies or boards, are improper and should not be accepted. Such offers, often referred to as quid pro quo donations, amount to an attempt to improperly influence the town government by giving the appearance that decisions are made by the town, at least in part, based upon factors which are not germane to the issue or decision before the Council, agency or board. Provided, however, offers, commitments and agreements made by developers or landowners to mitigate the impact of development on the public services of the town, to enhance open space, public thoroughfares, or promote other interests of the town shall not be construed as offers of donations. (Ord. 2004-05, passed 3-25-04)

§ 2-307 RESERVED.

§ 2-308 DESIGNATED DEPOSITORIES. (A) The following institutions are hereby approved as depositories of public funds for the Town of Avon: (1) First Merchants Bank; (2) Huntington Bank; (3) Citizens Bank; and (4) Fifth Third Bank. (B) The Clerk-Treasurer may deposit public funds into accounts in any of these depositories. (Ord. 2005-13, passed 3-10-05: Am. Ord. 2011-17, passed 12-15-11)

93 DIVISION IV: CAPITAL ASSET POLICY

§ 2-309 ESTABLISHMENT. A Capital Asset Policy has been established for the Town of Avon and is hereby adopted by reference as if fully set out herein (Res. 2004-04, passed 1-22-04)

DIVISION V: ENVIRONMENTAL ISSUES FUNDS

§ 2-310 FUND ESTABLISHED.

There is established an environmental fund account to be designated as the Town of Avon Environmental Issues Fund. (’95 Code, § 2-310) (Ord. 95-3, passed 11-30-95)

§ 2-311 DONATIONS AND RECEIPTS INTO FUND. Donations may be accepted and receipted into the Fund and distributed according to the procedures outlined herein. (’95 Code, § 2-181) (Ord. 95-3, passed 11-30-95)

§ 2-312 PURPOSE OF FUND. Money collected pursuant to this division shall be deposited in a separate account to be known as the Environmental Issues Fund and may thereafter be expanded at the discretion of the Town Council, or their designee, without appropriation, for any purpose reasonably related to environmental issues within the town. (’95 Code, § 2-312) (Ord. 95-3, passed 11-30-95)

§ 2-313 RETENTION OF FUNDS. Money in the Environmental Issues Fund shall be kept in an account in a place and manner as directed by the Clerk-Treasurer. (’95 Code, § 2-313) (Ord. 95-3, passed 11-30-95)

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DIVISION VI: MISCELLANEOUS FUNDS ESTABLISHED § 2-316 MISCELLANEOUS FUNDS CONTINUED. The following funds are established. Each shall be funded and operated in accordance with all statutory requirements: (A) Cumulative Capital Improvement Fund; (Cigarette Taxes – I.C. 36-9-16-1 et seq.) (B) Cumulative Capital Development Fund; (C) Payroll; (D) General Fund; and (E) Park Fund. (’95 Code, § 2-236) (Ord. 95-3, passed 11-30-95

§ 2-317 CASH CHANGE FUND. (A) The office of the Clerk-Treasurer receives money for payment of traffic and other violations. (B) A need for cash exists for the purpose of making change. (C) The establishment of the Cash Change Fund is allowed under IC. 36-1-8-2. (D) The Clerk-Treasurer is allowed a petty cash change fund in the amount of $50 for the sole purpose of making change. (’95 Code, § 2-317) (Ord. 95-3, passed 11-30-95)

§ 2-318 PARK AND RECREATION CAPITAL IMPROVEMENT FUND. (A) Establishment of Fund. There is established, pursuant to I.C. 36-10-3-22, a special non- reverting capital fund to be designated the Avon Park and Recreation Capital Improvement Fund. (B) Purpose of Fund. The purpose of The Avon Park and Recreation Capital Improvement Fund is to allow for depositing the fees or donations in the Avon Park and Recreation Capital Improvement Fund for the purpose of future land acquisition or specific capital improvements as may be deemed necessary by the Board for future Purchase of park properties, improvement or expansion of the Avon Parks Department. (C) Fees and donations established. Fees may be established and collected by the Park and Recreation Board for particular special events held on future park property as the Board may deem necessary for a specific event. Private organizations who hold their event on future park property and

95 who charge admission for an event shall donate a portion of those charges to The Avon Park and Recreation Capital Improvement Fund. (D) Collection and expenditure of fees and donations. Fees and donations collected pursuant to this ordinance shall be deposited in a separate account to be known as The Avon Park and Recreation Capital Improvement Fund Account and may thereafter be expended, with appropriation, at the discretion of the Park and Recreation Board for any department purpose reasonably related to land acquisition or specific capital improvements to existing land or facility under the Board’s direct supervision. (E) Retention of funds. Money in the Avon Park and Recreation Capital Improvement Fund Account shall be kept I an account in a place and manner as directed by the Clerk-Treasurer and a semi-annual report shall be made to the Park and Recreation Board of account balances and interest accrued. (’95 Code, § 2-318) (Ord. 95-3, passed 11-30-95)

§ 2-319 CHRISTMAS LIGHT FUND. (A) There is established a Christmas Light Fund for the upkeep and replacement of Christmas lights in the town. (B) It is further ordained that expenditures from the Christmas Light Fund may be spent without appropriation. Also, any donations for Christmas lights or decorations shall be deposited into this Fund. (’95 Code, § 2-319) (Ord. 95-3, passed 11-30-95)

§ 2-320 POLICE DEPARTMENT CASH CHANGE FUND AND PETTY CASH FUND. Pursuant to I.C. 36-1-8-2 and I.C. 36-18-3, there is established for the Avon Police Department a Cash Change Fund and a Petty Cash Fund. (A) Pursuant to I.C. 36-1-8-2, a warrant shall issue from the General Fund in the amount of $100 for the Cash Change Fund. The fund shall be established in the control of the Chief of Police and shall pursuant to statute be used for making change for the collection of cash revenues from the various sources that the Police Department is required to collect fees and funds from. Appropriate documentation as required shall be kept showing the amount and source of each receipt and the same shall be reported and delivered to the appropriate recipient from time to time as required by law. (B) Pursuant to I.C. 36-1-8-3, a warrant shall issue from the General Fund in the amount of $100 for the Petty Cash Fund. The fund shall be established in the control of the Chief of Police and shall pursuant to statute be used for making purchases of small or emergency items. All documentation required by law to support the purchases will be maintained and from time to time the Chief of Police shall file a voucher with the original receipts attached to it, so that the fund may be replenished. Reimbursement shall be in the same manner as required for all expenditures of the town.

96 (C) Upon the end of employment for the Chief of Police all of the above funds will be accounted for and surrendered to the town. A new fund will then be established for a subsequent Chief of Police upon assuming his or her responsibilities. (’95 Code, § 2-320) (Ord. 95-3, passed 11-30-95; Am. Ord. 97-15, passed 3-27-97)

§ 2-321 EMPLOYEE SHARE OF RETIREMENT. (A) There is hereby established an agency fund for the accounting of the employee’s share of retirement and disbursement of said share to the appropriate state agency. (B) The source of revenue deposited into the fund shall be the employee’s share of pension contributions withheld per the appropriate pension program administered by the state. (C) Monies deposited into the fund shall be used only for the payment of the employee’s share of pension contributions withheld to the appropriate pension program administered by the state. (D) The fund shall be perpetual in nature; however, should the fund terminate for any lawful reason, any balance in said fund shall be distributed to the employees participating in said retirement plan as deemed appropriate by the Clerk-Treasurer. Should it not be possible to distribute said funds to the employees, the balance shall be transferred to the town’s General Fund. (Ord. 2000-20, passed 12-28-00)

§ 2-322 TREE MITIGATION FUND. (A) Unless the terms of a particular donation required differently, all monies received from donations shall be deposited in the Tree Mitigation Fund. (B) Monies deposited in the Tree Mitigation Fund shall be used in accordance with the term of the donation from which the monies were derived. (C) Monies from the Tree Mitigation Fund shall be disbursed by the Clerk-Treasurer upon the Town Council’s approval of a proper claim for the disbursement. (D) Monies in the Tree Mitigation Fund shall not revert to other funds, unless the fund is terminated. If the Tree Mitigation Fund is terminated, any monies in this Fund shall be transferred to the town’s General Fund. (Ord. 2004-30, passed 12-21-04)

§ 2-323 TOWN ORDINANCE VIOLATION DEFERRAL FUND. (A) There is hereby established the Town Ordinance Violation Deferral Fund. The purpose of this fund is to collect user fees from the town’s deferral program and use these fees to sustain the deferral program, the Town Count, and the Police Department’s crime prevention and ordinance violation enforcement efforts.

97 (B) The source of revenues for this fund shall be fees paid by participants in the town’s ordinance violation deferral program. (C) Monies in the Fund shall be used as follows: (1) Fifty percent of the funds deposited shall be used by the Avon Town Court to maintain the deferral program, including but not limited to the payment of the costs of personnel, supplies, equipment and other expenses; and (2) Fifty percent of the funds deposited shall be used by the Avon Police Department to maintain the deferral program, including but not limited to the payment of costs of personnel, supplies, equipment and other expenses, to fund training, personnel or equipment needs, or to support other programs related to crime prevention, law enforcement and any other use allowed by I.C. 33-37-8-4. (D) This is a non-reverting fund. Monies remaining in the Fund at the end of the year shall not revert to the town’s General Fund.

§ 2-324 AVON AVENUE FUND. (A) All funds received from the State of Indiana or Hendricks County as part of the relinquishment agreement with the state and the county shall be deposited in the Avon Avenue Fund. (B) The purpose of the Avon Avenue Fund shall be for the construction of a bridge on Avon Avenue over the railroad tracks along with other necessary improvements on Avon Avenue and for the maintenance and operation of Avon Avenue and for the repaving or reconstruction of roads that may be used as a detour route during the closure of Avon Avenue. (Ord. 2014-21, passed 9-25-14)

DIVISION VII: CLAIM PAYMENT IN ADVANCE OF COUNCIL ALLOWANCE § 2-325 EXPENSES PERMITTED TO BE PAID IN ADVANCE. The Avon Clerk-Treasurer may make claim payments in advance of the allowance by the Avon Town Council for the following kinds of expenses: (A) Property or services purchased or leased from the United States Government, its agencies or its political subdivisions; (B) License or permit fees; (C) Insurance premiums; (D) Utility payments 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 or state funds authorized by statute;

98 (G) Maintenance or service agreements; (H) Lease or rental agreements; (I) Bond or coupon payments; (J) Payroll; (K) State, federal or county taxes; (L) Fuel expenses; (M) Expenses that must be paid because of emergency circumstances; and (N) Expenses described in an ordinance.

(’95 Code, § 2-325) (Ord. 95-3, passed 11-30-95; Am. Ord. 2009-12, passed 5-28-09; Am. Ord. 2015- 09, passed 6-11-15; Am Ord 2017-12, passed 6-22-17) Statutory reference: For provisions concerning the procedure for payment of claims in advance, see I.C. 36-5-4-1

§ 2-326 ITEMIZED CLAIM REQUIRED.

Each payment of the above expenses must be supported by a fully itemized claim. (’95 Code, § 2-326) (Ord. 95-3, passed 11-30-95)

§ 2-327 ROLE OF COUNCIL The Avon Town Council shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense (’95 Code, § 2-327) (Ord. 95-3, passed 11-30-95)

99

ARTICLE 19: TOWN MEMBERSHIPS AND AGREEMENTS

Section

2-335 Town memberships authorized 2-336 Interlocal government agreements 2-337 Minimum standards for town contracts

§ 2-335 TOWN MEMBERSHIPS AUTHORIZED. (A) The Town Council is authorized to budget and appropriate funds from the General Fund or from other funds to provide membership for the town and the elected and appointed officials and members of the municipality’s boards, council, departments or agencies in local, regional, state and national associations of a civic, educational, nature, which have as their purpose the betterment and improvement of municipal operations. (B) The Town Council is further authorized to budget and appropriate funds to pay the expenses of duly authorized representatives to attend the meetings and functions of organizations to which the municipality belongs. (’95 Code, § 2-335) (Ord. 95-3, passed 11-30-95)

§ 2-336 INTERLOCAL GOVERNMENT AGREEMENTS. The town is authorized, pursuant to I.C. 36-1-7-1 through I.C. 36-1-7-12, as it may be amended from time to time, to enter into joint agreements for the purchase or exchange of property and services with other governmental bodies through appropriate ordinance or resolution of Town Council. (’95 Code, § 2-336) (Ord. 95-3, passed 11-30-95)

§ 2-337 MINIMUM STANDARDS FOR TOWN CONTRACTS. (A) Applicability. For all contracts in which the town is a party and the payment for services or goods exceeds $5,000, the minimum standards provided for in division (B) of this section shall apply. (B) Minimum standards. All contracts described in division (A) of this section shall provide for the following minimum standards: (1) Attorney’s fees and litigation expenses: if the other party breaches the agreement, the town shall be entitled to collect from the other party reasonable attorney’s fees, court cots, and litigation expenses incurred by the town as a result of the breach;

100 (2) No interest: the town will not pay interest for late payments; (3) Payments: payments will be made to the other party only after the proper claim form and supporting documents are provided to the Clerk-Treasurer and approved by the Town Council. No payment shall be due in less than 60 days after the proper claims and supporting documents are submitted to the Clerk-Treasurer; (4) Indemnification: the other party shall indemnify the town and hold it harmless from any liability for claims or damages caused by the other party in the performance of the contract; (5) Damages: the other party will be legally liable for any and all damages suffered by the town as a result of the other party’s breach; (6) Availability of public funds: The availability of public funds shall be a condition to all contracts; and (7) Instruments of service: if any contract requires the other party to prepare drawings, plans, designs, blueprints, layouts, templates, guides, prototypes, models, or any instruments of service, the town must be the owner of the instruments of service. (Ord. 2009-16, passed 7-9-09)

101 ARTICLE 20: AGENCIES AND OTHER ENTITIES Section Division I: Council of Neighborhoods

2-351 Purpose 2-352 Representation 2-353 Selection of representatives 2-354 Civic association 2-355 Board of Directors 2-356 Neighborhoods defined

Division II: Purchasing Agency

2-360 Purchasing agency designated 2-361 Powers and duties 2-362 Administration 2-363 Purchasing rules 2-364 Borrowing procedures 2-365 Procedure for Soliciting Quotes for Public Works Projects

DIVISION I: COUNCIL OF NEIGHBORHOODS § 2-351 PURPOSE. The Council of Neighborhoods shall meet on a regular basis with representatives from the town to identify, discuss and address issues facing the town. (Ord. 99-3, passed 2-25-99)

§ 2-352 REPRESENTATION. The Council of Neighborhoods will be comprised of representatives from each neighborhood within the town.

102 (Ord. 99-3, passed 2-25-99) § 2-353 SELECTION OF REPRESENTATIVES. (A) Each neighborhood homeowner’s association or civic association shall select a representative for the Council of Neighborhoods. Each neighborhood association may determine the means of selecting the representative. (B) Selection of a representative shall be certified by a notary public. (C) Representatives shall be selected yearly at the beginning of the calendar year. (Ord. 99-3, passed 2-25-99) § 2-354 CIVIC ASSOCIATION. (A) Neighborhoods without a homeowner’s association may create a civic association with the same rights of representation on the Council of Neighborhoods. (B) Civic associations may be created by obtaining signatures from 50% of the homeowners within the neighborhood. (Ord. 99-3, passed 2-25-99)

§ 2-355 BOARD OF DIRECTORS. The Council of Neighborhoods may elect a president, vice-president, secretary and treasurer. (Ord. 99-3, passed 2-25-99)

§ 2-356 NEIGHBORHOODS DEFINED. (A) For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning. NEIGHBORHOOD. One of the following: (1) An area consisting of many streets that have been platted and recorded through the town or county with a common subdivision name. (2) A single street that is not within an area that has been platted and recorded through the town or county with a common subdivision name. (3) Many adjacent streets that are not within area that has been platted and recorded through the town or county with a common subdivision name. (B) The following areas are recognized as neighborhoods for representation on the Council of Neighborhoods. (1) County Road 625 East between town boundaries; (2) State Road 267 between town boundaries;

103 (3) County Road 100 South between town boundaries; and (4) County Road 800 East between town boundaries including Old Dan Jones Road and homes along 100 North between State Road 267 and County Road 800 East. (Ord. 99-3, passed 2-25-99)

DIVISION II: PURCHASING AGENCY § 2-360 PURCHASING AGENCY DESIGNATED. The Town Council shall serve as the purchasing agency for the town. (Ord. 98-21, passed 6-25-98)

§ 2-361 POWERS AND DUTIES. (A) The Town Council, as the town’s purchasing agency, shall have all the powers and duties authorized under I.C. 5-22, as may be supplemented from time to time by ordinances and policies adopted by the Town Council. (B) The Town Council shall act as the purchasing agency for every agency, board, office, branch, bureau, commission, council, department or other establishment of the Town of Avon. (Ord. 98-21, passed 6-25-98)

§ 2-362 ADMINISTRATION. The Town Council designates the Avon Clerk-Treasurer, Court Administrator, Planning Director, Police chief, Public Works Director and Town Manager as purchasing agents for the town subject to any and all limitations on their authority as established by statute or established policy or procedure of the town. (Ord. 98-21, passed 6-25-98; Am. Ord. 2015-06, passed 4-23-15)

§ 2-363 PURCHASING RULES.

(A) (1) Subject to the policies and procedures of the town, purchasing agents may purchase supplies with an estimated cost of less than $25,000 on the open market without inviting or receiving quotes. Purchasing agents are encouraged to consider businesses located in Avon for such purchases. (2) Expenditure requests shall conform to the following lines of approval:

Up to $5,000 Department heads may approve Up to $10,000 Town Manager may approve

104 Up to $15,000 Town Manager and Town Council President may approve in emergency Situations

(B) The provisions of I.C. 5-23, public-private agreements are adopted for by the town. (C) The following are the required purchasing rules for Indiana. Supplies manufactured in the United States shall be specified for all town purchases and shall be purchased unless the Town Council determines that: (1) The supplies are not manufactured in the United States in reasonably available quantities; (2) The prices of the supplies manufactured int eh United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured elsewhere; (3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or (4) The purchase of supplies manufactured in the United States is not in the public interest.

(5) Prohibited Technology Purchases.

(a) As used in this section, “prohibited person” refers to a person that has been designated as posing a national security threat to the integrity of communications networks or the communications supply chain. Pursuant to 47 CFR 54.9, prohibited persons are designated by the Public Safety and Homeland Security Bureau (PSHSB).

(b) Money appropriated by the Town of Avon may not be granted to or used to purchase or obtain equipment or services produced or provided by a prohibited person. A prohibited person cannot be considered responsible or best for purposes of determining whether a bidder or offeror is responsible or best when awarding public works contracts or any other contract with the Town of Avon.

(Ord. 98-21, passed 6-25-98; Am. Ord. 2008-09, passed 8-14-08; Am. Ord. 2015-06, passed 4-23-15: Am Ord. 2020-06)

§ 2-364 BORROWING PROCEDURE. (A) The town has the power to borrow money to provide financing for the operating and capital costs of the town until the time as these costs may be paid by the taxes levied and collected in accordance with the budgetary process under the laws of the state. The power to borrow money is granted upon the town in accordance with I.C. 36-1-4-9. (B) The Town Council must authorize the borrowing by an ordinance: (1) Stating that notes of the town will be issued to evidence the borrowing;

105 (2) Stating the price at which the notes will be sold and whether the notes will be sold by private negotiation or by competitive sale in accordance with I.C. 5-1-11; (3) Stating the time the notes are payable; (4) Stating the place the notes are payable; (5) Stating the maximum rate of interest on the notes, which rate of interest may be a variable rate;

(6) Stating whether interest on the notes will be capitalized; and (7) Stating the anticipated revenues on which the notes are based and out of which they are payable. (C) This section may also contain covenants of the town as the attorneys for the town shall deem advisable. (Ord. 96-6, passed 1-25-96)

§ 2-365 PROCEDURE FOR REQUESTING AND RECEIVING QUOTES FOR CERTAIN PUBLIC WORKS PROJECTS.

(D) Applicability. This section applies to all public work projects estimated, by the Town, to cost less than $50,000. This procedure does not apply for resurfacing of a road, street, or bridge unless the weight or volume of material in the project is capable of accurate measurement and verification and the specifications define the geographic point at which the project begins and ends.

(E) Procedure. The Avon Town Council will invite quotes from at least three persons known to deal in the class of work proposed to be done by either of the following methods:

(1) Mail. The Town Council may mail notice inviting quotes and stating the plans and specifications on file in the Public Works Department. This notice will be mailed at least seven days before the time fixed for receiving quotes. Persons mailed this notice are not required to submit a quote before the Town Council meeting at which the quotes are to be received and opened.

(2) Telephone or Electronically. The Town Council may solicit quotes by telephone, facsimile transmission, or electronic mail. The seven-day waiting period required under section (B)(1) does not apply to quotes solicited under this section.

(F) Opening and Reading Quotes. All quotes received pursuant to this policy will be opened publicly and read aloud at the time and place designated in the solicitation for quotes. The Town Council will announce the person who submitted each quote and the amount of each quote.

(G) Awarding of Contract. The Town Council will award the contract for the public work project to the lowest responsible and responsive quoter.

106 (H) Rejection of Quotes. The Town Council may reject all quotes submitted. If the Town Council rejects all quotes, the Town Council may negotiate and enter into agreements for the work in the open market without inviting or receiving quotes if the Town Council establishes in writing the reasons for rejecting the quotes.

(Ord 2018-25, passed 12-20-18)

ARTICLE 21. ACCESS TO PUBLIC RECORDS ACT

§ 2-370 PROHIBITION ON USE OF PUBLIC RECORDS FOR COMMERCIAL PURPOSES (A) Use Prohibition. Any person, corporation, limited liability company, limited liability partnership, partnership, unincorporated association or other entity receiving public records or information, pursuant to a request made under Indiana Code 5-14-3-3(d), may not use the records or information for commercial purposes. For purposes of this section, the term ‘commercial purposes’ means using the record or information to sell, loan, give away or otherwise deliver the record for information obtained by a public records request to any other person, corporation, limited liability company, limited liability partnership, partnership, unincorporated association or other entity for these purposes. (B) Exemption. This prohibition does not apply to records or information used in connection with the preparation or publication of news, used for nonprofit activities, or used in academic research. (C) Use in Violation of Prohibition: Any person, corporation, limited liability company, limited liability partnership, partnership, unincorporated association or other entity using the record or information in a manner contrary to the prohibition contained in this section is prohibited from obtaining further records and data under Indiana Code 5-14-3-3(d).

ARTICLE 22. REDEVELOPMENT AUTHORITY

§ 2-380 REDEVELOPMENT AUTHORITY

(A) The Town hereby creates a redevelopment authority under the Act to be known as the Avon Redevelopment Authority (“Authority”) as a separate body corporate and politic and as an instrumentality of the Town. (B) The Authority is organized for the following purposes: (a) Financing, constructing, and leasing local public improvements to the Commission; (b) Financing and constructing additional improvements to local public improvements owned by the Authority and leasing them to the Commission; (c) Acquiring all or a portion of one or more local public improvements form the Commission by purchase or lease and leasing these local public improvements back to the Commission, with any additional improvements that may be made to them; (d) Acquiring all or a portion of one or more local improvements form the Commission by purchase or lease to fund or refund indebtedness incurred on account of those local public improvements to enable the Commission to make a savings in debt service or

107 lease rental obligations or to obtain relief from covenants that the Commission considers to be unduly burdensome; and (e) Any other purposes permitted under the Act, including the issuance of bonds to finance local public improvements (C) The Board of Directors of the Authority shall be composed of three members who are residents of the Town and shall be appointed by the Town Council President for three-year terms from January 1 following their appointment. (D) This ordinance is effective upon passage by the Town Council.

(Ord. 2019-17, passed)

108 CHAPTER 3: TOWN LEGISLATIVE AND JUDICIAL BRANCHES

Article

1. TOWN COUNCIL APPENDIX: AMENDING ORDINANCE FORM 2. TOWN COURT

109 ARTICLE 1: TOWN COUNCIL

Section 3-1 Five-member Council 3-2 Council districts 3-3 Designation of town administrative Body 3-4 Terms of members 3-5 Selection of Council President and Vice- President 3-6 Quorum 3-7 When majority vote required 3-8 When 3/5 vote required 3-9 Clerk-Treasurer authorized to break ties 3-10 When ordinances take effect 3-11 Regular and special meetings 3-12 Powers of the Town Council 3-13 Order of business at meetings 3-13.5 Assurance of the right of public comment At meetings 3-14 Rules of Order 3-15 Compensation of the Town Council 3-16 Ordinances which amend the Avon Town Code 3-17 Policy for publications of legal notices 3-18 Nepotism prohibited Appendix: Amending Ordinance Form Statutory reference: For provisions concerning the Indiana Open

110 Door Law, see I.C. 5-14-1.5-1 et seq.

§ 3-1 FIVE-MEMBER COUNCIL. (A) The “Council” is the town legislative body and refers to the Town Council of Avon. (B) The Town Council consists of five members. (C) One Council member shall reside in each of the three Council Wards and be elected at-large by voters of the entire town. Two Council Members shall be elected at-large by voters of the entire town. (’95 Code, § 3-1) (Ord. 95-4, passed 11-30-95; Am. Ord. 98-43, passed 11-12-98; Am. Ord. 98-48, passed 12-16-98; Am. Ord. 2005-31, passed 7-14-05) Statutory reference: For provisions concerning terms of office of Council members, see I.C. 36-5-2-3 For provisions concerning town legislative Bodies and executives, see I.C. 36-5-2-1

§ 3-2 COUNCIL DISTRICTS. (A) The town is hereby divided into three town council districts described as follows: (1) District 1 shall consist of the area within the town boundaries that is west of S.R. 267, excluding the areas known as the Woodland Heights Subdivision and Hickory Mill Subdivision; the northeast and southeast corner parcels at S.R. 267 and C.R 100 North; the area east of S.R. 267, north of U.S. 36, west of Park Place Blvd. To Raintree Drive to Harvest Ridge Drive to Abundance Lane and south of Hohlier Lane; and the area east of S.R. 267, south of U.S. 36, west of Dan Jones Road and north of the CSX railroad tracks. (2) District 2 shall consist of the area within the town boundaries that is east of S.R. 267 and north of U.S. 36 excluding the portions of this area that are in the other Districts. (3) District 3 shall consist of the areas within the town boundaries known as the Woodland Heights Subdivision and Hickory Mill Subdivision that is west of S.R. 267 and south of the CSX railroad tracks; the area east of S.R. 267, west of Dan Jones Road and south of the CSX railroad tracks; the area east of Dan Jones Road and south of U.S.36; the area north of U.S. 36, east of Glenbrook Lane, south of Corinth Way and west of the Ronald Reagan Parkway; and the area north of U.S. 36, east of Ronald Reagan Parkway and south of Melissa Ann Drive. (4) The voters of each district shall elect a resident of that district to be the Town Council member representing that district. The voters of all districts together shall elect two additional at-large Town Council members who may be a resident of any district of the Town. (B) If any part of the town is not included in one of the districts established by this section, that territory is included within the district that: (1) Is contiguous to that territory; and

111 (2) Contains the smallest population, as defined in I.C. 1-1-4-5. (C) If any part of the town is included in more than one of the districts established by this section, the territory is included within the district that: (1) Is one of the districts in which the territory is described in this section; (2) Is contiguous to that territory; and (3) Contains the smallest population, as defined in I.C. 1-1-4-5. (D) The Council adopts a map depicting the districts established under this section, and incorporates the map by reference into this section. Two copies of this cap are on file in the office of the Clerk- Treasurer for public inspection as required by I.C. 36-1-5-4. If a conflict exists between the districts as depicted on the map and as described in this section, the description in this section prevails.

(E) The Clerk-Treasurer of the town shall forward a signed copy of this section to the Circuit Court Clerk of Hendricks County and shall request the Clerk to include the copy of this section in the records of the Hendricks County Election Board. (95 Code, § 3-2) (Ord. 95-4, passed 11-30-95; Am. Ord. 2002-15, passed 11-7-02; Am. Ord. 2012-16, passed 9-27-12)

§ 3-3 DESIGNATION OF TOWN LEGISLATIVE BODY. The legislative body of the town shall be known as the Town Council and shall consist of five elected members. (’95 Code, § 303) (Ord. 95-4, passed 11-30-95; Am. Ord. 98-43, passed 11-12-98)

§3-4 TERMS OF MEMBERS. (A) In the municipal elections to be held on November 2, 1999, the three Council members elected by district will serve for a term of three years, starting January 1, 2000, and the two at-large Council members will serve for a term of four years, starting January 1, 2000. (B) All Council members elected after November 2, 1999, shall be elected and serve for terms of four years. (’95 Code, § 3-4) (Ord. 95-4, passed 11-30-95; Am. Ord. 98-51, passed 12-16-98)

§ 3-5 SELECTION OF COUNCIL PRESIDENT AND VICE-PRESIDENT. At the beginning of each calendar year, the Council shall elect one of its members to be its president and one of its members to be its vice-president to serve a term of one calendar year. The President of the Town Council is the Town Executive. The Vice-President of the Town Council shall serve as executive in his absence, sickness, inability or refusal to serve. (’95 Code, § 3-5) (Ord. 95-4, passed 11-30-95; Am. Ord. 98-56, passed 12-16-98) Statutory reference: For provisions concerning the selection of a Town President, see I.C. 36-5-2-7

112

§3-6 QUORUM.

A majority of all the elected members of the Town Council constitutes a quorum. (’95 Code, § 3-6) (Ord. 95-4, passed 11-30-95) Statutory reference: For provisions defining a quorum of the Council See I.C. 36-5-2-9.2

§ 3-7 WHEN MAJORITY VOTE REQUIRED. A majority vote of the Town Council is required to pass an ordinance unless a greater vote is required by statute. A majority vote means at least a majority vote of all the elected members. (’95 Code, § 3-7) (Ord. 95-4, passed 11-30-95)

§ 3-8 WHEN 3/5 VOTE REQUIRED. A 3/5 vote with unanimous consent of the members present, is required to pass an ordinance on the same day or at the same meeting at which it is introduced. A 3/5 vote means at least a 3/5 vote of all the elected members. (’95 Code, § 3-8) (Ord. 95-4, passed 11-30-95)

§ 3-9 CLERK-TREASURER AUTHORIZED TO BREAK TIES.

The Clerk-Treasurer is the Clerk of the Town Council. Whenever there is a tie vote for any particular issue, the Clerk-Treasurer is an ex-officio member for the purpose of casting the deciding vote to break a tie. (’95 Code, § 3-9) (Ord. 95-4, passed 11-30-95) Statutory reference: For provisions concerning the authorization of The Clerk-Treasurer to vote in case of a tie, See I.C. 36-5-2-8

§ 3-10 WHEN ORDINANCES TAKE EFFECT. An ordinance, order or resolution passed by the Town Council becomes effective when signed by the President of the Town Council, or Vice-President if required, and attested to by the Clerk-Treasurer unless the ordinance, order or resolution by its own terms establishes the date upon which it takes effect. If required by statute, an adopted ordinance, order or resolution must be promulgated or published before it takes effect. (’95 Code, § 3-10) (Ord. 95-4, passed 11-30-95)

113 § 3-11 REGULAR AND SPECIAL MEETINGS. (A) The location for regular and special meetings of the Town Council shall be determined by the Town Council and shall be posted at the Town Office. (B) Special or called meetings may be called by the President of the Council, or in his absence, sickness, inability or refusal to make the call, by the Vice-President of the Council. The President and Vice-President may by verbal notice at the public meeting, when all members of the Council are present, call a special meeting of the Council, and in all cases where the provisions of the statutes of Indiana regulating the calling of the special meeting do not forbid the action by prescribing differently. In all cases where the provisions of the statutes of Indiana regulating the calling of the special meeting do not forbid the action by prescribing differently. In all cases where provisions of the statute prescribe the method of the call, the provisions must be strictly followed. (C) Executive sessions shall be conducted in strict compliance with I.C. 5-14-1.5-6.1. (’95 Code, § 3-11) (Ord. 95-4, passed 11-30-95; Am. Ord. 98-17, passed 4-23-98; Am. Ord. 99=1, passed 2-25-99)

§ 3-12 POWERS OF THE TOWN COUNCIL. The Council may: (A) Adopt ordinances and resolutions for the performance of functions of the town; (B) Purchase, hold and convey any interest in property, for the use of the town; (C) Adopt and use a common seal;

(D) Exercise all powers that are needed for the effective operation of local governmental affairs. Statutory reference: For provisions concerning the powers of the Legislative body, see I.C. 36-5-2-9

§ 3-13 ORDER OF BUSINESS AT MEETINGS. The following order of business shall be followed at Town Council meetings: (A) Call to order; (B) Pledge of Allegiance; (C) Roll call; (D) Approval of minutes of previous meeting(s): (E) Claims register approval; (F) Bid award(s); (G) Ordinances and resolutions;

114 (1) Old; and (2) New. (H) Reports from commissioners and boards; (I) Reserved; (J) Council items; (K) Clerk-Treasurer; (L) Town Attorney; and

(M) Adjournment. (’95 Code, § 3-13) (Ord. 95-4 passed 11-30-95)

§ 3-13.5 ASSURANCE OF THE RIGHT OF PUBLIC COMMENT AT MEETINGS (A) The Town Council of the town will set aside as reserved time at every public meeting of the Town Council a reasonable period of time for the public to make comments on any subject.

(B) This reserved time will occur at every meeting of the Town Council, subject to only emergency conditions or those occasional times when extreme press of business is such that time cannot be provided. This subsection allowing the elimination of the reserved time will not be regularly invoked and is intended only to apply to unusual conditions. (Ord. 97-46, passed 9-25-97)

§ 3-14 RULES OF ORDER. The most recent version of Roberts Rules of Order shall govern all meetings of the Town Council, unless ordinance or statute provide otherwise. (’95 Code, §3-14) (Ord. 95-4, passed 11-30-95)

§ 3-15 COMPENSATION OF THE TOWN COUNCIL. The Town Council shall, by ordinance, fix the compensation of its own members. (’95 Code, §3-15) (Ord. 95-4, passed 11-30-95)

§ 3-16 ORDINANCES WHICH AMEND THE AVON TOWN CODE. Town Code, shall be in the form depicted at the end of this article. (’95 Code, § 3-16) (Ord. 95-4, passed 11-30-95)

115 § 3-17 POLICE FOR PUBLICATION OF LEGAL NOTICES. (A) This is an official policy adopted by the Town Council for publication of all legal notices of the town, regardless of the department requiring the publication. (B) The policy is as follows: (1) Publication instructions be provided to the newspaper on the form provided; (2) A copy of the instructions be acknowledged by an employee of the newspaper as to the date received along with the first page on the publication attached; (3) The instructions and acknowledgment be provided to the Clerk-Treasurer in order to verify that they were published as required; and (4) The newspaper to which the town subscribes shall be given to the Clerk-Treasurer on the date of its delivery. (’95 Code, § 3-17) (Ord. 95-4, passed 11-30-95) Statutory reference: For provisions concerning the publication of Ordinances, see I.C. 3-4-6-10

§ 3-18 NEPOTISM PROHIBITED. (A) Appointments. The Town Council and the President of the Town Council are responsible for making appointments to several advisory boards, commissions, committees, bodies and agencies as provided for by Indiana law and the town code. (B) Qualifications. Persons appointed by either the Town Council or the President of the Town Council must satisfy the eligibility requirements established by Indiana law and the town code. In addition, such persons must be knowledgeable of and experienced in the area of interest of the board, commission, committee, body and/or agency on which he or she wishes to serve. (C) Nepotism. No person being related to any member of the Town Council as father, mother, brother, sister, uncle, aunt, husband, wife, son, daughter, son-in-law, daughter-in-law, niece or nephew, shall be eligible to be appointed by the Town Council or President of the Town Council to a committee, body or agency of the town or of another municipality or organization to which the Town Council or President of the Town Council has the power to appoint. (D) Application to existing appointees. This nepotism policy shall apply to all appointments made by the Town Council or the President of the Town Council after the adoption of the ordinance codified herein. However, adoption of the ordinance codified herein will not invalidate any appointments made prior to the adoption. (Ord. 2007-05, passed 2-22-07)

116 APPENDIX: AMENDING ORDINANCE FORM

Ord. No. (Include the last two digits of the calendar year followed by a dash and the chronological number of the Ordinance A: Ex. 96-51) (Short Title) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF AVON, INDIANA, AMENDING CHAPTER __, ARTICLE __, SECTION(S) __, OF THE AVON TOWN CODE BY THE INCLUSION /DELETION OF SECTION(S) __, ENTITLED ______. WHEREAS, ______(background statements setting forth the purpose or background of the ordinance where appropriate) WHEREAS, WHEREAS, WHEREAS, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, INDIANA, AS FOLLOWS: Section 1. Chapter __, Article __, Section(s) ___, of the Avon Town Code, is/are hereby amended to read as follows: (set forth specific amendatory language) Section II. All prior ordinances or parts thereof inconsistent with any provisions of this ordinance are hereby repealed. Section III. This ordinance is hereby passed and adopted at a regular meeting of the Town Council of the Town of Avon, Indiana, this ______.

BY: ______President

ATTEST: ______Clerk-Treasurer

117 ARTICLE 2: TOWN COURT

Section

3-25 Establishment 3-26 Term of judge 3-27 Election procedure of judge 3-28 Judge; powers and duties 3-29 Jurisdiction 3-30 Town Court seal 3-31 Business; location 3-32 Compensation 3-33 Ordinance Prosecutor

§ 3-25 ESTABLISHMENT. There is hereby established, pursuant to I.C. 33-10.1, a Town Court for the town. (Ord. 97-47, passed 1-8-98)

§ 3-26 TERM OF JUDGE. The Avon Town Court Judge shall be elected at the municipal election to be held in 1999, and at each subsequent municipal election held every fourth year after 1999. (Ord. 97-47, passed 1-8-98)

§ 3-27 ELECTION PROCEDURE OF JUDGE. The Avon Town Court Judge shall be elected under I.C. 3-10-6 or I.C. 3-10-7 by voters of the town. The term of office shall, pursuant to statute, begin at noon on January 1, after the election and will continue for four years. Before beginning the duties of office, the judge shall, in the manner prescribed by I.C. 5-4-1, execute a bond in the sum of $5,000 conditioned upon the faithful performance of the duties of his office with good and sufficient surety. The bond must be approved by the Town Council of the town and fled in the office of the Clerk-Treasurer. (Ord. 97-47, passed 1-8-98)

118

§ 3-28 JUDGE; POWERS AND DUTIES. (A) The Avon Town Court Judge may adopt rules for conducting the business of the court and has all power incident to a court of record in relation to the attendance of witnesses, the punishment of contempt, the enforcement of its orders and the issuing of commissions for taking depositions in cases pending in the court. He or she may administer oaths and give all necessary certificates for the authentication of records and proceedings. (B) If he or she is temporarily absent or unable to act, he shall appoint a reputable practicing attorney to preside in his absence. The special judge has all the powers and rights, and shall perform all the duties of the judge of the court as fully as the regular judge appointing him. (Ord. 97-47, passed 1-8-98)

§ 3-29 JURISDICTION. (A) The Avon Town Court has exclusive jurisdiction of all violations of the ordinances of the town. (B) The Avon Town Court also has jurisdiction of all misdemeanors and all infractions. (Ord. 97-47, passed 1-8-98)

§ 3-30 TOWN COURT SEAL. The Town Court Judge shall provide, at the expense of the town, a seal for the court that must contain on the face thereof the words: “Town Court of Avon, Indiana.” A description of the seal, together with an impression of it, shall be affixed to the records of the court. (Ord. 97-47, passed 1-8-98)

§ 3-31 BUSINESS; LOCATION. The Town Court Judge shall hold sessions of the Town Court as the business of the court demands at a place to be provided and designated by the Town Council. (Ord. 97-47, passed 1-8-98)

§ 3-32 COMPENSATION. The Judge of the Avon Town Court is entitled to receive compensation as is prescribed by Town Council. (Ord. 97-47, passed 1-8-98)

119 § 3-33 ORDINANCE PROSECUTOR. An attorney shall be authorized and deputized to prosecute ordinance violations on behalf of the town. (Res. 2002-03, passed 5-9-02)

120 CHAPTER 4: FEES, LICENSES AND PERMITS Article 1. GENERAL PROVISIONS 2: PAWNBROKERS AND DEALERS IN SECONDHAND GOODS; GARAGE SALES 3. PRIVATE EMERGENCY ALARM SYSTEM PERMITS AND LICENSING 4. REGISTRATION AND REGULATIONS OF CANVASSERS 5. LICENSING AND REGULATION OF DIRECT SELLERS 6. MEETINGS, ASSEMBLIES AND PARADES IN PUBLIC PLACES 7. RETAIL LIQUOR PERMITS 8. DRIVEWAY ACCESS PERMITS 9. EXCAVATION AND CONSTRUCTION ON PUBLIC STREETS AND RIGHTS-OF- WAY 10. GARAGE SALES 11. MOTOR VEHICLE INSPECTION FEES AND POLICE DEPARTMENT INCIDENT REPORT ACCOUNT FEES 12. OFFICIAL FEES APPENDIX A: OFFICIAL FEE SCHEDULE APPENDIX B: DESIGN REVIEW AND CONSTRUCTION COSTS APPENDIX C: AVON FIRE DEPARTMENT PLAN REVIEW FEES APPENDIX D: FINANCIAL REVIEW FEE 13. ADMINISTRATION FEES AND CHARGES 14. VIDEO SERVICE FRANCHISES 15. TAX ABATEMENT PROCEDURE 16. SEXUALLY ORIENTED BUSINESSES

121 17. MASSAGE THERAPISTS 18. SOCIAL PARTIES 19. WIRELESS SUPPORT STRUCTURES

122 ARTICLE 1: GENERAL PROVISIONS Section 4-1 Authority to license 4-2 Applications 4-3 Approval and issuance by Clerk-Treasurer 4-4 Duration of license; display required; Inspections 4-5 Issuance, revocation or suspension 4-6 Waiver of License for Town Imposed Fees

§ 4-1 AUTHORITY TO LICENSE. The town has the authority to impose a license fee that is reasonably related to the administrative cost of exercising regulating power. (’95 Code, §4-1) (Ord. 95-5, passed 11-30-95) Statutory reference: For provisions concerning licensing power, See I.C. 36-1-3-8(a)(5)

§ 4-2 APPLICATIONS. All applications for a permit or license under this chapter shall be made available by the Clerk- Treasurer, unless otherwise specified. (’95 Code, § 402) (Ord. 95-5, passed 11-30-95)

§ 4-3 APPROVAL AND ISSUANCE BY CLERK-TREASURER After examination, the Clerk-Treasurer shall grant a permit or license, unless good cause be shown why the permit or license should not be granted. (’95 Code, §4-3) (Ord. 95-5, passed 11-30-95)

§ 4-4 DURATION OF LICENSE; DISPLAY REQUIRED; INSPECTIONS. (A) All licenses issued under this chapter, unless specified otherwise, shall be issued for the duration of the calendar year for which they were issued and shall expire on December 31. (B) Every person who is issued a license under the provisions of the licensed activity is being conducted, or if there are no premises shall carry the license while engaged in the activity for which he has been licensed, and shall exhibit it to any town official or citizen upon request.

123 (C) The Police Department may inspect all places of business under license or required to have a license. (’95 Code, §4-4) (Ord. 95-5, passed 11-30-95)

§ 4-5 ISSUANCE, REVOCATION OR SUSPENSION. (A) The Clerk-Treasurer shall issue licenses upon payment of the license fees and compliance with the applicable provisions of this chapter. (B) Licenses issued by the town may be revoked or suspended if the person holding the license has violated the terms or conditions of the license or the law under which it was issued, or has conducted the business in a manner as to constitute a threat to public health, safety or general welfare of town citizens. (’95 Code, §4-5) (Ord. 95-5, passed 11-30-95)

§ 4-6 WAIVER OF LICENSE FOR TOWN IMPOSED FEES

(A) This section shall apply to all licenses, permits, registrations, endorsements, or certificates required by the Town for an individual to practice or a business to engage one or more individuals to practice an occupation or profession in an area over which the Town has jurisdiction. (B) The Town will waive all fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license if the following conditions are met: (1) The combined adjusted gross income of the applicant and the applicant’s spouse and any other individuals living together with the applicant at one residence as a domestic unit with mutual economic dependency for the calendar year preceding the year in which an application is made did not exceed 120% of the federal poverty guidelines (2) The applicant, at the time of submitting an application for the initial issuance or reinstatement of a license, is enrolled in a state or federal public assistance program; (3) The applicant is a veteran, as defined in Ind. Code 10-17015-3, or the spouse of a veteran; or (4) The applicant is a member of the Armed Forces of the United States, as defined in Ind. Code 5-9-4-3, or National Guard, as defined in Ind. Code 5-9-4-4, on active duty or the spouse of the member. The Town will waive 50% of the fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if the combined adjusted gross income of the applicant, the applicant's spouse, and any other individuals living together with the applicant at one residence as a domestic unit with mutual economic dependency for the calendar year preceding the year in which an application to issue, renew, or reinstate is made equaled or exceeded 120% of the federal poverty level and did not exceed 185% of the federal poverty level. (Ord. 2018-03, passed 3-8-18)

124 ARTICLE 2: PAWNBROKERS AND DEALERS IN SECONDHAND GOODS; GARAGE SALES

Section Division I: Pawnbrokers 4-10-1 Definitions 4-10-2 License required 4-10-3 Application for license 4-10-4 License Fees 4-10-5 Unlawful purchases 4-10-6 Record book to be kept 4-10-7 Card record for police 4-10-8 Retention of acquired personal property 4-10-9 Serial number required

Division II: Dealers in Secondhand Goods; Garage Sales 4-11-1 Applicability 4-11-2 Unlawful purchases 4-11-3 Record book to be kept 4-11-4 Card record for police 4-11-5 Retention of acquired property 4-11-6 Garage, patio and residence sales 4-11-7 Rights and liabilities accrued

125

DIVISION I: PAWNBROKERS

§ 4-10-1 DEFINITIONS. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PAWNBROKER. Any person, partnership, association or corporation who lends money on the deposit or pledge of personal property on the condition of selling the property back again at a stipulated price, other than chooses in action, securities or printed evidence of indebtedness. PERSON An individual, a firm, an association, a limited company, a partnership, a joint stock association, a trust or a corporation or any other entity capable of suing or being sued. PLEDGE. Personal property deposited with a pawnbroker as security for a loan. PLEDGER. The person who delivers personal property into the possession of a pawnbroker as security for a loan unless a person discloses that the person is or was acting for another. In that event, PLEDGER means the disclosed principal. (Ord. 98-30, passed 9-10-98)

§ 4-10-2 LICENSE REQUIRED. It shall be unlawful for any person to engage in the business of pawnbroker without first obtaining a license thereof from the Clerk-Treasurer. In order to sell secondhand goods, it is not required that a pawnbroker obtains a license to be a dealer in secondhand goods for the pawnbroker’s licensed business location. (Ord. 98-30, passed 9-10-98) Penalty, see § 1-99

§ 4-10-3 APPLICATION FOR LICENSE. (a) Neither a pawnbroker or dealer in second hand goods is eligible for a permit because of a disqualifying criminal conviction. (i) In determining whether the applicant has a disqualifying criminal conviction, the Building Commissioner must find that the applicant has been convicted of the crime of theft, conversion, and/or receiving or possessing stolen property as defined in Indiana Code 35. In order to be a disqualifying criminal conviction, the conviction must have occurred in the five- year period prior to the application, unless the applicant was convicted of a crime of theft, conversion and/or receiving or possessing stolen property during the five-year disqualification period, in which case, the five-year period does not apply;

126 (ii) If the Building Commissioner determines that the applicant has been convicted of an offense lists in Subsection (i), the Building Commissioner must consider the following in order to determine whether to deny the permit, based upon a clear and convincing showing: (AA) the nature and seriousness of the crime; (BB) the passage of time since the commission of the crime; (CC) the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the permit; (DD) evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the direct relation to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the permit. (iii) A person may at any time petition the Building Commissioner for a determination as to whether that person’s criminal conviction will disqualify the person from receiving a permit under this Section. Any such petition must comply with Indiana Code 36-1-26-5, and the petitioner must tender to the Town a user fee in the amount of $25.00 with the petition. (Ord. 98-30, passed 9-10-98; Am. Ord 2019-26, passed 12-2019)

§ 4-10-4 LICENSE FEES. The annual fee for a license required by this article shall be $200 for each place of business of the licensee. (Ord. 98-30, passed 9-10-98)

§ 4-10-5 UNLAWFUL PURCHASES. It Shall be unlawful for any licensee under this article to receive any articles in the course of 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 the article unlawfully. (Ord. 98-30, passed 9-10-98; Am. Ord 2019-26, passed 12-2019) Penalty, see § 1-99

§ 4-10-6 RECORD BOOK TO BE KEPT. (A) Every licensee under this article shall keep and preserve a record book in which shall be legibly written in ink an accurate description in the English language of all articles pawned and the amount of money loaned thereon, the time of the transaction, the name, address, telephone number, age, color, height, weight, complexion, style of beard or mustache, any visible distinctive marks or conditions, style of dress of the person pawning the articles and the number of the pawn ticket issued therefor. (B) The record book required to be kept by subsection (A) shall be open to inspection at all reasonable times by the police or Clerk-Treasurer. (C) In addition to the above records, every licensee under this article shall provide a list of serialized articles that has been acquired by transfer from any location other than town to the local law

127 enforcement agency having jurisdiction over the locations of the licensee’s place of business not later than the next business day after the articles are received. (Ord. 98-30, passed 9-10-98)

§ 4-10-7 CARD RECORD FOR POLICE. (A) In addition to the record book required by this article, all licensees under this article shall at the time of receiving any pawned articles fill out a three-inch by five-inch card for each article pawned. Each card shall contain the information required to be kept by licensees under this article, and the right thumb print of the person pawning or selling the article. If the right thumb is missing, any of the person’s fingerprints may be used. (B) The thumb print shall be made in the manner approved by the local law enforcement agency having jurisdiction over the location of the licensee’s place of business no later than the next business day after the item of personal property is received. (Ord. 98-30, passed 9-10-98)

§ 4-10-8 RETENTION OF ACQUIRED PERSONAL PROPERTY. (A) All personal property received by a licensee under this article shall be held intact by the licensee for at least seven business days after the licensee has mailed a copy of the record required to be maintained under state law, which details the item of personal property received, to the local law enforcement agency having jurisdiction over the location of his place of business. (B) Whenever any licensee receives written notice either from the local law enforcement agency or from an individual, that someone is maintaining a claim of right to possession of the personal property adverse to the licensee, the licensee shall keep the personal property in his possession for 30 days or turn it over to the local law enforcement agency if so required by the local law enforcement agency. Once notice of an adverse claim to the article has been given under this section, the article shall be held for 30 days, during which legal proceedings may be commenced to determine who is entitled to the property. (C) If the matter is not settled or legal proceedings have not been commenced within 30 days, the property shall be returned to the pawnbroker by the local law enforcement agency if held by them. (Ord. 98-30, passed 9-10-98)

§ 4-10-9 SERIAL NUMBER REQUIRED. No pawnbroker shall accept as collateral security or for purchase any property of the type given manufacturer’s serial number or other identifying insignia unless property shall have plainly visible thereon the manufacturer’s serial number or other identifying insignia. (Ord. 98-30, passed 9-10-98)

128

DIVISION II: DEALERS IN SECONDHAND GOODS; GARAGE SALES

§ 4-11-1 APPLICABILITY. This article shall not apply to retailers who primarily sell unused goods who in the course of selling the unused goods occasionally received used goods as partial consideration for the sale of the unused goods, and dispose of the same by sale or otherwise. (Ord. 98-30, passed 9-10-98)

§ 4-11-2 UNLAWFUL PURCHASES. It shall be unlawful for any dealer in secondhand goods 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 by him to have acquired and by disposing of the articles unlawfully. (Ord. 98-30, passed 9-10-98) Penalty, see §1-99

§ 4-11-3 RECORD BOOK TO BE KEPT. (A) Every dealer in secondhand goods under this article who deal sin firearms, jewelry, electronic items or equipment, tools or any items originally marked with a serial number shall keep a record book in which shall be legibly written in the English language at the time of receiving any goods the following: (1) An accurate description of the article received; (2) The amount of money paid for it; (3) The exact time of the transaction; and (4) The name, residence, address, telephone number, age, color, height, weight, complexion, style of beard or mustache, any visible distinguishing marks, style of dress, and number of any license badge of the person delivering the goods to the dealer in secondhand goods. (B) The record book required to be kept by subsection (A) shall be open to inspection at all reasonable times by the police or Clerk-Treasurer. (Ord. 98-30, passed 9-10-98)

§ 4-11-4 CARD RECORD FOR POLICE. (A) In addition to the record book required by this article, all dealers in secondhand goods under this article who deal in firearms, jewelry, electronic items or equipment, tools or any item originally marked

129 with serial number shall fill out one of the cards prescribed by subsection (B) for each article of firearms, jewelry, electronic items or equipment, tool or other items originally marked with a serial number received. The dealer of secondhand goods 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 thumb is missing, any of the customer’s fingerprints may be used. The thumbprint shall be made in the manner approved by local law enforcement agency and shall not be blurred or obliterated. (B) The cards required by subsection (A) which are to billed out shall be in the following form:

REPORT OF SECONDHAND PROPERTY RECEIVED

Article ______Serial No. ______

Maker’s Name______

Color, Style, Design ______

Marks and Further Description ______

Purchase Price ______

Dealers Name ______

Location ______

Date Reported ______, ______

(C) The back side of the card prescribed by subsection (B) shall be in the following form:

Signature ______

Address ______

Description of Customer To be filled out by dealer

Sex ___ Age ___ Height ___ft. ___in. Weight ___lbs.

130 Race or Nationality ______

Clothing ______

Complexion ______

(D) These cards shall be mailed by the dealer in secondhand goods to the local law enforcement agency no later than the next business day after the item of persona property is received. (Ord. 98-30, passed 9-10-98)

§ 4-11-5 RETENTION OF ACQUIRED PROPERTY. (A) All firearms, electronic items and equipment, tools or other items originally marked with a serial number received by a dealer in secondhand goods under this article shall be held intact by the dealer in secondhand goods for seven business days after the dealer in secondhand goods has mailed the card to the local law enforcement agency as required by the article. Whenever any dealer in secondhand goods receives written notice, either from the police department or from an individual, that someone is maintaining a claim of right to possession of the firearm, jewelry, electronic items or equipment, tools or other items originally marked with a serial number adverse to department or from an individual, that someone is maintaining a claim of right to possession of the firearm, jewelry, electronic items or equipment, tools or other items originally marked with a serial number adverse to the dealer, the dealer shall keep the article in his possession or turn it over to the local law enforcement agency if so required by the local law enforcement agency. Once notice of adverse claim to the article has been given under this section the article shall be held for 20 days, during which legal proceeding may be commenced to determine who is entitled to the property. (B) If the matter is not settled or legal proceedings have not been commenced within 20 days, the property shall be returned to the dealer in secondhand goods by the local law enforcement agency if held by them. (Ord. 98-30, passed 9-10-98)

§ 4-11-6 GARAGE PATIO AND RESIDENCE SALES (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADVERTISED. Any visible evidence that the property is being sold. GARAGE SALE. An Advertised sale of used, tangible personal property, at a location which is zoned under the zoning ordinance of the town. (B) Limitation on frequency. It shall be unlawful for any person to hold or allow to be held any garage sale at any location, at any time after two garage sales have been held at the location in one calendar year.

131 (C) Limitation on time. It shall be unlawful for any person to hold or allow to be help any garage sale for more than three consecutive days. (D) Limitation and advertising. It shall be unlawful for any person who holds or allows to be held any garage sale to leave remain standing or posted any advertising of the sale in or on any public right- of-way. Signs may be placed 48 hours prior to day of sale, and removed within 24 hours after the date of sale. (E) Restriction on items to be sold. It shall be unlawful to sell at a garage sale any goods or merchandise purchased for the purpose of resale. (F) Violations may be enjoined under state law. Violation of the section may be enjoined under the provisions of I.C. 36-1-6-4. (Ord. 98-30, passed 9-10-98) Penalty, see § 1-99

§ 4-11-7 RIGHTS AND LIABILITIES ACCRUED.

The expressed or implied repeal or amendment by any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this article. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under the repealed or amended ordinance. (Ord. 98-30, passed 9-10-98)

132

ARTICLE 3: PRIVATE EMERGENCY ALARM SYSTEM PERMITS AND LICENSES

Section

Division 1: General Provisions 4-20 Purpose 4-21 Definitions 4-22 Prohibited alarm systems

Division II: Alarm System Permits 4-24 Alarm system permit required 4-25 Application 4-26 Issuance 4-27 Residential permit fee and term 4-28 Location of permit

Division III: Business Alarm Businesses 4-31 Permit application 4-32 Permit fees and term 4-33 Installation 4-34 Fee schedule

Division IV: False Alarms 4-37 Prohibited activity 4-38 Notice of violations to be given 4-39 Service of notice; contents

133 4-40 Appearance of violator 4-41 Penalties on compromises 4-42 Fifth offenders; appearance in court for Violators not compromising 4-43 Effect of failure to appear

DIVISION I: GENERAL PROVISIONS § 4-20 PURPOSE. It is declared to be the purpose of this article to reduce the number of false alarms activated by private emergency alarm systems. (Ord. 97-34, passed 9-11-97)

§ 4-21 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALARM AGENT. Any person who is employed by an alarm business either directly or indirectly, whose duties including selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure, facility or grounds any alarm system. ALARM BUSINESS. Any individual, partnership, corporation or other entity who in addition to selling alarm systems, also leases, maintains, services, repairs, alters, replaces, moves or installs any alarm system in or on any building, structure, facility or grounds. ALARM SYSTEM. (1) Any device used for the detection of an unauthorized entry or attempted entry into a building, structure, facility or grounds, or for alerting others of the commission of an unlawful act within a building, structure, facility or grounds, which when activated, causes notification to be made directly or indirectly to the Avon Police Department. (2) ALARM SYSTEM includes, without limitation, any automatic telephone dialing device as defined herein. (3) ALARM SYSTEM SHALL NOT INCLUDE: (a) An alarm installed on a motor vehicle; (b) An alarm designed so that the Avon Police Department is not notified until after the occupants, an agent of the owner or lessee, or an agent of an alarm system business has checked the alarm site and determined that the alarm was the result of criminal activity of the kind for which the alarm system was designed to give notice; or

134 (c) An alarm installed upon premises occupied by the United States, the state or any political subdivision thereof.

AUTOMATIC TELEPHONE DIALING DEVICE. Any device connected to an alarm system which automatically sends a pre-recorded message or coded signal to a law enforcement agency or fire department indicating the activation of the alarm system. FALSE ALARM. An alarm eliciting a police or fire department response when the situation does not require police or fire department services. For the purposes of this article, this does not include alarms triggered by severe atmospheric conditions or other circumstances not reasonably under the control of the alarm user, installer or maintainer.

PERMIT HOLDER. The individual, corporation, partnership or other legal entity to whom an alarm system permit is issued. (Ord. 97-34, passed 9-11-97)

§ 4-22 PROHIBITED ALARM SYSTEMS.

No alarm system is permitted that utilizes an automatic detection device that automatically sends a message to police or fire departments. (Ord. 97-34, passed 9-11-97) Penalty, see § 1-99.

DIVISION II: ALARM SYSTEM PERMITS § 4-24 ALARM SYSTEM PERMIT REQUIRED. (A) It shall be unlawful for a person in control of property to operate, cause, to be operated or permit the operation of an alarm system on that property unless a current alarm system permit has been obtained from the Clerk-Treasurer; provided, however, no permit shall be required for an alarm system located on a private residence if so equipped that any externally sounding alarm is automatically disconnected within 15 minutes after activation. (B) Any person who violates this section commits a Class A violation under § 2-20 of this code unless an alarm system permit is obtained within ten days after receiving notification of the violation. (C) Any person who operates an alarm system as of September 1, 1997, shall have 60 days to apply for an alarm system permit if one is required by this section. (Ord. 97-34, passed 9-11-97) Penalty, see § 1-99

§ 4-25 APPLICATION. Application for a permit for the operation of an alarm system shall be made by a person or legal entity having control over the property on which the alarm system is to be installed and operated.

135 Applications shall be made in writing to the Clerk-Treasurer on a form designated by the town for that purpose. The application shall include the following information: (A) The name, address and telephone number of each person in control of the property; (B) The street address of the property on which the alarm system is to be installed and operated; (C) Any business name used for the premises on which the alarm system is to be installed and operated; (D) Whether the alarm system or systems are or are not local alarms and whether the alarm system or systems are designed to give notice of a burglary, hold-up or other type of emergency; (E) The name of the person or alarm system business who will install the alarm system; and (F) The names and telephone numbers of two persons or of an alarm system business which are able to and have agreed: (1) To receive notification at any time; (2) To come to the alarm site within 30 minutes after receiving a request from the Avon Police Department to do so; and (3) To grant access to the alarm site and to deactivate the alarm system if it becomes necessary. (Ord. 97-34, passed 9-11-97)

§ 4-26 ISSUANCE. (A) The Clerk-Treasurer shall issue an alarm system permit to the person or their legal entity in control of the property upon submission of an application in accordance with this article and payment of the permit fee, unless the Clerk-Treasurer finds that any statement made in the application was incomplete or false. (B) Immediately after receipt of the application for an alarm system permit and payment of the permit fee, the Clerk-Treasurer shall forward the application to the Avon Police Department. All information on the application shall be protected as confidential information; provided, however, nothing in this shall prohibit the use of the information for legitimate law enforcement purposes and for enforcement of this article. (C) The permit holder shall promptly notify the Clerk-Treasurer and the Avon Police Department in writing of any change in the information contained in the permit application. (Ord. 97-34, passed 9-11-97)

136 § 4-27 RESIDENTIAL PERMIT FEE AND TERM. (A) The fee for a residential alarm system permit shall be the fee listed in the Office Fee Schedule. (B) A residential alarm system permit issued pursuant to this article shall be valid for a term of two years commencing from the date of issuance. (C) A residential alarm system permit issued pursuant to this article shall be personal to the permit holder and is not transferable. (Ord. 97-34, passed 9-11-97; Am. Ord. 2013-05, passed 4-11-13)

§ 4-28 LOCATION OF PERMIT. This permit holder for an alarm system shall keep the permit at the alarm site in a location which is visible to any law enforcement official or fire department officer who responds to an alarm. (Ord. 97-34, passed 9-11-97)

DIVISION III: BUSINESS ALARM BUSINESSES § 4-31 PERMIT APPLICATION. (A) Prior to doing business within the Town of Avon, a business must obtain a business alarm system permit from the Clerk-Treasurer’s Office. (B) All applications for a business alarm system permit must be completed on the form provided by the Clerk-Treasurer’s Office. (C) A business who submits a business alarm system permit must promptly notify the Clerk- Treasurer, in writing, of any changes in the information contained in the application form. (Ord. 2016-16, passed 4-28-16)

§ 4-32 PERMIT FEES AND TERM. (A) The annual permit fee for each business alarm is $50. Prior to doing business in the town, a business must pay this fee to the Clerk-Treasurer’s Office. (B) All business alarm system permits are valid for one year. All permits must be renewed annually by the business. (C) Sixty calendar days before the expiration of a business alarm system permit, the Avon Clerk- Treasurer must provide the business with an expiration reminder, as well as a business alarm system renewal form Within 30 days of its receipt, the business must complete the business alarm system renewal form and return the form along with the business’s annual $50 fee, to the Clerk-Treasurer’s Office.

137 (D) If a business fails to submit its annual fee within 30 days of its receipt business alarm system renewal form to the Clerk-Treasurer, a late penalty will be assessed in the amount of $25 for each month the renewal fee remains unpaid. (Ord. 2016-16, passed 4-28-16)

§ 4-33 INSTALLATION. (A) Any business which installs an alarm system within the town shall provide the following information on a form designated by the town.: (1) The address where the system is installed; (2) The name and address of the person having control of over the property; and (3) The type of alarm system.

(B) The form shall be submitted to the Avon Police Department not earlier than 20 days prior to the installation of the system and not later than 48 hours after the system is installed. The information shall be protected as confidential information and its use shall be restricted to legitimate law enforcement purposes and for enforcement of this article. (Ord. 2016-16, passed 4-28-16)

§ 4-34 FEE SCHEDULE. See fee schedule for the Clerk-Treasurer’s Office found in Ch. 4, Art. 12, App. A. (Ord. 2016-16, passed 4-28-16)

DIVISION IV: FALSE ALARMS § 4-37 PROHIBITED ACTIVITY. (A) No person who controls property on which an alarm system is installed shall issue, cause to be issued, or permit the issuance of more than three false alarms in a calendar year; provided, however, this section shall not apply to an alarm system which emits a false alarm within 30 days after installation of the alarm system. (B) A person who controls property on which an alarm system is installed shall receive a warning from the appropriate law enforcement agency for the first three false alarms issued by the alarm system during a calendar year. (Ord. 97-34, passed 9-11-97) Penalty, see § 1-99

§ 4-38 NOTICE OF VIOLATIONS TO BE GIVEN. If an alarm system issues more than three false alarms in a calendar year, the person who controls the property on which the alarm system is installed shall receive notice of violation. (Ord. 97-34, passed 9-11-97)

138 § 4-39 SERVICE OF NOTICE; CONTENTS. (A) A law enforcement officer shall notify the owner or operator of an alarm system, or his representative, of a violation of § 4-37 by presenting the person found in possession or in charge of the alarm system with a written notice of violation. If the officer shall not find any person in possession or in charge of the premises, or if the person is a child or incapable of receiving the notice, the officer shall notify the owner or operator either by mail or by posting or attaching a written notice of violation in conspicuous place upon the premises and the person shall be bound thereby. (B) All notices of violations, as required to be served by this section, shall be executed by the law enforcement officer or other authorized person, in triplicate. One copy shall be served upon the violator, one copy shall be filed by the officer with the Ordinance Violations Bureau and one copy shall be filed with the Avon Police Department, which copy shall also be for the use of the officer. The latter two copies shall be filed in the respective offices by the officer within 48 hours after the notice was served upon the violator. (C) All notices provided for by this section shall be serially numbered and shall contain the following information: (1) The specific violation with which the violator is charged; (2) The name and address of the person who controls property on which the alarm system is installed; (3) The location of the violation;

(4) The signature of the officer; (5) The badge number, if any, of the officer; and (6) The date of the violation. (D)(1) The copy of the notice served upon the violator or his representative, or the owner of the premises, shall also state that the violator or another person shall appear in person or by attorney or agent, at the offices of the Ordinance Violations Bureau to admit liability and pay the appropriate penalty within seven days of the hour of noon of the date of the violation appearing on the notice. However, if the period of seven days shall expire upon a Sunday or a legal holiday, then the period of time in which the violator must appear shall be extended to the next business day. (2) A violator may admit liability and pay the appropriate penalty within seven days of the mailing of a copy of his citation and appropriate payment by first-class mail, postage prepaid, to the Ordinance Violations Bureau. (Ord. 97-34, passed 9-11-97)

139 § 4-40 APPEARANCE OF VIOLATOR. (A) It shall be the duty of any person who receives a notice of violation, served pursuant to the provisions of this article, to appear in person or by attorney or agent at the office of the Ordinance Violations Bureau if he desires to take advantage of the privilege of compromising of the offense. (B) Any person who has received less than four notices of violation of § 4-37 during the calendar year either by his own admission or by conviction thereof, may so appear in person or by attorney or agency during the period of time allowed to appear pursuant to the notice served under this article, and admit liability for the offense charged in the notice and tender payment of the penalty specified in this chapter together with any costs required by law. (Ord. 97-34, passed 9-11-97)

§ 4-41 PENALTIES ON COMPROMISES. (A) The penalties payable upon the compromises, not including any costs specifically required by statute to be added thereto, shall be as follows: (1) Any person violating any provision of this article for which no specific penalty is prescribed shall be subject to the fine in § 1-99. (2) Additional costs shall be assessed and paid as may be required by statute or this code. (3) Any duly appointed officer or employee of the Ordinance Violations Bureau is authorized and empowered to accept on behalf of the town any offer of compromise of any violator when the required amount of the penalty is properly tendered pursuant to this article. Acceptance on behalf of the town shall be affected by issuing to or for the violator a receipt of the Ordinance Violations Bureau, signed by the person acting therefor, acknowledging the payment of the proper sum, which payment and receipt shall constitute a complete satisfaction for the violation. (Ord. 97-34, passed 9-11-97)

§ 4-42 FIFTH OFFENDERS; APPEARANCE IN COURT OF VIOLATORS NOT COMPROMISING. (A) Any person receiving four or more notices of a violation pursuant to this article, or anyone receiving a notice of any violation and show does not wish to compromise the claim of the town by the payment of the penalty therefor as provided in this article, may appear in person or by attorney or agent, at the office of Ordinance Violations Bureau during the period of time provided therefore in the notice, waive arrest and arrange with the Bureau to be slated and to have date set for the time he shall appear in court. (B) The Ordinance Violations Bureau shall thereupon arrange with the Clerk or Judge of the Avon Court having date on which the law enforcement officer who signed the notice of the violation is assigned to duty in the Court, and shall notify the Town Attorney of all cases giving the status thereof and any information required so that proper affidavits or complaints may be prepared. (Ord. 97-34, passed 9-11-97)

140

§ 4-43 EFFECT OF FAILURE TO APPEAR. (A) Upon the failure or refusal of any person receiving a notice of any violation under this article to appear as provided in this article and report to the Ordinance Violations Bureau or to compromise the violations if appearing, it shall be the duty of the Clerk of the Bureau to report the fact forthwith to the Town Attorney and to the law enforcement officer who signed this notice to appear, and to furnish the Town Attorney with all necessary information to prepare a proper affidavit and complaint, together with the correct name and address of the violator, if known or ascertainable. (B) Proceedings in court against the violation shall be provided, and upon conviction of the offense charged and in lieu of the sums prescribed by any compromise, the penalties provided for general violations of this code may be assessed for each offense, together with costs as are provided for by statute. (Ord. 97-34, passed 9-11-97)

141 ARTICLE 4: REGISTRATION AND REGULATION OF CANVASSERS

Section 4-48 No registration of canvassers 4-49 Definitions 4-50 Reserved 4-51 Reserved 4-52 Reserved 4-53 Reserved 4-54 Conduct regulations 4-55 Penalty 4-56 Reserved 4-57 Reserved.

§ 4-48 NO REGISTRATION OF CANVASSERS. Persons may canvass within the corporate limits of the town without registering or paying a fee. However, canvassers will be subject to the conduct rules contained in the article. (’95 Code, § 4-48) (Ord. 95-5, passed 11-30-95; Am. Ord. 2005-17, passed 4-14-05) Penalty, see § 1-99

§ 4-49 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CANVASSER. Any person, whether acting on their own or on behalf of another person, corporation or other entity who engages in canvassing as herein defined.

CANVASSING. Any act of a person going from house to house, door to door or business to business for any purpose including, but not limited to, the conducting of a survey, the dissemination of any written materials, objects or products and any act of solicitation including solicitation of information. (’95 Code, § 4-49) (Ord. 95-5, passed 11-30-95; Am. Ord. 2005-17, passed 4-14-05)

§ 4-50 RESERVED. § 4-51 RESERVED. § 4-52 RESERVED.

142

§ 4-53 RESERVED. § 4-54 CONDUCT REGULATIONS. The following regulations shall govern the conduct of registrants hereunder: (A) It shall be unlawful for any canvasser to call at any dwelling, business or other place before 9:00 a.m. and after 9:00 p.m., except by appointment. It shall be unlawful for any canvasser to enter upon any residential or business premises where the owner, occupant or person legally in charge of the premises has posted at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Solicitors” or words of similar import. (B) It shall be unlawful for any canvasser to remain on any premises after being asked to leave by the owner, occupant or other person having authority over the premises. (C) It shall be unlawful for any canvasser to misrepresent or make false, deceptive or misleading statements while engaged in canvassing, the purpose of his or her visit, his or her identity or the identity of the organization he or she represents. (D) It shall be unlawful for any canvasser to impede the free use of sidewalks and streets by pedestrians and vehicles. (E) It shall be unlawful for any canvasser to allow any written materials or other rubbish or litter to be dropped, thrown or left on the sidewalks, streets, yards, vehicles, parks, residences or businesses within the corporate limits of the town. (’95 Code, § 4-54) (Ord. 95-5, passed 11-30-95; Am. Ord. 2001-06, passed 3-8-01; Am. Ord. 2005-17, passed 4-14-05) Penalty, see § 4-55.

§ 4-55 PENALTY. It shall be unlawful for canvassers to violate the conduct rules contained in § 4-54. Canvassers who violate the rules contained in § 4-54 shall be subject to and pay a fine in the amount of $100. All fines shall be paid to the Clerk-Treasurer within ten days of the violation. (Ord. 2005-17, passed 4-14-05) § 4-56 RESERVED. § 4-57 RESERVED.

143 ARTICLE 5: LICENSING AND REGULATION OF DIRECT SELLERS

Section 4-60 Reserved 4-61 Definitions 4-62 Exemptions 4-63 Registration; bonding requirements 4-64 Additional information required 4-65 License and license fees 4-66 Investigation 4-67 Appeal 4-68 Regulations 4-69 Disclosure requirements 4-70 Records maintained by Clerk-Treasurer 4-71 Revocation of registration

§ 4-60 RESERVED.

§ 4-61 DEFINITIONS.

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

CLERK. The Town Clerk-Treasurer.

DIRECT SELLER. Any individual who, for him or herself, or for a partnership, association or corporation, offers services, sells goods or takes sales orders for the later performance of services or the delivery of goods, at any location other than the permanent business place or residence of the individual, partnership, association or corporation, and shall include, but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.

GOODS. Personal property of any kind, and shall include goods provided incidental to services offered or sold.

144 ('95 Code, § 4-61) (Ord. 95-5, passed 11-30-95; Adm. Order 2020-08, passed 07-23-2020)

§ 4-62 EXEMPTIONS.

The following shall be exempt from all provisions of this article:

(A) Any person delivering goods or services to regular customers or on established routes who has been invited to call upon residents at their homes by the resident

(B) Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested a home visit by the person;

('95 Code, § 4-62) (Ord. 95-5, passed 11-30-95 Adm. Ord. 2020-08, passed 07-23-2020)

Statutory reference: For provisions concerning the procedures for veterans to sell goods without the payment of any license fee, see I.C. 25-25-2-1

§ 4-63 REGISTRATION; BONDING REQUIREMENTS.

(A) Applicants must complete and return to the Clerk-Treasurer before the applicant shall be authorized to do business a registration form furnished by the Clerk-Treasurer which shall require the following information:

(1) Name, permanent address, telephone number and temporary address;

(2) Age, height, weight, color of hair and eyes;

(3) Name, address and telephone number of the person, firm association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold;

(4) Temporary address and telephone number from which business will be conducted, if any;

(5) Nature of business to be conducted and a brief description of the goods and any services offered;

(6) Proposed method of delivery of goods or services;

(7) Make, model and license number of any vehicle to be used by the applicant in the conduct of his business;

(8) The last three previous cities, villages or towns where the applicant conducted similar business;

(9) Place where applicant can be contacted for at least seven days after leaving the town; and

145 (10) Statement as to whether applicant has been convicted of any crime and authorization for the Town to perform a criminal background check;

(11) Statement of whether the applicant has been cited for an ordinance violation related to the applicant's transient merchant business within the last five years, the nature of the offense and the place of conviction.

('95 Code, § 4-63) (Ord. 95-5, passed 11-30-95 Adm. Ord. 2020-08, passed 07-23-2020);

§ 4-64 ADDITIONAL INFORMATION REQUIRED.

Each applicant shall present to the Clerk-Treasurer for examination:

(A) A driver's license or some other proof of identity as may be reasonably required;

(B) A state certificate of examination and approval from the sealer of weights and measures where the applicant's business requires use of weighing and measuring devices approved by state authorities; and

(C) A state health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law. The certificate shall state that the applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for license is made.

('95 Code, § 4-64) (Ord. 95-5, passed 11-30-95)

§ 4-65 LICENSE AND LICENSE FEES.

(A) After investigation, if the Clerk-Treasurer is satisfied that (1) the applicant is complete, (2) the applicant has not been convicted of a crime involving violence, burglary, robbery, theft, fraud, embezzlement, dishonesty or other conduct which demonstrates that the applicant presents a risk of crime as a direct seller, (3) the applicant has not violated direct seller ordinances in other municipalities or counties, and (4) the applicant has not violated this Article, the Clerk-Treasurer will issue a direct seller license to the applicant, upon payment of the following fees:

(1) For one day, the sum of Forty Dollars ($40.00);

(2) For one week, the sum of Seventy-Five Dollars ($75.00); and

(3) For one month, the sum of One Hundred Fifty Dollars ($150.00).

(B) If any licensee desires to continue in business after the expiration of the license, a new license must be secured in the same manner and upon the same terms as the original license, subject to subsequent refusal as provided in § 4-66.

146

(‘95 Code, § 4-65) (Ord. 95-5, passed 11-30-95; Am. Ord. 2013-05, passed 4-11-13. Am Ord. 2020- 08, passed 7-23-20)

§ 4-66 INVESTIGATION.

(A) Upon receipt of each application, the Clerk-Treasurer will complete an investigation of the statements made in the registration.

(B) If the Clerk-Treasurer denies the application, he/she will send to the applicant written notice thereof. This notice must state the reason or reasons for the denial.

('95 Code, § 4-66) (Ord. 95-5, passed 11-30-95 Adm. Ord. 2020- 08, passed 07-23-2020)

§ 4-67 APPEAL. Any person whose registration is denied or revoked may appeal the denial or revocation to the Avon Town Council. Appeals must be filed with the Avon Town Council within 14 calendar days of the denial or revocation. The Town of Avon will conduct a hearing on denial or revocation within 30 days of receipt of the appeal. The Avon Town Council will provide the appellant with notice of the date of the appeal hearing at least 10 days prior to the hearing. The appellant will be allowed to present testimony and evidence at the appeal hearing. The Town of Avon may also present evidence and testimony. After the hearing is conducted, the Avon Town Council shall make a written determination within 10 days and provide that determination to the appellant. The appellant may appeal that determination to a court of competent jurisdiction.

('95 Code, § 4-67) (Ord. 95-5, passed 11-30-95 Adm. Ord. 2020-08, passed 07-23-2020)

§ 4-68 REGULATIONS.

The following regulations shall govern the conduct of the registrant.

(A) It shall be unlawful for any direct seller to:

(1) Solicit or call at any dwelling or other place after sunset and before sunrise, except by appointment;

(2) To call at any dwelling or other place where a sign is displayed bearing the words “No Peddlers,” “No Solicitors” or words of similar meaning;

(3) To call at the rear door of any dwelling place; or

(4) To remain on any premises after being asked to leave by the owner, occupant or other person having authority over the premises.

('95 Code, § 4-68) (Ord. 95-5, passed 11-30-95 Adm. Ord. 2020- 08, passed 07-23-2020)

147 § 4-69 DISCLOSURE REQUIREMENTS.

If requested by the occupant of a residence, the direct seller will present his/her license for inspection.

('95 Code, § 4-69) (Ord. 95-5, passed 11-30-95 Adm. Ord 2020-08, passed 07-23-2020)

§ 4-70 RECORDS MAINTAINED BY CLERK-TREASURER.

Any law enforcement officer may report to the Clerk-Treasurer all complaints, citations, and judgments for violation of this article and the Clerk-Treasurer shall note any violation on the record of the registrant.

('95 Code, § 4-70) (Ord. 95-5, passed 11-30-95 Adm. Ord. 2020-08, passed 07-23-2020)

§ 4-71 REVOCATION OF REGISTRATION; PENALTIES; APPEAL.

(A) Revocation. The registration of a direct seller may be revoked by the Town Council for any violation of this article. If the Clerk-Treasurer revokes the registration or license of a direct seller, the Clerk-Treasurer will mail notice thereof to the direct seller. The notice must state the reason or reasons for the revocation.

(B) Penalties. In addition to revocation of registration as provided for in Subsection (A), any person who violated this article is subject to a fine in the following amounts:

(1) One Thousand Dollars ($1,000.00) for a first violation;

(2) Two Thousand Dollars ($2,000.00) for a second violation if the violator has had a prior violation within six (6) months of the second violation; and

(3) Two Thousand Five Hundred Dollars ($2,500.00) for a third violation or subsequent violation if the violator has had two violations within six (6) months of the third or subsequent violation. Upon discovering a violation, the Clerk-Treasurer will send to the violator a written fine citation. The fine citation is due and payable within thirty (30) days of the date of the notice of the fine citation. If the person or entity receiving the notice fails to pay the fine citation in a timely manner, the Clerk-Treasurer may file a code enforcement action in the Town Court in order to collect the fine. If the Clerk-Treasurer files a code enforcement action, the Town will be entitled to collect from the violator and receive a judgment for the fine and the reasonable court costs and attorney’s fees incurred by the Town in the prosecution of the code enforcement case.

(C) Appeal. Any person or entity receiving a fine citation may appeal the Clerk-Treasurer’s determination that a violation has occurred. Appeals must be filed with the Avon Town Council within 14 calendar days of the receipt of the fine citation. The Town Council will conduct a hearing on the determination within 30 days of receipt of the appeal. The Avon Town Council will provide the appellant with notice of the date of the appeal hearing at least 10 days prior to the hearing. The appellant will be allowed to present testimony and evidence at the appeal hearing. The Town of Avon may also

148 present evidence and testimony. After the hearing is conducted, the Avon Town Council shall make a written determination within 10 days and provide that determination to the appellant. The appellant may appeal that determination to a court of competent jurisdiction.

('95 Code, § 4-71) (Ord. 95-5, passed 11-30-95. Adm. Ord. 2020-08, passed 7-23-20)

149 ARTICLE 6: MEETINGS, ASSEMBLIES AND PARADES IN PUBLIC PLACES

Section 4-75 Definitions 4-76 Permit required 4-77 Exceptions 4-78 Applications for issuance of permit 4-79 Findings required for issuance 4-80 Conditions applicable 4-81 Prior application 4-82 Notice of issuance or denial 4-83 Appeal procedure 4-84 Duty of permittee 4-85 Revocation of permit 4-86 Permit fees 4-87 Reserved 4-88 Public conduct during a meeting, assembly or parade

§ 4-75 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACTIVITY. A parade or public meeting or assembly. FUNERAL PROCESSION. A single direct movement from mortuary or church to the place of burial of a human body, under direction of an authorized funeral director. PARADE. A march or procession of any kind. PUBLIC MEETING OR ASSEMBLY. A planned or organized gathering of a group of persons, or any ceremony, show, exhibition or pageant which may reasonably be expected to result in the gathering of a group of persons, upon any public street, park or other public grounds in such numbers or in such

150 manner so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon, or the free access to the entrance to any building open to the public. (’95 Code, § 4-75) (Ord. 95-5, passed11-30-95)

§ 4-76 PERMIT REQUIRED. It is unlawful for any person to hold, manage, conduct, aid participate in, form, start or carry on any parade or public meeting or assembly, as defined in this article, in or upon a public street, park or other public grounds in the town unless and until a permit to conduct the meeting, assembly or parade has been obtained in compliance with the provisions of this article, except as herein provided. (’95 Code, § 4-76) (Ord. 95-5, passed 11-30-95) Penalty, see § 1-99

§ 4-77 EXCEPTIONS. This article shall not apply to any of the following: (A) Funeral processions; (B) A governmental agency acting within the scope of its functions; (C) Students going to and from school classes or participating in educational activities, providing the activity is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school, district to approve and supervise the activity. (D) Any activity, parade, public meeting or assembly that in the sole determination of the Chief of Police makes a major civil contribution to the town, may have fees waived upon the determination of the Chief of Police that there is a major civic contribution, and that the waiver of fees will not adversely affect law enforcement in the town. The determination of the Chief of Police on the issue of fee waiver is non-appealable. (’95 Code, § 4-77) (Ord. 95-5, passed 11-30-95)

§ 4-78 APPLICATION FOR ISSUANCE OF PERMIT. (A) Application for permits under this article must be filed with the Chief of Police not less than 45 days in advance of the proposed activity. Late applications may be accepted if filed sufficiently in advance of the date of the proposed activity to enable the Chief of Police to determine that the activity will meet the requirements set forth in § 4-79. (B) The application shall be in writing and shall give the following information: (1) The name, address and telephone number of the person requesting the permit. If the activity is proposed to be conducted for, on behalf of or by any organization, the name, address and telephone number of the headquarters of the organization and the authorized head of the organization shall be stated;

151 (2) The name, address and telephone number of the person who will be directly in charge of and responsible for the activity; (3) The purpose of the activity; (4) The date, time and location or route of the proposed activity; (5) The approximate number of persons who will participate in the activity and the number and kind of vehicles, equipment and animals which will be used. (6) Plans for the assembly and dispersal of the parade, including times and locations thereof; (7) A statement as to whether the parade will occupy all or only a portion of the streets proposed to be traversed; (8) A statement as to whether a permit has been requested or obtained from any other city within which the activity shall commence, terminate or occur in part; (9) Any additional information which the Chief of Police, shall find reasonably necessary to a determination of the finding required by § 4-79. (’95 Code, § 4-78) (Ord. 95-5, passed 11-30-95)

§ 4-79 FINDINGS REQUIRED FOR ISSUANCE. The Clerk-Treasurer may issue a permit as provided for hereunder when from a consideration of the application and from other information as may otherwise be obtained, he or she finds that: (A) The conduct of the activity will not substantially interrupt the safe and orderly movement of other traffic. (B) The concentration of persons, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the activity will take place in areas contiguous to the area. (C) The conduct of the activity will not unduly interfere with the movement of firefighting equipment enroute to a fire, or the movement of other emergency equipment; (D) The conduct of the activity is not reasonably likely to cause injury to persons or property; and (E) The activity is not to be held for the sole purpose of advertising the goods, wares or merchandise of a particular business establishment or vender. (’95 Code, § 4-79) (Ord. 95-5, passed 11-30-95) Penalty, see § 1-99

§ 4-80 CONDITIONS APPLICABLE.

The Clerk-Treasurer shall have authority to impose conditions as are necessary to ensure that all of the findings mentioned in §4-79 shall exist during the continuation of the activity. Conditions to the issuance of any permit shall be set forth in the permit. (’95 Code, § 4-80) (Ord. 95-5, passed 11-30-95)

152

§ 4-81 PRIOR APPLICATION. If a prior permit application shall have been made for an activity proposed to be held at the same time or place, the Clerk-Treasurer may refuse approval of the later application. In case of refusal, the Clerk- Treasurer shall forthwith send the applicant a written notice that he may apply for an alternate time and place. (’95 Code, § 4-80) (Ord. 95-5, passed 11-30-95)

§ 4-82 NOTICE OF ISSUANCE OR DENIAL. The Clerk-Treasurer shall act upon the permit application within 15 days of the filing thereof. If he or she disapproves of the application, he shall mail to the applicant, within that 15-day period, notice of the denial and the reason for it. (’95 Code, § 4-82) (Ord. 95-5, passed 11-30-95)

§ 4-83 APPEAL PROCEDURE.

The applicant shall have the right to appeal the denial of a permit to the Town Council. A notice of appeal shall be filed with the Clerk-Treasurer within two days after receipt of notice of the denial. The Town Council shall act upon the appeal at its next meeting following receipt of the notice of appeal. (’95 Code, § 4-83) (Ord. 95-5, passed 11-30-95)

§ 4-84 DUTY OF PERMITTEE. (A) A permittee hereunder shall comply with all terms and conditions of the permit and with all applicable laws and ordinances. (B) The written permit obtained pursuant to this article shall be carried by the person heading or leading the activity for which the permit was issued. (’95 Code, § 4-84) (Ord. 95-5, passed 11-30-95) Penalty, see § 1-99

§ 4-85 REVOCATION OF PERMIT. The Chief of Police may revoke any permit issued hereunder upon the failure of the permittee to comply with the terms and conditions of the permit if the activity, because of the manner in which it is being conducted, or for any other reason, is jeopardizing those elements of the public safety or welfare are set forth in § 4-79. (’95 Code, § 4-85) (Ord. 95-5, passed 11-30-95)

§ 4-86 PERMIT FEES. (A) The fee for a permit under this article shall be $25 payable upon issuance of the permit. No permit shall be issued until the fee payable under this article has been paid in full.

153 (B) A permittee hereunder shall reimburse the town for the actual costs of public safety services including but not limited to fire and police department services rendered to the permittee during the permittee’s activity. Reimbursement shall be paid to the town within 30 days after the receipt of a billing statement issued by the Clerk-Treasurer.

(C) For so long as the town does not have its own Police or Fire Department, a condition of the issuance of any permit may be that the permittee provide at his or her own expense the law enforcement and fire or other safety personnel as the Clerk-Treasurer determines necessary. (’95 Code, § 4-86) (Ord. 95-5, passed 11-30-95)

§ 4-87 RESERVED.

§ 4-88 PUBLIC CONDUCT DURING A MEETING, ASSEMBLY OR PARADE. (A) It is unlawful for any person to unreasonably obstruct, impede or interfere with any parade, public meeting or assembly or with any person, vehicle or animal participating in the parade, meeting or assembly for which a permit has been granted in accordance with the provisions of this article.

(B) The County Sheriff shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof consisting of the route of a parade. The Sheriff shall post signs to the effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. (’95 Code, § 4-88) (Ord. 95-5, passed 11-30-95) Penalty, see § 1-99

Section 4-90 Issuance of Permits § 4-90 ISSUANCE OF PERMITS The town hereby consents to the issuance of retail liquor permits in respect to premises located within the town as permitted by I.C. 7.1-3-9-3. (Ord. 96-25, passed 5-9-96)

154 ARTICLE 8: DRIVEWAY ACCESS PERMITS

Section

4-100 Purpose 4-101 Authority 4-102 Scope 4-103 Standards and guidelines for permit reviews and approvals 4-104 Application for access permits 4-105 Other ordinances 4-106 Fees 4-107 Records 4-108 Traffic Control 4-109 Construction start procedures 4-110 Permit Life 4-111 Access permit bonding 4-112 Penalty

§ 4-100 PURPOSE. The purpose of this article is to promote new access and access modification uniformity throughout the town and establish the access permit application procedures and review standards for obtaining permits to access streets within the town. (Ord. 2001-04, passed 4-26-01)

§ 4-101 AUTHORITY. The Town Manager or designee is hereby authorized to administer and enforce all of the provisions of this article and is thereby authorized to determine and establish such requirements and restrictions for driveway approaches as may be necessary to provide for the drainage of the street, preservation of the street and the safety and convenience of traffic on the street. A written permit application shall be required by the town and, such permit application is found to be in accordance with the regulations and requirements established pursuant to this article, a permit may be granted subject to appropriate

155 conditions and provisions contained therein. All work conducted under such permit shall be performed to the satisfaction of the town. (Ord. 2001-04, passed 4-26-01)

§ 4-102 SCOPE. A new driveway permit shall be required when a new driveway, a new roadway approach, relocation, alteration or remodeling of an access, approach and/or crossover is proposed. The granting or denial of such application shall be governed by the same regulations and judged by the same standards as an application for a permit for a wholly new access, approach, and/or crossover. (Ord. 2001-04, passed 4-26-01)

§ 4-103 STANDARDS AND GUIDELINES FOR PERMIT REVIEWS AND APPROVALS. The Indiana Department of Transportation. Driveway Permit Manual (1996 Version) and amendments thereto is hereby incorporated into and made a part of this article by reference and shall be used as the basis for the review and approval of access permit applications except for those standards which may have been modified and are specifically identified as town standards. (Ord. 2001-04, passed 4-26-01)

§ 4-104 APPLICATION FOR ACCESS PERMITS. (A) Application to the town shall be made on the form as prescribed by the town. The permit application form with accompanying documentation as required shall be submitted containing the number of copies as identified on the form. The application shall consist of the following items: (1) Access permit form. This document shall serve as the initial application and shall become the permit upon approval of the plans for the proposed access approach work. The form will contain the basic information on the front and list the standard general provisions on the back. The form shall be signed by the owner or authorized agent; (2) Permit bonds. A performance bond shall be required to guarantee that work performed on the right-of-way by the applicant will be consistent with the conditions and provisions of the permit. The bonding company shall be bound by the bond to see that the permit is completed satisfactorily should the permittee fail to perform properly. The bond shall cover all work to be performed in the right-of- way. The minimum bond amount shall be $5,000. Thus bond document shall be notarized; and (3) Traffic impact study. A traffic impact study shall be required when warranted in accordance with the INDOT Traffic Impact Study Guidelines and shall be prepared by a registered professional engineer. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway network. (B) Minimum information to be provided with each permit application, as documentation will be that as identified in the INDOT Driveway Permit Manual and as noted on the Application Form. (C) Upon the receipt of the application with all required documentation and attachments the Town Manager or designee shall have 10 business days to review the application. The applicant shall be notified within such 10 business days of the approval or denial of the submitted application.

156 (Ord. 2001-04, passed 4-26-01)

§ 4-105 OTHER ORDINANCES. All work done under any permit issued hereunder shall be in full compliance with the article and all other regulations pertaining thereto. (Ord. 2001-04, passed 4-26-01)

§ 4-106 FEES. In order to defray administrative costs associated with the review of permit applications, the applicant shall, at the time of filing a permit application, pay such fees as required by § 4-1 including any amendments to or replacements of the article. (Ord. 2001-04, passed 4-26-01)

§ 4-107 RECORDS. All applications, descriptions, permits, certificates, and other supporting documents pertaining to the access permits shall become a permanent record of the town. (Ord. 2001-04, passed 4-26-01)

§ 4-108 TRAFFIC CONTROL. Traffic Control shall be required for any encroachments that restrict the natural flow of traffic. All temporary traffic control measures shall conform to the latest addition of the Indiana Manual on Uniform Traffic Control Devices.

§ 4-109 CONSTRUCTION START PROCEDURES. The Town Manager or designee shall be notified 48 hours prior to the start of any construction authorized by a permit issued pursuant to this article. A copy of the approved access permit shall be required to be on site at all times. (Ord. 2001-04, passed 4-26-01)

§ 4-110 PERMIT LIFE. Construction start dates shall be provided on the access permit application. If construction is not completed within one year from the date of permit approval, the applicant may request and the Town Manager or designee may grant a one-time extension up to six months or the permit shall otherwise be considered void. The town may use performance bond proceeds to complete work authorized by the permit. The Town Manager or designee shall be notified when all work has been completed with a request for acceptance. (Ord. 2001-04, passed 4-26-01)

157

§ 4-111 ACCESS PERMIT BONDING. The applicant shall be required to submit proof of insurance for general liability and shall be bondable. A minimum performance bond of $5,000 shall be posted in favor of the town by the applicant. (Ord. 2001-04, passed 4-26-01)

§ 4-112 PENALTY. (A) Any person, firm, or corporation, or any other entity who shall be in violation of this article shall be subject to fine of not more than $500 and costs. Each day an entry or cut is made without the issuance of a proper permit under this article shall constitute a separate offense, and each separate offense shall subject the violator to a separate fine as provided herein. (B) Any agency whose approval is required under this article or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this article.

(C) In addition to any other sanction under this article, a person who fails to install or to maintain the approved controls in accordance with the approved permit shall be liable to the town in a civil action, for damages in an amount equal to double the cost of installing or maintaining the public improvements. (Ord. 2001-04, passed 4-26-01)

158 ARTICLE 9: EXCAVATION AND CONSTRUCTION ON PUBLIC STREETS AND RIGHTS-OF-WAY

Section 4-120 Definitions 4-121 Permits 4-122 Other requirements 4-123 Penalty

§ 4-120 DEFINITIONS. For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. EXCAVATION AND CONSTRUCTION. Installation, repair, and replacement of driveways, curbs, and sidewalks; the installation, repair, and replacement of all public utilities and other utilities, and other projects involving construction activities over, upon, or beneath public streets within the municipal limits. MINOR REPAIRS. Work personally performed by property owners to existing sidewalks or driveways located on public streets abutting their property. Minor repairs may include crack repair, removal and replacement of existing driveways to the same line and grade, or resurfacing. Minor repairs exclude any street curb cut work. PUBLIC STREETS. All public streets and public rights-of-way within the Avon municipal limits. ROUTINE MAINTENANCE. Periodic repair or replacement of utilities or physical components within or adjacent to the public streets, Routine maintenance excludes any street curb cut work. STREET CURB CUT WORK. Work done to or through the actual street surface or curb and gutter section. (Ord. 2002-08, passed 9-12-02)

§ 4-121 PERMITS. (A) Permit required. All excavation, construction, and street curb cut work on public streets within the municipal limits shall require a permit issued by the town upon application of the property owner, licensed contractor or utility performing the work. (B) When permits may not be issued. A permit shall not be issued for excavation, construction or street curb cut work to be done on any street which has been resurfaced within two years of the date of the permit application, unless authorized by the Town Manager or the Public Works Manager.

159 Authorization for a permit within two years of resurfacing shall only be given if the applicant can demonstrate the absence of any reasonable alternative to performing such work on the resurfaced public street. (C) Emergencies. In an emergency involving a risk to public health or safety, construction or excavation may be commenced without a permit provided the person or entity performing the work has made a reasonable effort to inform the municipality and any utility whose facilities might be involved, and shall make written application for a perm it at the beginning of the next business day. (D) Work commenced without a permit. Work commenced without a permit, or adherence to this section’s emergency provisions, may result in the imposition of fines for each day the work is undertaken or a public street is left in disrepair as a result of work done without a permit. (E) Fees. All permits except those for minor repairs, routine maintenance, entities exempted by a written municipal agreement, and initial installation of public improvements within new subdivisions, shall pay a permit fee as authorized by the Town Council by ordinance. A base permit fee shall be required for any excavation or construction necessary for a single connection, a single driveway and adjoining sidewalk, or a cut for installing facilities, not exceeding 100 linear feet on public streets. The permit fees for excavation and construction of projects exceeding 100 linear feet will consist of the base permit fee plus an additional fee for each linear foot of excavation and construction in excess of 100 linear feet. (F) Duration of the permits. All permits shall expire within 30 days of the commencement of the work authorized by the permit, unless a longer period of time, not exceeding 60 days, has been requested at the time of the permit issuance. The Town Manager or the Public Works Manager may extend a permit beyond its original term for up to 60 days, if applicant can demonstrate the need for additional time to complete the work. (Ord. 2002-08, passed 9-12-02)

§ 4-122 OTHER REQUIREMENTS. (A) Bond requirement. A bond will be provided to the town to assure the proper repair of the public street before commencement of the work or immediately thereafter in the case of an emergency. The amount of the bond will be determined by the town staff. (B) Public safety precautions. “Street Closed” and/or “Men Working” signs must properly mark the work site. Barricades and flagmen (if necessary) must separate exposed work from vehicle and pedestrian traffic. No trenches are to be left open overnight. (C) Responsibility for maintenance. It shall be the responsibility of the person or entity issued a permit to make sure that the public streets in or on which they perform work are properly repaired at the completion of the work and that particular places where the work was done are kept in good condition for a period of three years after the completion of the work. If the permit holder fails to perform proper repairs or maintenance for the three-year period, the town may perform any repair or maintenance work and bill the permit holder.

160 (D) Additional rules and regulations. The Town Council may adopt excavation specifications standards and rules for the making of cuts, for related matters involving excavations and restoration of pavements or surfacing. (E) Relocation of public utilities. (1) Purpose. The Town of Avon (“Avon”) is authorized to manage and regulate the rights-of- way of highways located in the Town of Avon. The purpose of this section is to establish a procedure for road improvement projects that involve the relocation of utility facilities by pro providing for the exchange of information and the implementation of their respective responsibilities among Avon, utilities, and the contractors. (2) Applicability. a. This section applies to improvement projects by Avon for which is paid solely from local funds. b. This section does apply to public highways improvements projects conducted by the Indiana Department of Transportation (“INDOT”) or its designee or for improvement projects for which Avon received federal funding. In these events, the INDOT regulations in 105 IAC 13 shall be used between the parties. (3) Definitions. a. "Compensable work" means facility relocation for which Avon will reimburse the utility under Indiana law. b. "Contractor" means the person or entity that enters into a contract with Avon for an improvement project. c. "Day" means any calendar day of the year. If more than one (1) day, the term includes any consecutive day or days of any year or years. d. "Facility" shall include all privately, municipally, publicly, or cooperatively owned systems for supplying: i. communications; ii. power; iii. light; iv. heat; v. electricity; vi. gas; vii. water; viii. pipeline; ix. sewer; x. sewage disposal; xi. drain; or xii. like; service, directly or indirectly, to the public. The term includes cable television systems. e. "Facility relocation" means any activity involving a facility that is needed for an improvement project including, but not limited to, the following: i. Abandoning. ii. Altering. iii. Deactivating. iv. Installing.

161 v. Maintaining. vi. Modifying. vii. Moving. viii. Removing. ix. Supporting. f. "Highway" means any roadway under the jurisdiction of Avon or where an improvement project is planned. g. "Improvement project" means the construction, reconstruction, rehabilitation, and process incidental to building, fabricating, or bettering any of the following: i. Projects within the town parks or other roadways Avon is required by statute to build and maintain. ii. A local project administered by Avon, including but not limited to road projects and road-related projects. The term does not include routine maintenance. h. "Major project" means an improvement project that due to scope or complexity, involves a long-term design process of more than twelve (12) months or is otherwise designated by Avon as a major project. i. "Minor project" means an improvement project that due to scope or complexity, involves a short-term design process of less than twelve (12) months or is otherwise designated by Avon as a minor project. j. "Project plan" means the plans for the improvement project suitable for the design of facility relocation that Avon sends to the utility. k. "Utility" means the owner of a facility. l. "Work plan" means a plan of the utility to carry out facility relocation to accommodate an improvement project. (4) Identification and Notification. a. Avon shall send by U.S. certified mail to the identified utility an initial notice of the proposed improvement project. A notice shall include the following: i. The name or route number, or both, of the highway. ii. The geographical limits of the improvement project. iii. A general description of the work to be done. iv. The anticipated date an approved work plan will be needed. v. The anticipated ready for contract date of the improvement project. vi. The name of the designer and other contact information, if available. vii. Avon’s determination of whether the project is major or minor. Avon shall inform the utility of the latest anticipated dates with each notice. b. Within thirty (30) days after receiving the initial notice, the utility shall respond in writing to Avon with a: i. description of the type and location of its facilities within the geographical limits of the proposed improvement project; or ii. statement that the utility has no facilities within the geographical limits of the improvement project. c. Avon will list the utilities and identify the locations of all facilities identified on one (1) or more plan sheets (5) Verification of Existing Facilities.

162 a. Avon shall send by certified mail to each utility a copy of the plan sheets that shows all existing facilities known to Avon that are within the right-of-way of the improvement project or the geographical limits of the improvement project. b. Each utility shall do the following within thirty (30) days of receiving the plan sheets: i. Review the accuracy of the plan as to the location of its existing facilities. ii. Declare in writing to Avon whether the information is accurate or inaccurate. iii. Detail in writing to Avon any inaccuracies in the information. Failure to reply within the allotted time shall be deemed verification that the information is accurate. (6) Work Plan Development. a. In conjunction with the mailing the plans sheet(s) identified in section (5), Avon will send by mail preliminary project plans to the involved utilities. After receiving the preliminary project plans, each utility shall do the following: i. Review the preliminary project plans. ii. Declare in writing to Avon whether there are or are not conflicts between its facilities and the improvement project. iii. Detail in writing to Avon any conflicts between its facilities and the proposed improvement project within: 1. thirty (30) days for minor projects; or 2. sixty (60) days for major projects. Failure to reply within the allotted time shall be deemed an indication of no conflicts. In the event of conflicts, the utility may recommend design changes for the improvement project to minimize utility costs or delays. Avon will review the recommended changes and implement the changes where appropriate. b. After completion of the preliminary project plan development, Avon will proceed with the development of final project plans for the improvement project. Avon shall send by mail to the utility a copy of the preliminary final project plans for the improvement project, generally before those plans are complete, but which shall have sufficient detail to allow the preparation of the utility work plan. The utility shall use the preliminary final project plans to develop and provide to Avon its work plan. A work plan shall be submitted: i. whether or not any facility relocations are required; and ii. within: 1. sixty (60) days after receiving the preliminary final project plans for a minor project; and 2. one hundred twenty (120) days after receiving the preliminary final project plans for a major project. If a utility or Avon determines there is a potential for conflict between work plans, Avon will schedule a meeting. Avon and the affected utilities will attend to coordinate the work. An additional thirty (30) days will be allowed to furnish the work plan if coordination is required with another utility or utilities. Additional time may be allowed by the department for unusually complex or extensive facility relocations, but not more than one hundred eighty (180) days. c. The work plan shall include the following: i. A narrative description of the facility relocation that will be required. ii. A statement whether the facility relocation is or is not dependent on work:

163 1. to be done by: a. another utility; or b. Avon or contractor; or 2. on the acquisition of additional right-of-way; with a description of that work. iii. A statement whether the utility is or is not willing to allow the contractor to do the required work as part of the highway contract. iv. The: 1. earliest date when the utility could begin to implement the work plan; and 2. number of days to complete the required work. v. The expected lead time in days to: 1. obtain any required permits; 2. obtain materials; 3. schedule work crews; and 4. obtain the necessary additional right-of-way. vi. A drawing of sufficient detail and scale to show the proposed location of the facility relocation. d. For work that the utility is believes it is entitled to be compensated by Avon, the work plan shall also include a cost estimate for the facility relocation including appropriate credits for betterments and documentation of easements and compensable land rights. e. Avon shall review the work plan to ensure that it: i. is compatible with: 1. Avon permit requirements; 2. the project plans; 3. the construction schedule; and 4. other utility relocation work plans; and ii. has a reasonable: 1. relocation scheme; and 2. cost for compensable work. f. If the work plan submitted by the utility is not compatible or reasonable, Avon shall notify the utility by mail as soon as practicable. The utility shall submit a revised work plan within thirty (30) days of receipt of the notification by Avon. Avon shall review the revised work plan, and, if the work plan is still not compatible or reasonable, Avon will prepare an alternative work plan for submission to the utility. Within thirty (30) days of receipt by the utility of the alternative work plan, the utility may accept the alternative work plan or request, in writing, specific changes. Avon shall review any requested changes to the alternative work plan. Avon shall adopt a final work plan that considers the interests of the utility, contractor, and public, to ensure safety and reliability of the utility facilities and the highway and avoid the imposition of unnecessary and unreasonable costs. The final work plan adopted by Avon will be the approved work plan; and g. A highway utility agreement, if required, shall be executed at this time. h. Avon shall notify the utility by mail as soon as practicable when the final work plan is approved. (7) Construction.

164 a. Avon shall notify the utility by mail not less than thirty (30) days before the utility is required to begin the implementation of the approved work plan. The utility shall acknowledge the notification by mail within fifteen (15) days. b. Avon will include or reference a copy of each approved work plan in the highway contract. c. If an approved work plan is dependent on work by the contractor, the contractor shall do the following: i. Provide Avon and the utility a good faith notice not less than fifteen (15) days before the contractor's work is expected to be complete and ready for the utility to implement its work plan. ii. Follow up with a confirmation notice to Avon and the utility not less than five (5) days before the contractor's work will be complete so that the utility may implement the work plan. d. The utility shall notify Avon and contractor, if identified, as follows: i. At least five (5) days before beginning fieldwork within the right-of-way. ii. When the work is complete. (8) Work Revision Plans. a. If, before the letting date of the improvement project, the project plan is revised so that additional facility relocation work is found necessary, i. Avon shall: 1. furnish to the utility the revised project plan; and 2. identify to the utility the revisions within the project plan; and ii. The utility shall provide to Avon a revised work plan, except that the time allowed for the utility to submit the revised work plan after receiving the revised project plan shall not exceed sixty (60) days. b. If, after the letting date of the improvement project, additional facility relocation is found necessary, Avon shall notify the utility to prepare an expedited work plan as soon as practicable for submission to Avon. (9) Responsibilities. a. The utility, contractor, and Avon shall perform the duties imposed by the approved work plan and contract within the time frames specified. b. Factors that shall excuse a utility from meeting the schedule in its approved work plan include the following: i. The facility relocation was impacted by any of the following: 1. Significantly differing site conditions. 2. Unexpected impacts of other utilities. 3. Other unforeseen circumstances that could not have been reasonably anticipated through due diligence. 4. A force majeure event. ii. Occurrence of severe weather or other factors beyond the control of the utility directly affecting the approved work plan. iii. The final project plans differ substantially from the plans provided to the utility. iv. If a facility is discovered during the process required by IC 8-1-26, has not been previously identified as being within the improvement project limits, and the utility can show the following:

165 1. The facility was installed after the date Avon identified the affected facilities as described above. 2. A proper permit was obtained for the installation of the facility from Avon. c. If an approved work plan requires adjustment due to the occurrence of one (1) or more factors enumerated in subsection (b), Avon and the utility shall proceed as directed in section 8(b) of this rule. (Ord. 2002-08, passed 9-12-02; Am. Ord. 2008-20, passed 8-14-08; Am. Ord. 2015-03, passed 2-26-15; Am. Ord. 2019-27, passed 12-19-19)

(F) Underground and Buried Utility Districts.

(1) The Town hereby establishes an Underground and Buried Utilities District (“Area”) to apply throughout the Town’s ROW and granted utility easements in zoned residential areas where all existing utility infrastructure is already buried, and is hereinafter defined as follows: (a) In all residentially zoned areas of the Town where no overhead or above ground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying communication services currently exist; (b) In all residentially zoned areas of the Town where planned road projects, redevelopment areas or economic development areas, or both, provide for and require underground buried utilities and utility facilities for communication service providers; (c) Notwithstanding subsections (a) through (b) above, any utility that requires construction, placement, or use of a small cell facility in an Area designated strictly for underground or buried utilities, may submit an application to the Public Works Department requesting a waiver to install new utility poles or new wireless support structures within the Area under provisions defined by local law, as amended. A utility may appeal a denial of such application to the Avon Plan Commission by filing with the Public Works Department within 30 days of the denial a written notice of appeal, stating the reasons for the appeal; (d) Upon receipt by the Public Works Department of an application for construction, placement, or use of a small cell facility on one or more new utility pole or one or more new wireless support structure in an area that is designated strictly for underground utilities, the Public Works Department will post notice of the application on the Town’s website and state that the application is available for public inspection upon request; and (e) Neighborhood associations or homeowner’s associations may register with the Town to receive notices of any application filed under this section for permits in the association’s jurisdictional area. Instructions for registration will be posted on the Town’s website.

(2) Communications service provider may erect or construct any pole, overhead line, or associated overhead structure used or useful in supplying communication services within the Town’s ROW or granted utility easement located in residentially zoned areas where all existing utility infrastructure was buried prior to April 14, 2017.

166 (3) Unless a waiver is obtained or the Town’s Public Works Department otherwise expressly authorizes to the contrary, all communication service providers located within the Town’s ROW or a granted utility easement shall be placed underground or buried in areas that are zoned residential and where all existing utility infrastructure was buried prior to April 14, 2017.

(4) All existing overhead poles, wires, or utility transmission lines, used by communications service providers, may remain within the Town’s ROW or utility easement, but may not be replaced or relocated without prior written authorization of the Public Works Department, except:

(a) providers may collocate small cell facilities on existing utility poles and wireless support structures;

(b) providers may perform routine maintenance on wireless facilities and replace wireless facilities with wireless facilities that are substantially similar to or the same size or smaller than the wireless facilities being replaced; and

(c) providers with authority to use public rights-of-way may install, place, maintain or replace micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes.

(Ord. 2002-08, passed 9-12-02; Am. Ord. 2008-20, passed 8-14-08; Am. Ord. 2015-03, passed 2- 26-15; Adm. Ord 2017-08, passed 4-27-17; Amd Ord. 2018-30, passed 12-20-18)

§ 4-123 PENALTY. Any person or entity violating this article is subject to a fine in the amount of $500 per day, plus the cost of the required permit. This article may be enforced through the Avon Ordinance Violations Bureau. (Ord. 2002-08, passed 9-12-02; Am. Ord. 2015-03, passed 2-26-15)

167 ARTICLE 10: HOUSE, APARTMENTS, GARAGE AND YARD SALES

Section 4-135 Regulations 4-136 Reserved 4-137 Reserved 4-138 Reserved

§ 4-135 Regulations. House, Apartment, Garage, and Yard Sales may be allowed in any residential district subject to the following conditions: (A) Sale merchandise shall be limited to the personal possessions of the owner-occupant of the dwelling unit at which such sale is being conducted. (B) Such use shall be limited to a period not to exceed three (3) consecutive days. (C) No more than two (2) such sales shall be conducted from the same residence in any twelve- month period (D) The hours of operation shall be limited to 8 a.m. to 8 p.m. (E) One sign, not to exceed six (6) square feet in area, may be permitted in connection with the sale, provided such sign shall be placed only in the yard of the premises conducting the sale. (F) Violations may be enjoined under state law. Violations may be enjoined under provisions of I.C. 36-1-6-4. Penalties may be assessed as provided for in Section 1-99 of the Town Code.

(’95 Code, § 4-138) (Ord. 95-5, passed 11-30-95; Am. Ord. 2018-15, passed 6-14-18) Penalty, see § 1-99

168 ARTICLE 11: MOTOR VEHICLE INSPECTION FEES AND POLICE DEPARTMENT INCIDENT REPORT ACCOUNT FEES

Section 4-142 Motor vehicle inspection by police 4-143 Police Department Special Inspection Fund Account 4-144 Special Vehicle Inspection Fund; Expenditures

§ 4-142 MOTOR VEHICLE INSPECTIONS BY POLICE. A regular member of the Avon Police Department may, on demand inspect a motor vehicle and shall make a record of the inspection upon the application form prepared by the Indiana Bureau of Motor Vehicles and shall verify the facts set out in the application. (’95 Code, § 4-142) (Ord. 95-05, passed 11-30-95)

§ 4-143 POLICE DEPARTMENT SPECIAL INSPECTION FUND ACCOUNT. There is established, pursuant to state law, as amended, an account to be designated as the Avon Police Department Special Vehicle Inspection Fund Account. An inspection fee of $5 shall be assessed for each motor vehicle inspected which inspection fees shall be deposited in the Special Vehicle Inspection Fund established and controlled by the Clerk-Treasurer of the town. Inspection fees shall be remitted to the Clerk-Treasurer at least once each week. (’95 Code, § 4-143) (Ord. 95-5, passed 11-30-95)

§ 4-144 SPECIAL VEHICLE INSPECTION FUND; EXPENDITURES. The Special Vehicle Inspection Fund may only be expended, after 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 town. (’95 Code, § 4-144) (Ord. 95-5, passed 11-30-95)

169 ARTICLE 12: OFFICIAL FEES

Section 4-150 Fee schedules 4-151 Miscellaneous provisions 4-152 Reserved 4-153 Reserved 4-154 Inspection schedule 4-155 Applicants for design review 4-156 Reserved 4-157 Charges for purchases of Avon Town Code 4-158 Financial review Appendix A: Official Fee Schedule Appendix B: Design Review and Construction Costs Appendix C: Avon Fire Department Appendix D: Financial Review Fee

§ 4-150 FEE SCHEDULES. (A) The table of Appendix A lists the town’s official fees.

(B) A separate Planning, Zoning and Building Administrative Fee Replacement Fund is hereby established by the Clerk-Treasurer for the deposit of all fees collected in regard to the publications sold. This Replacement Fund must be used for the copying and/or printing of additional publications. (’95 Code, § 4-150) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-19, passed 4-25-96; Am. Ord. 97-13, passed 2-21-97)

§ 4-151 MISCELLANEOUS PROVISIONS. (A) The cost of a certificate of occupancy is included in the improvement location permit or building permit. (B) Applications and petitions shall be accompanied with the proper fee payment. Checks or money orders must be made payable to the Avon Planning and Building Department.

170 (C) (1) Until the applicable fees have been paid in full, no land use petition or application shall be processed by the Planning and Building Department. (2) Until all applicable fees are paid in full, no building permit shall be issued by the Planning and Building Department. (D) All fees paid are non-refundable.

(E) All permit fees are tripled if the construction is started before securing a building permit. This penalty will be based on the base permit fee and will not include any amounts based on square footage. (’95 Code, § 4-151) (Ord. 95-5, passed 11-30-95; Am. Ord. 97-17, passed 3-27-97; Am. Ord. 2009-13, passed 6-11-09)

§ 4-152 RESERVED.

§ 4-153 RESERVED.

§ 4-154 INSPECTION SCHEDULE. The following inspection program and fee schedule applies to the construction of any drainage, storm sewer facilities and public streets, burbs and/or sidewalks in a private or public development within the town when required by an ordinance or act of the town or any of its agencies. (A) Services by engineer and engineering personnel. (1) The engineer will provide observation and testing services during the construction of drainage and storm sewer facilities and public streets, curbs and/or sidewalks, in assigned projects to determine whether the infrastructure is constructed in substantial conformance with approved plans and specifications. (2) The engineer will provide inspecting engineer’s project representative, inspectors, clerical and secretarial personnel as required for a period of time necessary to complete the construction project and prepare a final construction report. (a) The qualifications and experiences of personnel provided by the engineer are subject to approval by the town. No personnel shall be assigned to the project until approval is obtained. (b) The inspecting engineer’s project representative will take directions from and report to the town’s assigned project manager on all matters concerning contract compliance and administration. (c) The inspecting engineer’s project representative will coordinate project activities with the town’s assigned project manager. (3) The engineer will:

171 (a) Serve as the town’s liaison with the developer/contractor, working principally through the developer’s/contractor’s field superintendent or other person in authority as designated by the developer/contractor. Acting in liaison capacity, the inspecting engineer’s project representative shall be thoroughly familiar with the plans and specifications applicable to the project and observe the construction for compliance with respect to all provisions therein. Any deviation observed shall be reported in writing promptly to the town by the inspecting engineer’s project representative. (b) Review the construction prepared by the developer/contractor. (c) Cooperate with the town in dealing with the various agencies having jurisdiction over the project. (d) Furnish all equipment necessary to sample and test materials in accordance with the specifications and standards of the Indiana Department of Transportation and the American Public Works Association. (e) Conduct on-site inspections as a basis for determining that the project is proceeding in accordance with the approved plans. (f) Provide on-site independent assurance testing of material sin accordance with Indiana Department of Transportation procedures, and in accordance with current accepted practices, ordinances and standards of the town. (g) Accompanying visiting inspectors, representing other agencies having jurisdiction within the project, and report details of the inspection to the town. (h) Verify that required testing has been accomplished. (i) The engineer must notify in writing the developer/contractor and the town of any substandard work. (j) Consider and evaluate the developer’s/contractor’s suggestions for modifications in drawings and/or specifications and report them with recommendations to the town’s assigned project manager. (k) Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, decisions, general observations and specific observations and specific observations with regard to test procedures. The engineer shall furnish copies of the diary or log book to the town. (l) Prepare the final project documents required by the town. (m) Furnish to the town at periodic intervals, as required, progress reports of the project. (n) Inspection to include but not limited to the following: 1. Bedding and backfill of storm sewers; 2. Installation of manholes, catch basins and inlets; 3. Inspection of subgrade for horizontal and vertical alignment and compaction;

172 4. Inspection of rough and final grading of swales, ditches and detention/retention facilities; 5. Inspection of forms prior to placing concrete for structures, curb or pavement; 6. Inspection during paving with either asphalt or concrete; 7. Testing of construction materials by private companies may be called for on any of the above phases as required by the project manager or as requested by the town; 8. On-site verification of testing and as-built survey information including review of all as- built plans by design engineer; and 9. A visual on-site inspection may be required on an annual basis to determine any failures of materials that were inspected during construction.

(B) Schedule. (1) The engineer shall commence their services on a project upon notification by the town. (2) The engineer shall attend a pre-construction meeting with the developer/contractor prior to commencement of construction. (3) The engineer shall deliver the final inspection records to the project manager within ten calendar days after satisfactory completion of the project. (4) The engineer may be responsible for annual inspections of each subdivision completed while under inspection of the engineer. The annual inspections shall be continued for a term of three years. If inspection is required, the engineer shall deliver inspection records to the project manager within ten calendar days after completion of inspection. (5) The inspection cost estimate will be based on an average of 20 hours per week of inspection and testing. (C) Information and services by town. (1) Provide a town engineer with decision making authority on all inquiries. (2) The town shall supply the engineer with one set of approved subdivision or commercial plans in a minimum of five calendar days prior to work. (D) Compensation to engineer; amount of payment. (1) The engineer shall receive as payment for the work performed under this agreement a fee as outlined below unless a modification of the agreement is approved in writing by the town. (a) For those services performed by the engineer, the engineer will be paid by the developer/contractor on the basis of actual ours of work performed by essential personnel exclusively on this contract at the hourly rate listed below. Direct non-salary costs shall be the actual out-of-pocket expenses of the engineer directly attributable to the contract.

173 (b) For those services performed by other than the engineer, the engineer shall be reimbursed by the developer/contractor for the actual invoice for the services performed by other than the engineer, provided that each invoice shall be subject to approval as reasonable by the town prior to any reimbursement therefore. (2) If prior to the satisfactory completion of services included under this agreement the total of the direct and indirect costs incurred by the engineer is within 5% of the maximum amount payable for the work, the engineer will prepare and submit to the town and the developer/contractor an estimate of the cost to complete the work. Work will not resume until an adjusted maximum amount payable has been determined and a supplement executed. (3) Compensation rates to be utilized for this contract are as follows:

CLASSIFICATION HOURLY RATE

Project Inspector $65 Project Engineer $90 Reimbursable Testing services $500 estimated per Subdivision

(E) Method of payment. (1) Payment shall be made by the developer/contractor monthly to the engineer upon submission of the invoice to the developer/contractor and the town. Final certification of work by the engineer shall not be released until final payment has been paid by the developer/contractor to the engineer. (2) The town has established $65/hour per inspector and $90/hour per engineer per developer/contractor’s crew as appropriate for the inspection services. (3) The developer/contractor shall compensate the engineer $50/hour for time spent attending the preconstruction conference, making visual on-site inspections that may be requested after the construction is complete and, if requested, an in-office evaluation of the design or the design or the construction as may be required. The developer/contractor shall pay an administrative fee of$250 for each project payable at the beginning of the project. This fee will cover the costs of preparation, attendance at the preconstruction conference and inspector supervision. (4) If the developer/contractor fails to pay the engineer within 30 days of receipt of invoice and documentation, the engineer shall report the failure to the designated town project manager.

174 (5) The engineer certifies and warrants to the town that neither he nor any of his agents, representatives or employees who will participate in any way in the performance of the engineer’s obligations hereunder has, or will have, any conflict of interest, be employed or have ownership in the developer/contractor whose work he is overseeing, direct or indirect with the town and/or any project to which he may be assigned. (6) The engineer shall provide timely invoices to the developer/contractor and the town. (’95 Code, § 4-154) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-21, passed 4-25-95; Am. Ord. 2000-18, passed 11-30-00)

§ 4-155 APPLICANTS FOR DESIGN REVIEW. (A) Applicants for design review or construction management review will be assessed the costs listed in Appendix B and Appendix C. (B) All fees will be payable directly to the engineering service designated by the town for Appendix B and the Avon Fire Department for Appendix C.

(C) Applicants for design review or construction management review will be required to deposit with the engineering service designated by the town a sum sufficient to pay for the services to be provided. The deposit will be determined by the engineer, and a detailed estimate will be in good faith, and will be anticipated to cover the cost reasonably associated with the services required. In any event, the sums paid to the engineer will be based on the actual service provided at the rates set out above. (’95 Code, § 4-155) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-20, passed - -96; Am. Ord. 2007-01, passed 1-25-07)

§ 4-156 RESERVED.

§ 4-157 CHARGES FOR PURCHASES OF AVON TOWN CODE. The Town Council has set the following fees: (A) Purchase price per copy is $250. (B) Copying charge per page is $.35

§ 4-158 FINANCIAL REVIEW. (A) Whenever the Town Council or other body of the town determines that a financial review is necessary of a matter before the town, the petitioner shall pay directly to the financial consultant, the total cost of the financial review according to the fee schedule in Appendix D. Financial consultant shall submit invoice to petitioner and invoice shall be paid in full prior to the town taking final action on the matter.

175 (B) Matters include but are not limited to a request for tax abatement, annual review of tax abatement forms, rezoning petitions and a request for economic development incentive. (Ord. 2019(A), passed 9-9-10)

176 APPENDIX A: OFFICIAL FEE SCHEDULE

OFFICIAL FEE SCHEDULES Development Review Fees

Primary Plat Major $600, plus $10 per lot Minor $500, plus $10 per lot Waiver $25 per SCO waiver Secondary Plat Major $650 Minor $650

Plat Amendment Replat $350, plus $10 per lot Plat/Easement Vacation $225

Development Plan Review $800, plus $25 per waiver, plus $25 per acre

Amendment $800, plus $25 per waiver, plus $25 per acre

PUD preliminary plan $1,000, plus $50 per acre PUD Primary Plat/DPR (secondary review) $800, plus $10/lot plus $25/waiver PUD Amendment/replat $1,000, plus $10/ lot $25/waiver PUD Secondary Plat $650

Commitment Amendment $250

177 OFFICIAL FEE SCHEDULES Development Review Fees

Zoning Amendment $600, plus $25 per acre Zoning Letter $50 Deviation Standard Variance $400, plus $25 per each additional variance

Use Variance $550 Special Exception $550

Newspaper Legal Ad $40 Administrative Appeal $150 Clerk-Treasurer’s Office Copy fees $.10 Returned check – first time $40 Second time $20 Pawn broker $250 Direct sellers - 1 day $40 1 week $75 1 month $150 Assembly fee $25 Business Alarms $50 per year Renewal late fee $25 per each late month Halloween event Town code $.10 per page Recordings on CD $.50 per copy Photos and drawings Cost of reproduction Credit Card Transaction Fee $3

178 Other/Publications Thoroughfare plan $30 Storm drainage, erosion and sediment control ordinance $20 Plan Commission or Board of Zoning Appeals Rules of Procedure $5 Town map $25

OFFICIAL FEE SCHEDULES Building Administration Residential Uses Principal use (a) Single-family dwelling $300, plus $.10 per square foot (b) Two-family dwelling $400, plus $.10 per square foot (c) Multi-family dwelling $500, plus $.10 per square foot, plus $50 per unit

Accessory use; garage, storage or other structure on a $50, plus $.10 per square foot Permanent foundation

Additions (a) One to three additional rooms $50, plus $.10 per square foot (b) More than three rooms $100, plus $.10 per square foot Fences $100, plus $.10 per lineal foot Remodeling (a) Principal; no additional rooms $100, plus $.10 per square foot (b) Accessory; no additional rooms $50 plus $.10 per square foot Swimming pool $175 Electrical, plumbing heating and air conditioning $75

179 OFFICIAL FEE SCHEDULES Building Administration Re-Roofing: (a) One additional layer $75 (b) Complete removal $75 Relocation (a) One additional layer $75 (b) Complete removal $75 Relocation (a) Principal $100 (b) Accessory $60 Demolition (a) Principal $100 (b) Accessory $100 Mobile home; temporary use $100 Commercial Uses Principal use $550, plus $.10 per square foot Accessory use $100, plus $.10 per square foot Addition $100, plus $.10 per square foot Remodeling (a) Remodel $250 plus $.10 per square foot (b) Addition $300 plus $.10 per square foot Electrical, plumbing, heating and air conditioning $50 plus $.10 per square foot Roofing (a) One additional layer $75 (b) Complete removal $100 Relocation (a) Principal $125

180 (b) Accessory $75 Demolition (a) Principal $150 (b) Accessory $125 Industrial Principal $550, plus $.10 per square foot Accessory use $250, plus $.10 per square foot

181 OFFICIAL FEE SCHEDULES Building Administration Industrial Addition $250, plus $.10 per square foot Remodeling (a) Principal $300 plus $.10 per square foot (b) Accessory $200 plus $.10 per square foot Electrical, plumbing, heating and air Conditioning $75 Roofing (a) One additional layer $75 (b) Complete removal $100 Relocation (a) Principal $125 (b) Accessory $75 Demolition (a) Principal $175 (b) Accessory $125 Reinspection fees $100 per inspection All structures greater than 120 square feet located on less than 20 acres require a permit based on the residential fee structure Agricultural Uses Proposed ordinance which adds a permit requirement for storage pods and dumpsters $50 Signs Master signage plan $375 Common signage plan NA Sign permit $275 Temporary sign permit $100

182

OFFICIAL FEE SCHEDULES Commercial Parking Lots Fences (greater than 6 feet in height) $100 plus .10/lineal foot Temporary Use Permit $50 Sexually Oriented Business Permit fee $1,500 Certificate of Occupancy $350 Licenses NA (a) Retail facility $250 (b) Entertainment facility $250 (c) Licenses for individual managers and performers NA Publications Building Code $10 Signs Temporary $100 Permanent $275

(’95 Code, § 4-150) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-19, passed 4-26-96; Am. Ord. 97-13, passed 2-21-97; Am. Ord. 99-12, passed 8-12-99; Am. Ord. 2004-03, passed 2-12-04; Am. Ord. 2008- 30, passed 12-4-08; Am. Ord. 2015-27, passed 1-12-16; Am. Ord. 2016-16, passed 4-28-16; Am Ord. 2019-13, passed 10-10-19)

183 APPENDIX B: DESIGN REVIEW AND CONSTRUCTION COSTS TOWN ENGINEER FEES Major Subdivision Review Preliminary $350 plus $10 per lot (residential) $500 plus $5 per acre (commercial/industrial) Final $500 plus $5 per acre (commercial or industrial) $550 plus $25 per lot (residential) Plan Commission meetings NA Traffic study review $850 Waivers $75 Stormwater pollution prevention plan review $350 Conceptual Drainage Plan Review $800 Preliminary Plat & Drainage Calculation Review $1,100 Plat Amendment/Re-Plat $1,100

Secondary Plat, Construction Plan, Drainage Calculation & $1,650 SWPPP Review

Final Plat & Bond Estimate Review for Recording (mylar) $400.00

Minor Plat Final plat review $350 Preliminary Plat & Drainage Calculation Review $800 Plat Amendment/Re-Plat $800

Secondary Plat, Construction Plan, Drainage Calculation & $1,100 SWPPP Review

Final Plat & Bond Estimate for Recording (mylar) $275.00

Site Plan Review Preliminary NA Final NA Development plan review $850 plus $25 per acre

184 Plan Commission meetings NA Planned Unit Development (PUD) Preliminary Plan-Zoning/PUD Document $1,100 Secondary (Final) Plan-Primary Plat & Preliminary Drainage $1,100 PUD Amendment/ Re-Plat $1,100

Secondary Plat, Construction Plans, Final Drainage $1,650 Calculation & SWPPP Review

Final Plat & Bond Estimate Review for Recording (mylar) $400

Development Plan

Construction Plan, Drainage Calculation & SWPPP Review $1,200

Zoning Amendment

Zoning Amendment $800.00

Continuances; Revision or Amendment to a Plat or an Approved Plan Applies to preliminary and final review for subdivisions and site development plans Plan review and meetings after continuance $500 Traffic study review after continuance $550 plus $25 per acre (commercial or industrial) $550 plus $25 per lot (residential) Revisions – Approved Unrecorded Plat Residential $550 plus $5 per lot Commercial/industrial $550 plus $25 per acre Development plan amendment $850 plus $25 per acre

TOWN ENGINEER FEES Miscellaneous Site consultation/Inspection $135/hour plus $0.50/mile Board of zoning appeals $90 per hour As built plan review $500

185 Performance bond review NA Final plat review for recording $400 Zoning certification letter $50 Engineer’s Estimate Review for Bonding $275.00 Subdivision Control Ordinance Waiver Review $135 for First Waiver plus $75 for each additional Fiscal Plan Review 0 – 100 lots $1,000 101 – 200 lots $1,500 Over 200 lots $2,000 Public Works Driveway permit $275 Right-of-way permit $125 plus $.50 per linear foot > 100 feet PARK RENTAL FEES Avon Resident Half day – half shelter/full shelter $40/$50 Whole day – half shelter/full shelter $65/$90 Avon Non-Profit Half day – half shelter/full shelter $40/$50 Whole day – half shelter/full shelter $65/$90 Avon Corporate Half day – half shelter/full shelter $55/$85 Whole day – half shelter/full shelter $80/$135

186 PARK RENTAL FEES Non-Avon Resident Half day – half shelter/full shelter $55/$60 Whole day – half shelter/full shelter $100/$110 Non-Avon Non-Profit Half day – half shelter/full shelter $55/$60 Whole day – half shelter/full shelter $100/$110 Non-Avon Corporate Half day – half shelter/full shelter $100/$125 Whole day – Half shelter/full shelter $160/$175 POLICE DEPARTMENT Photographs $0.30 per photograph Audiotape $5 per audio tape Incident report $0.10 per page Accident report $10 per report Reports over 50 pages $0.04 per page Fingerprints $5 per card Vehicle identification check $5 Criminal history check $7 Other copying $0.10 per page Vehicle release fee $25 per release certification Vehicle storage fee $20 per day Law enforcement recordings (as defined by I.C. 5-14-3-2(k)) $150 per copy (’95 Code, § 4-154) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-20, passed ---96; Am. Ord. 2000-8, passed 7-27-2000; Am. Ord. 2002-06, passed 5-23-02; Am. Ord. 2004-03, passed 2-12-04; Am. Ord. 2008-05, passed 4-24-08; Am. Ord. 2008-30, passed 12-04-08; Am. Ord. 2015-7, passed 5-14-15; Am. Ord. 2016-31, passed 8-25-16)

187 APPENDIX C: AVON FIRE DEPARTMENT PLAN REVIEW FEES Plan review $0.03 per square foot of building area PERMIT FEES Fire protection system permit fee New sprinkler system $150 per sprinkler riser Fire alarm systems $150 per zone Special hazard systems $75 per system Modification to an existing system $50 per system Acceptance test re-inspection fee $75 for the first re-inspection conducted after the initial acceptance test $150 for the second re-inspection conducted after the initial acceptance test $500 for each re-inspection thereafter conducted Haunted house permit fee $150 per haunted house (Ord. 2007-1, passed 1-25-07; Am. Ord. 2007-10, passed 4-12-07)

188 APPENDIX D: FINANCIAL REVIEW FEE CLASSIFICATION HOURLY RATE Partner $165 Staff Level I $100 Staff Level II $65 Staff Level III $45 Staff Level IV $25

(Ord. 2010-9(A), passed 9-9-10)

APPENDIX E: STORMWATER USER FEE CLASSIFICATION FEE PER ERU Residential Property $6/month Non-residential Property $4/month Railyard Property $2/month

(Ord. 2017-25, passed 11-16-17)

189 ARTICLE 13: ADMINISTRATION FEES AND CHARGES

Section

4-160 Public record duplicating fees 4-161 Returned check charges

§ 4-160 PUBLIC RECORD DUPLICATING FEES.

All agencies, boards, commissions or other entities of the town will be subject to a uniform copying fee of $.10 per page, unless the Town Council by other separate ordinance has established a fee for an entire copy of a document, in which case, the fee for the full copy will be the fee charged. For fee for large format copies, will be the cost of production that is invoiced to the town. (’95 Code, § 4-160) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-18, passed 4-18-96; Am. Ord. 97-49, passed 11-13-97; Am. Ord. 2008-2, passed 3-27-08)

§ 4-161 RETURNED CHECK CHARGES.

(A) The first time a check is returned from the bank, the fee is $22.

(B) The second time a check is returned from the bank the fee is $15 additional. (’95 Code, § 4-161) (Ord. 95-5, passed 11-30-95)

190

ARTICLE 14: VIDEO SERVICE FRANCHISES

Section 1

4-170 Definitions 4-171 Requirements for franchise 4-172 Renewal of franchise 4-173 Franchise fees 4-174 regulation of rates

§ 4-170 DEFINITIONS.

For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOLDER. The video service operator holding a video service local franchise issued by the town.

LOCAL FRANCHISE. An initial authorization, or renewal of an authorization that was issued by the town before July 1, 2006 which authorized the construction or operation of a video service system in a designated area of the town. (Ord. 2014-07, passed 6-12-14)

§ 4-171 REQUIREMENTS FOR FRANCHISE.

(A) No person shall construct, operate or maintain a video service system within the town without first having received a franchise granted by the Council under the provisions of this article and the act.

(B) The Council shall have the authority to grant one or more non-exclusive franchise contracts conveying the right to construct, operate and maintain, within the public ways of the town, poles, cables and other equipment necessary to the operation of a video service system in accordance with the subject to the provisions of the Act and this article.

(C) The Council may in its discretion at any time, without the necessity of a public hearing hereon, adopt a resolution determining to issue a request for proposals for one or more franchises to provide video service system services to all or portions of the town. Any request from proposals and any franchise granted under this article may include requirements and specifications as may be required or permitted under the Act as the Council deems necessary and assure the provision of versatile, reliable and efficient cable services to the town and its citizens.

(D) The Council may establish procedures, consistent with applicable law, as it deems appropriate for the granting of a franchise and may hold public hearings as it deems to be necessary. Notice of a request for proposals and of all public hearings held in connection with the granting of a franchise shall be given as directed by the Council and at a minimum in accordance with I.C. 5-3-1.

191 (’95 Code, § 4-171) (Ord. 95-5, passed 11-30-94; Am. Ord. 96-12, passed 3-21-96; Am. Ord. 2014-07, passed 6-12-14)

§ 4-172 RENEWAL OF FRANCHISE

(A) Proceedings for renewal of the video service franchise for the town, whether the franchise granted prior to or after the effective date of this article shall be governed by, and the Council hereby adopts, the procedure for franchise renewal set for in § 626 of the Act, 47 U.S.C. §546, as the same may be amended from time to time, and by other applicable provision of the Act or state law.

(B) All notices required to be given in renewal proceedings shall be published in accordance with the provisions of I.C. 5-3-1 and shall be given to the affected video service operator by first class mail sent at least ten days prior to the scheduled proceeding. The video service operator shall also file notices at its expense of all public hearings and meetings of the Council, and Council Committee and Advisory Committee to be held in connection with the renewal proceedings by:

(1) First class mail addressed to each subscriber of the video operator’s system mailed at least ten days prior to the scheduled meeting or hearing; or

(2) Placing a notice of hearing on a channel of its video system for public service or community announcements, or if there is no channel, upon one channel of the system selected by the Town Manager and continuing thereafter from day to day until the day of the scheduled meeting or hearing.

(C) The form and content of the notice given by the video operator shall be prescribed or approved by the Town Manager

(D) All hearings or proceedings required by the Act to be held shall be held by the Council at either regularly called or special meetings, provided, however, that the Council may, in its discretion, designate a Committee of the Council to hold hearing and may also appoint advisory committees as it deems appropriate in proceeding to gather information and make recommendations to the Council in connection with the proceedings. (’95 Code, § 4-172) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-12, passed 3-21-96; Am. Ord. 2014-07, passed 6-12-14)

§ 4-173 FRANCHISE FEES.

(A) Franchise fee. Holders of a video service franchise must, within 45 days of the end of each calendar quarter, pay to the town a franchise fee equal to:

(1) The amount of gross revenues received from providing video service in the town during the most recent calendar quarter, as determined by I.C. 8-1-34-23; multiplied by 5%.

(2) Pursuant to I.C. 8-1-34, any video service provider holding a statewide certificate that provides video services in the town must also pay a franchise fee which is the same as the fee paid by holders of a local video service franchise as provided for in this section.

192 (B) Fee statement. With each quarterly payment, the holder of the local franchise will include a statement explaining the basis for the calculation of the franchise fee.

(C) Audit powers. The town may review the books and records of the holder, as provided for the I.C. 8-1-34-24. (Ord. 2014-07, passed 6-12-14; Am. Ord. 2015-16, passed 9-10-15)

§ 4-174 REGULATION OF RATES.

(A) To the extent permitted by law, the town may regulate from time to time, the rates and charges to subscribers for signals distrusted over the video system, including video service provided under a franchise.

(B) The procedures and standards for the regulation of rules and charges shall be established by the Council and may be set forth in the franchise contract, provided that all franchise contracts granted after the effective date of this article shall be subject to the procedures established by the Council, irrespective of whether the procedures are contained in the franchise. (’95 Code, §4-173) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-12, passed 3-21-96, Am. Ord. 2014-07, passed 6-12-14)

193 ARTICLE 14: VIDEO SERVICE FRANCHISES

Section 4-170 Definitions 4-171 Requirements for franchise 4-172 Renewal of franchise 4-173 Franchise fees 4-174 Regulation of rates

§ 4-170 DEFINITIONS.

For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOLDER. The video service operator holding a video service local franchise issued by the town.

LOCAL FRANCHISE. An initial Authorization, or renewal of an authorization that was issued by the town before July 1, 2006 which authorized the construction or operation of a video service system in a designated area of the town. (Ord. 2014-07, passed 6-12-14)

§ 4-171 REQUIREMENTS FOR FRANCHISE.

(A) No person shall construct, operate or maintain a video service system within the town without having received a franchise granted by the Council under the provisions of this article and the act.

(B) The Council shall have the authority to grant one or more non-exclusive franchise contracts conveying the right to construct, operate and maintain, within the public ways of the town, poles, cables and other equipment necessary to the operation of a video service system in accordance with the subject to the provisions of the Act and this article.

(C) The Council may in its discretion at any time, without the necessity of a public hearing hereon, adopt a resolution determining to issue a request for proposals for one or more franchises to provide video service system services to all or portions of the town. Any request from proposals and any franchise granted under this article may include requirements and specifications as may be required or permitted under the Act as the Council deems necessary and assure the provision of versatile, reliable and efficient cable services to the town and its citizens.

(D) The Council may establish procedures, consistent with applicable law, as it

194 deems appropriate for the granting of a franchise and may hold public hearings as it deems to be necessary. Notice of a request for proposals and of all public hearings held in connections with the granting of a franchise shall be given as directed by the Council and at a minimum in accordance with I.C. 5-3-1. ('95 Code, § 4-171) (Ord. 95-5, passed 11-30-94; Am. Ord. 96-12, passed 3-21-96; Am. Ord. 2014-07, passed 6-12-14)

§ 4-172 RENEWAL OF FRANCHISE.

(A) Proceedings for renewal of the video service franchise for the town, whether the franchise granted prior to or after the effective date of this article shall be governed by, and the Council hereby adopts, the procedurefor Franchise renewal set for in§ 626 of the Act, 47 U.S.C. § 546, as the same may be amended from time to time, and by other applicable provision of the Act or state law.

(B) All notices required to be given in renewal proceedings shall be published in accordance with the provisions of LC. 5-3-1 and shall be given to the affected video service operator by first class mail sent at least ten days prior to the scheduled proceeding. The video service operator shall also file notices at its expense of all public hearings and meetings of the Council, and Council Committee and Advisory Committee to be held in connection with the Renewal proceedings by:

(l) First class mail addressed to each subscriber of the video operator's system mailed at least ten days prior to the scheduled meeting or hearing; or

(2) Placing a notice of hearing on a channel of its video system for public service or community announcements, or if there is no channel, upon one channel of the system selected by the Town Manager beginning at least ten days prior to the scheduled hearing or meeting at times determined by the Town Manager and continuing thereafter from day to day until the day of the scheduled meeting or hearing.

(C) The form and content of the notice given by the video operator shall be prescribed or approved by the Town Manager.

(D) All hearings or proceedings required by the Act to be held shall be held by the Council at either regularly called or special meetings, provided, however, that the Council may, in its discretion, designate a Committee of the Council to hold hearing and may also appoint advisory committees as it deems appropriate in proceedings to gather information and make recommendations to the Council in connection with the proceedings. ('95 Code, § 4-172} (Ord. 95-5; passed 11-30-95; Am. Ord. 96-12, passed 3-21-96; Am. Ord. 2014-07, passed 6-12-14)

195 § 4-173 FRANCHISE FEES.

(A) Franchise fee.

(1) Holders of a video service franchise must, within 45 days of the end of each calendar quarter, pay to the town a franchise fee equal to:

(a} The amount of gross revenues received from providing video service in the town during the most recent calendar quarter, as determined by LC. 8-1-34-23; multiplied by:

(b) Two percent (2%).

(2) Pursuant to LC. 8-1-34, any video service provider holding a statewide certificate that provides video services in the town must also pay a franchise fee which is the same as the fee paid by holders of a local video service franchise as provided for in this section.

(B) Fee statement. With each quarterly payment, the holder of the local franchise will include a statement explaining the basis for the calculation of the franchise fee.

(C) Audit powers. The town may review the books and records of the holder, as provided for the I.C. 8-1-34-24. (Ord. 2014-07, passed 6-12-14)

§ 4-174 REGULATION OF RATES.

(A) To the extent permitted by law, the town may regulate from time to time, the rates and charges to subscribers for signals distrusted over the video system, including video service provided under a franchise.

(B) The procedures and standards for the regulation of rules and charges shall be established by the Council and may be set forth in the franchise contract, provided that all franchise contracts granted after the effective date of this article shall be subject to the procedures established by the Council, irrespective of whether the procedures are contained in the franchise. ('95 Code, § 4-173) (Ord. 95-5, passed 11-30-95; Am. Ord. 96-12, passed 3-21-96, Am. Ord. 2014-07, passed 6-12-14)

DIVISION 1: GENERAL PROVISIONS

§ 4-180 LEGISLATIVE FINDINGS.

Legislative findings, in accordance with LC. 6-1.1-12.1-2, are hereby made by the Town Council as follows:

196 (A) The Council hereby finds that there is a need to develop tax abatement procedures which set forth the philosophy, regulations and procedures which the town believes are necessary to encourage economic development within the town limits.

(B) The Council therefore declares that the following tax abatement procedures shall govern tax abatement requests filed for consideration with the town.

(C) The following tax abatement procedures are promulgated pursuant to the "Home Rule" powers vested in the town pursuant to LC. 36-1-3-1 et seq., and the property tax abatement statutes as set forth in LC. 6-1.1-12.1 et seq. These provisions shall be interpreted and applied consistently with LC. 6-1.1-1 2.1 et seq. and shall incorporate any amendments to LC. 6-1.1-12.1 et seq. that have been made or may be made after the adoption of this section. All persons who desire to seek real or personal property tax abatement consideration have the duty to comply with the applicable provisions set forth in this article, as well as all state law requirements. However, those persons who petition pursuant to § 4-186 must only comply with the applicable state law provisions and the requirements of annual review as provided for in § 4-191. (Ord. 98-12, passed 3-26-98; Am. Ord. 2000-19, Passed 11-30-00; Am Ord. 2008-34, passed 1-22-09)

§ 4-181 DEFINITIONS.

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

DESIGNATING BODY. The Town Council of the Town of Avon, Indiana. ECONOMIC REVITALIZATION AREA or ERA. An area which is within the limits of the town which has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors which have impaired values or prevent a normal development of property or the use of property. ECONOMIC REVITALIZATION AREA shall also include: any area, where a facility or a group of facilities that are technologically, economically or energy obsolete are located and where the obsolescence may lead to a decline in employment and tax revenues.

HARD DOLLAR COSTS. Expenses directly related to the proposed new construction or rehabilitation excluding costs of financing, architecture, engineering and attorney fees. For the purpose of this article, the HARD DOLLAR COST to that cost certified, on the statement of benefits, Form SB-I, Section 4, “Net Estimated Values Upon Completion of Project."

197 NEW MANUFACTURING EQUIPMENT. Tangible personal property which was:

(1) Installed during the period beginning February 28, 1983, and ending January 1, 2006, in an area that is declared an economic revitalization area (ERA) after February 28, 1983, in which a deduction for tangible personal property is allowed;

(2) Is used in the direct production manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property; and

(3) Was acquired by its owner for use as described in subsection (2) above and was never before used by its owner for any purpose in Indiana.

PROPERTY. A building or structure, but shall not include land.

REDEVELOPMENT. The construction of new structures, in economic revitalization areas either or unimproved real estate or on real estate upon which a prior existing structure is demolished to allow for a new construction.

REHABILITATION. The remodeling, repair or betterment of property in any manner or any enlargement of extension of property.

TAX ABATEMENT COMMITTEE. The Committee established pursuant to this article to review petitions for tax abatement. (Ord. 98-12, passed 3-26-98; Am. Ord. 98-27, passed 6-25-98; Am. Ord. 2008-34, Passed 1-22-09)

198 § 4-182 FINANCIAL INCENTIVES.

It is the policy of the town not to offer financial incentives for economic development projects that involve the relocation of a business from another Indiana jurisdiction to the town. The town's decision to offer financial incentives to relocate an economic development project from another Indiana jurisdiction to Avon will be based on a project by project review. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

§ 4-183 COUNCIL'S AUTHORITY TO ENLARGE STANDARDS; POWERS.

(A) The Town Council believes that pursuant to its Home Rule authority set forth in I.C. 36-1-3-1 et seq. . and the authority granted to it under I.C. 6-1.1-12.1-1 et seq., and it has the authority to declare areas within the town as economic revitalization areas which do not meet the general standards for real property tax abatement set forth in § 4-195 through 4-199.

(B) The Town Council therefore declares that individuals who desire to petition for real property tax abatement which do not meet the general standards set forth herein but nevertheless have a business or business development that is unique in the total number of jobs created, salary levels of the jobs, total investment in building and equipment or similar characteristics, may do so by filing proper petitions and forms of the town's standard declaratory and confirmatory resolutions with the Clerk-Treasurer, as defined. The forms shall be set forth in detail the reasons why they believe their circumstances create a unique opportunity for the town and that they should be granted abatement and declared an economic revitalization area.

(C) The Tax Abatement Committee, as the preliminary review body, shall review petitions, and declaratory and confirmatory resolutions on a project by project basis and make its report to the Town Council which shall have the sole absolute authority as the designating body to declare an area to be an economic revitalization area for tax abatement purposes. The Hendricks County Economic Development Partnership staff shall assist in the review of petitions.

(D) The Tax Abatement Committee in its report and the Town Council in its decision shall make specific findings supporting their conclusion that there is or is not a rational basis for the determination that the area should be declared an economic revitalization area.

(E) Real property tax abatement granted under this section shall be limited to the specific amount of years determined by the Town Council to be appropriate under the circumstances. The Town Council shall have the sole and absolute discretion to determine the specific amount years of tax abatement.

(F) Nothing herein shall be considered mandatory upon the Council to grant a petition for

199 abatement. The Avon Town Council expressly reserves the right to accept or reject any petition (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

§ 4-184 AGREEMENT FOR TAX ABATEMENT.

The Town Council shall require that all applicants for economic revitalization area designation enter into an agreement with the Town Council following adoption of the Confirmatory resolution. The memorandum of agreement shall contain the investment levels, job creation and/or retention levels and wage rates the applicant has committed to the town in order to receive consideration for economic revitalization area designation. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, Passed 1-22-09)

§ 4-185 CORPORATE CITIZENSHIP.

Applicants receiving tax abatements from the Town Council are encouraged to contribute to the development of the overall town community through participation in professional, volunteer, service and not-for-profit organizations. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, Passed 1-22-09)

§ 4-186 APPLICATION FOR DESIGNATION.

(A) Owners must file. Owners seeking to make an investment of real property or new manufacturing equipment located within the town may petition the Town Council on forms/petitions provided by the Clerk-Treasurer for real or personal property tax abatement consideration. All information attachments required by the designation application must be completed and filed with the Clerk-Treasurer together with a fee of $500 to cover processing and administrative costs.

(B) Petition information. Property owners petitioning for tax abatement shall provide the following information on the petition to enable the Town Council to consider their request:

(1) The name(s) and address(es) of the real property owner(s) and personal property owner(s), in the case of a petition for personal property tax abatement, any other person(s) leasing, intending to lease or having an option to purchase the property and a brief description of the business.

(2) If the business organization is publicly held, the name of the corporate parent and the name under which the corporation is filed with the Securities Exchange Commission.

(3) The legal description and commonly known address of the real property for

200 which real property abatement is being petitioned or the legal description and commonly known address of the facility at which the new manufacturing equipment for which tangible personal property tax abatement is being petitioned will be located In addition, the petition must include the complete parcel number (14 characters) for each parcel to be designated an ERA. The parcel number can be determined in the real estate records of the office of the Hendricks County Auditor.

(4) A map and/or plat identifying the area where the ERA designation is being requested.

(5) If applicable, the current assessed valuation of the real property improvement before rehabilitation, redevelopment, economic revitalization or improvement. The current assessed valuation of the personal property to be purchase or replaced.

(6) A description of the proposed project, whether rehabilitation, new construction or installation of new manufacturing, including information about physical improvements to be made or the new manufacturing equipment to be Installed, an estimate of the cost of the project the amount of land to be used, the proposed use of the improvements, and a general statement as to the value of the project to the business.

(7) An estimate of the number of new permanent jobs to be created by the project, a statement of the current number of permanent and part-time jobs at the location and impact on those current jobs to be caused by the project, and the projected annual salaries for each position to be created.

(8) A statement that no building permit has been issued for construction on the property for the improvement proposed or verification that the new manufacturing equipment has not been installed.

(9) T h e S t a n d a r d Industrial Classification Manual major group, within which the proposed project would be classified, by number and description.

(10) The Internal Revenue Service Code of principal business activity by which the proposed project would be classified, by number and description.

(11) A description of actual or anticipated public financing for the project.

(12) For real property tax abatement, a description of how the property in question has become undesirable for or impossible of normal development and occupancy because of lack of development, cessation of growth, deterioration of improvements, character of occupancy, age obsolescence, substandard buildings, or other factors which have impaired values and prevent a normal development of the property or property use.

(13) For personal property tax abatement replacement, provide a description of why the personal property to be replaced is technologically, economically or energy obsolete,

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whereby the obsolescence may lead to a decline in employment and tax revenues; together with a verification that any proposed new manufacturing equipment will be used in the direct production manufacture, fabrication, assembly, extraction, mining, processing, refining or refinishing of other tangible personal property. Verification/ evidence/ statement that the new manufacturing equipment has not been used by its owner for any purpose in Indiana.

(14) The name, address, and telephone number of the person to contract regarding notice of Town Council meetings and public hearings concerning the petition.

(15) An estimate of the after-rehabilitation market value of the real property or an estimate of the market value of the new manufacturing equipment after installation. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

§ 4-187 STATEMENT OF BENEFITS AND RESOLUTIONS.

(A) In addition to the completed petition filing fee and related documents required by this section, the owners of property or new manufacturing equipment must file a completed statement of benefits form at the time of filing the petition.

(B) Proposed forms of declaratory and confirmatory resolutions are also required of the Owner at time of filing the petition.

(C) The provisions of LC. 6-1.1-12.1-3 shall be followed by the designating body when reviewing the documents required by this section (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

§ 4-188 REVIEW BY COMMITTEE.

(A) (1) The Tax Abatement Committee shall have four members consisting of the Town Manager, Assistant Town Manager or Public Works Director, Planning Director and Economic Development Director. The Superintendent of the Avon Community School Corporation, or his or her designee, may serve as the fifth member of the Committee.

(2) All members shall serve on the Committee until they resign or are replaced by the Town Council or the School Superintendent responsible for their appointment.

(B) Upon the filing of a completed tax abatement petition, i n c l u d i n g a l l attachments, filing fee, statement of benefits form, and the declaratory and confirmatory resolutions by the owner, t h e Clerk-Treasurer shall review the documents and make a determination that the application is complete or not complete. If the application or information is incomplete, the Clerk-Treasurer shall contact the applicant and advise the

202 applicant of the deficiencies in the application. If the application and information is complete, the application shall be submitted to the Tax Abatement Committee for review. The review shall be for informational purposes only and shall not be binding on the designating body.

(C) The Tax Abatement Committee shall review the petition, statement of benefits and all attachments thereto. It shall also have the authority to request additional information from the petitioner which is relevant to the petition and statement of benefits.

(D) No later than 30 days from the receipt of the documents from the Clerk-Treasurer, the Avon Tax Abatement Committee shall prepare a written report setting forth its advisory findings. The report shall be provided to the Town Council members, the Clerk-Treasurer and the petitioner.

(E) The report shall address, but not be limited to addressing the following:

(1) Whether all required information was originally submitted by the petitioner. In the event that additional information was requested of the petitioner, the report shall address the requests and the response received from the petitioner.

(2) Whether the information contained in the petition and statement of benefits indicates that the requirements of this article are met by the project as described in the petition.

(3) Whether zoning requirements have been met, and, if not, the zoning issues to be resolved.

(4) Whether the project to located in a tax allocation area, as defined in I.C. 36-7-14-39, and if so, whether the Avon Redevelopment Commission has adopted a resolution approving the application. A copy of a resolution, if required, shall be attached to the report.

(5) If additional terms of tax abatement have been proposed, a copy of the proposed agreement shall be attached to the report.

(6) Whether, in the EDC's opinion, a deduction should be allowed based on the following:

(a) Whether the estimate of the value of the redevelopment or rehabilitation to reasonable for projects of this nature. (b) Whether the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. (c) Whether the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation.

203 (d) Whether any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation.

(F) The Committee's report shall also have attached to it a copy of the petition and statement of benefits form and any attachments. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09; Am. Ord 2019-12, passed 9-12- 19)

§ 4-189 REVIEW BY TOWN COUNCIL.

(A) The Town Council shall hold a public hearing on the petitioner's declaratory resolution pursuant to LC. 6-1.1-12.1-2.5.

(B) The petitioner, and/ or its representative, shall be required to attend the public hearing and present evidence to the Town Council as to why it believes it qualifies for the requested abatement.

(C) If the Town Council finds that the property qualifies as an ERA under the terms of this section and J.C. 6-1.1-12.1-1, the Town Council may adopt a resolution declaring the property as an ERA for purposes of tax abatement. The resolution shall specify whether the abatement is for real property tax deduction or for personal property tax deduction, the length of time during which the area shall be so designated, and the general boundaries of the area by describing its location in relation to public ways. If the abatement is for real property taxes, the Town Council shall specify the length of the abatement. Upon the adoption of the declaratory resolution, the Clerk-Treasurer shall file the together with supporting data required by I.C. 6-1.1-12.1-2.5.

(D) If the area is located within an allocation area as defined in LC. 36-7-14-39, as declared by the Avon Redevelopment Commission, the Town Council shall not adopt a declaratory resolution declaring an area to be an ERA for the purposes of either real property tax deduction or personal property tax deduction if the Commission has not adopted a resolution approving the petition.

(E) Upon adoption of the declaratory resolution, the Clerk-Treasurer shall cause notice of the adoption to be published pursuant to LC. 5-3-1, and shall include in the notice information about the adoption of the declaratory resolution the substance of the resolution that a description of the affected area is available and can be inspected in the Hendricks County Assessors' Office, the date when the Town Council will receive and hear all remonstrances and objections from interested persons and other information required by J.C. 6-1.1-12.1-2.5. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

§ 4-190 CONFIRMATORY RESOLUTIONS.

204 (A) Following the legal publication and on the date published in the legal notice, a public hearing on the confirmatory resolution shall be held by the Town Council. The petitioner and/or its representative shall be present and shall be required to present evidence why it believes the tax abatement requested should be granted. At which time the Council shall receive and hear all remonstrances and objections from interested persons pertaining to the petition. At the public hearing, the Council shall determine whether the petition complies with this article and with J.C. 6-1.1-12.1 et seq., and shall consider all pertinent requirements for ERAs prior to taking final action determining whether the petition meets qualifications for an ERA and confirming modifying and confirming or rescinding the declaratory resolution. The determination of the Town Council is final except that an appeal may be taken and heard as provided by I.C. 6-1.1-12.1-2.5 (d) and (e).

(B) The Town Council must make a determination as to whether the deductions shall be allowed and make specific findings, pursuant to LC. 6-1.1-12.1-3. The Council must further comply with LC. 6-1.1-12.1-4.5 and make specific findings thereto when considering personal property tax abatement requests.

(C) In declaring an area an ERA, the designating body may:

(1) Limit the time period to a certain number of calendar years during which the area shall be so designated;

(2) Limit the type of deductions that will be allowed within the ERA to either the deduction allowed under I.C. 6-1.1-12.1-3, or the deduction allowed under I.C. 6-1.1-12.1-4.5;

(3) Limit the dollar amount of the deduction that will be allowed with respect to new manufacturing equipment if a deduction had not been filed before July 1, 1987, for that equipment;

(4) Limit the dollar amount of the deduction that will be allowed with respect to redevelopment and rehabilitation occurring in areas that are designated as ERAs on or after September 1, 1988; or

(5) Impose reasonable conditions related to the purpose of state law or the general standards adopted herein for allowing the deduction for the redevelopment or rehabilitation of the property or the installation of new manufacturing equipment.

(D) To exercise one or more of the above described powers, the Town Council must include this fact in the resolutions adopted. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

§ 4-191 ANNUAL REVIEW OF PETITIONS.

(A) All property owners who receive approval of their real and/or personal property

205 tax abatement requests as a result of the Town Council's action under this section shall be required to appear before the Town Council. Appearances shall take place at a Town Council meeting following the petitioners filing of the first certified declaration application with the Clerk-Treasurer required by the State Board of Tax Commissioners, pursuant to I.C. 6-1.1-12.1-5.

(B) Additionally, the petitioner shall file with the Town Council an annual report that shall include, but not be limited to the following information: completed compliance with statement of benefits form.

(C) A property owner who fails to file an annual report shall be subject to revocation of their tax abatement for said year pursuant to § 4-192.

(D) The Town Council shall review the material presented by the petitioner in comparison to the information published by the Clerk-Treasurer as required by I.C. 6-1.1- 12.1-8.

(E) The Town Council shall specifically advise each property owner in writing as to whether subsequent appearances before the Town Council shall be necessary. If the additional appearances are not required, the property owner shall be duly advised that their future annual reports may be mailed. Failure to mail the completed reports may result in revocation of the tax abatement by the Town Council. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, Passed 1-22-09)

§ 4-192 COMPLIANCE.

(A) The town believes that the granting of a request for real and/or personal property tax abatement under the terms and conditions of this article results in a contractual arrangement between the town and the property owner granted abatement.

(B) Therefore, a petitioner who fails to achieve the estimates set forth in its original petition for the tax abatement consideration and its statement of benefits may have its tax abatement revoked by the Town Council.

(C) A petitioner who falls to file its annual report and meet with the Town Council as required herein shall have the tax abatement Revoked by the Town Council.

(D) Petitioners who comply with the annual report and meeting requirements, but fail to provide evidence as to why they have not achieved the estimates set forth in their documents used by the Town Council when granting the abatement, may have the tax abatement revoked by the Town Council. (Ord. 98-12, passed 3-26-98; Am. Ord. 2008-34, passed 1-22-09)

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§ 4-194 STATUTORY TERMS AND CONDITIONS FORTAX ABATEMENTS.

It is the intention of the Town Council that the specific standards for tax abatement set forth in the Town Code of Ordinances be interpreted and applied consistently with LC. 6-1.1- 12.1 et seq. and shall incorporate any amendments to LC. 6-1.1-12.1 et seq. that have been made or may be made after the adoption of this section. Therefore, any authorization under I.C. 6-1.1-12.1 et seq. for tax abatements under terms, conditions or standards differing from those specifically set forth in this Code shall be incorporated in the town's tax abatement procedures. (Ord. 2000-19, passed 11-30-00; Am. Ord. 2008-34, passed 1-22-09)

DIVISION II: SPECIFIC STANDARDS FOR TAX ABATEMENTS

§ 4-195 OFFICE DEVELOPMENT.

(A) Consideration. The Avon Town Council believes that the following tax abatement general standards have reasonable relationship to the development objectives of office developments within the town and would warrant tax abatement consideration as set forth herein.

(B) Three-year general standards.

(1) New construction. Proposed office developments which incorporate new construction of not less than 15,000 square feet may be considered for three-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for office development, and which propose not less than 5,000 square feet to be rehabilitated may be considered for three-year real property tax abatement.

(C) Six-year general standards.

(1) New construction. Proposed office developments which incorporate new construction of not less than 30,000 square feet may be considered for six-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for office development, and which propose not less than 10,000 square feet to be rehabilitated may be considered for six-year real property tax abatement.

(D) Ten-year general standards.

(1) New construction. Proposed office development which incorporate new

207 construction of not less than 50,000 square feet may be considered for ten-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for office development, and which propose not less than 20,000 square feet to be rehabilitated may be considered for ten-year real property tax abatement.

(B) Compliance with state law. All applicants seeking real property tax abatement consideration under this section must also comply with all applicable regulations set forth in l.C. 6-1.1-12.1-2 el seq. (Ord. 98-12, passed 3-26-98)

§ 4-196 MIXED USE DEVELOPMENT.

(A) Consideration. The Town Council believes that the following tax abatement general standards have a reasonable relationship to the development objectives of mixed-use developments within the town and would warrant tax abatement consideration as set forth herein.

(B) Three-year general standards.

(1) New construction. Proposed mixed use developments which incorporate new construction of not less than 15,000 square feet may be considered for three-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town and which propose not less than 5,000 square feet to be rehabilitated, may be considered for three-year real property tax abatement.

(C) Six-year general standards.

(1) New construction. Proposed mixed use developments which incorporate new construction of not less than 30,000 square feet may be considered for six-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for mixed use development, and which propose no less than 10,000 square feet to be rehabilitated, may be considered for six-year real property tax abatement.

(D) Ten-year general standards.

(1) New construction. Proposed mixed use developments which incorporate new construction of not less than 50,000 square feet may be considered for ten- year real property tax Abatement.

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(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for mixed use development, and which propose not less than 20,000 square feet to be rehabilitated, may be considered for ten-year real property tax abatement.

(E) Compliance with state law. All applicants seeking real property tax abatement consideration under this section must comply with all applicable regulations set forth in J.C. 6- 1.1-12.1-1 et seq. (Ord. 98-12, passed 3-26-98)

§ 4-197 INSTITUTIONAL DEVELOPMENT.

(A) Consideration. The Town Council believes that the following general standards have a reasonable relationship to the development objectives for institutional development within the town, and would warrant tax abatement consideration as set forth herein.

(B) Three-year general standards.

(1) New construction only. Proposed new construction of institutional developments which are to be located within the town may be considered for three-year real property tax abatement.

(C) Compliance with state law. All applicants seeking real property tax abatement consideration under this section must also comply with all applicable regulations set forth in J.C. 6-1.1-12.1-2 et seq. (Ord. 98-12, passed 3-26-98)

§ 4-198 INDUSTRIAL DEVELOPMENT.

(A) Consideration. The Town Council believes that the following general standards have a reasonable relationship to the development objectives for industrial development within the town and would warrant tax abatement consideration as set forth herein.

(B) Three-year general standards.

(1) New construction. Proposed industrial developments which incorporate new construction of not less than l 0,000 square feet may be considered for three-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for industrial development, and which propose not less than 5,000 square feet to be rehabilitated, way be considered for three-year real property tax abatement.

(C) Six-year general standards.

209 (1) New construction. Proposed industrial developments which incorporate new construction of not less than 20,000 square feet may be considered for six-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for industrial development, and which propose not less than 10,000 square feet to be rehabilitated, may be considered for six-year property tax abatement.

(D) Ten-year general standards.

(1) New construction. Proposed industrial developments which incorporate new construction of not less than 30,000 square feet may be considered for ten-year real property tax abatement.

(2) Rehabilitation. Proposed rehabilitation of existing structures located within the town for industrial development, and which propose not less than 20,000 square feet to be rehabilitated, may be considered for ten-year real property tax abatement.

(E) Compliance with state law. All applicants seeking real property tax abatement consideration under this section must comply with all applicable regulations set forth in I.C. 6-1.1-12.1-1 et seq. (Ord. 98-12, passed 3-26-98)

§ 4-199 WAREHOUSE DEVELOPMENT.

(A) The Town Council believes that the following general standards have a reasonable relationship to the development objectives for warehouse development within the town and would warrant tax abatement consideration as set forth herein.

(B) Three-year general standards. Proposed warehouse development of new construction or rehabilitation with not less than 25,000 square feet may be considered for three-year real property tax abatement. (C) Six-year general standards. Proposed warehouse development of new construction or rehabilitation with not less than 50,000 square feet may be considered for six-year real property tax abatement.

(D) Ten-year general standards. Proposed warehouse development of new construction or rehabilitation with not less than 100,000 square feet may be considered for ten-year real property tax abatement.

210 (E) Compliance with state law. All applicants seeking real property tax abatement consideration under this section must also comply with all applicable regulations set forth in I.C. 6-1.1-12.1-1 et seq. (Ord. 98-12, passed 3-26-98)

§ 4-200 PERSONAL PROPERTY.

(A) Consideration. The Town Council believes that the following general standards have a reasonable relationship to the development objectives of promoting the installation of new manufacturing equipment within the town and would warrant tax abatement consideration as set forth herein.

(B) Five- and ten-year general standards.

(1) All applicants seeking a five- or ten-year personal property tax abatement must comply with all provisions of LC. 6-1.1-12. 1-4.5 and the provisions of§ § 4-184 and 4-186.

(2) The Avon Town Council may grant a five- or ten-year personal property tax abatement based on but not limited to the following factors:

(a) Useful life of machinery;

(b) Assessed value of machinery being replaced;

(c) Impact of abatement an existing tax increment financing district;

(d) Aggregate capital investment in buildings and machinery; and

(e) Number of jobs created.

(C) Verification. Applicants seeking personal property tax abatement must verify that the new manufacturing equipment will be used in conjunction with uses within major groups 20 through 39 or 42 of the Standard Industrial Classification Manual as published by the United State Office of Management and Budget. (Ord. 98-12, passed 3-26-98)

211 ARTICLE 16: SEXUALLY ORIENTED BUSINESSES

Section

4-210 Permit for sexually oriented business

§ 4-210 PERMIT FOR SEXUALLY ORIENTED BUSINESS.

(A) Permit required. It shall be unlawful to operate a sexually oriented business in the town without a permit issued by the Building Department.

(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SEXUALLY ORIENTED BUSINESS. An inclusive term used to describe collectively adult retail facilities and adult entertainment facilities. This term does not include licensed massage businesses, which means any business or enterprise which offers, sells or provide massage therapy and which is licensed by the State of Indiana.

(C) Application for permit. Any person seeking to establish, open or continue a sexually oriented business in the town shall apply for and obtain a permit from the town's Building Department.

(1) Date of application. A sexually oriented business that exists on the effective date of the ordinance codified herein shall have 30 days to apply for permit. All new sexually oriented businesses must apply before beginning operations.

(2) Submissions. In order to apply for a permit, the operator shall submit to the town's Building Department the following:

(a) Application completed and signed in the form provided by the town;

(b) Permit fee in the amount of $1,500;

(c) Floor plan for the business;

(d) Certification of insurance issued by the applicant's insurance carrier which evidences liability insurance of $100,000 per occurrence and $250,000 annual aggregate; and

(e) A signed authorization for criminal history check of the operator. If the operator is a corporation, then the corporation shall provide an authorization for each director and officer. If the operator is a partnership or limited liability entity, then the entity shall provide an authorization for each partner or member.

212 (3) Procedure for issuance of permit. The following procedure shall be used to consider applications: (a) Preliminary review. Within seven days of submitted by the applicant to the town, the Building Department shall determine whether the application is complete. If the application is not complete, the town shall notify the applicant in writing of the omitted items and the application will not be processed until complete.

(b) Issuance of permit. Within 30 days of its receipt of a complete application and all required submissions, the town shall issue the permit if the following requirements are satisfied:

1. Neither the owner nor operator is ineligible for a permit because of a disqualifying criminal conviction. (i) In determining whether the applicant has a disqualifying criminal conviction, the Building Commissioner must find that the applicant has been convicted of the crime of prostitution, unlawful deviate conduct, deviate sexual conduct or sexual misconduct, as defined in Indiana Code 35, or solicitation of any of these preceding offenses. In order to be a disqualifying criminal conviction, the conviction must have occurred in the five-year period prior to the application, unless the applicant was convicted of a crime of violence, as defined by Indiana Code 35-50-1-2(a), convicted of an offense relating to a criminal sexual act as defined by Indiana Code 35-31.5-2-216, or is convicted of a second or subsequent crime during the five-year disqualification period, in which case, the five-year period does not apply;

(ii) If the Building Commissioner determines that the applicant has been convicted of an offense lists in Subsection (i), the Building Commissioner must consider the following in order to determine whether to deny the permit, based upon a clear and convincing showing:

a. the nature and seriousness of the crime; b. the passage of time since the commission of the crime; c. the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the permit; d. evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the direct relation to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the permit. (iii) A person may at any time petition the Building Commissioner for a determination as to whether that person’s criminal conviction will disqualify the person from receiving a permit under this Section. Any such petition must comply with Indiana Code 36-1-26-5, and the petitioner must tender to the Town a user fee in the amount of $25.00 with the petition.

213

2. Neither the owner nor operator has, within the five years of the date of the application, has his or her certification or regulatory agency in the United States;

3. Neither the owner nor operator has, within the five years of the date of the application, had a permit to operate at the same type of business denied, suspended or revoked by any local government or municipality in the United States;

4. The proposed site has been inspected by the Avon Building Department, and the inspector has determined that the site complies with a1l applicable building codes and laws;

5. The proposed site has been inspected by the Washington Township Fire Department, and the inspector has determined that the site complies with all applicable fire and safety codes and laws;

6. The proposed site has been inspected by the Hendricks County Health Department, and the Health Officer has determined that the site complies with all applicable public health codes and laws;

7. The proposed site has been reviewed by the town's Planner, and the Planner has determined that the business complies with all applicable zoning codes and laws and it is more than 1,000 feet from the nearest school, public park, church, playground, daycare center and other sexually oriented business;

8. The hours of operation for the business do not extend beyond 12 midnight nor begin earlier than 6:00 a.m.;

9. The owner and/or operator has cooperated with public officials and provided truthful and accurate information to them during the application process; 10. The owner and/or operator has paid by cash, certified check or money order the application fee;

11. The owner and/or operator has provided a complete application with all required submissions; and

12. The owner and/or operator has provided the required certificate of insurance.

(c) Denial of permit. If the applicant does not satisfy the permit requirements, the Building Commissioner shall notify the applicant in writing within 30 days of his or her receipt of the application and required submission. The notification shall specifically state the reasons for denial and the applicant's rights to appeal the denial.

214 1. Appeal of denial. The applicant shall have the right to appeal the denial to the Town Manager by submitting to the Town Manager written notice of appeal within ten days of receipt of the notice of denial.

2. Hearing. Upon receipt of a timely filed appeal, the Town Manager shall schedule a hearing to be held on the appeal. This hearing shall be held within 30 days of the receipt of the appeal. At the hearing, the applicant shall be entitled to 30 minutes to present his or her case. The Building Commissioner shall also have 30 minutes to present his or her case. The applicant shall then be entitled to ten minutes for rebuttal.

3. Decision by Town Manager. Within ten days of the hearing, the Town Manager shall render his or her decision and notify the applicant and Building Commission of his or her decision by way of written notice.

4. Appeal to Circuit Court. If the applicant disagrees with the decision of the Town Manager, the applicant may appeal the decision to the Hendricks Circuit Court by filing with the Clerk of the Court within 30 days a writ of certiorari.

(D) Suspension of permit. If after the issuance of the permit, the Building Commissioner has reason to believe that the permit was issued in part because of false information provided by the applicant or that since the issuance of the permit there has been a change in circumstances which could lead to revocation of the permit as provided for in division (I) of this section, the Commissioner shall suspend the permit and mail to the holder of the permit notice of the suspension. During the suspension, it shall be unlawful for the holder or any other person or entity to operate a sexually oriented business at the site.

(E) Permit is site specific. The permit issued under this section is specific to the site approved. If the applicant moves its business to another location, the applicant must apply for a new permit.

(F) Compliance with codes, laws, and Ordinances. The holder of a permit shall comply with all federal, state and local codes, laws and ordinances. These codes, laws and ordinances shall include but not be limited to any and all fire codes, building codes, public health codes, zoning codes, and other regulations. Failure to comply with applicable codes, laws, and ordinances shall be grounds for revocation of the permit under division (I) of this section.

(G) Posting of permits and licenses. After issuance of a permit, the holder shall prominently display the permit and all federal, state or local licenses in such a manner that they may be examined from the entrance of the business.

(H) lnspections. The holder of a permit impliedly consents to inspections by officials of the town who seek to verify compliance with this section and all other codes, laws and ordinances. To the extent that the holder of a permit under this section has a right under the U.S. Constitution and/or Indiana Constitution to be free from such inspections, the holder waives this right as a condition of issuance of the permit.

215

(I) Revocation of permit. The permit issued under this section may be revoked under the following procedure:

(1) Grounds. The permit may be revoked by the Building Commissioner for any of the following reasons:

(a) Conviction of the holder of a felony or any criminal offense relating to prostitution, illegal drugs or illegal drug use;

(b) Revocation by the Building Commission of a permit the holder at any other location for a sexually oriented business;

(c) Refusal of the holder to allow inspections of the site;

(d) Interference by the holder with inspections of the site;

(e) The arrest of any person for Commission of a crime at the site;

(f) Failure to maintain insurance as Required by division (C)(2)(d) of this section;

(g) Failure to satisfy or maintain the Requirements of section (C)(J)(b) I. Through 12. of this section; or

(h) Any violation of this section.

(2) Procedure. If the Building Commissioner finds that a permit should be revoked, he or she shall provide to the holder written notice of the revocation. It shall be unlawful and a violation of this section to operate a sexually oriented business after revocation of the permit. If the holder disagrees with the Commissioner's revocation, the holder may appeal the revocation using the same procedure as provided for in division (C)(J)(c) of this section.

(J) Fines and remedies.

(1) Fines. A person who violates this section shall be subject to a fine of $2,500 for each violation. Each day of noncompliance shall constitute a separate offense. The Building Commissioner shall mail to the violator written notice of the fine.

(2) Remedies.

(a) Collection of fine. If the violator Fails to pay within 30 days of receipt of the notice a fine issued under this section, the Town Attorney is authorized to institute a civil action to collect the fine and attorney's fees, expenses and court costs incurred in the prosecution of the action.

216

(b) Injunction. In addition to the other remedies provided for in this section, the Hendricks Circuit Court a court order enjoining a person from violating this section.

(c) Nuisance. Violation of this section shall constitute a nuisance. The town shall also have, in addition to the other remedies provided herein, all of the remedies provided for in town code and in state law for abatement and enforcement. (Ord. 2008-14, passed 8-14-08)

217 ARTICLE 17: MASSAGE THERAPISTS

Section 4-220 Permit required for unlicensed massage therapists

§ 4-220 PERMIT REQUIRED FOR UNLICENSED MASSAGE THERAPISTS.

(A) Permit required. A person who does not hold a valid certification issued by the Indiana State Board of Massage Therapy shall not provide massage services, or hold himself out to the public as a provider of massage services, in the town without a permit issued under this section. This article does not apply to physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, barbers, beauticians and other professionals licensed or registered to practice their respective professions under the laws of the state or to accredited schools and colleges, and their coaches and trainers while acting within the scope of their employment.

(B) Definitions. For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MASSAGE THERAPY. The term MASSAGE THERAPY has the meaning set forth in I.C. 25-21.8-1-4: the application of massage techniques on the human body, including the use of touch, pressure, percussion, kneading, movement, positioning, nonspecific stretching, stretching within the normal anatomical range of movement, and holding, with or without the use of massage devices that mimic or enhance manual measure, and the external application of heat, cold, water, ice, stones, lubricants, abrasives, and topical preparations that are not including spinal manipulation, or diagnosis or prescribing drugs for which a license is required. The term MASSAGE SERVICES may be used interchangeably in this article with the term MASSAGE THERAPY.

MASSAGE THERAPIST. A person who practices message therapy or otherwise provides massage services to members of the public.

UNLICENSED MASSAGE THERAPIST. A massage therapist who does not hold a valid certificate (or "license" as used in this article) issued by the Indiana State Board of Massage Therapy.

(C) Application for permit. Any unlicensed massage therapist who is providing massage services in the town on the effective date of this article shall have 30 days to apply for a permit. All new unlicensed massage therapists must obtain a permit before providing services in the town.

(1) Eligibility. Neither the owner nor operator is ineligible for a permit because of a disqualifying criminal conviction.

218 (i) In determining whether the applicant has a disqualifying criminal conviction, the Building Commissioner must find that the applicant has been convicted of the crime of prostitution, unlawful deviate conduct, deviate sexual conduct or sexual misconduct, as defined in Indiana Code 35, or solicitation of any of these preceding offenses. In order to be a disqualifying criminal conviction, the conviction must have occurred in the five-year period prior to the application, unless the applicant was convicted of a crime of violence, as defined by Indiana Code 35-50-1-2(a), convicted of an offense relating to a criminal sexual act as defined by Indiana Code 35-31.5-2-216, or is convicted of a second or subsequent crime during the five- year disqualification period, in which case, the five-year period does not apply; (ii) If the Building Commissioner determines that the applicant has been convicted of an offense lists in Subsection (i), the Building Commissioner must consider the following in order to determine whether to deny the permit, based upon a clear and convincing showing: (AA) the nature and seriousness of the crime; (BB) the passage of time since the commission of the crime; (CC) the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the permit; (DD) evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the direct relation to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the permit. (iii) A person may at any time petition the Building Commissioner for a determination as to whether that person’s criminal conviction will disqualify the person from receiving a permit under this Section. Any such petition must comply with Indiana Code 36-1-26-5, and the petitioner must tender to the Town a user fee in the amount of $25.00 with the petition.

(2) Submissions. To apply for a permit, the person shall submit to the Town Building Department the following:

a. Completed and signed application, in the form provided by the town.

b. Permit fee of $200.

c. Floor plan for the location at which massage services will be provided.

d. Certificate of Insurance which evidences liability insurance of $100,000 per occurrence and $250,000 annual aggregate.

e. A criminal history certified by the Sheriff of Hendricks County. The applicant must apply for this criminal history and pay the applicable fee to the Sheriff.

f. Photo identification card issued by the state.

(3) Procedure for issuance of permit. The following procedure shall be used to consider

219 Applications:

a. Preliminary review. Within seven days after an application is submitted to the town, the Building Department shall determine whether it is complete. If it is not, the town shall notify the applicant in writing of the omitted items and the application will not be processed until complete.

b. Issuance of permit. Within 30 days after a complete application (including all required materials) is submitted, the town shall issue the permit if the following requirements are satisfied:

1. The applicant has provided a complete application, with all required submissions, and has paid the application fee.

2. The applicant has not been convicted of prostitution, unlawful deviate conduct, deviate sexual conduct, or sexual misconduct as defined in LC. Title 35, or solicitation for any of the preceding offenses that would result in the sexual gratification of a patron within five years before the application.

3. The applicant has not had a massage therapy application, certification, or license denied, revoked, or suspended by any municipality, state, or regulatory agency in the United States within five years before the application.

4. The Avon Building Department has inspected the proposed site and has determined that it complies with all applicable fire and safety codes and laws.

5. The Washington Township Fire Department has inspected the proposed site and has determined that it complies with all applicable public health codes and laws.

6. The Hendricks County Health Department has inspected the proposed site and has determined that the site complies with all applicable public health codes and laws.

7. The town's Planner has reviewed the proposed site and has determined that it complies with all applicable zoning codes and laws.

8. The hours of operation for the business do not extend beyond 10:00 p.m. nor begin earlier than 6:00 a.m.

9. The applicant has signed the list of prohibited conduct and rules provided by the town.

(d) Denial of permit. If the applicant does not satisfy the requirements above for the issuance of a permit, the Building Commissioner shall deny the application. The Building Commissioner shall notify the applicant of the denial, in writing, within 30 days after receiving the application and all

220 requires submissions. The notification shall specify the reasons for the denial and shall advise the applicant of the right to appeal the denial.

(3) Appeal of denial. The applicant may appeal the denial to the Town Manager by submitting to the Town Manager a written notice of appeal within ten days after the notice of denial is mailed.

2. Hearing. Upon receipt of a timely filed appeal, the Town Manager shall schedule a hearing on the appeal. This hearing shall be held within 30 days after receiving notice of the appeal. At the hearing, the applicant and the Building Commissioner shall each be entitled to 30 minutes to present their arguments and evidence. The applicant shall also be entitled to ten minutes for rebuttal.

3. Decision by Town Manager the Town Manager shall render his or her decision within ten days after the hearing. The Town Manager shall notify the applicant and Building Commissioner of his or her decision by way of a written notice.

4. Appeal to Circuit Court. The applicant may appeal the Town Manager's decision to the Hendricks Circuit or Superior Courts by filing a writ of certiorari within 30 days after the decision.

(D) Suspension of permit.

(1) If after issuance of the permit the Building Commissioner has reason to believe that: (i) the permit was issued in part because of false information provided by the applicant; or (ii) there has been a change in circumstances which could lead to revocation of the permit as provided for in division (I), the Commissioner shall suspend the permit and mail notice of the suspension to the permit holder. It shall be a violation of this article for the holder or any other person or entity to continue providing massage services during the suspension.

(2) If the holder disagrees with the Commissioner's revocation, the holder may appeal the revocation using the same procedure as provided for the denial of a permit.

(E) Revocation of permit. The permit issued under this article may be revoked under the following procedures:

(1) Grounds. The permit may be revoked by the Building Commissioner for any of the following reasons:

(a) Conviction of the holder of any criminal offense in any way relating to prostitution or illegal drugs;

(b) Refusal of the holder to allow site inspections, or interference with

221 such inspections;

(c) The arrest of any person, and a judicial finding of probable cause, for the commission of any crime relating to prostitution or illegal drugs at the site;

(d) Failure to maintain the insurance required by this section;

(e) Failure to satisfy or maintain the requirements of divisions (C)(3)(b)l. through 8.; or

(f) Any violation of this section.

(2) Procedure.

(a) If the Building Commissioner finds that a permit should be revoked, he or she shall provide to the holder written notice of the revocation. It shall be a violation of this article to provide massage services after revocation of the permit.

(b) If the holder disagrees with the Commissioner's revocation, the holder may appeal the revocation using the same procedure as provided herein for the denial of a permit.

(F) Renewal. Each permit issued under this section will be for a period of two years, commencing on the date of issuance. Upon the expiration of the permit, applicants may apply for the renewal of the permit. The procedure for renewal of a permit is the same as the procedure for the original application.

(G) Insurance. The permit holder shall maintain in effect at all times insurance as required at the time of the permit application.

(H) Permit is site specific. The permit issued under this section is specific to the site approved. A new application must be filed and approved before the permit holder provides massage services at another location.

(I) Compliance with codes, laws, and Ordinances. The permit holder shall comply with all federal, state and local codes, laws, and ordinances, including fire codes, building codes, public health codes, zoning codes, and other regulations. Failure to comply shall be grounds for revocation of the permit.

(J) Posting of permits and licenses. The permit holder shall prominently display the permit such that it may be examined form the entrance of the site.

(K) Inspections. The permit holder impliedly consents to inspections by town officials to verify compliance with this article and all other codes, laws, and ordinances. As a condition of issuance of the permit, the permit holder waives any legal right to be free from such inspections.

222

(L) Fines and remedies.

(1) Fines. A person who violates this article shall be subject to a fine of $2,500 for each violation. Each day of noncompliance shall constitute a separate offense. The Building Commissioner shall mail to the violator written notice of the fine. The notice shall identify the violation, the fine imposed, the place and manner to pay the fine, and the deadline for payment. This notice shall be posted at the site and mailed to the address from the violator's application materials. The fine shall be paid to the Town Clerk-Treasurer within 30 days after it is mailed.

(2) Remedies.

(a) Collection of fine. If the violator fails to timely pay a fine issued under this section, the Town Attorney is authorized to institute a civil action to collect the fine and attorney's fees expenses, and court costs incurred.

(b) Injunction. In addition to the other remedies provided for in this article, the Hendricks Circuit or Superior Courts an Order enjoining a person from further violations of this article.

(c) Nuisance. Violation of this article shall constitute a nuisance. In addition to any other remedies, the town shall also have all remedies provided in the Town Code and in state law for abatement and enforcement of the nuisance. (Ord. 2014-20, passed 9-11-14; Am. Ord. 2014-25, passed 12-4-14)

223 ARTICLE 18: SOCIAL PARTIES

Section

4-230 Permit required for for-profit parties

§ 4-230 PERMIT REQUIRED FOR FOR-PROFIT PARTIES.

(A) Permit required. It shall be unlawful to operate, conduct, or host a party at which admission is charged and at which either 25 or more people are expected to attend or 25 or more people attend, without a permit issued by the Avon Town Manager.

(B) Definitions. The following definitions apply to this article:

ADMISSION. The term admission means any charge, fee, donation, cover charge or other money or consideration which is required prior to admittance.

CONDUCT. The term conduct means to organize, carry out, promote, advertise, hold, direct, manage or sponsor. HOST. The term host means to allow the use of a facility, structure, improvement, location or site, regardless of whether the person hosting the event owns or leases the site. OPERATE. The term operate means manage, supervise or direct an event.

PARTY. The term party means a social gathering which involves the provision of music and space for gathering and/or dancing.

(C) Exceptions. This article does not apply to the following:

(1) Small parties. Parties at which less than 25 people are either in attendance or expected to be in attendance;

(2) No admission. Parties at which no admission is charged;

(3) Commercial parties. Gatherings of patrons of bars, restaurants, hotels and other hospitality businesses which operate twelve months a year; (4) School events. School events and social gatherings sponsored solely or in conjunction with other organizations by the town.

224 (5) Town-sponsored events. Events and social gatherings sponsored solely or in conjunction with other organizations by the town. (D) Application for permit. Any person or entity seeking to operate, conduct or host a party at which admission is charged and at which 25 or more people are expected to attend in the town must apply for and obtain a permit from the Town Manager. (E) Contents of permit application. The applicant for a permit under this article must provide to the Town Manager all information requested including but not limited to the following information.

(1) Date on which the party will occur;

(2) Location at which the party will occur;

(3) Number of persons expected to attend the party;

(4) Name, address, telephone number and e-mail address of the owner of the location at which the party will occur;

(5) Name, address, telephone number and e-mail address of the applicant.

(6) If the applicant is not a natural person, the name, address, telephone number and e-mail address of the principal officer and registered agent of the entity;

(7) A narrative describing the security Plan for the event;

(8) A narrative describing the parking and traffic control plan for the event;

(9) A certification from the Avon Zoning Administrator that the location of the event is allowed under the Avon zoning and land use regulations and ordinances;

(10) A narrative describing the emergency evacuation plan for this event;

( I I) The amount of admission charge; (12) The hours of the event;

(13) A floor plan of the facility, structure or improvements to be used for the event;

(14) Any and all other information required for the Town Manager to reasonably evaluate the application.

(F) Permit fee. The applicant will also deliver to the Town Manager at the time of the application submission a non-refundable permit fee in the amount of $250.

225 (G) Procedure for consideration of permit Application. Upon receiving a complete permit application and permit fee, the Town Manager shall evaluate:

(1) Whether the event can be conducted and held without violation of the Avon zoning and land use regulations and ordinances;

(2) Whether the event can be conducted without violation of any other local, state or Federal law, regulation or rule;

(3) Whether the event can be conducted without a substantial likelihood of criminal or illegal activity, based upon past events held by the applicant or operator of the event in the town or other jurisdictions in Indiana;

(4) Whether there is an adequate security plan;

(5) Whether there is an adequate parking and traffic control plan;

(6) Whether there is an adequate emergency evacuation plan;

(7) Any other legitimate reason the event should not be conducted in the town.

(H) Notice of granting or denial of permit.

(1) Within seven days of receiving a complete application and fee, the Town Manager must notify the applicant in writing of his decision to grant or deny the permit;

(2) A permit granted under this article is valid only for the dates and under the circumstances noted in the permit. No deviations are allowed.

(3) If the Town Manager denies the permit, the applicant may appeal the denial to the Town Council by submitting to the Town Clerk-Treasurer a written appeal, stating the reasons for the appeal. This appeal must be submitted to the Clerk-Treasurer within ten days of the receipt by the applicant of the notice of the denial.

(I) Hearing before Town Council for appeal.

(I) If the applicant files a timely appeal, the Town Council will schedule a hearing on the appeal within 15 days of the receipt of the appeal by the Clerk-Treasurer.

{2) The Clerk-Treasurer will provide notice to the applicant of the date and time of the hearing at least seven days prior to the hearing;

(3) The hearing must be held within 30 days of the filing of the appeal;

(4) At the hearing, the applicant will be allowed to present evidence regarding the

226 application and the reasons why the applicant believes the permit should be granted. The applicant will have the right to call witnesses, ask questions of any witness for the Town Manager and present evidence relevant to the appeal.

(5) At the hearing, the Town Manager will be allowed to present evidence regarding the application and the reasons for the denial. The Town Manager will have the right to call witnesses, ask questions of any witness of the applicant and present evidence relevant to the appeal.

(6) Within seven days of the hearing, the Town Council will make findings of fact and either affirm the denial or reverse the denial and order the permit to be granted. These findings and the decision will be in writing and will be mailed to the applicant.

(J) Appeal of Town Council decision. The applicant may appeal the decision of the Town Council by filing with a Court of competent jurisdiction within 30 days of the decision a request for judicial review.

(K) Posting of permit. The applicant must post the permit at the event and make the permit available to Avon town officials upon request.

(L) Inspection. As a condition of any permit granted under this article, the applicant must allow the inspection of the site of the event both prior to and during the event by officials from the town.

(M) Fines.

(1) Any person violating this article shall be subject to the following fines:

IST violation $2,500

2nd violation during 12- $5,000 month period 3rd violation during 12- $7,500 month period All subsequent violations $10,000 during 12-month period

(2) All fines are payable within 30 days of the receipt of the fine citation. If the violator fails to pay the fine, the town may collect the fine by way of a legal action against the violator. In the event that the town must file an action to collect a fine, the violator will be obligated to pay the reasonable attorney's fees and court costs incurred by the town in collecting the fines.

(N) Other remedies for violations. In addition to the fines provided for in this article,

227 the town will have the following additional remedies to enforce this article:

(1) Closing the party. The Avon Police Department may close any party which either does not have a permit or which violates any provision of this Article;

(2) Injunctive relief the town shall have the right to obtain an injunction, including but not limited to a preliminary injunction without a hearing, enjoining the violation of this article;

(3) Other. The town shall also have the right to pursue any other remedies, either in (Ord. 2015-10, passed 5-14-15)

228 ARTICLE 19. WIRELESS SUPPORT STRUCTURES

Section

4-240 Permit for New Wireless Support Structures 4-241 Permit for Substantial Modification of a Wireless Support Structure 4-242 Permit for Collocation of Wireless Facilities

§4-240 PERMIT FOR CONSTRUCTION OF NEW WIRELESS SUPPORT STRUCTURES

(A) Definitions. As used in this Section, the following definitions apply:

(1) “Antenna” means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

(2) “Base Station” means a station located at a specific site that is Authorized to communicate with mobile stations. The term includes all radio transreceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

(3) “Collocation” means the placement or installation of wireless facilities On existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement or modification or wireless facilities within an approved equipment compound.

(4) “Existing Structure” does not include a utility pole or and electrical transmission tower.

(5) “Small Cell Facility” means: (a) a personal wireless service facility, as defined by the Federal Telecommunications Act of 1996 as in effect July 1, 2015; or (b) a wireless service facility that satisfies the following requirements: (i) each antenna, including exposed elements, has a volume of three cubic feet or less; (ii) all antennas, including exposed elements, have a total volume of six cubic feet or less; (iii) the primary equipment enclosure located with the facility has a volume of seventeen cubic feet or less. For purposes of this definition, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment

229 enclosure: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, ground equipment, power transfer switches or cutoff switches. (6) “Small Cell Network” means a collection of interrelated small cell facilities designed to deliver wireless service.

(7) “Substantial Modification of a Wireless Support Structure” means the mounting of a wireless facility on a wireless support structure in a manner that: (a) increases the height of the wireless support structure by the greater of: (i) ten percent of the original height of the wireless support structure; or (ii) twenty fees; (b) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure the greater of: (i) twenty fees; or (ii) the width of the wireless support structure at the location of the appurtenance; or (c) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred square feet. The term does not include increasing the height of a wireless support structure to avoid interfering with an existing antenna, increasing the diameter or area of a wireless support structure to either shelter the antenna from inclement weather or connect an antenna to the wireless support structure by cable. (8) “Utility Pole” means a structure that is owned or operated by a public utility, a communications service provider, a municipality, an electric membership corporation or rural electric cooperative and is designed and used to carry lines, cables, or wires for telephony, cable television, or electricity or provide lighting. This term does not include a wireless support structure or an electrical transmission tower.

(9) “Wireless Facility” means a set of equipment and network components necessary to provide wireless communications service. This term does not include a wireless support structure.

(10) “Wireless Support Structure” means a freestanding structure designed to support wireless facilities. This term does not include a utility pole or an electrical transmission tower.

(B) Permit Required. Any person or entity seeking to construct a new wireless support structure must obtain from the Town of Avon a Telecommunications Facility Permit.

230 (C) Compliance with Zoning Code Required. All applicants for a Telecommunications Facility Permit must demonstrate compliance with all provisions of the Avon Zoning Code, including but not limited to Section 13-12. (D) Contents of Application for Permit. The application for a permit under this section includes the following information: (1) The name, business address and point of contact of the applicant; (2) The location of the proposed or affected wireless support structure or wireless facility; (3) A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment; (4) Evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless structure is not a viable option because collocation; (a) would not result in the same wireless service functionality, coverage and capacity; (b) is technically infeasible; or (c) is an economic burden to the applicant. (5) If the Avon Zoning Ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed wireless support structure in accordance with Indiana Code 36-7-4-918.2, evidence showing that the applicant complies with the criteria set forth in the Zoning Ordinance with respect to such special exception, special use, contingent use, or conditional use. (6) If the proposed wireless support structure is not a permitted use under the Avon Zoning Ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the Zoning Ordinance in accordance with Indiana Code 36-7-4-918.4.

(E) Consolidated Applications. Applicants may apply for a single consolidated application for small cell facilities that constitute a single small cell network that are located in the Town, and the Town will issue a single permit for all small cell facilities included in the application rather than individual permits for each small cell facility if the applicant meets the requirements for the permit. (F) Determination of Completeness of Application. Within ten (10) days of receipt of the application by the Town of Avon, the Town will determine whether the application is complete. If the Town determines that the application is not complete, it will provide to the applicant within this 10-day period written notice of its determination of incompleteness. This notice will contain a description of all defects in the application, including all Town Code, ordinances, permit application instruction or other publicly-stated procedures that require the applicant to submit additional information. If the Town does not notify the applicant within this 10-day period that the application is incomplete, the application is considered complete.

231 (G) Provision of Additional Information by Applicant. If the Town notifies the applicant that the application is incomplete, the applicant may either cure the defects set forth in the notice of incompleteness and resubmit the corrected application within 30 days of receiving the notice of incompleteness or notify the Town that the applicant of the need for additional time needed to cure the defects. (H) Time for Permit Decision. Within 90 days after making an initial determination of completeness regarding the application, the Town will review the application to determine whether it complies with applicable laws and ordinances governing land use and zoning and notify the applicant in writing whether the application is approved or denied. If the applicant requested additional time to cure defects in the application, the 90-day period for the permit decision is extended for a corresponding amount of time. (I) Permit Fee. The is no permit fee, but other permit and inspection fees, such an electrical inspection fees and other fees, may apply to the project, as provided for in other provisions of the Town Code. (J) Protection of Confidential or Proprietary Information. The Town has established guidelines to protect confidential and proprietary information disclosed in an application. Applicants must designate such information on the application or other submittals.

§4-241 PERMIT FOR SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE

(A) Definitions. As used in this Section, the following definitions apply:

(1) “Antenna” means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

(2) “Base Station” means a station located at a specific site that is Authorized to communicate with mobile stations. The term includes all radio transreceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

(3) “Collocation” means the placement or installation of wireless facilities On existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement or modification or wireless facilities within an approved equipment compound.

(4) “Existing Structure” does not include a utility pole or and electrical transmission tower.

(5) “Small Cell Facility” means: (a) a personal wireless service facility, as defined by the Federal Telecommunications Act of 1996 as in effect July 1, 2015; or

232 (b) a wireless service facility that satisfies the following requirements: (i) each antenna, including exposed elements, has a volume of three cubic feet or less; (ii) all antennas, including exposed elements, have a total volume of six cubic feet or less; (iii) the primary equipment enclosure located with the facility has a volume of seventeen cubic feet or less. For purposes of this definition, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, ground equipment, power transfer switches or cutoff switches. (6) “Small Cell Network” means a collection of interrelated small cell facilities designed to deliver wireless service.

(7) “Substantial Modification of a Wireless Support Structure” means the mounting of a wireless facility on a wireless support structure in a manner that: (a) increases the height of the wireless support structure by the greater of: (i) ten percent of the original height of the wireless support structure; or (ii) twenty fees; (b) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure the greater of: (i) twenty fees; or (ii) the width of the wireless support structure at the location of the appurtenance; or (c) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred square feet. The term does not include increasing the height of a wireless support structure to avoid interfering with an existing antenna, increasing the diameter or area of a wireless support structure to either shelter the antenna from inclement weather or connect an antenna to the wireless support structure by cable. (8) “Utility Pole” means a structure that is owned or operated by a public utility, a communications service provider, a municipality, an electric membership corporation or rural electric cooperative and is designed and used to carry lines, cables, or wires for telephony, cable television, or electricity or provide lighting. This term does not include a wireless support structure or an electrical transmission tower.

(9) “Wireless Facility” means a set of equipment and network components

233 necessary to provide wireless communications service. This term does not include a wireless support structure.

(10) “Wireless Support Structure” means a freestanding structure designed to support wireless facilities. This term does not include a utility pole or an electrical transmission tower.

(B) Permit Required. Any person or entity seeking to make a substantial modification of a wireless support structure must obtain from the Town of Avon a Telecommunications Facility Permit. (C) Compliance with Zoning Code Required. All applicants for a Telecommunications Facility Permit must demonstrate compliance with all provisions of the Avon Zoning Code, including but not limited to Section 13-12. (D) Contents of Application for Permit. The application for a permit under this section includes the following information: (1) The name, business address and point of contact of the applicant; (2) The location of the proposed or affected wireless support structure or wireless facility; (3) A construction plan that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment; (4) If the Avon Zoning Ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed wireless support structure in accordance with Indiana Code 36-7-4-918.2, evidence showing that the applicant complies with the criteria set forth in the Zoning Ordinance with respect to such special exception, special use, contingent use, or conditional use. (6) If the proposed wireless support structure is not a permitted use under the Avon Zoning Ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the Zoning Ordinance in accordance with Indiana Code 36-7-4-918.4.

(E) Consolidated Applications. Applicants may apply for a single consolidated application for small cell facilities that constitute a single small cell network that are located in the Town, and the Town will issue a single permit for all small cell facilities included in the application rather than individual permits for each small cell facility if the applicant meets the requirements for the permit. (F) Determination of Completeness of Application. Within ten (10) days of receipt of the application by the Town of Avon, the Town will determine whether the application is complete. If the Town determines that the application is not complete, it will provide to the applicant within this 10-day period written notice of its determination of incompleteness. This notice will contain a description of all defects in the application, including all Town Code, ordinances, permit application instruction or other publicly-stated procedures that require the applicant to submit additional information. If the Town does not notify the applicant within this 10-day period that the application is incomplete, the application is considered complete.

234 (G) Provision of Additional Information by Applicant. If the Town notifies the applicant that the application is incomplete, the applicant may either cure the defects set forth in the notice of incompleteness and resubmit the corrected application within 30 days of receiving the notice of incompleteness or notify the Town that the applicant of the need for additional time needed to cure the defects. (H) Time for Permit Decision. Within 90 days after making an initial determination of completeness regarding the application, the Town will review the application to determine whether it complies with applicable laws and ordinances governing land use and zoning and notify the applicant in writing whether the application is approved or denied. If the applicant requested additional time to cure defects in the application, the 90-day period for the permit decision is extended for a corresponding amount of time. (I) Permit Fee. The is no permit fee, but other permit and inspection fees, such an electrical inspection fees and other fees, may apply to the project, as provided for in other provisions of the Town Code. (J) Protection of Confidential or Proprietary Information. The Town has established guidelines to protect confidential and proprietary information disclosed in an application. Applicants must designate such information on the application or other submittals.

§ 4-242 PERMIT FOR COLLOCATION OF WIRELESS FACILITIES

(A) Definitions. As used in this Section, the following definitions apply:

(1) “Antenna” means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

(2) “Base Station” means a station located at a specific site that is Authorized to communicate with mobile stations. The term includes all radio transreceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

(3) “Collocation” means the placement or installation of wireless facilities On existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement or modification or wireless facilities within an approved equipment compound.

(4) “Existing Structure” does not include a utility pole or and electrical transmission tower.

(5) “Small Cell Facility” means: (a) a personal wireless service facility, as defined by the Federal Telecommunications Act of 1996 as in effect July 1, 2015; or (b) a wireless service facility that satisfies the following requirements:

235 (i) each antenna, including exposed elements, has a volume of three cubic feet or less; (ii) all antennas, including exposed elements, have a total volume of six cubic feet or less; (iii) the primary equipment enclosure located with the facility has a volume of seventeen cubic feet or less. For purposes of this definition, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, ground equipment, power transfer switches or cutoff switches. (6) “Small Cell Network” means a collection of interrelated small cell facilities designed to deliver wireless service.

(7) “Substantial Modification of a Wireless Support Structure” means the mounting of a wireless facility on a wireless support structure in a manner that: (a) increases the height of the wireless support structure by the greater of: (i) ten percent of the original height of the wireless support structure; or (ii) twenty fees; (b) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure the greater of: (i) twenty fees; or (ii) the width of the wireless support structure at the location of the appurtenance; or (c) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred square feet. The term does not include increasing the height of a wireless support structure to avoid interfering with an existing antenna, increasing the diameter or area of a wireless support structure to either shelter the antenna from inclement weather or connect an antenna to the wireless support structure by cable. (8) “Utility Pole” means a structure that is owned or operated by a public utility, a communications service provider, a municipality, an electric membership corporation or rural electric cooperative and is designed and used to carry lines, cables, or wires for telephony, cable television, or electricity or provide lighting. This term does not include a wireless support structure or an electrical transmission tower.

(9) “Wireless Facility” means a set of equipment and network components necessary to provide wireless communications service. This term does not include

236 a wireless support structure.

(10) “Wireless Support Structure” means a freestanding structure designed to support wireless facilities. This term does not include a utility pole or an electrical transmission tower.

(B) Permit Required. Any person or entity seeking to collocate wireless facilities on an existing structure must obtain from the Town of Avon a Telecommunications Facility Permit. (C) Compliance with Zoning Code Not Required. An application for a permit for collocation is not required to comply with zoning or land use requirements and is not subject to a public hearing. (D) Contents of Application for Permit. The application for a permit under this section includes the following information: (1) The name, business address and point of contact of the applicant; (2) The location of the proposed or affected wireless support structure or wireless facility; and (3) Evidence of conformance with applicable building permit Requirements.

(E) Consolidated Applications. Applicants may apply for a single consolidated application to collocate multiple wireless facilities and small cell facilities that constitute a single small cell network that are located in the Town, and the Town will issue a single permit for all wireless service facilities or small cell facilities included in the application rather than individual permits for each wireless service facility or small cell facility if the applicant meets the requirements for the permit. (F) Determination of Completeness of Application. Within ten (10) days of receipt of the application by the Town of Avon, the Town will determine whether the application is complete. If the Town determines that the application is not complete, it will provide to the applicant within this 10-day period written notice of its determination of incompleteness. This notice will contain a description of all defects in the application, including all Town Code, ordinances, permit application instruction or other publicly-stated procedures that require the applicant to submit additional information. If the Town does not notify the applicant within this 10-day period that the application is incomplete, the application is considered complete. (G) Provision of Additional Information by Applicant. If the Town notifies the applicant that the application is incomplete, the applicant may either cure the defects set forth in the notice of incompleteness and resubmit the corrected application within 15 days of receiving the notice of incompleteness or notify the Town that the applicant of the need for additional time needed to cure the defects. (H) Time for Permit Decision. Within 45 days after making an initial determination of completeness regarding the application, the Town will review the application to determine whether it complies with applicable laws and ordinances governing land use and zoning and notify the applicant in writing whether the application is approved or denied. If the applicant requested additional time to cure defects in the application, the 45-day period for the permit decision is extended for a corresponding amount of time.

237 (I) Permit Fee. The is no permit fee, but other permit and inspection fees, such an electrical inspection fees and other fees, may apply to the project, as provided for in other provisions of the Town Code. (J) Protection of Confidential or Proprietary Information. The Town has established guidelines to protect confidential and proprietary information disclosed in an application. Applicants must designate such information on the application or other submittals. (K) No Regulation of Utility Poles or Electrical Transmission Towers. This section is not intended to regulate the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.

238

CHAPTER 5: PARKS, RECREATION AND BEAUTIFICATION Article 1. PARKS, RECREATION AND BEAUTIFICATION IN GENERAL

2. RESERVED

3. GENERAL RULES AND GUIDELINES FOR PARKS

239 ARTICLE 1: PARKS, RECREATION AND BEAUTIFICATION IN GENERAL

Section 5-1 Authority to operate 5-2 Administration

§ 5-1 AUTHORITY TO OPERATE.

The Avon Town Council shall serve as the "Park Authority" as defined by the I.C. 36-10-5-2. The Town Council may establish, aid, maintain, and operate public parks, playgrounds, and recreational facilities and programs. As the Park Authority, the Avon Town Council shall have all of the powers and duties prescribed by Indiana law. (Ord. 2009-29, passed 12-17-09)

§ 5-2 ADMINISTRATION.

As the Park Authority, the Avon Town Council shall administer the parks facilities and Programs. The Avon Parks and Recreation Beautification Council shall advise the Town Council on matters relating to administration as Requested by the Town Council. (Ord. 2009-29, passed 12-17-09)

240 ARTICLE2: RESERVED

241 ARTICLE 3: GENERAL RULES AND GUIDELINES FOR PARKS Section

5-10 Reserved 5-11 General rules and guidelines 5-12 Fishing rules and regulations 5-13 Prohibited persons 5-14 Park speed limits 5-15 Remedies 5-16 Reserved 5-17 Hours of operation 5-18 Reserved 5-19 Alcoholic beverages prohibited 5-20 RC Track Rules

§ 5-10 RESERVED.

§ 5-11 GENERAL RULES AND GUIDLEINES.

(A) All government owned parks within the town will be subject to the following general rules and regulations:

(1) Any persons using the town park or other facilities must obey any order of a police officer, or any other agent of the town, at all times.

(2) Any accident on the town property must be reported to a police officer or any other agent of the town.

(3) Deposit of debris, waste, or trash of any kind into the lake or town property is prohibited. This includes trees, limbs, and leaves.

(4) Alcohol and drugs are prohibited. (5) No dogs or animals are allowed in the lake. Dogs must be on a leash and the owner is responsible for cleaning up after the dog.

(6) Parking is available on the east side of the building.

(7) No vehicular traffic is allowed.

(8) No children under the age of 12 are allowed on the premises without supervision of an adult.

(9) No boating, swimming, or ice skating.

242 (10) Persons and animals are not allowed in the lake.

(11) No skateboarding.

(12) No fires.

(13) No cleaning fish on premises.

(14) Please do not disturb the natural features of the lake and park.

(15) No climbing trees.

(16) No cutting down trees.

(17) Weapons other than firearms, pellet guns, air guns, bow and arrows, and crossbows are prohibited.

(18) Only wind or electric powered toy Boats are allowed. All other boats are prohibited.

(19) Park hours shall be dawn until dusk.

(B) Other specific regulations may be set out in town ordinances or as specifically posted by the Park Authority.

(C) Violation of this section may result in suspension of park privileges or a fine. (Ord. 97-35, passed 9-25-97; Am. Ord. 2000-10, passed 7-17-2000; Am. Ord. 2012-2, passed 3-8-12) Penalty, see§ 1-99

§ 5-12 FISHING RULES AND REGULATIONS.

(A) All government owned lakes within the town will be subject to the following general rules and regulations:

(1) Always check the information board for additional instructions.

(2) Fishing is allowed between the white markers only, and is prohibited between the red markers.

(3) Fishing is allowed from dawn until dusk.

(4) A state fishing license is required.

(5) Fishing is permitted throughout the year from the banks.

243 (6) The town may determine at times that fishing is catch and release. Please check the information board prior to removing any fish from the property. Otherwise, there is no limit on size and number of fish taken, with the exception of largemouth bass; a 21-inch minimum size limit is imposed on largemouth bass.

(7) Commercial fishing is prohibited.

(8) Goldfish, carp minnows, and gizzard are prohibited as bait.

(9) Placing fish in the lake for stocking purposes is prohibited.

(10) The only mechanism to fish should be a fishing pole or hand line (limit one per person), with no more than two single or multi-barbed hooks. Use of a landing net to assist in the landing of a legally caught fish is permitted. Landing nets may not be used as a method of catching fish (no minnow catching).

(11) No reptiles or amphibians may be collected. This includes snakes, frogs, salamanders, lizards and turtles.

(12) It is illegal to collect or take live or dead mussel shells from the public waters.

(13) If this section is violated, please notify an agent of the town or a police officer.

(B) Violation of this section may result in suspension of the park privileges or a fine. (Ord. 2000-9, passed 7-17-200) Penalty, see § 1-99

§ 5-13 PROHIBITED PERSONS.

(A) The following individuals are prohibited from all parks, playgrounds, and other recreational facilities owned, operated, or managed by the Town of Avon or its designees:

(1) Those individuals required by Indiana law to register with the State of Indiana Sex Offender Registry, published and disseminated by the Indiana Criminal Justice Institute; and (2) Whose conviction, which requires such registration, occurs after the adoption of this section.

(B) The prohibition provided by this section terminates when the individual is no longer required by Indiana law to register with the State of Indiana Sex Offender Registry. Any person who violates this section shall be fined $200 for each violation. (Ord. 2009-29, passed 12-17-09)

244 § 5-14 PARK SPEED LIMITS.

No vehicle shall be driven in a speed in excess of 15 miles per hour in any park within the town boundaries. (Ord. 97-35, passed 8-25-97) Penalty, see § 1-99

§ 5-15 REMEDIES.

The Town of Avon, through its employees and agents, may enforce this chapter using all legal means, including but not limited to actions for the collection of money, injunctive relief, and other remedies in the Avon Town Court, the Circuit and Superior Courts of Hendricks County, Indiana, or other courts of competent jurisdiction.

§ 5-16 RESERVED.

§ 5-17 HOURS OF OPERATION.

The Washington Township Trustee, the Washington Township Park Director or other designee may set hours of operation for any park owned by the township. The hours shall be posted in and around the property. Any person found upon the park property outside the hours set Prosecution for trespassing.

(A) It is a defense to a trespassing charge for the person charged to show that he or she had actual authority for his or her presence outside the hours set. (Ord. 97-35, passed 9-25-97) Penalty, see§ 1-99

§ 5-18 RESERVED.

§ 5-19 ALCOHOLIC BEVERAGES PROHIBITED.

All alcoholic beverages are prohibited in any government owned park within the town limits unless a special use permit is granted by the Town Manager or his or her designee for the occasion The special use permit shall outline the regulations regarding consumption of alcohol at a gathering in a government owned park within the town limits. (Ord. 97-35, passed 9-25-97; Am. Ord. 2008-27 passed 10-9-08) Penalty, see§ 1-99

245 § 5-20 RC TRACK RULES.

The purpose of these rules is to promote safety, encourage sportsmanship, avoid Frustration, and keep the track fun and friendly.

(A) The RC track is a Town Hall Park amenity and available to the general public during normal park hours. Organized events or races should be scheduled through the Avon Parks Department.

(B) Follow all existing Avon Town Hall Park rules. This includes no smoking or alcohol in the park.

(C) Only battery powered vehicles permitted on the RC track. Nitro (glow or gas) powered vehicles are not allowed due to park noise restrictions.

(D) No bicycles or running on track. Track is for RC vehicles only. Follow intended track direction.

(E) Pick up your trash and take it with you! Avon Town Hall Park is a beautiful place.

(F) Permission from the Avon Parks Department should be received prior to adding, modifying, maintaining, or altering the RC track or grounds in any way.

(G) Children under the age of I 2 are not to be at the track unsupervised. A parent or guardian must be at the track with them at all times. –

(H) Everyone marshals. If you use the track, you must take a turn at marshaling unless you are physically unable. Marshaling is spending an equal amount of time on the track placing cars back on the track that have flipped off or are stuck.

(I) Drivers under the age of I 2 are not to marshal. Their parent or guardian is to find or be their replacement.

(J) No mobile phone use while marshaling or driving.

(K) Only drivers running their vehicle are allowed on the driver's stand.

(L) Organized groups and individuals are not permitted to make a profit by holding events or classes. All activities should be coordinated through the Avon Parks Department.

(M) Good sportsmanship is the most important rule. Remember, this is a hobby! Winning is fun, but not the only goal. Foul language, trash talking to drivers or marshals or other unsportsmanlike conduct will result in a warning. A second instance will result in you being asked to leave the track.

246 (N) Avon Parks Department staff will be treated with respect and their direction will be followed. Violation of this or any of these rules or rules of the park may result in the loss of park privileges including the use of the RC Track. (Ord. 2016-18, passed 5-12-16)

247 ARTICLE 1: GENERAL PROVISIONS

Section

6-1 Authority to regulate 6-2 Reserved 6-3 Regulation of air and sound 6-4 Regulation of public gatherings 6-5 Reserved 6-6 Control over animals 6-7 Offenses against public health, order and decency 6-8 Resisting official action

§ 6-1 AUTHORITY TO REGULATE.

The town may regulate the conduct, use or possession of property which might endanger the public health, safety or welfare of its citizens. (’95 Code, § 6-1) (Ord. 95-7, passed 11-30-95)

§ 6-2 RESERVED.

§ 6-3 REGULATION OF AIR AND SOUND.

The town may regulate the introduction of any substance or odor into the air, or any generation of sound. (’95 Code, § 6-3) (Ord. 95-7, passed 11-30-95)

§ 6-4 REGULATION OF PUBLIC GATHERINGS.

The town may regulate public gatherings, shows, demonstrations, fairs, conventions, sporting events and exhibitions. (’95 Code, § 6-4) (Ord. 95-7, passed 11-30-95)

§ 6-5 RESERVED.

§ 6-6 CONTROL OVER ANIMALS.

The town may regulate the control of animals and may establish animal shelters. (’95 Code, § 6-6) (Ord. 95-7, passed 11-30-95) Statutory reference:

248 For provisions concerning the establishment, operation and maintenance of animal shelters, see I.C. 36-8-2-6

§ 6-7 OFFENSES AGAINST PUBLIC HEALTH, ORDER AND DECENCY.

All offenses against public health, order or decency not addressed by this code shall be governed by statue statues. (’95 Code, § 6-7) (Ord. 95-7, passed 11-30-95)

§ 6-8 RESISTING OFFICIAL ACTION.

It shall be unlawful for any person to knowingly or intentionally interfere or attempt to impede or interfere with a town official or employee in the performance of their duties. (’95 Code, § 6-9) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99 Statutory referenced: For provisions concerning resisting a law enforcement officer, see I.C. 35-44-3-3

249

ARTICLE 2: ALCOHOLIC BEVERAGES, DRUGS AND CONTROLLED SUBSTANCES REGULATIONS

Section

6-11 Conduct prohibited 6-12 Regulation of substances containing synthetic cannabinoids

§ 6-11 CONDUCT PROHIBITED.

No person shall possess, consume or use alcoholic beverages, drugs or controlled substances on town property. (’95 Code, § 6-11) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-12 REGULATION OF SUBSTANCES CONTAINING SYNTHETIC CANNABINOIDS.

(A) It is unlawful for any person to sell, market, or offer for sale within the Town of Avon, Indiana, products containing synthetic cannabinoids such as K2 or Spice or similar products which contain one or more of the following chemical compounds:

(1) (6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a- tetrahydrobenzo[c]chromen-1-o1, also known as HU-210;

(2) 1-Pentyl-3-(1-naphthoyl) indole, also known as JWH-018;

(3) 1-Butyl-3-(1-naphthoyl) indole, also known as JWH-073;

(4) All parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such pant, its seeds or its extracts;

(5) TFMPP, a substance also known as 1-(3-[trifluoromethylphenyl]) piperazine;

(6) Cannabicyclohexanol, a substance also known as 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2- methylnonan-2-yl) phenol; or

(7) Any other relevant compound or derivative (“products”).

(B) It is unlawful for any person to burn, incinerate, or ignite in any public place or on any property owned, leased, or controlled by the Town of Aon, Indiana, the products or any other product containing synthetic cannabinoids.

250 (C) It is unlawful for any person, entity, or business/retail establishment to sell, publicly display for sale, or attempt to sell, give, or barter the Products or any other synthetic marijuana or synthetic equivalents of substances contained in the plant Cannabis or in the resinous extractives of Cannabis or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity or any substance which claims which properties even if in actuality they do not. Because the nomenclature of these substances and products are not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.

(D) Persons violating the provisions of this section shall be subject to a civil fine of not less than $100 and not more than $1,000, plus court costs. Each day of the existence of any violation of this section shall be considered a separate offense.

(E) Entities, including businesses and retail establishments, violating the provisions of this section shall be subject to a civil fine of not less than $250 and not more than $2,500, plus court costs. Each day of the existence of any violation of this section shall be considered a separate offense.

(F) If any of the aforementioned substances or Products is found in the possession of any person or entity, they may be confiscated and destroyed by any law enforcement official as provided by law, and any aforementioned substance(s) or product(s) reasonably suspected to be described herein may be photographed as evidence pending adjudication of the alleged violation. (Ord. 2010-22, passed 11-18-10)

251 ARTICLE 3: ANIMAL REGULATIONS Section

Division I: Dogs

6-18 Definitions 6-19 Kennel dogs 6-20 At large prohibited 6-21 Actions of dogs constituting a nuisance 6-22 Impounding 6-23 Reserved 6-24 Administration of licensing procedures 6-25 Applications and payments of costs

Division II: Livestock

6-30 Animals prohibited 6-31 Numbers restricted 6-32 Penalties

Division III: Dead Animal Disposal

6-35 Removal required 6-36 Reserved 6-37 Town removal 6-38 Payment of costs 6-39 Railroad burial prohibited 6-40 Railroad removal required

Division IV: Rabies Control

6-41 Rabies vaccination required 6-42 Reports by veterinarians

DIVISION I: DOGS

§ 6-18 DEFINITIONS.

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

AT LARGE. Any licensed or unlicensed dog found off the premises of its owner not restrained on a leash, and the leash not held and under the direct and immediate control of the owner.

DOGS. Both male and female animals of the canine species whether spayed, neutered or not.

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OWNER. Any person or persons, firm, association or corporation owning, keeping, sheltering or harboring a dog. (’95 Code, § 6-18) (Ord. 95-7, passed 11-30-95; Am Ord. 2017-18, passed 8-24-17)

§ 6-19 KENNEL DOGS.

Kennel dogs which are kept or raised solely for the bona fide purpose of sale, which are kept under constant restraint and are subject to the provisions of this article. (’95 Code, § 6-19) (Ord. 95-7, passed 11-30-95)

§ 6-20 AT LARGE PROHIBITED.

No owner of any dog, whether the dog be licensed or unlicensed, will permit a dog off the owner’s property without a leash. An owner, when taking the dog off the owner’s premises, will hold and have direct and immediate control of the leash. (’95 Code, § 6-19) (Ord. 95-7, passed 11-30-95; Am Ord. 2017-18, passed 8-24-17) Penalty, see § 1-99

§ 6-21 ACTIONS OF DOGS CONSTITUTING A NUISANCE.

(A) It shall be unlawful for an owner of a dog to allow or permit the dog to pass upon the premises of another, thereby causing damage to or interference with the use or occupancy of the premises.

(B) It shall be unlawful for an owner of a dog to allow or permit the dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles. (’95 Code, § 6-21) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-22 IMPOUNDING

(A) Any unlicensed or unvaccinated dog found at large or any licensed dog found at large in violation of § 6-20 shall be seized and impounded. In addition, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

(B) Impounded dogs, whether licensed or no licensed, may be recovered by the owner, upon proper identification, by payment of the license fee, impounding fee and boarding costs and the costs of vaccination if vaccination is required. (’95 Code, § 6-22) (Ord. 95-7, passed 11-30-95)

§ 6-23 RESERVED.

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§ 6-24 ADMINISTRATION OF LICENSING PROCEDURES.

The Clerk-Treasurer is authorized to adopt forms for licenses, permits and applications therefor, and perform additional procedures, including the employment of agents, respecting licenses and permits as are consistent with this article and necessary or desirable in effecting an efficient and just administration of the provisions of this article. (’95 Code, § 6-24) (Ord. 95-7, passed 11-30-95)

§ 6-25 APPLICATIONS AND PAYMENT OF COSTS.

Each person required by this article to obtain a license or permit, or to renew an existing license or permit, shall make application therefor on forms provided by the Clerk-Treasurer and shall pay the applicable fee to the Clerk-Treasure or his agent. (’95 Code, § 6-25) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

DIVISION II: LIVESTOCK

§ 6-30 ANIMALS PROHIBITED.

(A) General prohibition. It is unlawful for any person, corporation or association to keep or maintain within the town any of the following: horse, mule, pony, cow, bull, steer, calf, goat, sheep, pig, or any wild animals, including but not limited to camels, monkeys or tigers.

(B) Exception. The general prohibition contained in division (A) pertaining to horses, mules, ponies, cows, bulls, steers, calves, goats, sheep, and pigs does not apply in agricultural zoning districts in the town. The prohibition regarding the keeping or maintaining wild animals applies to agricultural zoning districts in the town. (’95 Code, § 6-30) (Ord. 95-7, passed 11-30-95); Am. Ord. 2012-4, passed 3-8-12) Penalty, see § 1-99

§ 6-31 NUMBERS RESTRICTED.

(A) General restriction. It is made illegal and unlawful for any person, partnership corporation or association to keep any of the following on any premises in the town in numbers consisting of more than two full grown creatures and their immature offspring: chickens, turkeys, ducks, rabbits, hamsters, guinea pigs or geese.

(B) Exception. The general restriction contained in division (A) does not apply in agricultural zoning districts. (’95 Code, § 6-31) (Ord. 95-7, passed 11-30-95); Am. Ord. 2012-4, passed 3-8-12) Penalty, see § 1-99

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§ 6-32 PENALTIES.

Any person, firm or corporation violating any provision of this Chapter, other than Sections 6-30 or 6-31, is subject to a fine in the amount of $100 for a first violation, $200 for a second violation within 12 months of a first violation, and $500 for a third or other additional violations within 12 months of a first violation. Any person, firm or corporation violating §§6-30 or 6-31 shall be fined $200 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. All fines must be paid to the Clerk-treasurer within 30 days of the notice. If the violator appeals the notice, as provided for in 6-33, this 30-day period will be stayed until the resolution of the appeal. If the violator fails to timely pay the fine, the Clerk-Treasurer may authorize the Town Attorney to file an action for the collection of the fine in Town Court. If the Town initiates a case for the collection of a fine, the Town may recover the amount of the fine, reasonable attorney’s fees and court costs incurred in the collection case. Nothing in this Section will be construed as a punishment or criminal penalty. Penalties provided for in this section are civil in nature. (Ord. 2012-4 passed 3-8-12; Am Ord 2017-18, passed 8-24-17)

§ 6-33 APPEALS AND HEARINGS.

If a violation occurs, the Town will issue a notice of violation. The violator named in the notice may appeal the notice of violation by filing a written appeal with the Clerk- Treasurer within 15 days of receipt of the notice. Within 30 days of receipt of the appeal, the Town Council will conduct a hearing on the appeal. The Town Council will provide notice of the hearing to the appealing party at least 10 days prior to the hearing. After the hearing, the Town Council will make written findings of fact and conclusions and mail the findings and conclusions to the appealing party. The appealing party may appeal the decision to a court of competent jurisdiction by filing a written appeal within 30 days of the date of the findings and conclusions.

(Ord. 2012-4, passed 3-8-12, Amended by Ord. 2017-18, adopted 8-24-17.)

DIVISION III: DEAD ANIMAL DISPOSAL

§ 6-35 REMOVAL REQUIRED.

It is unlawful for any person or persons to bury any dead animal within the town’s corporate limits, but the owner or owners of the animal or animals must, within ten hours after he, she or they have been notified of the death of the animal or animals, remove them from the corporate limits. (’95 Code, § 6-35) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-36 RESERVED.

255 § 6-37 TOWN REMOVAL.

In case there is no proof of the ownership of the dead animal(s), it shall be the right of the town, in a reasonable time, to remove them or cause them to be removed at the expense of the town. (’95 Code, § 6-37) (Ord. 95-7, passed 11-30-95)

§ 6-38 PAYMENT OF COSTS.

Any person or persons having any animal die or be killed within the corporate limits of the town shall move the animals outside of the corporate limits and securely bury them within ten hours thereafter. If the owners of any animal or animals fails or refuses to move any animal, the Chief of Police shall properly dispose of any animal out of the corporate limits and bury them and forthwith file a complaint against the owner or owners in the name of the corporation charging the owner(s) with the costs of moving and burying the animals and present the complaint to final judgment. (’95 Code, § 6-38) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-39 RAILROAD BURIAL PROHIBITED.

It is unlawful for any railroad company, by their agents or employees, to bury any animal that may have been killed by the engines or cars of the company within the corporate limits of the town. (’95 Code, § 6-39) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-40 RAILROAD REMOVAL REQUIRED.

If any railroad company neglects or refuses to move any animal that may have been killed by the engine or cars out of the corporate limits of the town after being notified by any person where the animal is lying then any law enforcement officer may properly dispose of the animal out of the corporate limits, then notify the agent of the company of the cost and charges of moving the animal. If the agent or company fails or refuses to pay the charges, then the town shall forthwith file a complaint against the company, in the name of the corporation, charging the company the charges and costs of moving the animal or animals and prosecute the complain to final judgment. (’95 Code, § 6-40) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

DIVISION IV: RABIES CONTROL

§ 6-41 RABIES VACCINATION REQUIRED.

Each dog and cat kept in the town shall have a rabies vaccination more recent than one year. (’95 Code, § 6-41) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

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§ 6-42 REPORTS BY VETERINARIANS.

Each veterinarian within the town shall report to the Clerk-Treasurer animals suspected by him of being rabid. (’95 Code, § 6-42) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

257 ARTICLE 4: OUTDOOR BURNING REGULATIONS Section

6-45 Certain outdoor burning prohibited 6-46 Regulation of fires permitted 6-47 Exceptions

Statutory reference: For provisions concerning air pollution, see I.C. 13-7-1-1 et sez. For provisions concerning the definition of “open burning,” see I.C. 13-11-2-145

§ 6-45 CERTAIN OUTDOOR BURNING PROHIBITED.

No person shall kindle or maintain any bonfire or burn leaves, trash, rubbish, debris, garbage, construction materials, tree limbs, shrubbery trimmings or dangerous materials or dispose of same by burning. No person shall knowingly furnish the materials for the fire or authorize any fire to be kindled or maintained on or in any street, alley, road, public grounds or private land. This section shall not prohibit the use of outdoor fire for home cooking or for recreational purposes in a public park or on private property so long as the fire is confined in a facility specifically provided for that purpose and is supervised by at least one adult at all times. (’95 Code, § 6-45) (Ord. 95-7, passed 11-30-95) Am. Ord. 2016-04, passed 3-10-16) Penalty, see § 1-99

§ 6-46 REGULATION OF FIRES PERMITTED.

(A) The following types of fires are permitted without prior approval of the Avon Town council or its president:

(1) Fires used for celebrating Twelfth Night ceremonies:

(2) Fires used for celebrating school pep rallies:

(3) Fires used for celebrating counsel activities; and

(4) Fires used for recreational or cooking purposes.

(B) Al exempted fires, including fires for cooking or recreational purposes, shall be subject to the following:

(1) Only wood products shall be burned;

(2) The fire shall be attended at all times until completely extinguished;

258 (3) If fires create an air pollution problem, a nuisance or a fire hazard, they shall be extinguished; and

(4) No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, and the like.

(C) Burning with prior approval of the Town Council or its President may be authorized for the following:

(1) Burning of refused consisting of material resulting from a natural disaster;

(2) Burning for purposes of fire training;

(3) Emergency burning of spilled petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire hazard or water pollution problems; and

(4) Burning of highly explosive or other dangerous materials for which no alternative disposal method exists or where transportation of materials is impossible. Any person who allows the accumulation or existence of combustible materials which causes or continues a fire shall not be excused from responsibility therefor on the basis that the fire was set by vandals, by accident or act of God. (’95 Code, § 6-46) (Ord. 95-7, passed 11-30-95; Am. Ord. 2016-04, passed 3-10-16) Penalty, see § 1-99

§6-47 EXCEPTIONS.

The prohibitions and restrictions of outdoor burning contained in §§ 6-45 and 6-46 do not apply to agricultural zoning district sin the town. (Ord. 2012-3, passed 3-8-12)

259 ARTICLE 5: CURFEW REGULATIONS Section

6-55 Curfew imposed 6-56 Exceptions Statutory reference: For provisions concerning curfew violations, see I.C. 31-37-3-1 et seq. Editor’s note: These provisions may be unenforceable due to state case(s) decided in 2000 and subsequently.

§ 6-55 CURFEW IMPOSED.

(A) It is a curfew violation for a child, 15, 16, or 17 years of age, to be in a public place:

(1) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;

(2) After 11:00 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 11:00 p.m. or before 5:00 a.m. on any day (’95 Code, § 6-55) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

6-56 EXCEPTIONS.

§ 6-55 does not apply to a child who is:

(A) Accompanied by his parent, guardian or custodian;

(B) Accompanied by an adult specified by his parent, guardian or custodian; or

(C) Going to or returning from:

(1) Lawful employment;

(2) A school sanctioned activity; or

(3) A religious event. (’95 Code, § 6-55) (Ord. 95-7, passed 11-30-95)

260 ARTICLE 6: DEADLY WEAPONS

Section

Division I: Dangerous Knives

6-60 Definition 6-61 Possession and sale 6-62 Exemptions

Division II: Discharging Firearms

6-66 Definition 6-67 Shooting of firearms prohibited 6-68 Exceptions

Division III: Minors Possessing Weapons

6-75 Conduct prohibited

Division IV: Knucks and Billys

6-80 Definition of knucks 6-81 Definition of billy 6-82 Possession and sale of knucks and billys

Division V: Prohibiting Deadly Weapons in the Town Hall and Municipal Grounds and Parks and Town Owned Facilities

6-83 Definitions 6-84A Possession of deadly weapons prohibited in the Town Hall and Municipal Grounds or at any Town Park or Facility owned by the Town of Avon

Division VI: Prohibiting Firearms in the Avon Police Station and Town Court Building

6-84B Prohibition of firearms and exceptions Statutory reference: For provisions concerning weapons and instruments of violence, see I.C. 35-47-1-1 et seq.

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DIVISION I: DANGEROUS KNIVES

§ 6-60 DEFINITION.

For the purpose of this division, the definition shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS KNIFE. Any knife having a blade more than 3 ½-inches in length, any dagger, sword, bayonet, bolo knife, hatchet, straight-edge razor or razor blade not in a package, dispenser or shaving appliance. (’95 Code, § 6-60) (Ord. 95-7, passed 11-30-95)

§ 6-61 POSSESSION AND SALE.

It is unlawful for anyone to knowingly carry, concealed on his person or in any vehicle, any dangerous knife, or to sell or give away to any person under 18 years of age to purchase or possess a dangerous knife. (’95 Code, § 6-61) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-62 EXEMPTIONS.

§ 6-61 shall not apply to:

(A) Individually-licensed hunters or fishermen while on hunting, camping or fishing trips;

(B) Any person over 18 years of age carrying the knife in a secure wrapper from or to the place of purchase, to or from a place of repair or to his home or place of business; or

(C) Any person while in his place of abode or fixed place of business. (’95 Code, § 6-62) (Ord. 95-7, passed 11-30-95)

DIVISION II: DISCHARGING FIREARMS

§ 6-66 DEFINITION.

For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FIREARM. Any weapon which is capable of or designed to or which may readily be converted to expel a projectile with deadly force by means of an explosion. (’95 Code, § 6-66) (Ord. 95-7, passed 11-30-95)

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§ 6-67 SHOOTING OF FIREARMS PROHIBITED.

No person shall fire or discharge, or cause to be fired or discharged, within the limits of the town any firearm. (’95 Code, § 6-67) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-68 EXCEPTIONS.

The general prohibition contained in § 6-67 shall not apply to:

(A) Peace officers or soldiers in the discharge of their official duties and while in the exercise of reasonable care; nor to

(B) A person using a firearm in necessary self-defense; nor to

(C) Persons lawfully conducting a shooting gallery who have first procured all necessary license and permits under state law and town ordinance; and

(E) Persons firing and/or lawfully discharging firearms in agriculture zoning districts in town. (’95 Code, § 6-68) (Ord. 95-7, passed 11-30-95; Am. Ord. 2012-5, passed 3-8-12)

DIVISION III: MINORS POSSESSING WEAPONS

§ 6-75 CONDUCT PROHIBITED.

No person shall sell, loan or furnish to any minor, under the age of 18 years any gun, pistol or other firearm, in which any explosive substance is or can be used, or any rifle, gun or other weapon which expel pellets or other missiles by use of compressed air or otherwise, pointed arrows propelled from a bow or explosives of any kind, for use or which are to be used within the limits of the town. Minors over the age of 15 years may be permitted with the consent of their parents or guardians to use firearms on the premises of a duly licensed shooting gallery, gun club or rifle club. (’95 Code, § 6-75) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99 Statutory reference: For provisions concerning the prohibition of selling, giving or transferring ownership of a handgun to any person under 18 years of age, see I.C. 35-47-2-7.

DIVISION IV: KNUCKS AND BILLYS

§ 6-80 DEFINITION OF KNUCKS.

For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

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KNUCKS. Any metal or nylon device which is capable of or designed to be placed on a person’s fist for the infliction of bodily injury to another person. (’95 Code, § 6-80) (Ord. 95-7, passed 11-30-95)

§ 6-81 DEFINITION OF BILLY.

For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BILLY. Any metal, rubber, nylon, wood or lethal device which is capable of or designed to be held in a person’s hand for the infliction of bodily injury to another person. (’95 Code, § 6-81) (Ord. 95-7, passed 11-30-95)

§ 6-82 POSSESSION AND SALE OF KNUCKS AND BILLYS.

It is unlawful for any person, except a duly authorized law enforcement officer, to knowingly expose or carry concealed on his or her person or in any vehicle, any knucks or billys or to offer for sale any knucks or billys. (’95 Code, § 6-82) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

DIVISION V: PROHIBITING DEADLY WEAPONS IN THE TOWN HALL AND MUNICIPAL GROUNDS AND PARKS AND TOWN OWNED FACILITIES

§ 6-83 DEFINITIONS.

For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DEADLY WEAPONS.

A weapon, device, taser or electronic stun gun, equipment, chemical substance, or other material that in the manner it is used, could ordinarily be used or is intended to be used, is readily capable of causing serious bodily injury. (Ord. 2004-07, passed 3-25-04; Am. Ord. 2011-18, passed 12-15-11)

§ 6-84A POSSESSION OF DEADLY WEAPONS PROHIBITED IN THE TOWN HALL AND MUNICIPAL GROUNDS.

(A) Except as provided in division (B) of this section, no person shall possess on or about his or her person any deadly weapons in the Town Hall, Avon Police Station and Town Court Building, and Municipal grounds, located at 6550 and 6570 East U.S. 36, Avon, Indiana or at any Town Park or Facility owned by the Town of Avon.

264

(B) Excepted persons. The provisions in division (A) of this section shall not apply to:

(1) Police officers;

(2) Sheriffs or their deputies;

(3) Marshals;

(4) Judges;

(5) Prosecutors, their deputies or their investigators authorized to carry deadly weapons;

(6) Employees of the United States authorized to carry deadly weapons; and

(7) Town Court security officers and bailiffs.

(C) Notice. Except for those persons identified in division (B) of this section, all other persons entering the Council Chamber occupied for the Town Court (“Courtroom”) in the Town Hall shall disclose to the Bailiff of the Court, or if the bailiff is unavailable, to the Court Clerk, that they have in their possession a deadly weapon. Any person who is in the courtroom and has in their possession a deadly weapon and has no reported to the bailiff and the clerk in accordance with this section by the time the judge takes the bench and opens the court to conduct its’ business, shall be in violation of this division.

(D) Penalty. Any person, firm or entity violating this division shall be fined $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continued. (Ord. 2004-07, passed 3-25-04; Am. Ord. 2011-18, passed 12-15-11)

DIVISION VI: PROHIBITING FIREARMS IN THE TOWN POLICE STATION AND COURT BUILDING.

§ 6-84b PROHIBITION OF FIREARMS AND EXCEPTIONS.

(A) Prohibition of firearms. Because the Avon Town Court is in the same building as the Avon Police Station, and no portion of the Town Police Station and Town Court Building is occupied by a residential tenant or private business, no person shall possess on or about his or her person a firearm or firearms in the Avon Police Station and Town Court Building located at 6550 E. U.S. 36 , Avon Indiana 46123, except as provided for in division (B) of this section.

(B) Exceptions. The following persons may possess firearms in the Avon Police Station and Town Court Building:

(1) Police officers;

265

(2) Sheriffs and their deputies;

(3) Marshals;

(4) Judges;

(5) Prosecutors, their deputies and their investigators who are authorized to carry firearms;

(6) Employees of the United States authorized to carry firearms;

(7) Town Court security officers and bailiff; and

(8) Persons who are in the Avon Police Station and Town Court Building for the sole purpose of registering their firearms.

(C) Penalty. Any person, firm, or entity violating this section shall be fined $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2011-18, passed 12-15-11)

266 ARTICLE 7: FIREWORKS Section

6-85 Use of fireworks restricted to designated times Statutory reference: For provisions concerning the regulation of fireworks by a fire marshal, see I.C. 22-11-14-1 et seq.

§ 6-85 USE OF FIREWORKS RESTRICTED TO DESIGNATED TIMES.

(A) A person may use, ignite, or discharge consumer fireworks within the corporate boundaries of the town only during the following times:

(1) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;

(2) Between the hours of 10: a.m. and 12:00 midnight on July 4; and

(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

(B) As used in this section, CONSUMER FIREWORK means, as provided in I.C. 22-11-14-1, a small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Consumer fireworks:

(1) Include:

(a) Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;

(b) Ground audible devices, which include firecrackers, salutes, and chasers; and

(c) Firework devices containing combinations of the effects described in division (a) and (b); and

(2) Do not include the items referenced in I.C. 22-11-14-8(a). (Ord. 2012-26, passed 12-20-12)

267 ARTICLE 8: GARBAGE DISPOSAL Section

6-90 Definitions 6-91 Permit required 6-92 Permit; suspension and revocation 6-93 Permit; separate for each site 6-94 Permit; fee 6-95 Permit; fee exemption 6-96 Inspection 6-97 Permit; approval required 6-98 Setback 6-99 Sanitary fill 6-100 Burning prohibited 6-101 Salvage removal 6-102 Scattering of materials 6-103 Equipment and road 6-104 Consumption by animals prohibited 6-105 Vermin infestation 6-106 Industrial wastes prohibited 6-107 Final over 6-108 Enforcement

§ 6-90 DEFINITIONS.

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

DISPOSAL. Relates to the disposal of garbage and rubbish which has been removed from premises used, owned or leased by one or more persons, firms, corporations or associations, and transported to other premises and disposed either with or without payment of a fee.

GARBAGE. Food wastes, including every waste accumulation of animal, fruit or vegetable matter used or intended for consumption by humans, or that attends the preparation, used, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.

PERSON. Any individual, firm, corporation, association or partnership.

RUBBISH. Includes such matter as ashes, cans, metalware, broken glass, crockery, dirt, sweepings, boxes, wood, grass, weeds or litter of any kind.

SANITARY FILL. Relates to the removal to any placing of garbage and rubbish in a specially prepared trench or its equivalent and the aforesaid contents thoroughly compacted and covered with at least six inches of compacted fresh earth daily. (’95 Code, § 6-90) (Ord. 95-7, passed 11-30-95)

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§ 6-91 PERMIT REQUIRED.

(A) It is unlawful for any person to engage in the public disposal of garbage or rubbish in the town who does no possess an unrevoked permit or license from the Won Council of the town or its duly authorized representative. Only persons who comply with the requirements of this article shall be entitled to receive and retain a permit or license. The permit or license shall be for a term of one year on a calendar year basis and may be renewed annually. Any permit or license so issued may be renewable annually. Any permit or license so issued shall contain the name of the person to whom granted, the address of the landfill site and the address of the person to whom the same is issued and the other information as may be required by the Town Council. A permit shall be issued to any person who has complied with the requirements of this article and no permit or renewal thereof shall be denied on arbitrary or capricious grounds.

(B) The Town Council shall have the power to determine the adequacy or sufficiency of sites proposed for land fill operations. In no case shall a permit be issued until and unless the applicant for the permit shows to the Town Council that the land to be used is property zoned. (’95 Code, § 6-91) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-92 PERMIT; SUSPENSION AND REVOCATION

A permit or license may be temporarily suspended by the Town Council or its representative upon violation by the holder of any part of the terms of this article, or revoked after a reasonable opportunity for a hearing by the Town Council upon serious or repeated violation. (’95 Code, § 6-92) (Ord. 95-7, passed 11-30-95)

§ 6-93 PERMIT; SEPARATE FOR EACH SITE.

A separate permit shall be required for each public disposal site operated, or to be operated, by any person. (’95 Code, § 6-93) (Ord. 95-7, passed 11-30-95)

§ 6-94 PERMIT; FEE.

The fee for insurance of the license or permit is $1,000 and shall be payable to the Clerk-Treasurer of the town and all fees so collected shall revert to the General Fund of the town. (’95 Code, § 6-94) (Ord. 95-7, passed 11-30-95)

§ 6-95 PERMIT; FEE EXEMPTION.

269 No fee shall be charged for any state, county or municipally owned and operated public garbage and rubbish disposal site in the town; provided, nevertheless, the Town Council shall have full jurisdiction and control over the policing within the terms of this article. (’95 Code, § 6-95) (Ord. 95-7, passed 11-30-95)

§ 6-96 INSPECTION.

(A) Town Council or its representative may inspect once each day each garbage and rubbish disposal site permitted or licensed in the town. In case the inspection discloses any violation of any of the terms of this article, they shall so notify the holder of the permit or license and suggest remedial measures to be undertaken within a day fixed, and after the lapse of time, they shall make a second special inspection to determine compliance as recommended. Any violation of the same items of this article or the second inspection shall call for a suspension or revocation of the permit or license.

(B) One copy of the Town Council or its representative’s report on which violations of any items of this article shall be inscribed, shall be left at the garbage and rubbish site by the person making the inspection. Anther copy of the report shall be filed in the office of the Clerk-Treasurer of the town.

(C) Any person operating, in direct charge of any public disposal site shall, upon request Town Council or its representative, permit free and unlimited access to all parts of the site area by the Town Council, or its representative, and shall permit them to copy any and all records pertaining to the source of garbage and rubbish transported thereto for public disposal. (’95 Code, § 6-96) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-97 PERMIT; APPROVAL REQUIRED.

The issuance of a permit or license to any person for the operation of a pubic disposal area shall be subject to approval of the Town Council or its representatives who shall inspect the proposed site prior to the issuance of a permit or license. (’95 Code, § 6-97) (Ord. 95-7, passed 11-30-95)

§ 6-98 SETBACK.

A setback line of 300 feet, as set forth in the zoning ordinance, shall be required at each public disposal site. (’95 Code, § 6-98) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-99 SANITARY FILL.

Any and all materials considered food for rodents and insects, including tin cans and other receptacles for food, shall be disposed of daily in a sanitary manner by a sanitary fill, or by a method approved by the Town Council or its representative.

270 (’95 Code, § 6-99) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-100 BURNING PROHIBITED.

No substance delivered to the public disposal area shall be disposed of by burning. (’95 Code, § 6-100) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-101 SALVAGE REMOVAL.

All salvageable material shall be removed from the disposal site at least once each week. (’95 Code, § 6-101) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-102 SCATTERING OF MATERIALS.

Paper, cardboard, metal or other materials shall not be permitted to become scattered beyond the limits of the disposal site. (’95 Code, § 6-102) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-103 EQUIPMENT AND ROAD.

Any person engaged in the operation of a public disposal site shall have available at all time earth moving equipment of adequate size and capacity to satisfactorily operate the sanitary fill area. An all- weather road shall be provided by the permittee or licensee from any public highway to the trench or sanitary fill site. (’95 Code, § 6-100) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-104 CONSUMPTION BY ANIMALS PROHIBITED.

It is expressly forbidden to make garbage available for animal consumption at any public disposal site. (’95 Code, § 6-104) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-105 VERMIN INFESTATION.

Infestation of rodents and/or insects on the premises of a garbage and rubbish public disposal site shall constitute a violation of this article. (’95 Code, § 6-105) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-106 INDUSTRIAL WASTES PROHIBITED.

271 No industrial wastes or sepsis shall be dumped at any public disposal site. (’95 Code, § 6-106) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-107 FINAL COVER.

When the area is raised sufficiently, a final cover shall be placed over the surface to a depth of 12 inches in a way that it will blend into the surrounding terrain and be properly seeded to prevent erosion and seepage. The final surface shall be so maintained for a period of five years by the holder of the permit. (’95 Code, § 6-107) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-108 ENFORCEMENT.

The enforcement of this article shall be by the Town Council. (’95 Code, § 6-108 (Ord. 95-7, passed 11-30-95)

272 ARTICLE 9: LITTER CONTROL Section

6-115 Depositing waste 6-116 Waste falling from vehicle 6-117 Property abutting public way 6-118 Permitting property to become unsightly 6-119 Correction of conditions 6-120 Reserved 6-121 Nuisance abatement Statutory reference: For provision concerning littering, see I.C. 35-45-3-2

§ 6-115 DEPOSITING WASTE.

No person shall place or throw any paper, organic waste, trash or refuse of any kind on any public way, including sidewalks and streets, or other public facility, including parks, in a manner and to an extent that would render the way or other facility unclean, unsightly, unusable or unsafe. (’95 Code, § 6-115) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-116 WASTE FALLING FROM VEHICLE.

No person, firm or corporation shall permit any vehicle under their ownership or control to deposit on any sidewalk, street or public place within the town any dirt, mud, sand, gravel, cement petroleum products, harmful chemical substance, scrap paper garbage or any other trash or material or substance which would render the sidewalk, street or public place unclean, unsightly, unsafe or unusable. (’95 Code, § 6-116) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-117 PROPERTY ABUTTING PUBLIC WAY.

No real property owner shall permit his real property which abuts on a public way to become unsightly, unclean, unsanitary, unsafe or dangerous to users of the public way or other public facility. Violations of this section include, but are not limited to, allowing accumulation of litter or waste, accumulation or storage of unsightly or offensive personal property such as old, abandoned or partially dismantled automobiles, allowing unchecked growth of grass. Weeds or other vegetation, or allowing houses, buildings or other structure to remain in a state of disrepair. (’95 Code, § 6-117) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

273 § 6-118 PERMITTING PROPERTY TO BECOME UNSIGHTLY.

No real property owned shall permit his real property to become unclean, unsanitary or dangerous to the health of inhabitants of surrounding property or to the health of the general community. Violations of this section shall include, but are not limited to, allowing accumulation of litter or waste, allowing houses, buildings or other structures to remain in a state of disrepair as to provide a habitat for vermin and other dangerous bacteria, animals or insects. (’95 Code, § 6-118) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-119 CORRECTION OF CONDITIONS.

(A) Notice to correct. In the event of a violation of §§ 6-115 through 6-118, the Town Manager or his or her designee shall cause to be issued to the violator of §§ 6-115 and 6-116 or to the property owner for violations of §§ 6-117 and 6-118 a notice to correct. The notice shall advise the violator or owner to correct the violation within ten days of the receipt of the notice. The notice shall also describe the violation and the minimum requirements of correction, and it shall advise the violator of the remedies available to the town and the procedures for appeal available to the violator.

(B) Remedies. In the event that the violator or owner fails to correct the violation as provided for in the notice, the town shall have all of the following remedies.

(1) Fine. The town may fine the violator the sum of $100 for each day the violation remains unabated. The first day the fine can be assessed is the first day after the expiration of the ten-day cure period which begins on receipt by the violator of the notice to correct. The town is not required to provide the violator any further notice or document as a precondition to assessing the fine. The fine will continue to accrue until the violation is corrected as provided for in the notice. The town shall notify the violator of the fine due, and the violator shall have 30 days from receipt of the notice to pay the fine to the Clerk-Treasurer. If the violator fails to pay the fine within 30 days, the town may file in the Avon Town Court.

(2) Town correction. The town may obtain a court order from the Avon Town Court which authorizes the town and its agents to enter upon the violator’s real property, correct the violation at the town’s expense, collect he cost of correction from the property owner, and take all other action necessary to enforce the town code.

(3) Lien. If the town corrects the violation and incurs the expense of such corrective work, the town shall be entitled to a lien on the real property of the violator in an amount equal to the town’s cost of correction and expenses incurred in the prosecution of the enforcement action.

(4) Attorney’s fees and litigation expenses. If the town brings an enforcement action under this section, the violator shall be liable for any and all reasonable attorney’s fees, court costs and litigation expenses incurred by the town in the enforcement action. The town shall notify the violator of these costs in the notice of fine, and the violator shall have 30 days from receipt of the notice to pay the sum to the Clerk-Treasurer. If the violator fails to pay the costs, the town may file an action in the Avon Town Court a complaint for the collection of these fees, costs and expenses.

274

(5) Other remedies. The town shall also have any other remedy provided for by Indiana law or town ordinance. The town may exercise one or more remedies without waiving its other available remedies.

(C) Appeal of notice to correct. If the alleged violator believes that he or she is not in violation of the prescribed section of the town code, the alleged violator may appeal the determination of the town by providing to the Clerk-Treasurer notice of appeal within seven days of his or her receipt of the notice to correct. This notice of appeal shall be attached to the notice to correct when the notice to correct is issued. If the alleged violator fails to appeal the determination of the town that a violation has occurred, he or she waives the issue of whether a violation has occurred.

(D) Procedure for appeal of notice to correct. If the alleged violator files a timely notice of appeal, the Town Court shall conduct an evidentiary hearing not sooner than 20 days but not longer than 40 days after the filing of the notice of appeal. At the evidentiary hearing, the town shall have the burden of proving the violation. The violation must be proved by a preponderance of the evidence. The alleged violator and the town may be represented by attorneys and shall have the right to call witnesses and to confront them, to subpoena witnesses in order to compel their attendance at the hearing, and to present exhibits and other evidence for the court’s consideration. The court shall issue written findings of fact and conclusions not more than ten days after the hearing and then mail the same to the parties. If the court determines that a violation existed, the town may exercise its remedies as provided herein. If the court determines that no violation existed, the notice to correct shall be deemed void and have no force and effect.

(E) Appeal of remedies. Within seven days of receiving from the town notice of fines and expenses due, the violator may file an appeal of the town’s determination by filing with the Town Court a notice of appeal. If the violator fails to appeal, he or she waives the right to consent the amount claimed due by the town. The appeal process shall be the same process provided for in this section for appeals of the town’s determination of a violation. (’95 Code, § 6-119) (Ord. 95-7, passes 11-30-95; Am. Ord. 2009-03, passed 3-12-09)

§ 6-120 RESERVED.

§ 6-121 NUISANCE ABATEMENT.

Violations of §§ 6-115 through 6-118 are declared to be nuisances and the Town Council is authorized to abate them. (’95 Code, § 6-121) (Ord. 95-7, passed 11-30-95)

275 ARTICLE 10: HANDBILLS

Section

6-125 Definitions 6-126 Throwing or distributing in public places 6-127 Placing on vehicles 6-128 Depositing on uninhabited or vacant private premises 6-129 Distribution prohibited where signs posted 6-130 Distributing at inhabited private premises 6-131 Reserved 6-132 signs which interfere with official signs or traffic devices 6-133 signs obstructing views; improper construction

§ 6-125 DEFINITIONS.

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

COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper booklet or any other printed matter which:

(1) Advertises for sale any merchandise, product, commodity or thing;

(2) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(3) While containing reading matter other than advertising matter is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed matter no included in the definition of a “commercial handbill” as set out in this section.

PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabits or temporarily or continually uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to the dwelling, house, building or other structure.

PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (’95 Code, § 6-125) (Ord. 95-7, passed 11-30-95)

276 § 6-126 THROWING OR DISTRIBUTING IN PUBLIC PLACES.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the town; nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided, however, that it is no unlawful on any sidewalk, street or other public place within the town for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (’95 Code, § 6-125) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-127 PLACING ON VEHICLES.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful in any public place for a person to hand out of distribute without charge to the received thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (’95 Code, § 6-127) (Ord. 95-7, passed 11-30-95) Penalty, set § 1-99

§ 6-128 DEPOSITING ON UNINHABITED OR VACANT PRIVATE PREMISES.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continually uninhabited or vacant. (‘95 Code, § 6-128) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-129 DISTRIBUTION PROHIBITED WHERE SIGNS POSTED.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone there not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words “No Trespassing,” “No Peddlers or Agents, RINC Advertisement” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or that have any handbills left upon the premises. (‘95 Code, § 6-129) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-130 DISTRIBUTING AT INHABITED PRIVATE PREMISES.

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are uninhabited, except by handing or transmitting any handbill directly to the owner, occupant or other person then present in or upon the private premises; provided, however, that in case of inhabited private premises which are no posted, as provided in this article, the person, unless requested by anyone upon the premises not to do so, may place or deposit any handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises, sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provision of

277 this section shall not apply to the distribution of mail by the United States nor to newspapers, except that newspapers shall be placed on private property in a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (‘95 Code, § 6-130) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-131 RESERVED.

§ 6-132 SIGNS WHICH INTERFERE WITH OFFICIAL SIGNS OR TRAFFIC DEVICES

(A) No sign or sign structure shall be affixed to, displayed or located upon any utility pole, light standard, tree, public transportation shelter, traffic control devise or similar structure, equipment or appurtenance located upon any public right-of-way, utility easement or other public or private property unless authorized by authority of the Town Council.

(B) No advertisements or material of any kind shall be permitted on utility poles, standards, globes and fixtures or any part of any standard or pole, owned by a utility company and in the public right-of- way, except such as may be in the opinion of the town necessary for safety and traffic control.

(C) When there is a violation of any of the above subsection so this section, through its employees or as directed by the Avon Police Department shall have the right to remove any signage within the town right-of-way, including utility poles or other poles erected by the town. The town shall have the option prior to the enforcement of any violation of this section to give notice to the party placing the sign or advertisement on a utility pole to have them remove the same within 48 hours.

(D) This section may be enforced by the Avon Chief of Police or Deputies or any other employee of the town directed to act by the Town Council. (Ord. 95-52, passed 1-22-97) Penalty, see § 1-99

§ 6-133 SIGNS OBSTRUCTING VIEWS; IMPROPER CONSTRUCTION.

(A) No sign or sign structure shall be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with or obstructs the view of, or can be confused with, imitates or resembles any official traffic sign, signal or devise. No rotating beam, beacon or flashing illumination resembling any emergency light shall be used in connection with any sign display.

(B) No sign shall be permitted which prevents the driver of a vehicle from having a clear and unobstructed view from an adequate and safe distance, of any official sign and approaching or merging traffic.

(C) No sign or sign structure shall be located in a manner as to materially impede the view of any street or highway intersection or in a manner as to materially impede the view of the intersection of a street or highway with a railroad crossing.

278 (D) When there is a violation of any of the above subsection of this section, through its employees or as directed by the Avon Police Department shall have the right to remove any signage within the town right-of-way, including utility poles or other poles erected by the town. The town shall have the option prior to the enforcement of any violation of this section to give notice to the party placing the sign or advertisement on a utility pole to have them remove the same within 48 hours.

(E) This section may be enforced by the Avon Chief of Police, deputies or any other employee of the town directed to act by the Town Council. (Ord. 97-53, passed 1-22-97) Penalty, see § 1-99

279 ARTICLE 11: OFFENSES AGAINST PUBLIC HEALTH AND ORDER

Section

Division I: Fighting

6-150 Conduct prohibited

Division II: Obstructing Passage

6-155 Driving on sidewalks

Division III: Noise Regulations

6-160 Unlawful to emit 6-161 Unlawful act designated 6-162 Reserved 6-163 Nuisance abatement

DIVISION I: FIGHTING

§ 6-150 CONDUCT PROHIBITED.

It is unlawful for anyone to engage in fighting either by agreement or otherwise in the corporate limits of the town. (‘95 Code, § 6-150) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

DIVISION II: OBSTRUCTING PASSAGE

§ 6-155 DRIVING ON SIDEWALKS

It is unlawful for any person or persons, firm or corporation to ridge or drive any bicycle or motorcycle, to ride, drive or leave any animal, or to permit any motor vehicle to enter upon, travel on, in, over and along any sidewalk used as such, whether improved or unimproved, except in the necessary act of crossing the same, within the corporate limits of the town. (‘95 Code, § 6-155) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

280 DIVISION III: NOISE REGULATIONS

§ 6-160 UNLAWFUL TO EMIT.

It is unlawful for any person to emit, create or cause by any device or otherwise within the town any unreasonably loud disturbing and unnecessary noise or any noise of a character, intensity and duration as to be detrimental to the life or health of any individual. (‘95 Code, § 6-160) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-161 UNLAWFUL ACT DESIGNATED.

The following acts, among others, are declared to be loud disturbing and unnecessary noises and unlawful. This enumeration shall not be deemed to be exclusive:

(A) The use of any horn or warning device on any vehicle for any other purpose than as a warning to the approach of the same while in traffic or as a danger signal to other traffic vehicular and pedestrian;

(B) The playing of any radio, phonograph or any musical instrument in a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence;

(C) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in manner as to create loud or unnecessary grating, grinding, rattling or other noise;

(D) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or other engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

(E) The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced;

(F) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session, or adjacent to any convalescent care center or medical clinic, which unreasonably interferes with the workings of the institutions; provided, conspicuous signs are displayed in the streets indicating that it is a school, hospital, court, convalescent care center or medical clinic street. (‘95 Code, § 6-161) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-162 RESERVED.

§ 6-163 NUISANCE ABATEMENT.

Violations of §§ 6-160 or 6-161 are declared to be a nuisance and the Town Council is authorized to abate them. (’95 Code, § 6-163) (Ord. 95-7, passed 11-30-95)

281 ARTICLE 12: REGULATIONS ADDRESSING ROLLER SKATES, SKATEBOARDS, ROLLER BLADES OR OTHER COASTER DEVICES Section

6-170 Riding devices on sidewalks and on municipal parking lots prohibited 6-171 Signage 6-172 Riding devices prohibited in specific zoning districts 6-173 Role of Town Manager

§ 6-170 RIDING DEVICES ON SIDEWALKS AND ON MUNICIPAL PARKING LOTS PROHIBITED.

No person shall ride roller skates, skateboards, roller blades or other coaster devices upon a sidewalk or municipal parking lot within the following zoning districts within the town:

(A) B-1, Business-Offices:

(B) C-1, Commercial-Local/Neighborhood;

(C) C-2, Commercial-Tourist/Highway;

(D) C-3, commercial-General/Regional; or

(E) I-1, Industrial-General. (‘95 Code, § 6-170) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-171 SIGNAGE.

No person shall ride roller skates, skateboards, roller blades or other coaster devices upon a privately- owned public use parking lot or sidewalk within the zoning districts of the town, list in § 6-170. If the owner of the sidewalk within the zoning districts of the town, listed in § 6-170. If the owner of the sidewalk or parking lot has erected signs on the sidewalk or parking lot prohibiting the riding of roller blades, skates, skateboards, or other coaster devices thereon by any person, and when the signs are in place, no person shall disobey the prohibition. (‘95 Code, § 6-171) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

§ 6-172 RIDING DEVICES PROHIBITED IN SPECIFIC ZONING DISTRICTS.

No person shall ride roller skates, skateboards, roller blades or other coaster devices upon a street or alley, whether public or private, within the zoning districts of the town described in § 6-170. (‘95 Code, § 6-172) (Ord. 95-7, passed 11-30-95) Penalty, see § 1-99

282 § 6-173 – ROLE OF TOWN MANAGER.

The Town Manager of the town is authorized to have signs erected on any sidewalk or municipal parking lot described within the zoning districts of the town described in § 6-170 prohibiting the riding of roller skates, skateboard, roller blades or other coaster devices thereon by any person and when the signs are in place, no person shall disobey the prohibition. (‘95 Code, § 6-173) (Ord. 95-7, passed 11-30-95)

283 ARTICLE 13: NUISANCES Section

6-180 Authority to regulate 6-181 Certain nuisances declared 6-182 Abatement of nuisance 6-183 Collection of cost of abatement and lien

§ 6-180 MAINTAINING NUISANCES PROHIBITED.

(A) For purposes of this article, the term NUISANCE shall mean whatever is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property.

(B) No person shall erect, construct, cause permit, keep or maintain within the town limit a nuisance. (Ord. 2009-04, passed 3-12-09) Penalty, see § 1-99

§ 6-181 CERTAIN NUISANCES DECLARED.

The following are declared to be nuisances but shall not be construed to prevent any other thin from being declared a nuisance pursuant to the standards of § 6-180 of this article:

(A) The erecting or using of any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, dense smoke, ash or other annoyances, becomes harmful to the health, safety or property of individuals or the public;

(B) Causing or suffering any offal, filth or waste to be collected or to remain in place to the prejudice of others.

(C) The obstructing or encumbering by any means whatsoever the private ways and public streets, alleys and places so as to create a physical threat to the public; and

(D) Billboards, signboards and advertising signs whether erected or constructed on public or private property or overhanging branches or vegetation, which so obstruct and impair the view of any proton of a public street or alley as to render dangerous the use thereof. (Ord. 2009-04, passed 3-12-09) Penalty, see § 1-99

§ 6-182 ABATEMENT OF NUISANCE.

(A) Notice to correct. If the town finds a violation of this article, it shall mail to the property owner, at the address provided to the Count Auditor for tax statements, a notice to correct the violation. This notice shall advise the owner of the violation, describe the action to be taken by the owner to correct the

284 violation, advise the owner that he or shall has ten days to correct the violation, advise the owner of the town’s remedies of the owner fails to correct, advise the owner of his or her rights to appeal the determination of violation and provide a form of notice of appeal, and notify the owner of any other information which, at the town’s discretion, will further comply with the town’s ordinances.

(B) Appeal. If the owner contests the determination by the town that a nuisance exists, the owner may appeal this determination by filing with the Town Court a notice of appeal within seven days of the owner’s receipt of the notice to correct If the owner cannot be found using the address from the auditor, the owner shall be deemed to have received the notice to correct two days after the notice was mailed by the town.

(C) Procedure for appeal of notice to correct. The Town Court shall conduct an evidentiary hearing of the town’s determination not earlier than 20 days after the filing of the notice of appeal and not later than 40 days after notice of appeal is filed. At this hearing, the town shall have the burden of providing the violation. The violation must be proved by a preponderance of the evidence. The owner and the town may be represented by attorneys, and shall have the right to call witnesses and to confront them, to subpoena witnesses in order to compel their attendance at the hearing, and to present exhibits and other evidence for the court’s consideration. The court shall issue written findings of fact and conclusions not more than ten days after the hearing and then mail the same to the parties If the court determines that a violation existed, the town may exercise its remedies as provided herein, if the court determines that no violation existed, the notice to correct shall be deemed void and have no force and effect.

(D) Remedies. In the event that the violator or owner fails to correct the violation as provided for in the notice, the town shall have all of the following remedies.

(1) Fine. The town may fine the violator the sum of $100 for each day the violation remains unabated. The first day the fine can be assessed is the first day after the expiration of the ten-day cure period which begins on receipt by the violator of the notice to correct. The town is not required to provide to the violator any further notice or document as a precondition to assessing the fine. The fine will continue to accrue until the violation is corrected as provided for in the notice. The town shall notify the violator of the fine due, and the violator shall have 30 days from receipt of the notice to pay the fine to the Clerk-Treasurer. If the violator fails to pay the fine within 30 days, the town may file in the Avon Town court a complaint for the collection of the fine which accrues due to the violation.

(2) Town correction. The town may obtain a court order from the Avon Town Court which authorizes the town and its agents to enter upon the violator’s real property, correct the violation at the town’s expense, collect the cost of correction from the property owner, and take all other action necessary to enforce the town code;

(3) Lien. If the town corrects the violation and incurs the expense of such corrective work the town shall be entitled to a lien on the real property of the violator in an among to the town’s cost of correction and expenses incurred in the prosecution of the enforcement action.

(4) Attorney’s fees and litigation expenses. If the town brings an enforcement action under this section, the violator shall be liable for any and all reasonable attorney’s fees, court costs and litigation expenses incurred by the town in the enforcement action. The town shall notify the violator of these

285 costs in the notice of fine, and the violator shall have 30 days from receipt of the notice to pay the sum to the Clerk-Treasurer. If the violator fails to pay the costs, the town my file an action in the Avon Town Court complain for the collection for these fees, costs and expenses.

(5) Other remedies. The town shall also have any other remedy provided for by Indiana law or town ordinance. The town may exercise one or more remedies without waiving its other available remedies. (Ord 2009-04, passed 3-12-09)

§ 6-183 COLLECTION OF COST OF ABATEMENT AND LIEN.

(A) Collection. If the town abates the violation, the Clerk-Treasurer shall notify the owner of the actual costs of abatement. If the owner fails to pay the costs within 30 days, the Clerk-Treasurer shall certify the unpaid amount to the Hendricks county Auditor.

(B) Lien. The Hendricks county Auditor shall place the total amount certified on the real estate tax duplicate for the property affected. The Hendricks county Treasurer shall collect the amount certified as delinquent taxes and disperse the funds collected to the town’s general fund.

(C) Appeal of fine or costs. Within seven days of receiving from the town notice of fines and expenses due, the violator may file an appeal of the town’s determination by filing with the Town Court a notice of appeal. If the violator fails to appeal, he or she waives the right to contest the amount claimed due by the town. The appeal process shall be the same process provided for in this section for appeals of the town’s determination of a violation. (Ord. 2009-04, passed 3-12-09)

286 ARTICLE 14: TREE AND VEGETATION REGULATIONS

Section

Division I: Trees

6-195 Maintenance required 6-196 Street trees

Division II: Weeds and Rank Vegetation

6-200 Unlawful growth 6-201 Removal 6-202 Collection of cost of abatement and lien Appendix A: Avon Street Tree List Appendix B: Tree Planting Detail

DIVISION I: TREES

§ 6-195 MAINTENANCE REQUIRED.

The owners of all trees, shrubs, vines and all plant life growing in, on or along any streets, alley, sidewalk or highway of the town shall keep them trimmed and pruned in the manner that the limbs of branches thereof, which may extend over, on, along or across any sidewalk and where the limbs and branches extend over, into or across the streets, alleys and highways of the town, they shall be trimmed and pruned so that the limbs and branches shall not be less than 14 feet above the grade of the streets, alleys, sidewalks or highways of the town. (’95 Code, § 6-195) (Ord 95-7, passed 11-30-95) Penalty, see §6-195

§ 6-196 STREET TREES.

(A) Purpose. The requirements specified herein are intended to encourage the planting, care, and preservation of trees in the public right-of-way. The policies and procedures contained herein are intended to establish the responsibilities of the town and its citizens towards trees in the public right-of- way, to state a preference for specific types of trees along city streets, to increase public awareness of the contribution of street trees to the air quality, wildlife habitat, and aesthetics of the town, and to establish urban forestry practices which enhance the gathering and dissemination of information about trees, expand the number of street trees in the town, and encourage proper maintenance techniques and accommodation of street trees.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined in this section shall have meanings customarily assigned to them.

287

(1) APPROVED STREET TREE LIST. The list of trees approved by the town for planting within the public right-of-way. See Appendix A.

(2) COMMITTEE. The Tree Advisory Committee established in this section.

(3) COUNCIL. The Town Council in Avon, Indiana.

(4) DRIPLINE. The width of a tree crown as measured by the lateral extent of the foliage.

(5) MAINTAINING. Includes trimming, care, prunin, and preservation of trees.

(6) PROPERTY OWNER. The record owner or contract purchaser of any parcel of land in the town.

(7) PUBLIC PROPERTY. Property owned or controlled by the town.

(8) PUBLIC RIGHT-OF-WAY. Land occupied or intended to be occupied by a street, alley, boulevard, road, trail, or other transportation facility which is owned by the town or other public agency.

(9) STREET TREES. Trees lying on the public right-of-way owned or controlled by the town including those located along roads and streets between the pavement edge and private property line and within any park or other public facility.

(10) TOWN. The Town of Avon

(11) TREE. A perennial woody plant with one main stem or in clump form up to three main stems which develops many branches and which ordinarily grows to a height of 20 feet or more.

(12) TREE LAWN. Public property lying between the boundary of the edge of pavement or curb and the property line except such portion thereof as may be covered by a sidewalk or used as a walkway.

(13) URBAN FOREST. The collection of trees and shrubs located within the town limits.

(14) UTILITIES. Includes both private and public utility companies.

(C) Creation of a Tree Advisory Committee. There is created and established by this section a Tree Advisory Committee for the Town of Avon, Indiana. The Parks, Recreation, and Beautification Council (PRBC) will serve as the Tree Advisory Committee and shall be created to serve in an advisory capacity to the Town Council. The Tree Advisory Committee shall consist of seven members residing within the town limits. One town staff member shall serve as project coordinator and liaison to the Tree Advisory Committee.

(1) Qualifications. The goals of this section will be furthered if at least one of the seven Tree Advisory Committee members possesses a degree in forestry, horticulture, landscape architecture or is a

288 certified arborist or a full-time professional in the tree care industry with a minimum of five years’ experience. If none of the members are so qualified, then an expert tree care consultant shall be utilized.

(2) Compensation. Members of the Tree Advisory Committee shall serve without compensation unless determined by the Town Council.

(3) Operation. The Tree Advisory Committee will select a chairperson in January of each year. A majority of its members must be present to conduct business. The Committee shall schedule its meetings and keep a journal of and minutes of its proceedings. The Committee shall be advisory only and shall submit its written recommendations to the Town Council for action and approval.

(4) Duties and responsibilities.

(a) The committee and Staff Project Coordinator may prepare or have made a written plan for the care, replacement, maintenance, and removal or disposition of trees, shrubs and other existing vegetation within the public right-of-way and on public property. The plan shall be presented annually to the Town Council and upon their acceptance and approval, shall constitute the official comprehensive town tree plan for the town.

(b) The Committee shall develop and maintain a list of suitable trees for planting including the tree species, sizes and forms to be planted in public rights-of-way and on public property for adoption by the Town Council as the town’s Approved Street Tree List. The list shall be reviewed, updated, and submitted for approval by the Council as needed. The Tree Advisory Committee shall also create a list of trees unsuitable for planting.

(c) The Committee shall establish educational and informational programs, pamphlets, and literature for dissemination to the public to assist the public in proper protection, maintenance, removal and planting of trees on public property. The Committee shall also from time to time make recommendations on actions for the dissemination of news and information on the topic for Town Council approval.

(d) The committee shall study proposals for landscape modifications within the public right-of- way or on public property including removal appeals referred to them for review by the Town Council, any town-appointed board, town official, or member of the Tree Advisory Committee. The Tree Advisory committee shall make a recommendation for action based on their review findings to the Town Council for approval.

(e) The Committee shall advise the Town Council as needed, concerning amendments to this section or any other standards or documents prepared by the Tree Advisory Committee.

(f) The Committee shall meet at least four times annually with no less than one meeting held each quarter to conduct business and coordinate the town’s urban forestry program, grants and educational activities.

(D) Jurisdiction and authority. All actions or decisions taken or made by the Tree Advisory Committee shall be subject to review by the Town Council. Any citizen may appeal any

289 recommendations made by the Committee to the Town Council. The Town Council shall hear the matter and make all final decisions and determine all final actions to be taken. The committee shall have the exclusive jurisdiction and authority to:

(1) Order, control, and regulate the sodding, seeding, and maintenance of lawns and maintaining, planting and removal of tees within the limits of public streets and another public place.

(2) Order, control and regulate the removal of dead and diseased trees, or portions thereof, which constitute a menace to public safety and health welfare wherever located in the town.

(3) Adopt and enforce rules, regulations and specifications relative to division (D)(1) of this section.

(4) Regular and prescribe the terms and conditions upon which permits for the maintaining and removal of trees shall be issued.

(E) Permitting.

(1) Removal.

(a) Other than in emergency situations requiring immediate action, no person shall trim more than one-fifth of or remove a tree located within the public right-of-way, or employ or instruct another person or firm to carry out such actions, without first obtaining written permission of the Tree Advisory Committee and Staff Project Coordinator. Permits are no required for work done by departments of the town or utilities and their agents or contractors.

(b) Permits shall be granted to property owners at no charge. The permit shall be effective for 30 days after approval by the Staff Project Coordinator and the work shall be completed in the time allowed on the permit and in a manner described therein. Any permit shall be void if its terms are violated.

(c) The granting or denial of these permits by the Staff Project Coordinator shall be made in accordance with the policies and principles set forth in this chapter or as otherwise adopted.

(2) Planting.

(a) Citizens wishing to plant trees in the public right-of-way shall submit a plan indicating the location, size, and species of trees to the Tree Advisory Committee. This plan shall be consistent with the rules, regulation, and orders, including the tree planting detail shown as Appendix B, adopted by the Committee. The Committee shall review submitted plans and make Recommendation regarding approval of a permit to plant trees in the public right-of-way.

(b) Whenever a tree is planted or set out in conflict with the provisions of this chapter, it shall be lawful for the town or designated municipal authority to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of assessments.

290 (c) Permits shall be granted to property owners at no charge. The permit shall be effective after approval by the Tree Advisory committee and the work shall be completed in the time allowed on the permit and in a manner described therein. Any permit shall be void if its terms are violated.

(d) The granting or denial of these permits by the Staff Project Coordinator shall be made in accordance with the policies and principles set forth in this chapter or as otherwise adopted.

(F) Responsibility for trees in the public right-of-way.

(1) The owner of property on which a public street is located is ultimately responsible for the planting and removal of trees and other vegetation in that public right-of-way and for the maintenance of such vegetation in a condition that does not pose a hazard to the public health and safety or inhibit passage along the public right-of-way. At any time such owners may be called upon by the Council to carry out these responsibilities in accordance with the policies, practices, and procedures set forth in this chapter.

(2) The town, through the Tree Advisory Committee and the Town Council, may also engage in the planting, maintenance, protection, and where necessary, removal of trees and other vegetation in the public right-or-way and on municipal lands in order to secure the public health and safety, maintain essential public services, improve and expand the town’s tree stock, and improve public aesthetics. These activities shall be guided by the principles and practice as set forth in this chapter and as adopted by the Council.

(G) Maintenance and care.

(1) The Council shall have all the right, power, and authority granted to municipalities under state law to require the owners of parcels of land under any public street of the town to maintain and improve the tree lawn area. Further, the Council may, through other means or incentives, encourage voluntary efforts to improve landscaping on the public streets.

(2) When working on trees within the public right-of-way and on municipal property, priority shall be given to maintenance rather the replacement of flawed trees. Emphasis shall be placed on remedial practices such as pruning, wound treatment and fertilization.

(3) Interference with signs, lights, lines of sight, walks, structures, and utilities shall first be addressed through selective pruning of branches and roots.

(4) Only when the Staff Project Coordinator has determined that a tree creates a dangerous. Unsafe, or hazardous condition or poses a threat of infestation to other trees and that these conditions cannot adequately be corrected through remedial measures, shall a tree within the public right-of-way or municipal land be removed.

(5) Trimming of trees in the public right-of-way. Any tree or other vegetation, which grows over the street or obstructs the view of traffic control devices or traffic on the street within the town, wherever located, shall be trimmed either by the town or by an expert tree care company hired by the town. Such

291 vegetation shall be trimmed so that there shall be clear space of 14 feet above the surface of the curb and in such a manner as to not obstruct the view of any street light, sign, signal device, or intersection.

(6) Placing injurious substances near trees. No person shall place or keep any stone, cement, or other physical or chemical substances around any tree within the limits of the public right-of-way which in any manner impedes the free entrance of water or air to the roots of such tree or stunts the growth of such tree.

(7) Excavation. In the event of any excavation or construction, the owner or contractor shall place, or cause to be placed, around all trees within the limits of any public right-of-way, such guards as will effectively prevent injury to such trees. Wherever possible such guard shall be placed no closer to the trunk of such tree than the exterior limits of the drip line. Wherever possible, all building materials and debris and all building activity shall be kept beyond the drip line limits of such trees and at no time shall such material or debris be permitted within three feet of such trees.

(8) Anchoring or attaching objects to trees. It is unlawful to fasten or attach anything to any tree located in the public right-of-way or on town property which is likely to injure the tree. This includes fastening any wire, rope, chain, or cable, or attaching any nail, staple or tack to a tree for the purposes of anchoring any other structure or object in, on, or adjacent to a tree.

(9) Electrical wires and trees. Every person owning, installing or maintaining any wires charged with electrical current shall whenever possible, securely fasten such wires so that same shall no come in contact with any tree in the public right-of-way or on public land.

(10) Tree topping. It shall be unlawful as a normal practice for any person, firm or town department to top a tree within the public right-of-way or on municipal land. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where prunin practices are impractical may be exempted from this section at the determination of the Tree Advisory Committee.

(11) Abuse. No person shall intentionally damage, carve, transplant, or remove any municipal tree, or set fire to or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree including the root zone.

(H) Interference unlawful. No person, firm, or corporation shall interfere with the Tree Advisory Committee or Town of Avon, or persons acting under their authority, while engaged in planting, mulching, pruning, otherwise maintaining, ore removing any tree, shrub, or plant in any public right-of- way or public place within the town.

(I) Tree inventory. The town through the Tree Advisory Committee and Staff Project Coordinator shall compile and maintain an inventory of all trees and tree lawns within the public streets. This inventory should record the location, species, condition, size and if known the planting and maintenance history of these trees. This inventory should be kept up-to-date with updates occurring at a minimum annually.

292 (J) Replacement of urban tree stock.

(1) It is the policy of the town to maintain and expand tree cover in the town as a whole and of individual streets and neighborhoods. The town shall plant at least 20% more trees than it removes in order to maintain a planting to removal ratio of at least 1.2 to 1.

(2) Once a tree has been removed, it shall be replaced, wherever possible, at or near its original location as soon as the planting season permits. To facilitate tree replacement, stumps should be removed promptly and thoroughly once a tree has been removed.

(3) in order to encourage large tree canopies and maximum overall foliage, priority on planting trees shall be given to tall shade-producing species as listed I the approved Street Tree List. Smaller trees and ornamental trees should only be used in areas in which space constraints prevent the planting or large shade trees. Wherever possible, native species are to be preferred.

(K) Notice of tree removal.

(1) While no notice of any kind shall be necessary where the town determines a tree should be removed because its current condition or location constitutes a hazard, in all other cases the town shall give notice to the general public of proposed tree removal through a clear visual identification of targeted trees at least two weeks in advance of the proposed removal. Except where the property owner has requested a permit, the town shall also give written notice of intention to remove a tree in the public right-of-way to the underlying property owner at least two weeks in advance of the proposed removal. This notice shall give reasons for the proposed removal, alternatives to the removal and reasons why these will not be pursued, date of removal, and the procedures to obtain further information or to file an appeal.

(2) In absence of an emergency, utilities and their agents and contractors should notify the town of their intent to remove trees within the public right-of-way or on public property.

(L) Appeal of tree removal. In cases where notice of intent to remove a tree is required, any town resident or owner of property within the town may appeal the decision to allow or disallow the removal of a tree by the town or its agents or contractors. In addition, any applicant for a removal permit may appeal a denial of the permit to the Tree Advisory Committee. Appeals shall be made to the Tree Advisory Committee and shall be made in sufficient time for the committee to decide these matters in the normal course of their business within 30 days of the notice of tree removal or denial of permit. Decisions of the Committee shall take into consideration the principles and policies set forth in this chapter or otherwise adopted by the Committee. Persons wishing to appeal an adverse decision by the committee may do so by filing with the Clerk-Treasurer a notice of appeal within 30 days of the adverse decision. The Town Council shall conduct a hearing within 60 days of the filing of the appeal. The Town Council shall enter written findings. Persons wishing to appeal the decision of the Town Council may do so by filing with a court of competent jurisdiction in Hendricks County a writ of certiorari within 30 days of the decision of the Town Council.

(M) Application to all town activities. The principles and policies set forth in this chapter should guide the activities of all town departments including streets, utilities, sanitation and parks. Essential

293 activities by any town department shall be done so as to minimize damage to trees in the public right-of- way and on municipal property.

(N) Trees and sidewalk improvements. Damage to sidewalks is in itself not sufficient reason to remove a tree if present damage can be adequately corrected and future damage can be averted by selective pruning of roots, installation of tree guards, or by sidewalk repair, replacement or realignment. Nor is convenience and efficiency during street or sidewalk repair or placement sufficient reason in itself for tree removal. Wherever possible the installation, repair, and replacement of sidewalks shall accommodate trees and shall be done in a manner that prevents damage to their roots.

(O) Violations.

(1) The Council and agents shall have authority to do all acts to enforce this chapter, including issuing of citations.

(2) Any person who violates the provisions of this chapter is subject to fines as follows:

Offense Fine Trimming $100 Planting $100 Removing $500 Damaging $100 Placing injurious substances on or $50 near tree Anchoring or attaching objects to $50 tree Other offenses $50

(3) Each day that a violation continues shall constitute a separate violation.

(4) In addition to any fine imposed, any person whose violation of this chapter results in damage to trees may be liable for the cost of these damages up to $3,000 for each tree. (Ord. 2007-22, passed 9-27-07)

DIVISION II: WEEDS AND RANK VEGETATION

§ 6-200 UNLAWFUL GROWTH.

(A) Violation. It is unlawful for the owner of any real estate in the town to allow it to become overgrown with weeds, grass, or noxious plants beyond the height of one foot.

294 (B) Policy. Because growths of weeds, grass, or noxious plants beyond the height of one foot leads to increased presence of insects and vermin, conceals dangerous conditions of the land, adversely affects the property and adjacent properties, and otherwise adversely affects the public health, safety and welfare, it is the policy of the town to prohibit such conditions and to take all necessary action to remove such conditions.

(C) Weeds and rank vegetation. For purposes of this section of the own code, the terms WEEDS AND RANK VEGETATION shall include all weeds, grasses and growing plants which exceed a height of one foot, except agricultural crops, hay and pasture, garden plants, ornamental grasses and plants used for landscape purposes, wild flowers, and wetland and/or vegetation.

(D) Nuisance. Weeds and rank vegetation which have grown to one foot or more constitute a nuisance. The town is authorized to abate such nuisances as provide for in this article or in Article 13 of this chapter. (Ord. 2009-05, passed 3-12-09; Am Ord. 2014-13, passed - -14) Penalty, see § 1-99

§ 6-201 REMOVAL.

(A) Administration. The Planning and Building Department shall be responsible for the administration of §§ 6-200, 6-201 and 6-2-2.

(B) Notice to correct.

(1) If the town finds a violation of § 6-200, it shall mail to the property owner, at the address provided to the County Auditor for tax statements, a notice to correct the violation. This notice shall advise the owner of the violation, describe the action to be taken by the owner to correct the violation, advise the owner that he or she has ten days to correct the violation, advise the owner of the town’s remedies if the owner fails to correct, advise the owner of his or her right to appeal the determination of violation, and notify the owner of any other information which, at the town’s discretion, will further comply with the town’s ordinances.

(2) I addition, the town may include in the notice to correct an advisement that the notice constitutes a continuous abatement notice. In that event, the notice shall also advise that if any further violation(s) of this ordinance occur on the subject property within the same calendar year the town may enter onto the property and correct such violation(s) without providing another notice to correct or other prior written notice.

(C) Appeal. If the owner contests the determination by the town that a violation a notice of appeal within seven days of the owner’s receipt of the notice to correct.

(D) Procedure for appeal of notice to correct. The Town Court shall conduct an evidentiary hearing of the town’s determination not earlier than 20 days nor later than 40 days after notice of appeal is filed. At this hearing, the town shall have the burden of proving the violation. The violation must be proved by a preponderance of the evidence. The owner and the town may be represented by attorneys, and shall have the right to call witnesses and to confront them to subpoena witnesses in order to compel their

295 attendance at the hearing, and to present exhibits and other evidence for the court’s consideration The court shall issue written findings of fact and conclusions not more than ten days after the hearing and then mail the same to the parties. If the court determines that a violation existed, the town may exercise its remedies as provided herein. If the court determines that no violation existed, the notice to correct shall be deemed void and have no force and effect.

(E) Remedies. If the violator or owner fails to correct the violation as provide for in the notice, the town shall have all of the following remedies:

(1) Fine. The town may fine the violator the sum of $100 for each day the violation remains unabated. The first day the fine can be assessed is the first day after the expiration of the ten-day cure period which begins on receipt by the violator of the notice to correct. The town is not required to provide to the violator any further notice or document as a precondition to assessing the fine. The fine will continue to accrue until the violation is corrected as provided for in the notice. After the violation is corrected the town shall notify the violator of the fine due, and the exists, the owner may appeal this determination by filing with the Town Court violator shall have 30 days from receipt of the notice to pay the fine to the Clerk-Treasurer. If the violator fails to pay the fine within 30 days, the town may file an action in the Avon Town Court to collect the fine.

(2) Town correction. If the violator or owner fails to correct the violation within the time provided in the notice to correct, the town or its agents may enter upon the violator’s real property, correct the violation at the town’s expense, collect the cost of correction from the property owner or violator. If necessary, the town may obtain an order from the Town Court authorizing entry onto the property.

(3) Lien. If the town corrects the violation and incurs the expense of such corrective work, the town shall be entitled to a lien on the real property of the violator in an amount equal to the town’s cost of correction and expenses incurred in the prosecution of the enforcement action.

(4) Attorney’s fees and litigation expenses. If the town brings an enforcement action under this section, the violator shall be liable for any and all reasonable attorney’s fees, court costs and litigation expenses incurred by the town in the enforcement action. The town shall provide the violator written notice of these amounts due, and the violator shall have 30 days from receipt of the notice to pay the sum to the Clerk-Treasurer. If the violator fails to pay the costs, the town may file an action in the Avon Town Court of the collection of these fees, costs and expenses.

(5) Administrative fee. If the town removes the weeds and rank vegetation, it shall be entitled to an administrative fee in the amount of $250. The violator shall pay this fails to pay the costs, the town may file an action in the Avon Town Court for the collection of these fees, costs and expenses.

(6) Other remedies. The town shall also have any other remedy provided for by Indiana law or town ordinance. The town may exercise one or more remedies without waiving its other available remedies.

(F) Notices.

296 (1) For purposes of this article, a notice sent to the property owner must be sent by first class mail or an equivalent service permitted under I.C. 1-1-7-1, to: (i) the owner of record of real property with a single owner; or (ii) to at least one of the owners of real property with multiple owners, at the last address of the owner of the property as indicated in the records of the Hendricks County Auditor on the date of the notice. This requirement does not prohibit providing additional notice by other means.

(2) For purposes of all notices delivered under this article, if the owner(s) cannot be found using the address from the Auditor, the owner(s) shall be deemed to have received the notice two days after the notice was mailed by the town. (Ord. 2009-15, passed 3-12-09; Am. Ord. 2014-13, passed –14)

§ 6-202 COLLECTION OF COST OF ABATEMENT AND LIEN.

(A) Collection. If the town abates the violation, the Clerk-Treasurer shall notify the owner of the actual costs of abatement, and the amount of the administrative fee. If the owner fails to pay the costs and fee within 30 days, the Clerk-Treasurer shall either:

(1) Certify the unpaid amount to the Hendricks County Auditor, plus any additional administrative costs incurred in the certification; or

(2) File a civil proceeding and obtain a judgement against the violator. If the town obtains a judgement, the town may obtain a lien in the amount of the judgment on any real property or personal property of the violator.

(B) Lien. If the town certifies its costs to the Hendricks County Auditor, the Auditor shall place the total amount certified on the real estate tax duplicate for the property affected. The Hendricks County Treasurer shall collect the amount certified as delinquent taxes and disperse the funds collected to the town’s general fund.

(C) Appeal or fine of costs. Within seven days of receiving from the town notice of fines and expenses due, the violator may file an appeal of the town’s determination by filing with the Town Court a notice of appeal. If the violator fails to appeal, he or she waives the right to contest the amount claimed due by the town. The appeal process shall be the same process provided for in this section for appeals of the town’s determination of a violation. (Ord. 2009-05, passed 3-12-09; Am. Ord. 2014-13, passed -- 14) Statutory reference: For provisions concerning the authorization of the town to charge for the removal of weeds and rank vegetation, see I.C. 36-7-10.1-3

297 ARTICLE 14: Tree and Vegetation Regulations APPENDIX A: AVON STREET TREE LIST

Genus Species Common Name Notes Acer campestre Hedge maple Acer Rubrum Red maple Acer saccharum Sugar maple Acer X freemanii Freeman Maple Amelanchier Species Serviceberry Single stem form Carpinus betulas European Hornbeam Caprinus caroliniana American Hornbeam Celtis occidentalis Hackberry Cercis canadensis Eastern Redbud Single stem form Crataegus Crus-galli Cockspur hawthorn Single stem form crategus phaneopyrum Washington Hawthorn Gleditsia Triacanthos var. Thornless common inermis honeylocust ginkgo biloba ginko Male only Koelreuteria paniculata Golden Rain Tree Liquidambar styraciflua American Sweetgum Male (fruitless) is possible Malus hybrids Flowering Crabapple Disease resistant cultivars Pyrus calleryana Flowering Pear Newer cultivars Quercus coccinea Scarlet Oak Quercus imbricaria Shingle Oak Quercus palustris Pin Oak

298 Genus Species Common Name Notes Quercus Phellos Willow Oak Quercus robur English Oak Quercus rubra Red Oak Sophora japonica Japanese Pagodatree Syringa reticulata Japanese Tree Lilac Tilia cordata Littleleaf Linden Tilia tomentosa Silver Linden Zelkova Serrata ‘Village Village Green Green’ Japanese Zelkova

299 Article 14: Tree and Vegetation Regulations APPENDIX B: TREE PLANNING DETAIL

INSERT DIAGRAM

300

ARTICLE 15: STORM WATER MANAGEMENT PROGRAM Section 6-215 Purpose; intent 6-216 Definitions 6-217 Applicability 6-218 Responsibility for administration 6-219 Severability 6-220 Ultimate responsibility 6-221 Discharge prohibitions 6-222 Suspension of MS4 access 6-223 Industrial or construction activity Discharges 6-224 Monitoring discharges 6-225 Requirement to prevent, control and reduce storm water pollutants by the use of Best Management Practices 6-226 Watercourse protection 6-227 Notification of spills 6-228 Enforcement 6-229 Appeal of notice of violation 6-230 Enforcement measures after appeal 6-231 Cost of abatement of the violation 6-232 Injunctive relief 6-233 Compensatory action 6-234 Violations deemed a public nuisance 6-235 Civil penalty 6-236 Remedies not exclusive

301

§ 6-215 PURPOSE; INTENT.

The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Avon, Indiana through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are:

(A) To regulate the contribution of Pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user;

(B) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system;

(C) To establish legal authority to carry Out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this article. (Ord. 2005-05, passed --)

§ 6-216 DEFINITIONS.

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the Town Manager of the Town of Avon, Indiana.

BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or

302 indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more, as defined in 327 IAC 15-5. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in § 6-221 of this article.

ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor Drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

(1) Any drain or conveyance connected From a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

303 INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 327 IAC 15-6.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.

PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.

POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building o structure; and noxious or offensive matter of any kind.

PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

STORM DRAINAGE SYSTEM. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or Altered drainage channels, reservoirs, and other drainage structures.

STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

304 STORM WATER POLLUTION PREVENTION PLAN. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable

WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. (Ord. 2005-05, passed --) § 6-217 APPLICABILITY.

This article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. (Ord. 2005-05, passed--)

§ 6-218 RESPONSIBILITY FOR ADMINISTRATION.

The town shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Town Manager of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency. (Ord. 2005-05, passed --)

§ 6-219 SEVERABILITY.

The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article. (Ord. 2005-05, passed --)

§ 6-220 ULTIMATE RESPONSIBILITY.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. (Ord. 2005-05, passed --)

305 § 6-221 DISCHARGE PROHIBITIONS.

(A) Prohibition of illegal discharges.

(1) No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

(2) The commencement, conduct or Continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(a) The following discharges are Exempt from discharge prohibitions established by this article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated – typically less than one PPM chlorine), firefighting activities, irrigation water, street wash water, and any other water source not containing pollutants.

(b) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

(c) Dye testing is an allowable Discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.

306 (d) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

(B) Prohibition of illicit connections.

(1) The construction, use, Maintenance or continued existence of illicit connections to the storm drain system is prohibited.

(2) This prohibition expressly Includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) A person is considered to be in Violation of this article if the person connects a line conveying sewage to the MS4, or allow such a connection to continue. (Ord 2005-05, passed --)

§ 6-222 SUSPENSION OF MS4 ACCESS.

(A) Suspension due to illicit discharges in Emergency situations. The town may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

(B) Suspension due to the detection of illicit discharge.

307 (1) Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

(2) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency. (Ord. 2005-05, passed --)

§ 6-223 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the town prior to the allowing of discharges to the MS4. (Ord. 2005-05, passed --)

§ 6-224 MONITORING DISCHARGES.

(A) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. (B) Access to facilities. (1) The town shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangement to allow access to representatives of the authorized enforcement agency.

(2) Facility operators shall allow the town ready access to all parts of the premises for the purposes of inspection, sampling examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

(3) The town shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s storm water discharge.

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(4) The town has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the town and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6) Unreasonable delays in allowing the town access to a permitted facility is a violation of a storm water discharge permit and of this article. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

(7) If the town has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 2005-05, passed --)

§ 6-225 REQUIREMENT TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The town will establish requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity; to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. (Ord. 2005-05, passed - -)

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§ 6-226 WATERCOURSE PROTECTION.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property fee of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 2005-05, passed - -)

§ 6-227 NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharged or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. I the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the town within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 2005-05, passed - -)

§ 6-228 ENFORCEMENT. Notice of violation (A) Whenever the town finds that a person has violated a prohibition or failed to meet a requirement of this article, the Board of Public Works may order compliance by written notice of violation to the responsible person. Emergency notification may be made by an authorized town employee. Such notice may require without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit connections or discharges;

310 (3) That violating discharges, practices, or operations shall cease and desist; (4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (5) Payment of a fine to cover administrative and remediation costs; and (6) The implementation of source control or treatment BMPs. (B) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. (Ord. 2005-05, passed - -)

§ 6-229 APPEAL OF NOTICE OF VIOLATION. Any person receiving a notice of violation may appeal the determination to the Town Council. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. (Ord. 2005-05, passed - -)

§ 6-230 ENFORCEMENT MEASURES AFTER APPEAL. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 60 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 2005-05, passed - -)

§ 6-231 COST OF ABATEMENT OF THE VIOLATION. Within ten days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is no paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. (Ord. 2005-05, passed - -)

311 § 6-232 INJUNCTIVE RELIEF. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 2005-05, passed - -)

§ 6-236 REMEDIATE NOT EXCLUSIVE. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (Ord. 2005-05, passed - -)

312 ARTICLE 16: NON-SMOKING AREAS Section 6-245 Definitions 6-246 Application 6-247 Smoking prohibited in public places 6-248 Smoking prohibited in places of employment 6-249 Reasonable distance 6-250 Places where smoking is not regulated 6-251 Declaration of establishment as non-smoking 6-252 Posting of signs 6-253 Enforcement 6-254 Violations and penalties 6-255 Non-retaliation 6-256 Other applicable laws

§ 6-245 DEFINITIONS. For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BAR. Any establishment: (1) used primarily for the sale of alcoholic beverages for consumption by guests on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages, including but not limited to taverns, nightclubs, and cocktail lounges, which (2) employs persons 21 years of age or older. PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind. RESTAURANT. Any establishment used as or held out to the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes sandwich stands and soda fountains. The term RESTAURANT shall include a bar area within the restaurant. THEATER. Any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance. SMOKE or SMOKING. The act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heating tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form.

313 “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Chapter. PUBLIC PLACE. Any enclosed area used by the general public, including, but not limited to, retail stores and financial institutions, department stores, banks, laundromats and beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission to the place. ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol form the product. The terms include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. HOOKAH. A water pipe and any associated products and devices which are used to produce fumes, smoke and/or vapor form the burning of material including, but not limited to, tobacco, shisha, or other plant matter. PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work area, private offices, employee lounges and restrooms, conference an class rooms, employee cafeterias and hallways. RETAIL TOBACCO STORE. Retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. The term does not include retails stores where food or beverages are sold. HEALTH CARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill. (Ord. 2006-16, passed 6-8-06; Am. Ord. 2019-06, passed 4-11-19)

§ 6-246 APPLICATION. All facilities, (including buildings, parkland, grounds and vehicles), owned, leased, or operated by the town, shall be subject to the provision of this article. (Ord. 2006-16, passed 6-8-06)

§ 6-247 SMOKING PROHIBITED IN PUBLIC PLACES. Smoking shall be prohibited in all enclosed public places within the town, including but not limited to, the following places: (A) Aquariums, galleries, libraries, and museums.

314 (B) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels and motels. (C) Bingo facilities. (D) Convention facilities. (E) Elevators. (F) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance. (G) Health care facilities. (H) Licensed childcare and adult day care facilities. (I) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities. (J) Polling places. (K) Public transportation facilities, ticket, boarding, and waiting areas of public transit depots. (L) Restaurants. (M) Restrooms, lobbies, reception areas, hallways, and other common-use areas. (N) Retail stores. (O) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the town, or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdictions of the town. (P) Schools. (Q) Service lines. (R) Shopping malls. (S) Sports arenas, including enclosed places in outdoor arenas. (T) Bowling alleys and centers. (U) Roller skating facilities. (Ord. 2006-16, passed 6-8-06)

§ 6-248 SMOKING PROHIBITED IN PLACES OF EMPLOYMENT. Smoking shall be prohibited in all enclosed areas within places of employment. This includes, but is no limited to, common work areas, auditoriums, classrooms, conference and meeting rooms,

315 private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities. (Ord. 2006-16, passed 6-8-06)

§ 6-249 REASONABLE DISTANCE. Smoking shall be prohibited within 50 feet from an enclosed area where smoking is prohibited by this article, so as to ensure tobacco smoke does no enter into establishments designated as smoke-free under this article through entrances, windows, ventilation intakes and other means. (Od. 2006-16, passed 6-8-06)

316 § 6-250 PLACES WHERE SMOKING IS NOT REGULATED. The prohibitions of § 6-246 shall not apply to the following: (A) Private residences, except when used as a licensed childcare, adult day care, or health care facility. (B) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that no more than 25% of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. (C) Retail tobacco stores; provide that smoke from these places does no infiltrate into areas where smoking is prohibited under the provisions of this article. (D) Outdoor areas of places of employment. (E) Bars, provided that smoke from these places does no infiltrate into areas where smoking is prohibited under the provisions of this article. (F) Any business that: (1) Is exempt from federal income taxation under 26 U.S.C. Section 501 (c); (2) Is a club as that term is defined by I.C. 7.1-3-20-1, or a “fraternal club” as that terms is defined by I.C. 7.1-3-20-7. (3) Holds a beer, liquor or wine retailer’s permit under the laws of this state; and (4) Provides food or alcoholic beverages only to its bona fide members and their guests. (G) None of the areas in division (A through (F) shall be exempt from the provisions of §§ 6-246 through 6-248 if the smoke from smoking enters any area where smoking is otherwise prohibited by this article. (Ord. 2006-16, passed 6-8-06)

§ 6-251 DECLARATION OF ESTABLISHMENT AS NON-SMOKING. Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of § 6-252 is posted. (Ord. 2006-16, passed 6-8-06)

§ 6-252 POSTING OF SIGNS. (A) Every public place and place of employment where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. (B) Any establishment exempted under § 6-250(C) through (F) shall clearly and conspicuously post the following sign at every entrance: “Warning – This is a smoking establishment.” (Ord. 2006-16, passed 6-8-06)

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§ 6-253 ENFORCEMENT. (A) This article shall be enforced by the Avon Town Manager or his/her designee. (B) Any citizen who desires to register a complain under this article may initiate enforcement with the Avon Town Manager or his/her designee. (C) The Health Department, Fire Department, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article. (D) An owner, manager, operator, or employee of an establishment regulated by this article shall inform persons violating this article of the appropriate provisions thereof. (Ord. 2006-16, passed 6-8-06)

§ 6-254 VIOLATION AND PENALTIES (A) A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an infraction, punishable by a fine of $50. (B) A person who owns, manages, operated, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by: (1) A fine of $100 for a first violation. (2) A fine of $200 for a second violation within one year. (3) A fine of $500 for each additional violation within one year. (C) Each day on which a violation of this article occurs shall be considered a separate and distinct violation. Ord 2006-16, passed 6-8-06)

§ 6-255 NON-RETALIATION. No person or employers shall discharge refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke-free environment afforded by this article (Ord. 2006-16, passed 6-8-06)

§6-256 OTHER APPLICABLE LAWS. This article shall to be interpreted to permit smoking where it is otherwise restricted by other appliable laws or to supersede any local laws which are more restrictive. (Ord. 2006-16, passed 6-8-06)

318 ARTICLE 17: WATER CONSERVATION Section 6-257 Application 6-258 Definitions 6-259 Voluntary conservation 6-260 Declaration of need; notice 6-261 Mandatory water conservation; exemptions

§ 6-257 APPLICATION

This article applies to the use of water from the Citizens Water public water system that occurs within the Town of Avon, Hendricks County, Indiana (Ord. 2009-27, passed 10-22-09; Am. Ord. 2012- 15, passed 8-9-12)

§ 6-258 DEFINITIONS.

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

ADVISORY CONDITIONS. Conditions under which voluntary conservation measures are appropriate due to decreased supplies in the Citizens Water reservoirs, or other circumstances have reduced the amount of treated water available to customers, as determined by Citizens Water.

CUSTOMER. An individual, firm, corporation, government agency or other entity being supplied with water utility service by Citizens Water at a location within the Town of Avon.

CITY WATERWORKS or CITY WATER. Citizens Water.

MANDATORY CONSERVATION. Compliance with the Town of Avon imposition of requirements that are designed to reduce certain kinds and types of water use all as set forth herein.

NORMAL CONDITIONS. Conditions under which water supply and treatment capacity are adequate to meet demand.

RESERVOIRS. Geist Reservoir and Morse Reservoir.

TREATED WATER. Water treated in a manner that it is suitable for human consumption or for another designated use.

VEGETABLE GARDEN. A garden where substantially all of the plants are suitable and grown primarily for human consumption. VOLUNTARY CONSERVATION. Compliance with the Town of Avon request to reduce water use.

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WATER ALERT. An occurrence wherein mandatory conservation measures are appropriate due to actual or projected levels in either of the reservoirs being reduced to less than their designed drawdown curves, groundwater wells not functioning properly due to reduced groundwater levels, or the existence of other circumstances that have reduced the amount of treated water available to customers, as determined by Citizens Energy Group.

WATER EMERGENCY. An occurrence wherein mandatory conservation measures are appropriate due to the levels in either of the Citizens Water reservoirs having been reduced to less than their designed drawdown curves or less than an estimated 25% of their annual drawdown design capacities, groundwater wells no functioning properly due to reduced groundwater levels or the existence of other circumstances that have reduced the amount of treated water available to customers, as determined by City Waterworks.

WATER SYSTEM. The water system in the town owned and operation by Citizens Energy Group.

WATER USER. A customer or other individual, firm, corporation, government agency, or other entity using water from the City Waterworks public water system within the Town of Avon.

WATER WARNING. An occurrence wherein mandatory conservation measures are appropriate due to the levels in either of the City Waterworks reservoirs having been reduced to less than their designed drawdown curves or less than an estimate 50% of their annual drawdown design capacities, groundwater wells no functioning properly due to reduced groundwater levels, or the existence of other circumstances that have reduced the amount of treated water available to customers, as determined by City Waterworks. (Ord. 2009-27, passed 10-22-09; Am. Ord. 2012-15, passed 8-9-12; Am. Ord. 2014- 08, passed 5-8-14)

§ 6-259 VOLUNTARY CONSERVATION.

During normal conditions and advisory conditions, water users should follow the voluntary conservation measures as found in the Wise Water Use Policy adopted by the board of directors of City Water and approved by the Town of Avo, a copy of which is attached to the ordinance codified herein and marked exhibit A. (Ord. 2009-27, passed 10-22-09)

§ 6-260 DECLARATION OF NEED; NOTICE.

(A) Upon determining that the Citizens Energy Group public water system is in a condition of water shortage, the Town Manager of the Town of Avon may declare the existence of a water warning or water emergency, whereupon the respective water conservation measures described in § 6-261 shall apply until the water warning or emergency is terminated. Whenever the Town manager finds that some or all of the conditions that gave rise to the declaration of a water alert, warning or water emergency no longer exist, he or she may declare the water alert, warning or water emergency terminated.

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(B) Notice of the declaration or termination of a water warning or water emergency shall be made by publication in a newspaper of general circulation. Notice shall be deemed effective upon publication. (Ord. 2009-27, passed 10-22-09; Am. Ord. 2014-08, passed 5-8-14)

§ 6-261 MANDATORY WATER CONSERVATION; EXEMPTIONS.

(A) During a water alert it shall be unlawful for a water user to cause, permit, allow, or engage in the sprinkling, watering, or irrigating of grass more than two days per week. Water users with odd number property addresses may sprinkle, water, or irrigate grass on Monday and Thursday. Water users with even number property addresses ma sprinkle, water, or irrigate grass on Tuesday and Friday. No sprinkling, water, or irrigating of grass shall be permitted by any water user on Sunday, Wednesday or Saturday.

(B) During a water warning, it shall be unlawful for a water user to cause, permit, allow, or engage in the sprinkling, watering, or irrigating of grass; provided, however, that vegetable gardens, flower gardens and trees less than three years old may be watered every other day by container, hand held hose equipped with a shut-off nozzle, or drip irrigation system.

(C) During a water emergency, it shall be unlawful for a water user to cause, permit, allow, or engage in any of the following actions.

(1) Outdoor watering, including but not limited to the sprinkling, watering, or irrigating of grass; provided, however, that vegetable gardens, flower gardens, and trees less than three years old may be watered every other day by container, hand held hose equipped with a shut off nozzle, or drip irrigation system;

(2) Washing cars, trucks, trailers, mobile homes, railroad cars or any other type of mobile equipment, except as required by applicable local, state, or federal law for health or safety reasons;

(3) using water to clean sidewalks, driveways, paved areas, structures, buildings, or other outdoor surfaces;

(4) Filling empty swimming pools with water from Citizens Energy Group;

(5) Using hydrants except for fire suppression or as otherwise directed by Citizens Energy Group; and (6) Operating water fountains that are non-recycling.

(D) The following water users and water uses shall be exempt from the prohibitions contained in divisions (A), (B), and (C) of this section:

321 (1) Nurseries, provided water use is limited to the amount essential to preserve inventories; and

(2) Any activity associated with the installation, repair, testing, or maintenance of an irrigation system.

(E) The following water users and water uses may be exempted by the Town Manager from the prohibitions contained in divisions (A), (B), and (C) of this section:

(1) Automatic commercial car washes, including but not limited to automatic car washes operating within car dealerships, provided a majority of the water used is recycled;

(2) Manual commercial car washes, including but not limited to manual car washes operating within car dealerships, provided only a handheld hose equipped with a shut-off nozzle is utilized;

(3) Golf courses, provided that documented measures are taken to preserve the use of water, only watering tee boxes, greens, and fairways in the manner most efficient for the course;

(4) Any watering or property owned or controlled by the town as directed by the Town Manager or his or her designee where such watering is necessary or appropriate for asset preservation;

(5) Limited watering of in-season athletic fields for public safety, health, or welfare purposes;

(6) Limited water of new lawns or landscaping for construction projects with building permits issued by the Department of Code Enforcement prior to the declaration of such water alert, warning, or emergency; and

(7) limited use of splash pad recreational watering systems or small temporary pools that have been filled by hand.

(F) The Town Administration shall have the authority to promulgate regulations related to the operation of the exceptions listed above. (Ord. 2009-27, passed 10-22-09; Am. Ord. 2012-15, passed 8-9-12; Am. ord. 2014-08, passed 5-8-14) Penalty, see § 1-99

322 ARTICLE 18: PUBLIC STREETS

Section

6-270 Obstructions 6-271 Encroachments 6-272 Removal of obstructions 6-273 Removal of encroachments 6-274 Penalty

§ 6-270 OBSTRUCTIONS.

It shall be unlawful for any person, firm or corporation to cause, create or maintain any obstruction on any street, alley sidewalk or public way. (Ord. 2011-19, passed 6-9-11) Penalty, see § 6-274

§ 6-271 ENCROACHMENTS.

It shall be unlawful for any person, firm or corporation to erect or maintain any building or structure which encroaches upon any street, alley, sidewalk, public way or right-of-way. (Ord. 2011-19, passed 6-9-11) Penalty, see § 6-274

§ 6-272 REMOVAL O OBSTRUCTIONS.

The town shall have the authority to immediately remove from any street, alley/sidewalk or public way any obstruction and to charge the cost of removal to the person who, or firm or corporation which, caused or created the obstruction. The Clerk-Treasurer shall mail to the person who, or firm or corporation which, caused or created the obstruction a certification of removal costs, and the amount shall be paid within 15 days of receipt of the notice by the violator. If the removal costs are no paid within the 15-day time period, the town shall be entitled to collect from the violator the town’s costs and its attorney’s fees and litigation expenses by way of collection proceedings in Town Court. (Ord. 2011-19, passed 6-9-11)

§ 6-273 REMOVAL OF ENCROACHMENTS.

The town shall have the authority to remove from any street, alley, sidewalk, public way or right- of-way any building nor structure which encroaches upon a street, alley, sidewalk, public way or right- of-way as follows:

(A) If the town determines that the encroachment creates a danger to the public, the Town may immediately remove the encroachment and charge to the encroaching party the costs of removal; or

323

(B) If the town determines that the encroachment does not create a danger to the public, the town shall mail notice to the encroaching party that the encroachment must be removed within ten days of receipt of the notice. If the encroaching party fails or refuses to remove the encroachment within the required ten-day period, then the town shall have the authority to remove the encroachment and to charge the encroaching party for the cost of removal.

(C) If a person or entity receiving from the town a notice to remove an encroachment disagrees with the town’s determination, that person or entity shall have the right to appeal the determination to the Tow Council. This appeal must be in writing and must be filed with the Clerk-Treasurer within seven days of receipt of the notice to remove the encroachment. If the person or entity fails to appeal the town’s determination with this seven-day period the person or entity shall be deemed to have admitted that the encroachment exists and should be removed.

(D) If the town removes the encroachment, the Clerk-Treasurer shall mail to the encroaching party a certification for removal costs, and the amount shall be paid within 15 days of receipt of the notice by the encroaching party. If the removal costs are not paid within the 15-day time period, the town shall collect the costs and its attorney’s fees and litigation expenses by way of collection proceedings in Town Court. (Ord. 2011-19, passed 6-9-11)

§ 6-274 PENALTY.

Any person, firm or corporation violating this article shall be subject to a fine of $100. Each day a violation occurs shall constitute a separate offense. This fine shall be in addition to the cost of removal provided for in this article. (Ord. 2011-19, passed 6-9-11)

324 ARTICLE 19: PROHIBITED ACTIVITY IN AND AROUND ROADWAYS; PANHANDLING

Section

6-280 Prohibited activity 6-281 Interference with vehicular traffic 6-282 Panhandling defined 6-283 Prohibitions relating to panhandling 6-284 Fines and remedies

§ 6-280 PROHIBITED ACTIVITY.

It shall be unlawful for a person to sit, stand or move within or upon a public street roadway, or highway, or a median between two streets, roadways or highways, or within the public right-of-way not exceeding 50 feet from the traveled portion of any intersection controlled by an automatic traffic signal or stop sign, for the purpose of or while engaged in:

(A) Soliciting, or peddling, selling, advertising, donating or distributing any product, property or service including but not limited to tickets, handbills, newspaper, or other printed material, to or from an occupant of a vehicle in a roadway or pedestrian thereon; or

(B) Conversation or discourse with an occupant of a vehicle in the public street roadway or highway. (Ord. 2009-30, passed 12-17-09) Penalty, see §6-284

§ 6-281 INTERFERENCE WITH VEHICULAR TRAFFIC

It shall be unlawful for a person by oral or written mean to solicit, or to peddle, sell, advertise, donate or distribute any product, property, or service, including but not limited to tickets, handbills, newspapers, or other printed material, to an occupant of a motor vehicle or to engage in conversation or discourse with an occupant of a motor vehicle within or upon a public street, roadway or highway, or a median between two public streets, roadways or highways, or within the public right-of-way no exceeding 50 feet from the traveled portion of any intersection controlled by an automatic traffic signal or stop sign, so as to:

(A) Endanger the safety or welfare of an occupant of a vehicle within or upon a public street, roadway or highway, or a pedestrian within the immediate vicinity;

(B) Impede the free flow of vehicular traffic on the public street, roadway or highway; or

(C) Obstruct or distract the view of the operator of any such vehicle within or upon the public street, roadway or highway

(Ord. 2009-30, passed 12-1-09) Penalty, see § 6-284 § 6-282 PANHANDLING DEFINED.

325

(A) As used in this chapter, PANHANDLING means any solicitation made in person upon any public street roadway or highway, median between streets, roadways or highways, or within the public right-of-way no exceeding 50 feet from the traveled portion of any intersection controlled by an automatic traffic signal or stop sign, in which a person request an immediate donation of money or other gratuity from another person, and includes, but is no limited to seeking donations.

(1) By vocal appeal or for music, singing or other street performance; and

(2) Where the person being solicited either receives nothing in return for a donation or receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

(B) Panhandling shall no include the act of passively standing or sitting, nor performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person. (Ord. 2009-30, passed 12-17-19)

§ 6-283 PROHIBITIONS RELATING TO PANHANDLING.

In addition to the prohibitions contained in §§ 6-280 and 6-281, it shall be unlawful to engage in an act of panhandling:

(A) After sunset or before sunrise;

(B) When either the panhandler or the person being solicited is located in any of the following locations:

(1) At a bus stop;

(2) In a motor vehicle which is on a public street, roadway or highway;

(3) In a sidewalk café; or

(4) Within 20 feet of an automatic teller machine or entrance to a bank, credit union or financial institution;

(C) In an aggressive manner, including any of the following actions:

(1) Touching the solicited person without the solicited person’s consent;

(2) Soliciting a person which such person is standing in line and waiting to be admitted to a commercial establishment;

326 (3) Blocking the path of a person being solicited, or the entrance to any building or vehicle;

(4) Following behind, ahead or alongside a person who walks away from the panhandler after solicited;

(5) Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture or other communication which would cause a reasonable person to be fearful or feel compelled; or

(6) Panhandling in a group of two or more persons.

(Ord. 2009-30, passed 12-17-09) Penalty, see § 6-284

§ 6-284 FINES AND REMEDIES

Any person who violates this article shall be fined $200 for each violation. The Town of Avon, through its employees and agents, may enforce this article using all legal means, including but not limited to actions for the collection of money, injunctive relief, and other remedies in the Avo Town Court, the Circuit or Superior Courts of Hendricks County, Indiana, or other courts of competent jurisdiction. (Ord. 2009-30, passed 12-1-09)

327

CHAPTER 7: BUILDING AND CONSTRUCTION REGULATIONS

Article

1. ENFORCEMENT OF BUILDING STANDARDS

2. INSPECTION, REPAIR OR REMOVAL OF UNSAFE BUILDINGS

3. BUILDING CODE

4. WRECKING AND DEMOLITION OF BUILDINGS

5. ZONING

6. FIRE PREVENTION CODE

7. SUBDIVISION CONTROL ORDINANCE

328 ARTICLE 1: ENFORCEMENT OF BUILDING STANDARDS

Section

7-1 Adoption of state standards by reference 7-2 Purpose 7-3 Definition 7-4 Administration; Building Commissioner 7-5 Scope 7-6 Adoption of rules by reference 7-7 Permit required 7-8 Other ordinances 7-9 Prohibited activity

§ 7-1 ADOPTION OF STATE STANDARDS BY REFERENCE.

675 I.A.C. 13 on enforcement of building standards is adopted by reference as if fully set out herein. A copy of 675 I.A.C. 13 is on file in the office of the Clerk-Treasurer for public inspection. ('95 Code, § 7-1) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed I -25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-2 PURPOSE.

The purpose of this code is to provide Minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of buildings and structures. ('95 Code, § 7-2) (Ord. 95-8, passed I 1-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-3 DEFINITION.

The definition of "substantial property interest" used in I.C.36-7-9-2 is applicable to this chapter and means any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate, a future interest, a present possessory interest or an equitable interest of a contract purchaser. ('95 Code, § 7-3) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; 8, passed. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

329 § 7-4 ADMINISTRATION; BUILDING COMMISSIONER.

The Building Commissioner is authorized and directed to administer and enforce all of the provisions of this article. Whenever in this article 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 the Department of Planning and Zoning, this shall be construed to give the officer only the discretion of determining whether this article has been complied with; and no provision shall be construed as giving any officer discretionary powers as to what this article shall be, or power to require conditions not prescribed by ordinances or to enforce this article in an arbitrary or discriminatory manner. Any variance from adopted building rules are subject to approval under I.C. 22-13-2-7 (b). ('95 Code, §7-4) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§7-5 SCOPE.

The provisions of this code apply to the construction, alteration, repair, use, occupancy and addition to all buildings and structures, other than industrialized building systems or mobile structures certified under I.C. 22-15-4 in the town. ('95 Code, § 7-5) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-6 ADOPTION OF RULES BY REFERENCE.

(A) Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of Title 675 I.A.C. are hereby incorporated by reference in this code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein;

(1) Article 13, Building Codes:

330 (a) Fire and Building Safety Standards;

(b) Indiana Building Code;

(c) Indiana Building Code Standards; and

(d) Indiana Handicapped Accessibility Code.

(2) Article 14, One- and Two-Family Dwelling Code;

(3) Article 16, Indiana Plumbing Code;

(4) Article 17, Electrical Code:

(a) Indiana Electrical Code; and

(b) Safety Code for Health Care Facilities.

(5) Article 18, Indiana Mechanical Code;

(6) Article 19, Energy Conservation Codes:

(a) Indiana Energy Conservation Code; and

(b) Modifications to the Model Energy Code.

(7) Article 20, Indiana Swimming Pool Code.

(B) Copies of adopted building rules, codes and standards are on file in the office of Clerk• Treasurer. ('95 Code, § 7-6) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-7 PERMIT REQUIRED.

A permit shall be obtained before beginning construction, alteration or repair of any building or structure, the cost of which exceeds $100, using forms furnished by the Building Commissioner, and all fees required by this code shall be paid to Clerk-Treasurer. ('95 Code, §7-7) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

331 § 7-8 OTHER ORDINANCES.

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 the ordinances. ('95 Code,§ 7-8) (Ord. 95-8, passed I 1-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-9 PROHIBITED ACTIVITY

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 this chapter or any order issued by the Building Commissioner. ('95 Code,§ 7-9) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96) Penalty, see§ 7-195

332 Section

7-10 Title 7-1 I Unsafe building law incorporated by Reference 7-12 Public nuisance 7-13 Role of Building Commissioner 7-14 Guidelines 7-15 Unsafe building defined 7-16 Definition of substantial property Interest 7-17 Standards and practices in the trade 7-18 Administrator and hearing authority 7-18 Order, notice, hearing procedures, and corrective action. 7-19 Unsafe Building Fund 7-20 Filing Repair Orders for Real Property Listed on County Executive’s List of Vacant or Abandoned Property

§ 7-10 TITLE.

Under the provisions of J.C. 36-7-9, there is Established the town's Unsafe Building Law. ('95 Code, § 7-10) (Ord. 95-8, passed 11-3-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord 96- 22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-11 UNSAFE BUILDING LAW INCORPORATED BY REFERENCE.

I.C. 36-7-9-29, together with all hearing Requirements, is incorporated by reference in the town's Unsafe Building Law. All proceedings within the town for the inspection, repair and removal of unsafe buildings shall he governed by the law and the provisions of this article. In the event the provisions of this article conflict with the provisions of l.C.36-7-9-1 through 36- 7-9-29, then the provisions of the same statute shall control. ('95 Code, § 7-11) (Ord. 95-8, passed I 1-30-95; Am Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord. 2013-07, passed 6-27-13)

§ 7-12 PUBLIC NUISANCE.

All buildings or portions thereof within the Town which are determined after inspection by the Building Commissioner or his or her designee to be unsafe as defined in this article are declared to be public nuisances and shall be abated by repair, Rehabilitation, demolition or other appropriate remedial action in accordance with the procedures set forth herein or as otherwise provided by law or the Town Code. ('95 Code, § 7-12) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord. 2013-07, passed 6-27-13)

333

§ 7-13 ROLE OF BUILDING COMMISSIONER

The Building Commissioner shall administer the Avon Unsafe Building Law. ('95 Code, § 7-13) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord. 96-28, passed 5-23-96; Am. Ord. 2009-15, passed 7- 9-09)

§ 7-14 GUIDELINES.

Wherever, in the building regulations of the town or the Unsafe Building Law, 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 or agency of the town, this shall be construed to give the officer only the discretion of determining whether the rules and standards established by ordinance have been complied with; and no provisions shall be construed as giving any officer or agency discretionary powers as to what regulations or standards shall be, power to require conditions not prescribed by ordinance, state law, or other regulation, or to enforce ordinance provisions in an arbitrary or discretionary manner. ('95 Code, § 7-14) (Ord. 95-8, passed 11-30-95; Am. Od 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord. 2013-07, passed 6-27-13)

§ 7-15 UNSAFE BUILDING DEFINED

(A) For purposes of this article, the term UNSAFE BUILDING shall have the definition contained in J.C. 36-7-9-4. In particular, the term is defined as a building or structure, or any part of a building or structure, that is:

(I) In an impaired structural condition that makes it unsafe to a person or property;

(2) A fire hazard;

(3) A hazard to public health;

(4) A public nuisance;

(5) Dangerous to a person or property because of a violation of a statute or ordinance concerning building conditions or maintenance; or

(6) Vacant and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a stature of an ordinance.

(B) As further provided in LC. 36-7-9-4, an unsafe building and the tract of real property on which the unsafe building is located are considered unsafe premises. A tract of real property that does not contain a building or structure, not including land used for

334 producing agriculture, is considered an unsafe premises if the tract of real property is:

(1) A fire hazard;

(2) A hazard to public health;

(3) A public nuisance, or

(4) Dangerous to person or property because of a violation of a statute or an ordinance. (Ord. 2013-07, passed 6-27-13)

§ 7-16 DEFINITION OF SUBSTANTIAL PROPERTY INTEREST.

The definition of SUBSTANTIAL PROPERTY INTEREST as set forth in J.C. 36-7- 9-2 is incorporated herein. In particular, as used herein, SUBSTANTIAL PROPERTY INTEREST means any right in real property that may be affected in a substantial way by actions authorized by this article, a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser. (Ord. 2013-07, passed 6-27-13)

§ 7-17 STANDARDS AND PRACTICES IN THE TRADE.

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 I.C. 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 article or orders issued pursuant to this article. ('95 Code, § 7-17) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord. 2013-07, passed 6-27-13)

§ 7-18 ADMINISTRATOR AND HEARING AUTHORITY.

The Town Building Department is designated as the department responsible for the administration of this article. The Town's Building Commission is designated as the "enforcement authority" as provided in I.C. 36-7-9-2. The Avon Plan Commission is designated as the "hearing authority" for purposes of conducting hearings in accordance with J.C. 36-7-9-7 and for taking any other action as the hearing authority is authorized by the Unsafe Building Act. (Ord. 2013-07, passed 6-27-13)

335

§ 7-18.5 ORDER, NOTICE, HEARING PROCEDURES, AND CORRECTIVE ACTION.

The procedures contained in J.C. 36-7-9-5 through 36-7-9-29, and any other applicable provisions of l.C. 36-7-9, are incorporated herein by reference and govern the procedures relating to the enforcement of this article. The following provisions ate intended to provide a summary of the statutory procedures and do not in any way restrict those procedures and do not in any way remedies available thereunder.

(A) Issuance of order.

(1) Upon discovery of an unsafe premises, the Building Commissioner may issue an order requiring corrective or remedial action as provided in LC. 37-7-9- S(a). The order must contain the information specified in I.C. 37-7-9-S(b). The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued. The order must allow a sufficient time, of at least ten days but not more than 60 days, from the time when notice of the order is given, to accomplish the required action. If the order allows more than 30 days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within 30 days.

(2) Notice of the order must be given as Provided in I.C. 37-7-9-2.

(3) The Building Commissioner may issue an order that modifies an order previously issued. The Building Commissioner may rescind an order previously issued, even if the order has been affirmed by the Plan Commission.

(B) Hearing and action by Plan Commission

(1) A hearing by the Plan Commission must be held for each order of the Building Commissioner issued under this article, except orders to seal an unsafe building (see J.C. 36-7-9-S(a) (2)), for examination of vermin (see J.C. 36-7-9-5(a)(2)), for removal of trash, debris, fire hazardous material, or a public health hazard (see LC. 36-7-9-5(a)(4)), or to repair or rehabilitate an unsafe building (see LC. 36-7-9-5(a)(5)). Orders requiring the remedial action specified above for which no hearing is required become final ten days after notice is given, unless a hearing is requested before the ten day period ends by a person holding a fee interest, life estate interest, mortgage interest, or equitable interest of a contract purchaser in the unsafe premises. The hearing must be held no earlier than ten days after notice of the order is given, unless a continuance is properly requested and granted. Persons with an interest in the proceedings who appear at the hearing are entitled to present evidence, cross-examine opposing

336 witnesses, and present arguments.

(2) At the conclusion of the hearing, the Plan Commission may make findings and affirm the order, rescind the order, or modify the order. But, if the person to whom the order was issued, or counsel for that person, is present at the hearing, the Plan Commission may modify the order only in a manner that makes its terms less stringent. The Plan Commission may also grant additional time to accomplish action required by the order, as provided in LC. 36-7- 9-7(f). If the Plan Commission affirms or modifies an order, it shall issue a continuous enforcement order as Provided in LC. 36-7-9-7(g).

(3) If the Plan Commission affirms an order and finds that there has been a willful failure to comply with the order, the Plan Commission may impose a civil penalty in an amount not to exceed $5,000. The Plan Commission may reduce or strike the penalty, or impose additional penalties not to exceed $5,000 per penalty, as provided in l.C. 36-7-9-7(e).

(4) The record of the findings made and action taken at the Plan Commission hearing shall be available to the public upon request, but neither the Building Commissioner nor the Plan Commission is required to give any person notice of the findings and action.

(C) Judicial review. The Plan Commission's decision concerning an order or its imposition of a civil penalty is subject to judicial review by the circuit or superior court of Hendricks County, as provided in LC. 36-7-9-8. The complaint for judicial review must be filed with the court within ten days after the date when the action was taken

(D) Emergency action without order or notice. If the Building Commissioner finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety, or property, he or she may take that action necessary to removing any immediate danger without issuing an order or giving notice, as provided in I.C. 36-7-9-9.

(E) Proceedings for corrective action, recovery of costs, and related matters. All proceedings concerning the corrective action required after issuance of an order under this article, liability for costs of work performed, and related matters shall be governed by the terms of die Unsafe Building Act, including but not limited to the procedures provided in I.C. 36-7-9-10 through I.C. 36-7-9-13.5.

(F) Required notices. All notices issues in enforcement proceedings under this article shall be given as provided in I.C. 36-7-9-25. This includes notice of orders. notice of continued hearings without a specified date, notice of a statement that public bids are to be let, and notice of claims for payment.

(G) Recording of notices. Orders issued by the Building Commissioner for demolition and removal of part of an unsafe building (see I.C. 36-7-9-59(a)(6)), demolition and removal of an unsafe building for the reasons specified in LC. 36-7-9-5(a)(7), or modifying a previously issued order (see I.C. 36-7-9-6(a)), and other- related orders as provided in I.C. 36-7-9-26, shall be recorded in the office of the Hendricks County Recorder.

337

(H) Class C infraction.

(1) LC. 36-7-9-28 makes it a Class C infraction for a person to:

(a) Remain in, use or enter a building in violation of an order under the Unsafe Building Act; (b) Knowingly interfere with or delay the carrying of an order made under the Unsafe Building Act;

(c) Knowingly obstruct, damage, or interfere with persons engaged or property used in performing any work or duty under the Unsafe Building Act; or

(d) Fail to comply with I.C. 36-7-9-27.

(2) Each day a violation continues constitutes a separate offense. (Ord. 2013-07, passed 6-27-13)

§ 7-19 UNSAFE BUILDING FUND.

An Unsafe Building Fund is established in the operating budget of the town in accordance with the provisions I.C. 36-7-9-14. ('95 Code, §7-19) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-20 FILING REPAIR ORDERS FOR REAL PROPERTY LISTED ON COUNTY EXECUTIVE’S LIST OF VACANT OR ABANDONED PROPERTY If real property is listed on the County Executive’s certified list of vacant and abandoned property, the Town Building Commissioner may submit copies of one or more orders for necessary repairs on vacant or abandoned property, located in the Town, to the County Auditor. The Building Commissioner shall make copies of the submitted orders available for public inspection in the office of the Building Commissioner at least 40 days before a tax sale is conducted by the County pursuant to Indiana Code § 6-1.1-24. If necessary repair orders are submitted to the County Auditor and made available to the public, a successful bidder for the vacant or abandoned property at a tax sale conducted under Indiana Code § 6-1.1-24 takes the property subject to the necessary repair orders for the vacant property. If a tax deed for a vacant or abandoned property has been issued to a successful bidder subject to a necessary repair order, the Town may enforce the order against the successful bidder under Indiana Code § 36-7-9.

338

ARTICLE 3: BUILDING CODE

Section

7-25 Compliance required 7-26 Issuance of permits 7-27 Review of application 7-28 Inspections 7-29 Inspection assistance 7-30 Entry 7-31 Workmanship 7-32 Certification of occupancy 7-33 Stop work orders 7-34 Appeals 7-35 Reserved 7-36 Violations; injunctions

§ 7-25 COMPLIANCE REQUIRED. The provisions of this code 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 I.C. 22-15-4, in the jurisdiction of the Avon Advisory Plan Commission. ('95 Code, § 7-25) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-26 ISSUANCE OF PERMITS.

No permit required by this article shall be issued 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. All plans for the building construction under the authority of the Fire Prevention and Building Safety Commission of the state must also be filed in accordance with state law and regulations. In addition, a copy of a design release, issued by the State Building Commissioner and the State Fire Marshal pursuant to LC. 22-15-3- I, shall be provided to the Building Commissioner before issuance of a permit for construction covered by the design release. Applications for a building permit for a Class 1 or Class 2 structures, as defined in Indiana Code 22-12-1-4 and 22-12- 1-5, respectively, must provide the following information: (1) The street address of qualifying property containing advanced structural components. Advanced structural components mean lightweight I-joists or lightweight roof trusses

339 that have less mass cross-sectional area than sawn lumber of equivalent proportions used in an equivalent application and are assembled from combustible or noncombustible materials, or both. Advances structural components does not mean a structural assembly, joist, or truss that provides at least one hour of fire resistance when tested in accordance with the American Society for Testing and Materials Standard E119; (2) The name of the township and the county in which the qualifying property is located; (3) The types of advanced structural components used in the qualifying property; and The location of the advanced structural components used in the floor, or roof, or both, of the qualifying property.

('95 Code, § 7-26) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord 96-23, passed 5-2-96; Am. Ord 2018-24, passed 12-20-18)

§ 7-27 REVIEW OF 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 this code.

(B) Review all buildings 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 plan 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) ls protected against flood damage;

340 (2) ls designed (or modified) and anchored to prevent floatation, collapse or lateral movement of the structure, flood damage; and

(3) Uses construction methods and Practices that will minimize flood damage.

(E) Within 90 days after the issuance of any building permit, the Building Commissioner will send electronic notification, read receipt requested, of the structure’s use of advanced structural components as defined in section 7-26, to the local fire department and 911 telephone call center responsible for the area where the structure is located.

(F) Conflicts of Interest

(1) Definitions: The flowing definitions apply to this subsection: (a) Conflict of Interest: A “conflict of interest” means a direct or indirect financial interest in the issuance or denial of issuance of a permit; and (b) Permit: A permit means any of the following: • An improvement location permit; • A building permit; • A certificate of occupancy; • Approval of a site-specific development plan; • Approval of a primary or secondary plat; • Approval of a contingent use, conditional use, special exception or special use; or • Approval of a planned unit development. (2) Conflict of Interest Prohibited: The Building Commissioner, Building Code Official, or Building Inspector is prohibited from issuing a building permit or oversee the issuance of a permit if the Building Commissioner, Building Code Official, or Building Inspector possesses a conflict of interest. (3) Notice to Department Head: If the Building Commissioner, Building Code Official, or Building Inspector has a conflict of interest in the issuance of a permit, he or she must report the conflict, in writing, to his or her Department Head immediately upon learning of the conflict. The Department Head must place this notice in the permit applicant’s file. (4) Disqualification: If the Building Commissioner or a building code official or building inspector has a conflict of interest with regard to a permit, he or she is disqualified from reviewing, participating in review discussions, making decisions, or otherwise being involved in the permit process for that particular permit. (5) Appointment of a Qualified Temporary Replacement: The Department Head must then appoint a qualified temporary replacement Building Commissioner, Building Code Official, or

341 Building Inspector. This appointment may be any qualified individual of the Building Department. If no Town employee is qualified to be the temporary replacement, the Department Head may contract a qualified independent contractor to oversee the issuance or denial of a permit. Any appointment made or contract entered into under this policy must be with an individual who does not possesses a conflict of interest in the issuance of the permit in question. The Department Head shall follow all Town policies when contracting a qualified temporary replacement. (6) Exclusion of Disqualified Official: The Department Head must ensure that all documents, records, and communications regarding the issuance of the permit are removed from the possession of the Building Commissioner, Building Code Official, or Building Inspector who possesses a conflict of interest. The Department Head shall also ensure that the employee is excluded from any internal meetings, deliberation, or communication regarding the issuance of the permit. (7) Document Retention: The Department Head must retain all documents regarding the conflict of interest in the permit file and the official’s personnel file for a period of ten years. (8) Penalties: Failure of a Building Commissioner, Building Code Official, or Building Inspector to notify the Department Head of a conflict of interest will subject the employee to discipline. This discipline may include suspension without pay and/or termination.

('95 Code, § 7-27) (Ord. 95-8, passed 1-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord 2018-24, passed 12-20-18; Amd. Ord 2019-10, passed 6-27-19)

§ 7-28 INSPECTIONS.

(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 ensure full compliance with the provisions of this code and the terms of the permit. Reinspection of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees as prescribed in this code.

(B) If the building administrator, or the building administrator’s designee, finds that a building, structure, improvement, or other project violates an applicable law, order, or interpretation under Indiana Code § 36-7-2-9, the administrator, or the administrator’s designee must provide, in writing, a detailed statement to the building permit applicant regarding the finding of noncompliance. In providing this statement, the administrator or designee must identify the specific feature of the building, structure, improvement, or project that is noncompliant and identify the specific law, order, or interpretation upon which the finding of noncompliance is based, specifying the edition, chapter, and section of any applicable building or fire code.

('95 Code, § 7-28) (Ord. 95-8, passed I 1-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96; Am. Ord 2018-14, passed 6-28-18)

342

§ 7-29 INSPECTION ASSISTANCE.

The Chief of the Fire Department, or his designated representative, may assist the Building Commissioner in the inspection of fire suppression, detection and alarm systems and shall provide reports of the inspection to the Building Commissioner. ('95 Code, § 7-29) (Ord. 95-8, passed 11-30-95 Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22 passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-30 ENTRY.

Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter at reasonable times any building, structure or premises in the town to perform any duty imposed upon him by this code. ('95 Code,§ 7-30) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-31 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. ('95 Code, § 7-31) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22 passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-32 CERTIFICATE OF OCCUPANCY.

No certificate of occupancy for any building or structure erected, altered or repaired after December 22, 1981, shall be issued unless the building or structure was erected, altered or repaired in compliance with the provisions of this article. The permit holder shall be responsible for requesting a final inspection and receiving a certificate of occupancy from the Building Commissioner prior to allowing a building or Structure to be occupied. It shall be unlawful to occupancy any building or structure unless a full, partial or temporary certificate of occupancy has been issued by the Building Commissioner. ('95 Code, § 7-32) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96) Penalty, see§ 7-195

§ 7-33 STOP WORK ORDERS

343 (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.

(B) The circumstances under which stop work orders may be issued are the following:

(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 a manner that if construction is allowed to proceed, there is a reasonable probability that 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 half the time period in which construction would be completed, but no longer than 15 calendar days have 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 building permit is required is proceeding without a building permit being in force. In an instance, the stop work order shall indicate that the effect of this order terminates if the required building permit is obtained.

(5) Construction act1v1ty for which a building permit is 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 the State Board of Health, State Department of Environmental Management, State Department of Natural Resources and State Department of Highways) 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 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 p e r m i t s and approvals are obtained.

(6) Construction activity is occurring for which a certificate of appropriateness from the State Historical Preservation Commission pursuant to LC. 36-7-11-1 el. Seq., without a certificate of appropriateness being in force. In an instance, the stop work order shall indicate that the effect of the order terminates if the required certificate of appropriateness is obtained. ('95 Code, § 7-33) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

344

§ 7-34 APPEALS.

All persons shall have the right to appeal the Building Commissioner's decision first through the Advisory Plan Commission, and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of J.C. 22-13-2-7 and 4-21.5-5-3- 7. ('95 Code, § 7-34) (Ord. 95-8, passed I 1-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-35 RESERVED.

§ 7-36 VIOLATIONS; INJUNCTIONS.

Action on the violation of any provisions of this article and the right of injunction against the violation shall be as provided by Indiana law. ('95 Code, § 7-36) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

345 ARTICLE 4: WRECKING AND DEMOLITION OF BUILDINGS

Section

7-40 Permit required 7-41 Application 7-42 Deposits 7-43 Public liability insurance 7-44 Inspections 7-45 Issuance procedure 7-46 Fees 7-47 Duties required 7-48 Daily inspections 7-49 Violations

§ 7-40 PERMIT REQUIRED.

It shall be unlawful to wreck or demolish any building or structure in the town without first securing a permit therefor. ('95 Code, § 7-40) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed I -25-96; Am. Ord. 96- 22, Passed 4-25-96; Am. Ord. 96-23, passed 5-2-96) Penalty, see§ 7-195

§ 7-41 APPLICATION.

An application for a permit to wreck or demolish any building or structure in the town shall be made in writing to the Building Commissioner, with a copy to the Town Manager, to any utility company serving the premises, and the owners or agents of adjoining premises. The application shall give the location of the building or structure, the specific location of all utility connections, the date when wrecking or demolition is to commence and the approximate time which the wrecking or demolition shall occur. ('95 Code, § 7-41) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-42 DEPOSITS.

(A) Before a permit is issued, the applicant shall submit a performance bond to the Building Commissioner to ensure that the property is in a proper and safe condition after the wrecking or demolition. The performance bond so required shall be in the following sum:

(1) For buildings not exceeding a total of 3,000 square feet $1,000;

(2) For buildings not exceeding a total of 10,000 square feet, $1,500;

346 (3) For buildings not exceeding a total of 20,000 square feet, $2,000;

(4) For buildings not exceeding a total of 50,000 square feet, $3,000;

(5) For buildings not exceeding a total of 100,000 square feet, $4,000; and

(6) For buildings exceeding a total of 100,000 square feet, $4,000; plus, an additional $1,000 for each additional 10,00 square feet.

(B) By safe and proper condition is meant that all debris is cleared away, that any excavation remaining is either filled in and tamped down, or surrounded by a fence at least six feet in height, if the property is not to be put to immediate use. If the property is to be used for any purpose within two months of the wrecking or demolition, then adequate barricades, lighted at night, shall be installed around the perimeter of the excavation.

(C) If the Building Commissioner finds that the property has been put into the proper condition as provided for in this section, he shall release the performance bond. If the site is not cleared, or put into a safe condition or work commenced to do so, within ten days of the conclusion of the wrecking or demolition. the town shall then proceed with the work and a claim made against the bond. ('95 Code, § 7-42) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-43 PUBLIC HEALTH INSURANCE.

A certificate showing that public liability insurance in the amount of $1,000,000 has been obtained by the applicant shall accompany any application. ('95 Code, § 7-43) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-44 INSPECTIONS.

Before any permit shall be approved, the Building Commissioner shall inspect the premises where the wrecking and demolition work is to take place, and ascertain that provisions for proper care has been made so as not to endanger any sewer or water connections with the town sewer and water systems. or any electrical wires or installations. ('95 Code, § 7-44) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96- 22 passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

347 § 7-45 ISSUANCE PROCEDURE.

If the Building Commissioner finds that the terms of this article are being complied with by the applicant, he shall approve the application and issue a permit for the wrecking or demolition. ('95 Code, § 7-45) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22 passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-46 FEES.

The following fees shall be collected for a permit for wrecking or demolition:

(A) Wrecking frame or masonry buildings not exceeding a total of 3,000 square feet, $50;

(B) Wrecking frame or masonry buildings not exceeding a total of 10,000 square feet, $50;

(C) Wrecking frame or masonry buildings not exceeding a total of 20,000 square feet, $50;

(D) Wrecking frame or masonry buildings not exceeding a total of 50,000 square feet, $65;

(E) Wrecking frame or masonry buildings not exceeding a total of 100,000 square feet, $90; and

(F) Wrecking frame or masonry buildings in excess of 100,000 square feet, $100. ('95 Code, § 7-46) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-47 DUTIES REQUIRED.

(A) All work of wrecking or demolition shall be performed in a good and workmanlike manner and with the least amount of noise possible. Care shall be taken to protect adjoining or neighboring structures with adequate shoring and whatever other measures are required to protect structures. Signs stating "Wrecking and demolition work in progress - No trespassing" shall be erected on each side of a building or structure that faces a public street or alley. Adequate protection shall be provided to prevent injury to any town or public utility appurtenances.

(B) It shall be the duty of all persons working on or responsible for wrecking or

348 demolition to assure that children are warned away from the premises, and are not permitted to play in, or on, or to frequent the structures.

(C) During the demolition of any structure, all reasonable dust control efforts will be undertaken. Dust control efforts will include without limitation the use of sufficient water to wet the building or portion of the building being demolished to keep dust from the demolition to a minimum.

(D) Dust control provisions for any demolition will be presented with the original application for a demolition permit and be subject to the approval of the Building Commissioner. ('95 Code, § 7-47) (Ord. 95-8, passed 11-30-95; Am. Ord. 96-9, passed 1-25-96; Am. Ord. 96-22, passed 4-25-96; Am. Ord. 96-23, passed 5-2-96)

§ 7-48 DAILY INSPECTIONS.

The Building Commissioner shall supervise such wrecking or demolition and shall inspect such premises at least once daily during such wrecking or demolition operations. ('95 Code, § 7-48)

§ 7-49 VIOLATIONS.

Any person, firm or corporation violating any provision of this Article may be fined in an amount not to exceed $2,500.00; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. ('95 Code, § 7-49)

349 ARTICLE 5: ZONING

Section

7-55 Adoption by reference Cross-reference: Zoning map changes, see T.S.0 III

§ 7-55 ADOPTION BY REFERENCE.

The revised comprehensive zoning ordinance, copies of which are on file in the office of the Clerk-Treasurer, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein. (Ord. 2000-3, passed 4-27-00; Am. Ord. 2000-11, passed 6-29-00; Am. Ord. 2001-16 Passed 9-20-01; Am Ord. 2001-20, passed 11-29-01; Am. Ord. 2002-07, passed 6-13-02; Am. Ord. 2002-14. passed 11-14-02; Am. Res. 2003-4, passed 2-13-03; Am. Ord. 2003-6, passed 2- 13-03; Am. Ord. 2003-7, passed 2-13-03; Am.Ord. 2003-8, passed 2-13-03; Am. Res. 2003-9, passed 4-24-03; Am. Ord. 2003-26, passed 7-10-03 Am. Ord. 2003-28, passed 7- 24-03; Am. Ord. 03-38, passed 9-25-03; Am. Ord. 2004-11, passed 3-13-04; Am. Ord. 2004-1, passed 4-27-04; Am. Ord. 2003-40, passed 12-11-03; Am. Ord. 2004-19, passed 9-27-04; Am. Ord. 2005-37, passed 7-14-05; Am. Ord. 2005-38, passed 7-28-05; Am. Ord. 2005-45, Passed 12-22-05; Am. Ord. 2006-27, passed 9-28-06; Am. Ord. 2006-28, passed 9-28-06; Am. Ord. 2007-26, passed 10-11-07; Am. Ord. 2008-01, passed 2-14-08; Am. Ord. 2008-04 passed 3-13-08 ; Am. Ord. 2008-11, passed 7-10-08; Am. Ord. 2008-21,.passed 8-14-08; Am. Ord. 2008-23, passed 8-14-08; Am. Ord. 2008-25, passed 9-2- 08; Am. Ord. 2008-28 passed 10-9-08; Am. Ord. 2009-10, passed 4-9-09; Am. Ord. 2009-34, passed I 0-5-09; Am. Ord. 2009-35, passed 12-3-09; Am. Ord. 2010-02, passed4-8-10; Am Ord. 2010-08 passed 7-8-10; Am. Ord. 2010-09, passed 7-8-10 Am. Ord. 2010-19, passed 10-14-10; Am. Ord. 2010-20, passed 10-14-10; Am. Ord. 2011-08, passed 5-12-11; Am. Ord. 2011-10, passed 6-9-11; Am. Ord. 2011-13, passed I 0-13-11; Am. Ord. 2012-06, passed 3-8-12; Am. Ord. 2012-07 passed 3-8-12; Am. Ord. 2012-08, passed 3-8-12 Am. Ord. 2012-23, passed 11-15-12; Am. Ord. 2013-04, passed 3-14-13; Am. Ord. 2013-23 passed 12-5-13; Am. Ord. 2014-09, passed 5-8-14; Am. Ord. 2014-10, passed 5-8-14; Am. Ord. 2014-16, passed 8-28-14; Am. Ord. 2014-23, passed 10-23-14: Am. Ord. 2015-17 Passed 9-24-15; Am. Ord. 2015-18, passed 9-24-15; Am. Ord. 2016-02, passed 2-11-16; Am. Ord. 2016-03, passed 2-11-16; Am. Ord. 2016-39, passed 12-1-16; Am. Ord. 2016-40, passed 12-1-16)

350 ARTICLE 6: FIRE PREVENTION CODE Section

7-65 Title and purpose 7-66 Definitions 7-67 Applicability 7-68 Minimum standards 7-69 Fire Department emergency operations 7-70 Fire Prevention Division 7-71 General authority and responsibility 7-72 Violations 7-73 Fire protection system permit 7-74 Fire Department connection requirements 7-75 Fire alarm requirements 7-76 Monitoring of fire systems 7-77 Notification of fire alarm activation 7-78 Faulty alarms 7-79 Remote fire alarm annunciator panels 7-80 Required water supply for fire protection 7-81 Fire hydrants 7-82 Marking of fire protection equipment and fire hydrants 7-83 Fire apparatus access roads 7-84 Emergency access 7-85 Smoke and heat removal equipment 7-86 Fire protection in recreational vehicle, mobile home and manufactured housing parks, sale, and storage lots 7-87 Dwellings - smoke detector requirements 7-88 Means of egress illumination and signs 7-89 Exit door, stairway, and elevator signs 7-90 Obstruction of the means of egress 7-91 Halloween amusement permit 7-92 Underground storage tanks; notification 7-93 Indoor pyrotechnics displays

§ 7-65 TITLE AND PURPOSE.

(A) Title. These regulations shall be known as the "Town of Avon Fire Prevention Code," hereinafter referred to as "this article"

(8) Scope. The purpose of this article is to establish requirements consistent with

351 the rules of the Indiana Fire Prevention and Building Safety Commission to safeguard life, property, and the environment from the hazards of fire and explosion arising from the storage, handling, or use of materials of devices or the use of a structure; from conditions that are hazardous to life and property or public welfare in the occupancy of new or existing structures or premises and to establish appropriate administrative procedures for the enforcement of this article. (Ord. 2005-43, passed 5-25-06)

§ 7-66 DEFINITIONS

For the purpose of this article, the following definitions shall have the following meanings unless the context clearly indicates or requires another meaning.

CLASS 1 STRUCTURE. Buildings and structures as defined in I.C. 22-12-1-4.

CLASS 2 STRUCTURE. Buildings and structures as defined in I.C. 22-12-1-5. CODE OFFICIAL. Any person authorized to enforce this article. The CODE OFFICIAL may include but not be limited to the Fire Chief, Fire Marshal, Fire Inspector, or the Building Official.

CONSTRUCTION ACTIVITY. Any activity for which a town building permit is required.

DESIGN PROFESSIONAL. An architect or engineer as defined by 675 IAC 125-2 (d).

FIRE CHIEF. The administrator of the Washington Township/ Avon Fire Department as appointed by the Township Trustee of Washington Township, Hendricks County or his or her designee.

FIRE DEPARTMENT. The Washington Township/ Avon Fire Department.

FIRE MARSHAL. The chief fire prevention officer as appointed by the Fire Chief.

FIRE PREVENTION DIVISION. The Fire Prevention Bureau of the Washington Township/ Avon Fire Department.

FIRE PREVENTION AND BUILDING SAFETY COMMISSION. The State of Indiana Fire Prevention and Building Safety Commission.

352 FIRE PROTECTION SYSTEM. Any fire sprinkler system, fire alarm system, kitchen hood fire suppression system, paint booth fire suppression system, or any other fire suppression or detection system installed in a Class 1 structure.

PREMISE. Any piece of property containing a Class I or Class 2 structure.

PRIVATE DWELLING. A building used exclusively as the personal residence of one or two families.

QUALIFIED INDIVIDUAL. A person who has successfully completed instruction related to the equipment being installed, serviced, or repaired. (Ord. 2005-43, passed 5-25-06)

§ 7-67 APPLICABILITY.

(A) The provisions of this article shall be supplemental to 675 IAC 22, as adopted from time to time by the Fire Prevention and Building Safety Commission.

(B) The provisions of this article shall apply to the maintenance and installation of fire prevention and life safety features as herein described.

(C) When any provision of this article is found to be in conflict with any building, zoning, safety, health, or other applicable law or Ordinance of the town existing on the effective date of this article, the provision which establishes the higher standards for the promotion and protection of the safety and welfare of the public, as determined by the Fire Marshal, shall prevail.

(D) The provisions of this article shall apply to existing conditions; as well as to the conditions arising after the adoption thereof. Buildings, systems, uses, processes, and equipment in existence on the effective date of this article shall be permitted to continue so long as they are maintained in a condition that is equivalent to the quality and fire resistive characteristics that existed when the building was constructed, altered, added to or repaired.

(E) Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 2005-43, passed 5-25-06)

§ 7-68 MINIMUM STANDARDS.

(A) All fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in Title 675 of the Indiana Administrative Code applicable to the town are hereby

353 incorporated in this article, and shall include later amendments to the code as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates affixed to them.

(B) A current copy of these standards shall be available in the office of the fire prevention division for inquiry and review by the public during normal business hours. (Ord. 2005-43, passed 5-25-06)

§ 7-69 FIRE DEPARTMENT EMERGENCY OPERATIONS.

(A) Fire Department. The Washington Township/ Avon Fire Department shall provide fire protection and prevention services for the town.

(B) Authority at fires and other emergencies. The Fire Chief or Officer of the Fire Department in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks, or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the Fire Department and, in the judgment of the Fire Chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

(1) Barricades. The Fire Chief or Officer of the Fire Department in charge at the scene of an emergency is authorized to place ropes, guards, barricades, or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interfere with the lawful effort of the Fire Department to manage and control the situation.

(2) Obstructing operations. No person shall obstruct the operations of the Fire Department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the Fire Chief or Officer of the Fire Department in charge of the emergency, or any part thereof or any lawful order of a police officer assisting the Fire Department.

(3) Systems and devices. No person shall render a system or device inoperative during an emergency unless by direction of the Fire Chief or Fire Department official in charge of the incident.

(C) Fire investigations. The Fire Department shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition

354 pursuant to LC. 36-8-17. (Ord. 2005-43, passed 5-25-06)

§ 7-70 FIRE PREVENTION DIVISION.

(A) General. The Fire Prevention Division is established within the jurisdiction under the direction of the Fire Chief. The function of the Division shall be the implementation, administration and enforcement of the provisions of this article.

(B) Appointment. The Fire Marshal shall be appointed by the Fire Chief.

(C) Fire prevention staff. In accordance with the prescribed procedures of the Washington Township/Avon Fire Department, the Fire Marshal shal1 have the authority to appoint technical officers, inspectors and other employees.

(D) Legal defense. Any suit instituted against any Code Official, officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this article shal1 be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceedings that is instituted in pursuance of the provisions of this article; and any officer of the Fire Prevention Division, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(A) Legal assistance. The division may obtain the services of the Town Attorney for legal assistance in connection with the enforcement of this article. {Ord. 2005-43, passed 5-25-06)

§ 7-71 GENERAL AUTHORITY AND RESPONSIBILITY

(A) General. The Code Official is hereby authorized to enforce the provisions of this article and shall have the authority to render interpretations of this article; and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this article and shall not have the effect of waiving requirements specifically provided for in this article.

(B) Applications and permits. The Code Official is authorized to receive applications, review construction documents and issue permits for construction regulated by this article, issue permits for operations regulated by this article inspect the premises for which such permits have been issued and enforce compliance with the provisions of this article.

(C) Plan review. The Code Official may assist the Planner and/or the Building

355 Commissioner in reviewing site development plans and building construction plans to determine compliance with this article.

(D) Coordinated enforcement. Whenever it shall be the responsibility of more than one official to enforce the provisions of this article, it shall be the duty of the Code Officials to coordinate their inspections and administrative orders so far as is possible, so that the owners and occupants of the buildings shall not be subjected to numerous inspections, nor to multiple or conflicting orders.

(E) (1) Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this article, or whenever the Code Official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this article which make the building or premises unsafe, dangerous or hazardous, the Code Official shall have the authority to enter the building or premises, except the interior or private dwellings, at all reasonable times to inspect or to perform the duties imposed upon the Code Official by this article. If such building or premises is occupied, the Code Official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Code Official has recourse to every remedy Provided by law to secure entry.

(2) Warrant. When the Code Official has first obtained an administrative search warrant or other remedy provided by law or secure entry, an owner or occupant or person having charge care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the Code Official for the purpose of inspection and examination pursuant to this article.

(F) identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this article.

(G) Notices and orders. The Code Official is authorized to issue such notices or order as are required to affect compliance with this article.

(H) Official records. The Code Official shall keep official records. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

(l) Approvals and variances. A record of approvals and variances granted shall be maintained by the Code Official and shall be available for public inspection during business hours in accordance with applicable laws.

(2) Inspections. The Code Official shall keep a record of each inspection made, including notices and orders issued showing the findings and disposition of each.

(3) Fire records. The Fire Department shall keep a record of fires occurring within

356 its jurisdiction.

(I) Alternative materials and methods. Except as otherwise provided in 675 IAC 12 wherever in this article the Code Official is authorized to approve any location, method, material, system or product in achieving compliance with this code, that decision shall be based on the following:

(1) Investigation or tests conducted by recognized authorities; or

(2) Investigation or tests conducted by technical or scientific organizations; or

(3) In accordance with § 7-68 of this article.

(a) Technical assistance. To determine the acceptability of technologies processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the department, the Code Official is authorized to require the owner or agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the Code Official and shall analyze the fire safety properties of the design, operation or use of t he building or premises and the facilities a n d appurtenances situated t h e r e o n , to recommend necessary changes. The Code Official is authorized to require design submittals to be prepared by, and bear the stamp of a design professional.

(b) Administrative Application for modification, alternative methods or materials and the final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the Code Official. (Ord. 2005-43, passed 5-25-06)

§ 7-72 VIOLATIONS.

(A) Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish, or utilize a building, occupancy, premises or system regulated by this article, or cause same to be done, in conflict with or in violation of any of the provisions of this article.

(B) Notice of violation. When the Code Official finds, by inspection, a building or premises that is in violation of this article, the Code Official shall prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate specifying a time for reinspection.

(1) Service. A notice of violation issued pursuant to this article shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, or by delivering the same to, and

357 leaving with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.

(2) Compliance with orders and notices. A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.

(3) Prosecution of violations. If the notice of violation is not complied with in a reasonable amount of time, the Code Official is authorized to request the prosecutor to institute the appropriate legal proceedings to restrain, correct or abate such violation.

(4) Unauthorized tampering. Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with or removed without authorization from the Code Official.

(C) Violation penalties.

(I) Fail to correct. Persons who fail to correct a violation of one or more provisions of this article within a reasonable amount of time or who shall erect, install, alter, repair, or do work at any premises in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate used under provisions of this article, shall be punishable by a fine as defined by § 7-49. Each day that a violation continues after due notice has been served shall be deemed a separate offense. This section applies only to violations that are exclusive requirements of this local article and does not apply to violations of the rules of the Commission.

(2) Abatement of violation. ln addition to the imposition of the penalties herein described, the Code Official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; to prevent occupancy of a structure or premises; or to stop an illegal act, or illegal operation of business on or about any premises as outlined in§ 7-72(E) AND (F).

(D) Board of Appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the Code Official relative to the application and interpretation of this article, there shall be and is hereby created a Board of Appeals

(I) Membership. The membership of the Board shall consist of five voting members having the qualifications established by this section. Members shall be nominated by the Code Official and subject to confirmation by a majority vote of the Town Council.Members shall serve without remuneration or compensation, and shall be removed from office prior

358 to the end of their appointed terms of office.

(a) Design professional. One member shall be a practicing design professional registered in the practice of engineering or architecture in the State of Indiana.

(b) Fire protection engineering Professional. One member shall be a qualified Engineer, technologist, technician, or safety professional trained in fire protection engineering, fire science, or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.

(c) Industrial safety professional. One member shall be a registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager, or comparable qualified specialist experienced in chemical process safety or industrial safety.

(d) General contractor. One member shall be a contractor regularly engaged in the construction, alteration, maintenance, repair, or remodeling of buildings or building services and systems regulated by this article.

(e) Business representative. One member shall be a representative of business or industry not represented by a member from one of the other categories of board members described above.

(f) Fire Marshal. The Fire Marshal shall be an ex offcio member of the Board but shall have no vote on any matter before the Board.

(2) Terms of office. Members shall be appointed for terms of four years. No member shall be reappointed to serve more than two Consecutive full terms.

(3) Initial appointment. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a term of three years.

(4) Vacancies. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Members appointed to fill a vacancy in an unexpired term shall be eligible for reappointment to two full terms.

(5) Removal of office. Members shall be removed from office prior to the end of their terms only for cause. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Town Council, render any such member liable to immediate removal from office.

(6) Quorum. Three voting members of the Board shall constitute a quorum. In varying the application of any provisions of this article or in modifying an order of the Fire Official, affirmative votes of the majority present, but not less than three

359 affirmative votes shall be required.

(7) Secretary of Board. The Code Official shall act as Secretary of the Board and shall keep a detailed record of all its proceedings which shall set forth the reasons for its decisions, the vote of each member, the absence of a member, and any failure of a member to vote.

(8) Legal counsel. The Town of Avon shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the town's expense in all matters arising from service within the scope of their duties.

(9) Meetings. The Board shall meet on the first Wednesday of every month, subject to the need to hear appeals, applications for variance, or other related business. Appeals and variance applications submitted to the Fire Marshal prior to the 20th of each month shall be heard by the Board of Appeals. Material submitted after this date shall be held the following month.

(10) Conflict of interest. Members with a material or financial interest in a matter before the Board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters.

(11) Decisions. Every decision shall be Promptly filed in writing in the office of the Code Official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the Code Officer for two weeks after filing.

(12) Filing an appeal. Persons who wish to file an appeal of provision of this article, not part of the state adopted fire and building laws, shall submit a letter to the Board of Appeals within I 8 days of the written citation. An application for appeal shall be based on a claim that the intent of this article or the rules legally adopted there under has been incorrectly interpreted, or the provisions of this article do not fully apply. The Board of Appeals can deny the appeal or sustain the appeal if the provision of this article has been incorrectly applied.

(13) Filing a variance.

(a) An owner or occupant requesting a variance from state adopted fire and building laws as set forth by I.C. 22-13-2-11 shall apply for such with the Indiana Fire Prevention and Building Safety Commission in accordance with the 675 IAC 12-5.

(b) An owner or occupant requesting a variance from the provisions of this article that are not part of the state adopted fire and building laws as set forth by IC 22-13- 2-11 shall apply in writing to the Board of Appeals. The granting of a variance shall be

360 considered only upon the written application of the owner of the property, stating that:

1. Practical difficulties have been encountered in the implementation of specific requirements of this article;

2. Compliance with specific requirements of this article will cause unnecessary hardship to the owner; and

3. The owner desires to take advantage of new methods of equipment, which are recognized as adequate for the purpose for which they are to be substituted.

(c) A variance may be granted only if the Board of Appeals determines in writing that: (1) the requested use or modification will conform with fundamental requirements for safety; and (2) the granting of the variance does not increase the risk of fire or danger to the public.

14. Administration. The Code Official shall take action in accordance with the decisions of the Board.

(E) Imminent danger. The Fire Marshal may order an operation or use stopped, or the evacuation, of any building or premises pursuant to I.C. 36-8-17-9 when it is determined that conduct or conditions of the property:

(1) Present a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;

(2) Are prohibited without a permit registration, certification, release, authorization variance, exemption, or other license required under l.C. 22-14 or another statute administered by the Department of Fire and Building Services and the license has not been issued; or

(3) Will conceal a violation of law.

(F) Stop work order. Whenever the Code Official finds any construction activity regulated by this article being performed in a manner contrary to the provisions of this article or in a dangerous or unsafe manner, the Code Official is authorized to issue a stop work order. (1) Issuance. A stop work order shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. A copy of the stop work order shall be forwarded to the Building cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume. (2) Emergencies. Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work.

361 (3) Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for fines as defined in§ 7-49.

(G) Fire watch. The Code Official is authorized to require a building owner to employ one certified firefighter for every 500 occupants in the building to serve as a fire watch, if fire protection systems, required by the rules of the Fire Prevention and Building Safety Commission, are not fully operational. (Ord. 2005-43, passed 5-25-06)

§ 7-73 FIRE PROTECTION SYSTEM PERMIT. (A) Plans and specifications for fire protection systems shall be submitted to the fire prevention division prior to the system installation for review in accordance with the rules of the Indiana Fire Prevention and Building Safety Commission. No person shall install a fire protection system without first obtaining a fire protection system permit from the Fire Prevention Division. (B) An application for a fire protection system permit shall be submitted on the Fire Department's prescribed forms and include all Documentation required by the applicable NFPA Standards adopted by the state of Indiana, but shall not be less than the following: (1) Requirements for fire sprinkler system submissions: (a) Accurate shop drawings of the system; (b) Hydraulic calculations; (c) water supply graph; (d) Product specification sheets and (e) State of Indiana construction design release (where required by the Fire Prevention and Building Safety Commission).

(2) Requirements for fire alarm system submissions:

(a) Accurate shop drawings of the system; (b) Battery calculations; (c) Product specifications; and (d) State of Indiana construction design release (where required by the Fire Prevention and Building Safety Commission).

(3) Kitchen rangehood fire suppression system submissions:

362 (a) Hood listing and installation documentation; (b) Schematic of the fire suppression system installation and protected equipment; (c) Product specification sheets of the nozzles, tanks, piping, agent, and other related items; and (d) State of Indiana construction design release (where required by the Fire Prevention and Building Safety Commission).

(C) The fee for each fire protection system permit issued pursuant to this article shall be as determined by the Town Council.

(D) The Code Official shall review the system plans and process the application within 30 days of receiving a completed permit application. An acceptance test of the system shall be conducted prior to occupancy of the building or use of the protected areas.

(E) A permit issued pursuant to this article shall not be transferable, and any change in use or occupancy prior to the acceptable test shall require a new permit.

(F) When the Code Official rejects or refuses to grant a permit required by this article, or when it is claimed that provisions of this article or any other provision of this article relating thereto do not apply. the person may appeal from the decision in writing as set forth in § 7-72 of this article.

(G) Each permit granted under the provisions of this article shall be valid for one year from the date issued.

(H) A permit issued pursuant to this article shall at all times be posted in a conspicuous place on the premises designated in the permit and shall at a11 times be subject to inspection by the Code Official.

(I) The installing company shall:

(I) Use installers that are qualified individuals;

(2) Notify the Fire Prevention Division at least 48 hours in advance of the system being completed for system testing; and

(3) File with the Fire Prevention Division on the prescribed form stating that the system has been installed in accordance with approved plans and has been tested in accordance with the manufacturer ' s specifications and the appropriate installation standard.

363 (J) If during the initial acceptance test, deficiencies are discovered that require the system be tested at a later date to ensure code compliance, a reinspection fee as determined by the Town Council shall be paid prior to each reinspection. (Ord. 2005-43, passed 5-25-06)

§ 7-74 FIRE DEPARTMENT CONNECTION REQUIREMENTS.

(A) There are special requirements in the town with regards to Fire Department connections that are specific to the response area. These requirements are designated to standardize the location of all Fire Department connections in an effect to make it safer for firefighting crews when confronted with a building fire. (B) As permitted by 675 IAC 22-2.3 Section 903.3.7, the Fire Department shall be consulted prior to placing the Fire Department hose connections at a specific location.

(C) Fire Department connections shall be installed where required by and in accordance with the rules of the Indiana Fire Prevention and Building Safety Commission at the time of installation. In addition, Fire Department connection specifications shall comply with the following:

(1) Fire Department hose connections shall be free standing and remote from the building. Fire Department connections shall be a minimum distance of at least the height of the exterior wall plus ten feet, measured from the base of the wall towards the property line.

(2) All Fire Department sprinkler system connections hereafter installed shall be provided with an approved locking five-inch Storz-type connection.

(3) The Fire Department connection shall be located to the curb cut of the main entrance of the project site or building it serves. The connection shall be arranged to face the street, driveway or fire access route. This location shall be placed in an area that will not interfere with access to the building when hoses are laid from the closest fire hydrant to the Fire Department connection.

(4) The Storz connection shall be arranged so that the connection is between 30 and 36 inches above the finished grade, sidewalk or pit box top or lid at the location of the connection

(5) The Fire Department hose connection shall be located not more than 150 feet from the nearest fire hydrant.

364

(6) Where the Fire Department connection is subject to vehicular damage, the connection shall be protected as follows:

(a) Protective posts shall be three inches in diameter or schedule 40 or better steel posts set in 36 inches of concrete. The inside of the post shall also be filled with concrete. (b) Posts shall be located no closer than 36 inches from the Fire Department connection and shall not interfere with the operation of the Storz connection. (c) Posts shall extend above ground to a height at least equal to the top of the fire department hose connection. (d) All protective posts shall be painted red.

(7) The exposed exterior piping for the Fire Department connection shall be painted red. The Storz connection shall not be painted.

(E) The Fire Department shall be contacted prior to installing any Fire Department connection. Plans indicating proposed Fire Department connection locations shall be submitted to the Fire Prevention Division for review and approval.

(F) Deviation from any of the above requirements is subject to prior approval by the Fire Marshal. (Ord. 2005-43, passed 5-25-06)

§ 7-75 FIRE ALARM REQUIREMENTS.

This section shall cover installation and maintenance of all manual and automatic fire alarm systems in new and existing buildings. (Ord. 2005-43, passed 5-25-06)

§ 7-76 MONITORING OF FIRE SYSTEMS.

Fire alarm systems required by 675 IAC 13, 675 IAC 22 or this article installed after the effective date of this article shall be monitored as set forth in accordance with the rules of the Fire Prevention and Building Safety Commission. (Ord. 2005-43, passed 5-25-06)

§ 7-77 NOTIFICATION OF FIRE ALARM ACTIVATION

The Fire Department's Emergency Communications Center shall immediately be notified upon activation of any fire alarm, except in the case of a supervised fire drill

365 or periodic testing of system, installed after the effective date of this article by telephone. (Ord. 2005-43, passed 5-35-06)

§ 7-78 FAULTY ALARMS. Whenever a Fire Department responds to an automatic fire alarm at a premise or building more than three times in a calendar year due to improper alarm installation, lack of maintenance, servicing, or failure to notify the Fire Department of a drill or test, a service charge as determined by the Town Council shall be imposed. (Ord. 2005-43, passed 5-25-06)

§ 7-79 REMOTE FIRE ALARM ANNUNICATOR PANELS.

When a fire alarm is required by 675 IAC 22 to be installed, a zoning panel and associated controls shall be provided at the entrance the Fire Department will use as their main entrance point to the building. (Ord. 2005-43, passed 5-25-06)

§ 7-80 REQUIRED WATER SUPPLY FOR FIRE PROTECTION.

(A) All Class 1 structures or portions of Class 1 structures hereafter constructed shall be provided with a water supply capable of providing the required fire flow for fire-fighting purposes for a minimum period of two hours. The water supply shall be from a source accepted by the rules of the Indiana Fire Prevention and Building Safety Commission.

(B) In setting the requirements for fire flow, the Code Official shall use Appendix B, Fire-Flow Requirements for Buildings of the 2000 International Fire Code. The resulting fire flow shall not be less than 1,000 gym at 20 psi residual pressure. (Ord. 2005-43, passed 5-25-06)

§ 7-81 FIRE HYDRANTS.

(A) When determining the number and location of fire hydrants necessary to provide the required fire flow, the Code Official shall use Appendix C, Fire Hydrant Locations and Distribution of the 200 International Fire Code.

(B) All private fire hydrants and water mains shall be installed and maintained as set forth in the 2002 edition ofN.F.PA. 24.

(C) The proposed location of private fire hydrants to supply the required fire flow shall be approved by the Fire Marshal prior to construction of any Class 1 building.

366

(D) Whenever the provisions of this article require the installation of a fire hydrant, whether on public or private property, such hydrant shall meet the following specifications:

(1) It shall be equipped with a five-and-one-quarter-inch main valve opening;

(2) It shall be constructed with 2 two-and-one-half-inch hose nozzles, with seven- and-one-half national standards threads per inch;

(3) It shall be equipped with I four-and-one-half-inch steamer nozzle with six "v" threads per inch;

(4) It shall be constructed to be opened by turning clockwise a national standard pentagon operating nut;

(5) The source of water supply shall be buried a minimum of five feet below the ground level at the hydrant; and

(6) The hydrant shall be constructed with a break-off feature to prevent the hydrant from leaking when damaged by collision.

(E) Nonfunctional hydrants shall be made functional or removed.

Only approved hydrant wrenches shall be used to open or close a fire hydrant. (Ord. 2005-43, passed 5-25-06)

§ 7-82 MARKING OF FIRE PROTECTION EQUIPMENT AND FIRE HYDRANTS.

(A) Fire-protection equipment and fire hydrants shall be clearly identified in a manner approved by the Fire Department to prevent obstruction by parking and other obstructions.

(B) All privately owned fire hydrants shall be marked with a white reflective strip one- inch in width placed around the hydrant immediately above the hose connections.

(C) All privately owned fire hydrants shall be painted red. (Ord. 2005-43, passed 5-25-06)

§ 7-83 FIRE APPARATUS ACCESS ROADS. (A) (1) Where required. Fire apparatus access roads shall be provided and maintained for every facility, building, or portion of a building hereafter constructed or moved into within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend within 150 feet of all portions of the

367 facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility.

(2) Exception. Buildings protected throughout by a supervised automatic fire sprinkler system and not used for high-piled combustible storage in excess of 12,000 square feet.

{B) Gates. The Code Official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including public streets, alleys, or highways.

(C) Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with this article, and an unobstructed vertical clearance of not less than 13 feet six inches.

(D) Increase width. Vertical clearances or widths required by this section shall be increased when vertical clearance or widths do not provide fire apparatus access for the largest vehicle available to the servicing Fire Department.

(E) Surface. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an all-weather driving surface capable of supporting the imposed load of the heaviest piece of fire apparatus available to the servicing Fire Department.

(F) Turning radius. The turning radius of a fire apparatus access road shall be determined after consultation of the servicing Fire Department and shall be at least equal to the minimum required radius for the fire apparatus. Such roads shall be designed and constructed to permit turning of the longest piece of fire apparatus available to the servicing Fire Department.

(G) Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus.

(H) Grade. The gradient for all fire apparatus access roads shall not exceed the maximum that the apparatus available to the servicing Fire Department can accommodate.

(I) Marking. Fire apparatus access roads not including public streets, alleys or highways, shall be identified by signs or notices which shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

(J) Signs. Fire apparatus access roads shall be marked with permanent NO PARKING- FIRE LANE signs complying with Figure DI 03.6 of Appendix D of the 2000 International Fire Code Signs shall have a minimum dimension of 12 inches wide by 18

368 inches high and have red letters on a white reflective background. (Ord. 2005-43, passed 5-25-06)

§ 7-84 EMERGENCY ACCESS.

(A) In accordance with the rules of the Indiana Fire Prevention and Building Safety Commission, buildings protected with an automatic sprinkler system equipped with a local or transmitted water-flow alarm, or buildings provided with any fire alarm system equipped with an outside audible/visual signaling device, or a building provided with a fire alarm system where the alarm is transmitted to an off-site location, or to the Fire Department , shall participate in the Fire Department's emergency key box program.

{B) The building owner shall provide at least one key capable of opening all protected areas of the building for the emergency key box. The owner shall be responsible for insuring that updated keys are provided to the Fire Department as necessary.

(C) It shall be unlawful for a person to make or cause or permit to be made or have in his or her possession any key for any emergency key box, except upon the written order of the Fire Chief, or to fail or refuse to surrender possession Of any such key upon demand of the Fire Chief.

(D) The emergency key box shall be installed on the building no more than four feet to the right of the main building entrance approximately four feet above grade or as determined by the Code Official.

(E) The Fire Marshal is authorized to require multiple emergency key boxes when large buildings or special situations require ready access. In situations where more than five keys will be stored in the emergency key box, an emergency key vault shall be installed on the building. (F) All gates or similar barriers across a fire apparatus access road shall be provided with an approved lock or electronic key access. (Ord. 2005-43, passed 5-25-06)

§ 7-85 SMOKE AND HEAT REMOVAL EQUIPMENT.

(A) When smoke and heat removal equipment are required in buildings thereafter constructed, they shall be installed as set forth in the 675 IAC 22 and 675 IAC 13.

(B) Prior to the installation of any mechanical smoke exhaust system, the Fire Marshal shall be consulted to determine the fire control panel design and location. (Ord. 2005-43, passed 5-25-06)

369 § 7-86 FIRE PROTECTION IN RECREATIONAL VEHICLE MOBILE HOME AND MANUFACTURED HOUSING PARKS, SALE AND STORAGE LOTS.

Recreational vehicle, mobile home and manufactured housing parks, sales l ot s and storage lots, hereafter constructed or added to, shall provide and maintain fire hydrants and access roads in accordance with 675 IAC 22. (Ord. 2005-43, passed 5-25-06)

§ 7-87 DWELLINGS - SMOKE DETECTOR REQUIREMENTS.

(A) A smoke detector shall be defined for the purposes of this section as a device, which detects visible or invisible products of combustion.

(B) Each smoke detector shall detect abnormal qualities of smoke that can occur in a dwelling, shall properly operate in the normal environmental conditions of a household, and shall be in compliance with ANSI/UL 268-standards for safety smoke detectors for fire protective signaling systems, or ANSI/UL 217-standard for safety single and multiple station Smoke detectors.

(C) All dwelling units within the town shall be equipped with a minimum of one functional, properly located, labeled and listed smoke detector as described in the edition of NFPA 72 currently adopted by the Indiana Fire Prevention and Building Safety Commission. Smoke detectors shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms and on each additional story of the family living u n i t , i n c l u d i n g basements and excluding crawl spaces and unfurnished attics. Family living units with one or more split-levels where there is an intervening door between one level and the adjacent lower level, a smoke detector shall be installed on the lower level. In new construction, a smoke detector shall also be installed in each sleeping room; where more than one smoke detector is required, detectors shall be arranged so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound.

(D) All equipment shall be installed in accordance with the manufacturer's installation requirements and recommendations. If the method of installation is not specified by the manufacturer, the smoke detector shall be installed on the ceiling at least four inches from the wall or on a wall with the top of the detector not less than four inches nor more than 12 inches below the ceiling. Smoke detectors in rooms with ceiling slopes greater than one-foot in eight feet horizontally shall be located at the high side of the room.

(E) Smoke detectors required by 675 IAC 13 or 675 [AC 14 shall have power supply as specified by the respective code. All smoke detectors shall be powered by an AC power source and be equipped with battery back-up.

(F) It shall be unlawful for any person to tamper with or remove any smoke detector except when it is necessary for maintenance or inspection purposes. Any smoke detector removed for repair, replacement or local remodeling shall be reinstalled or replaced

370 immediately after such work so that it is in place and operable.

(1) Renter-occupied dwelling units. Each owner or manager or rental agent of the owner is responsible for the installation of required smoke detectors and the repair or replacement of a required smoke detector within two business days after the owner, manager or rental agent is given written notification of the need to repair or replace the smoke detector. The owner, manager or rental agent shall inspect and test the smoke detectors in accordance with manufacturer's instructions at least monthly.

(2) Owner-occupied dwelling units. Each owner is responsible for the installation of required smoke detectors and the repair or replacement of a required smoke detector within two business days of finding it inoperable.

(G) A person, company, or corporation violating I.C. 22-11-18-3, LC. 22-11-18-3-5 or provisions of this article shall be subject to penalties as specified in I.C. 22-11-18-5 and this article. Each day such violation is permitted to continue may be deemed to constitute a separate offense, provided however the aggregate penalty for any violation shall not exceed $2,500. (Ord. 2005-43, passed 5-25-06) § 7-88 MEANS OF EGRESS ILLUMINATION AND SIGNS.

(A) Means of egress illumination shall be provided and maintained in accordance with the 676 IAC 13. Means of egress shall be illuminated and exit signs shall be maintained in accordance with 675 IAC 22 when the building or structure is occupied.

(B) Equipment providing emergency power for means of egress illumination and exit signs shall be maintained in an operable condition. (Ord. 2005-43, passed 5-25-06)

§ 7-89 EXIT DOOR, STAIRWAY AND ELEVATOR SIGNS.

(A) Exit doors shall be readily distinguishable from adjacent construction and shall be easily recognizable as an exit door. Exit doors shall be set forth in 675 IAC 13.

(B) Stairway identification signs shall be located at each floor level in all buildings as set forth in 675 IAC 13.

(C) Instructions for operation of elevators under fire and other emergency conditions shall be as set forth in the Indiana Elevator Safety Code (675 IAC 21). (Ord. 2005-43, passed 5-25-06)

371 § 7-90 OBSTRUCTION OF THE MEANS OF EGRESS.

(A) Obstructions, including storage, shall not be placed in the required width of a means of egress, except projections as allowed by the 675 IAC 22. Mean of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. (B) Any member of a Police or Fire Department who shall discover any fire escape or means of egress encumbered or obstructed in any manner shall immediately report such condition to the Fire Prevention Division.

(C) The Code Official shall immediately notify the owner or occupant to remove such encumbrance or obstacle form the means of egress. Failure to comply with such order may result in fines, written orders, or emergency orders to forbid occupancy as described in this article. (Ord. 2005-43, passed 5-25-06)

§ 7-91 HALLOWEEN AMUSEMENT PERMIT.

(A) As used in this section, Halloween amusement means haunted house, house of horrors, or any other activity in which persons are invited, guided, escorted, or otherwise transported through a building or structure or portion of a building or structure, temporary or permanent, for the purposes of entertainment or amusement during the month of October.

(B) No person shall operate a Halloween amusement without first obtaining a permit from the Fire Prevention Division.

(C) An application for a Halloween amusement permit shall be obtained from the Fire Prevention Division and shall contain the following information.

(1) The name of the organization sponsoring the Halloween amusement;

(2) The name of person(s) in charge of the Halloween amusement operations; and

(3) The period of time (dates and hours) during the Halloween amusement will be operated.

(D) The fee for each permit issued pursuant to this article shall determined by the Town Council.

(E) The Code Official shall inspect the building or structure and the Halloween amusement as often as may be reasonably necessary for compliance with applicable fire and life safety requirements for its intended occupancy.

(F) Such inspections shall occur at the start of construction of the Halloween amusement,

372 at permit issuance and during the permit period.

(G) A Halloween amusement permit shall be issued only after the Fire Prevention Division has had an opportunity to inspect the subject premises, and has found that the building or structure and amusement conforms with all applicable fire and life safety requirements as set forth in 675 IAC 13 and this article.

(H) A permit issued pursuant to this article shall not be transferable, and any change in use or occupancy of premises shall require a new permit.

(I) If the Code Official rejects or refuses to grant a permit required by this article, or when it is claimed that provisions of this article or any other provision of this article relating thereto do not apply, the person may appeal from the decision in writing as set forth in this code.

(J) Each permit granted under the provisions of this article shall be for such period as indicated on the permit and permit application; however, any such permit shall expire on November 1 of the year in which it is issued.

(K) A permit issued pursuant to this article shall at all times be posted in a conspicuous place on the premises designated in the permit and shall at all times be subject to inspection by the Fire Prevention Division. (Ord. 2005-43, passed 5-25-06)

§ 7-92 UNDERGROUND STORAGE TANKS; NOTIFICATION.

Any person who supervises, manages, or directs the installation, retrofitting, removal or closure of underground storage tanks shall notify the Fire Prevention Division 14 days prior to commencement of work; however, this requirement shall not apply in emergency repair work where 14-day notification is not possible. (Ord. 2005-43, passed 5-25-06)

§ 7-93 INDOOR PYROTECHNICS DISPLAYS.

In accordance with LC. 22-11-14.5, the indoor display of pyrotechnics is not permitted in the town. (Ord. 2005-43, passed 5-25-06)

373

Section

7-100 Adoption by reference

§ 7-100 ADOPTION BY REFERNCE.

The Subdivision Control Ordinance, adopted by the Town of Avon pursuant to its authority under the laws of the State of Indiana, I.C. 36-7-4 et seq., is hereby adopted by reference, the same as if set out in full herein. (Ord. 2011-16, passed 11-17-11; Am. Ord. 2016-25, passed 6-23-16}

374 CHAPTER 8: TRAFFIC AND PARKING REGULATIONS Article 1. GENERAL PROVISIONS

2. SPEED LIMITS APPENDIX: SPECIFIC SPEED LIMITS

3. TRAFFIC-CONTROL DEVICES APPENDIX: STREET LIGHT SIGNALS

4. TURNING MOVEMENTS

5. ONE-WAY STREETS AND ALLEYS APPENDIX: ONE-WAY STREETS AND ALLEYS

6. STANDING, STOPPING AND PARKIN REGULATIONS

7. LOADING ZONES

8. STOP DESIGNATIONS APPENDIX: STOP STREETS

9. TRUCK REGULATIONS

10. MISCELLANEOUS TRAFFIC RULES

11. ABANDONED VEHICLES

12. BICYCLE REGULATIONS

13. TRAFFIC CODE PENALTIES

14. REGULATION OF CERTAIN VEHICULAR MOVING VIOLATIONS

375 ARTICLE 1: GENERAL PROVISIONS Section

8-1 Traffic Code 8-2 Definitions

§ 8-1 TRAFFIC CODE.

The provisions codified in this chapter may Be known and cited as the Avon Traffic Code. (’95 Code, § 8-1) (Ord. 95-9, passed 11-30-95)

§ 8-2 DEFINITIONS.

The words and phrases used in the Traffic Code shall have the same meaning and definitions as defined in I.C. 9-13-2-1 et seq. (’95 Code, § 8-2) (Ord. 95-9, passed 11-30-95)

376 ARTICLE 2: SPEED LIMITS

Section

8-6 Local speed limits; authorization 8-7 Speed limits 8-8 School zones Appendix: Specific Speed Limits

§ 8-6 LOCAL SPEED LIMITS; AUTHORIZATION.

The Town, as authorized by state law, may declare and determine from the basis of an engineering and traffic investigation that certain maximum or minimum speed regulations shall be applicable upon specified streets. It shall be prima facie unlawful for any person to drive a vehicle in excess of any speed so declared upon any street when signs are in place giving notice thereof. (’95 Code, § 8-6) (Ord. 95-9), passed 11-30-95) Statutory reference: For provisions concerning the authorization of local authority to adopt local police regulations regarding traffic, see I.C. 9-21-1-2

§ 8-7 SPEED LIMITS.

(A) (1) The maximum speed limit on residential streets within the town is 25 miles per hour.

(2) The maximum speed limit within a designated school zone is 25 miles per hour.

(3) The maximum speed limit on any alley within the town is 15 miles per hour. (4) The maximum speed in a work zone within the town is ten miles per hour less than the normal speed for the alley, street or road.

(B) The areas, streets, highways or portions of streets or highways in the appendix to this article have been subject to traffic engineering studies pursuant to statute and have the maximum speed limits established and listed. (’95 Code, § 8-7) (Ord 95-9, passed 11-30-95; Am. Ord. 97-32, passed - -97; Am. Ord. 98-46, passed 12-16-98) Penalty, see § 8-158 Cross-reference: Restrictions on motorized bicycles, see § 8-67

377 §8-8 SCHOOL ZONES.

(A) All portions of any highway, street, or alley contiguous to any educational institution, regardless of whether it is public or private, shall be school zones for the purpose of the application of the speed limits established for such zones. Unless signage indicates the zone to be shorter, school zones shall also extend 800 feet along the highway, street or alley in each direction from the edge of the property of the educational institution.

(B) No person shall drive a motor vehicle on any highway, street or alley within a school zone established pursuant to division (A) at a speed greater than 25 miles per hour.

(C) Where no special hazard exists, the speed prescribed in division (B) shall be lawful, but any speed in excess of that limit shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful.

(D) The speed restriction established in division (B) is in school zones and shall be in force from 7:30 a.m. to 4:30 p.m. on all days on which the schools are in operation, except as stated in division (F), provided than any school zone speed limit established on a state highway shall apply only when children are present.

(E) The town shall post signs indicating the existence of such school zones and their points of commencement and of termination.

(F) The Town Council, based upon engineering and traffic surveys, may by regulation with respect to specific school zones change the hours specified in division (D) during which the speed restriction applies and increase or decrease the speed limit specified in division (D) but not to lower than 20 miles per hour.

(G) The Indiana Manual on Uniform Traffic Control Devices (IMUTCD) and any other policies, practices and standards developed by the town shall be the criteria used for selection of traffic control devices at each location. (Ord. 2002-09, passed 9-12-02; Am. Ord. 2010-10, passed 9-9-1)

378 APPENDIX: SPECIFIC SPEED LIMITS

The areas, streets, highways or parts therefor listed have the following speed limits. Street Location Speed Limit (mph)

All streets located in a Excluding Avon Heights 25 residential neighborhood

Austin Lakes 25

Avon Heights 20

Avon North, also known as 25 Sycamore Creek

County Road 75 North From County Road 500 East to County 30 Road 100 North

County Road 91 North 30

County Road 100 North From west town limits to east town limits 40 excluding designated school zones

County Road 100 South From west town limits to east town limits 40 excluding designated school and roundabout zones

County Road 150 North 50

County Road 150 South From west town limits to east town limits 30 excluding designated school zones

County Road 200 North From County Road 150 North to County 50 Road 500 East

County Road 200 North From Dan Jones Road to Persimmon 40 Grove Subdivision

County Road 200 South From west town limits to east town limits 40

County Road 200 South From County Road 525 East to west 45 town limits

County Road 300 South North town limits to south town limits 35

379 Street Location Speed Limit (mph) County Road 500 East From south town limits to County Road 40 100 North

County Road 525 East North town limits to south town limits 40

County Road 625 East Within town limits, between County 30 Road 91 North to Barberry Drive

County Road 625 East From County Road 91 North to south 30 town limits

County Road 625 Eat From County Road 150 South to south 35 town limits

County Road 800 East, 40 formally known as Dan Jones Road

County Road 900 East County Road 200 North to north town 50 limits

County Road 900 East County Road 200 North to Stoney 40 Meadow Subdivision

County Road 900 East Eden Gate Subdivision to south town 30 limits

County Road 1000 East County Road 200 North to north town 50 limits

County Road 1050 Eats North of U.S. 36 40

County Road 1050 East Within town limits, from U.S. South to 20 dead end

Dan Jones Road From north town limits to south town 40 limits

Gibbs Road North town limits to south town limits 35

Kingston Street From CR900 E to Dover Street 30

Oak Ben Estates 25

Raceway Road North town limit to south town limit 40

380 Street Location Speed Limit (mph)

Ronald Reagan Parkway North town limits to Corinth Way 50

Ronald Reagan Parkway Corinth Way to U.S. 36 40

Ronald Reagan Parkway U.S. to south town limits 20

Ronald Reagan Parkway North town limits to south town limits 45

Vestal Road From County Road 525 East to County 40 Road 300 South CR 251 S From CR 625 E to cul-de-sac 25

(’95 Code, § 8-1) (Ord. 95-9, passed 11-30-95; Am. Ord. 97-32, passed - -97; Am. Ord. 98-46, passed 12-16-98; Am. Ord. 2000-4, passed 5-25-2000; Am. Ord. 200-7, passed 6-8-2000; Am. Ord. 2001-14, passed 8-9-01; Am. Ord. 2009-06, passed 3-26-09; Am. Ord. 2012-21, passed 10-25-12; Am. Ord. 2014- 02, passed 2-17-14; Am. Ord. 2016-24, passed 6-23-16; Am. Ord 2018-11, passed 5-24-18)

381 ARTICLE 3: TRAFFIC-CONTROL DEVICES Section

Division I: General Provisions

8-20 Authority to install and maintain 8-21 Manual and specifications 8-22 Required for enforcement purposes 8-23 Interference with official signs or signals prohibited 8-24 Deaf and/or Bling Child Warning Policy Appendix: Street light signals Statutory reference: For provisions concerning traffic-control Signals and devices, see I.C. 9-21-3-1 and 9-21-4-1

DIVISION I: GENERAL PROVISIONS

§ 8-20 AUTHORITY TO INSTALL AND MAINTAIN.

The town shall place and maintain traffic-control signs, signals and devices when and as required to regulate, warn or guide traffic. (’95 Code, § 8-20) (Ord. 95-9, passed 11-30-95)

§ 8-21 MANUAL AND SPECIFICATIONS.

All traffic-control signs, signals and devices shall conform to the manual and specifications approved by the Department of Highways. All signs and signals required hereunder for a particular purpose shall, so far as practicable, be uniform as to type and location throughout the town. All traffic-control devices so erected and not inconsistent with the provisions of state law or the traffic code shall be official traffic control devices. (’95 Code, § 8-21) (Ord. 95-9, passed 11-30-95)

§ 8-22 REQUIRED FOR ENFORCEMENT PURPOSES.

No provision of the Traffic Code for which signs are required shall be enforced against an alleged violator if at the time of the alleged violation an official sign is no in proper position and sufficiently legible to be seen by an ordinarily observant person. (’95 Code, § 8-22) (Ord. 95-9, passed 11-30-95)

382

§ 8-23 INTERFERENCE WITH OFFICIAL SIGNS OR SIGNALS PROHIBITED

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. (’95 Code, § 8-23) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-24 DEAF AND/OR BLIND CHILD WARNING SIGNS POLICY

(A) A resident living on a street or road under the jurisdiction of the Town of Avon who wishes to have a Deaf or Blind Child warning sign installed must submit a written request to the Town of Avon Public Works Department. The following criteria apply: (1) The hearing and/or visually-impaired child for whom the sign(s) are to be installed must be under eighteen years of age. (2) Written verification of the child’s hearing problem and/or documentation stating the child is legally blind must be received from a school official or a licensed physician. (B) If the above criterion is met, a sign(s) will be installed at the direction of the Town of Avon Public Works Department. The following guidelines will be followed: (1) The Deaf and Blind Child warning signs shall be placed according to the best practices for installing warning signs. (2) In the case where the child is confirmed to have both a hearing and visual impairment a “Deaf Child” sign will be chosen for installation. (3) The sign placement will be reviewed at least every two years to ensure that the above criterion is still being met. (4) The Town of Avon Public Works Department shall remove the Deaf or Blind Child warning sign(s) when the hearing and/or visually-impaired child becomes eighteen years old or if the impaired child no longer resides at the address for which the signs were placed. (5) The requestor of the sign shall be responsible for notifying the Town of Avon Public Works Department if the child no longer resides at the address for which the signs were placed. These criteria shall be superseded by any and all changes to the Manual of Uniform Traffic Control Devices, which affect the criteria and/or placement of the Deaf/Blind Child warning sign.

383 APPENDIX: STREET LIGHT SIGNALS

The following locations are designated by the town for street light signals.

Intersection CR 200 N. / Ronald Reagan Pkwy. CR 100 S. / Ronald Reagan Pkwy. CR 100 N. / Ronald Reagan Pkwy. CR 150 S. / Dan Jones Rd. CR 150 S. / Maria Ln. Lowes Rd. / Dan Jones Rd. SR 267 / CR 100 N. SR 267 / CR 100 S. SR 267 / CR 150 S. (Ord. 2009-06, passed 3-26-09; Am. Ord. 2014-02, passed 2-27-14)

384 ARTICLE 4: TURNING MOVEMENTS Section

8-45 U-turns

§ 8-45 U-TURNS.

No driver of any vehicle shall make a U-turn at the designated intersection. (’95 Code, § 8-45) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158 Statutory reference: For provisions concerning U-turns on freeways and interstate highways, see I.C. 9-21-8-19

385 ARTICLE 4: ONE-WAY STREETS AND ALLEYS Section

8-55 Authority to post signs 8-56 Movement in indicated direction only Appendix: One-way streets and alleys

§ 8-55 AUTHORITY TO POST SIGNS.

Whenever the town designates any one-way street or alley, signs shall be placed or maintained giving notice thereof. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (’95 Code, § 8-55) (Ord. 95-9, passed 11-30-95)

§ 8-56 MOVEMENT IN INDICATED DIRECTION ONLY.

Whenever one-way signs are posted, vehicles shall move only in the indicated direction of travel. (’95 Code, § 8-56) (Ord. 95-9, passed 11-30-95)

386 APPENDIX: ONE-WAY STREETS AND ALLEYS

The following locations are designated by the town as one-way streets and alleys. Street Location Direction

Westover Road From south limits of West Edge Trail to Westover South Road / Overbrook Lane

(Ord. 2012-21, passed 10-25-12)

387 ARTICLE 6: STANDING, STOPPING AND PARKING REGULATIONS Section

8-65 Parallel parking method designed 8-66 Angle parking restricted 8-67 No parking; snow removal, street sweeping and the like 8-68 Prohibited and limited parking during certain hours 8-69 Parking prohibited 8-70 Parking in spaces designated for persons with a physical disability or for disabled veterans 8-71 Prohibited parking areas designated 8-72 Parking on street and in alleys 8-73 Presumption in reference to illegal parking 8-74 Standing or parkin vehicles for certain purposes prohibited 8-75 Parking of trailers 8-76 Reserved 8-77 Reserved 8-78 Reserved 8-79 Parking on sidewalks or grassy areas

§ 8-65 PARALLEL PARKING METHOD DESIGNED.

No person shall stand or park a vehicle on a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels within 12 inches of the curb or the edge of the roadway. (’95 Code, § 8-65) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-66 ANGLE PARKING RESTRICTED.

Angle parking within the town is prohibited except on the streets and places where parking is allowed by signs or by appropriate markings giving notice thereof. (’95 Code, § 8-66) (Ord. 95-9, passed 11-30-95)

§ 8-67 NO PARKING; SNOW REMOVAL, STREET SWEEPING AND THE LIKE.

(A) The town, by its Town Manager, Police Chief or Public Works Manager, or their designees, may post temporary “No Parking” signs, which state the reason therefor, along any street on which it is

388 necessary to carry out snow removal, street sweeping or street maintenance, or any other action or circumstance which requires the streets to be clear of parked vehicles.

(B) For all scheduled street sweeping, street maintenance or other actions requiring the posting of “No Parking” signs, the sign shall be posted prior to 4:00 p.m. of the day preceding the day on which parkin is prohibited. In all other circumstances, the signs shall be posted as early as practical, and in no event shall the signs be posted later than 8:30 a.m. on the day of the restrictions. The signs shall be sufficient in number and location to be visible to an ordinarily observant person, to notify the public of the location and duration of the temporary no parking zones.

(C) No person shall park any vehicle along a street between the hours designated on a sign posted pursuant to this section. Any vehicle which is illegally parked between prohibited hours may be impounded. The owner of a vehicle impounded under this section may recover possession of his or her vehicle by paying storage, towing and other costs incurred in connection with the impoundment. (’94 Code, § 8-67) (Ord. 95-9, passed 11-30-95; Am. Ord. 2003-24, passed 7-10-03) Penalty, see § 8- 158

§ 8-68 PROHIBITED AND LIMITED PARKING DURING CERTAIN HOURS.

When signs are erected in each block giving notice thereof, no person shall park a vehicle beyond the time allowed by the signs between the hours of 8 a.m. and 6 p.m., of any day, except Sundays and legal holidays. (’95 Code, § 8-68) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-69 PARKING PROHIBITED.

(A) Parking on the road or in the right-of-way in the designated in division (B) is prohibited.

(B) In addition to the other parking restrictions contained in this article, the following areas are designated as no parking, in which parkin on the road or in the right-of-way is prohibited:

(1) Galen Drive North

(2) Galen Drive West;

(3) Productions Drive:

(4) Vista Parkway;

(5) Both sides of Broyles Road between its intersection with county Road 575 East and its terminus to the East; and

(6) The east side of county Road 575 East between its intersection with U.S. Highway 36 and its intersection with Broyles Road.

389

(7) Both sides of Kingston Street between County road 900 East and Dover Street.

(C) Violation of this section shall be subject the operator of the vehicle to the penalties set forth in § 2-17. (’95 Code, § 8-69) (Ord. 95-9, passed 11-30-95; Am. Ord. 97-18, passed 3-27-97; Am. Ord. 2006-22, passed 9-28-06; Am. Ord 2016-24, passed 6-23-16) Penalty, see § 8-158

§ 8-70 PARKING IN SPACES DESIGNATED FOR PERSONS WITH A PHYSICAL DISABILITY OR FOR DISABLED VETERANS.

(A) Designation of parking spaces. Under federal, state and local law, certain parking spaces in the streets of the town and on private property in the town are required to be designated for use by persons with a physical disability or disabled veterans.

(B) No placard or plate. No person shall park a motor vehicle which does not have displayed a placard of a person with a physical disability or a disabled veteran, issued under I.C. 9-14-5, or under the laws of another state, or a registered plate of a person with a physical disability or a disabled veteran, issued under I.C. 9-18-18 or I.C. 9-18-22, or under the laws of another state, in a parking spaced reserved under I.C. 5-16-9 for a person with a physical disability.

(C) Unlawful placard. No person shall knowingly park a motor vehicle in a parking space reserved for a person with a physical disability while displaying a placard to which neither the person nor the person’s passenger is entitled.

(D) Unauthorized placard or plate. No person shall display for use in a parking space reserved for a person with a physical disability a placard or special registration plate that was not issued under I.C. 9- 14-5, 9-18-18 or I.C. 9-18-22, or under the laws of another state.

(E) No person with physical disability or disabled veteran transported. No person shall park a motor vehicle in space reserved for a person with a physical disability while displaying a placard or special registration plate entitling the person to park in a parking space reserved for a person with a physical disability if that person is not, at that time, in the process of transporting a person with a physical disability or disabled veteran.

(F) Fine. Any person who violates divisions (B), (C), (D), or (E) shall be subject to a fine in the amount of $100 for each offense. (’95 Code, § 8-70) (ord. 95-9, passed 11-30-95; Am. Ord. 2013-12, passed 9-12-13) Penalty, see § 8-158

§ 8-71 PROHIBITED PARKING AREAS DESIGNATED.

(A) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic, or in compliance with law, or the directions of a police officer or traffic control device, in any of the following places:

390 (1) On a sidewalk;

(2) In front of a public or private driveway, or in a position as to block any driveway entrance;

(3) Within an intersection;

(4) Within 15 feet of a fire hydrant;

(5) On a crosswalk;

(6) Within 20 feet of a crosswalk at an intersection.

(7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;

(8) 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 a different length has been indicated by signs or markings;

(9) Within 50 feet of the nearest rail of a railroad crossing;

(10) Within 20 feet of fire station and on the side of a street opposite the entrance to any fire station within 74 feet of the entrance;

(11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

(12) On the roadway side of any vehicle stopped or parked at the edge of or curb of a street;

(13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(14) At any place where an official sign prohibits parking, stopping or standing; or

(15) Within 50 feet of the center of the gate of any industrial plant.

(B) No person shall move a vehicle no lawfully under his control into any prohibited area or away from a curb a distance as is unlawful. (’95 Code, § 8-71) (Ord 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-72 PARKING ON STREETS AND IN ALLEYS.

No person shall park a vehicle upon a street or within an alley in a manner or under the conditions as to leave available less than ten feet of space for vehicular travel. (’95 Code, § 8-72) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

391

§ 8-73 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.

In any prosecution charging a violation of any law or regulation governing the parkin or standing of a vehicle, proof that the particular vehicle described in the notice to appear was parked in violation of any law or regulation, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner was the person who parked the vehicle at the time and p lace and for the time during which the violation occurred. (’95 Code, § 8-73) (Ord. 95-9, passed 11-30-95)

§ 8-74 STANDING OR PARKING VEHICLES FOR CERTAIN PURPOSES PROHIBITED.

(A) (1) No person shall stand or park a vehicle upon any roadway, sidewalk or parkway for the principal purpose of:

(a) Greasing or changing oil;

(b) Repairing or installing devices on the vehicles, except repairs necessitated by an emergency; or

(c) Selling merchandise therefrom unless authorized by proper licenses.

(2) Violation of this division (A) shall be subject to the penalties set forth in § 8-158 of this chapter.

(B) (1) No owner of commercial or industrial property shall stand or park upon such property a vehicle, or knowingly permit another person to park a vehicle on such property, for the primary purpose of displaying the vehicle for sale Neither shall any person stand or park a vehicle for the primary purpose of displaying it for sale upon any roadway, sidewalk or parkway or in any area that has not been zoned and approved by the Avon Plan Commission for such use. No owner of residential property shall stand or park upon such property a vehicle now owned by the property owner, or knowingly permit another person to park a vehicle not owner by said property owner, for the primary purpose of displaying it for sale. Nothing in this section shall be construed as preventing an owner of residential property from parkin and displaying for sale his or her own vehicle on his or her property.

(2) Violation of this division (B) shall subject the owner of the property on which the vehicle is displayed and/or the owner of the vehicle that is displayed to the penalties set forth in Chapter 2, Article 3, § 2-17 of the Avon Town Code. (’95 Code, § 8-45) (Ord. 95-9, passed 11-30-95; Am. Ord. 2003-42, passed 12-11-03) Penalty, see § 2- 17

§ 8-75 PARKING OF TRAILERS.

392

(A) General prohibition. Except as provided for in division (B) of this section, it is unlawful for any person to park, store or permit to be parked or stored any automobile trailer, boat trailer, house trailer, semi-tractor trailer, utility trailer or other trailer on any street or alley.

(B) Exceptions. The general prohibition contained in division (A) of this section shall not apply to or prohibit any of the following:

(1) Parkin of trailers on streets or alleys from 8:00 a.m. to 9:00 p.m. by persons providing goods or services to the owners or occupant of a residence or business adjacent to the street or alley;

(2) Parkin of trailers on streets or alleys from 8:00 a.m. to 9:00 p.m. by owns or occupants or their agents, when moving into or out of a residence or business, so long as such parking does not exceed three days; and

(3) Parking of trailers on streets or alleys for a period of not more than one hour per day for the purpose of loading or unloading property by the owner or occupant of a residence or business.

(C) Special rules for allowed trailer parking. All trailer parking allowed by this section shall be subject to the following limitations:

(1) No parking of trailers is allowed on a sidewalk;

(2) No parking of trailers is allowed in front of a public or private driveway or entrance;

(3) No parkin of trailers is allowed within:

(a) Fifty feet of an intersection;

(b) Fifteen feet of a fire hydrant;

(c) Twenty feet of a crosswalk;

(d) Thirty feet of a sign, signal or other traffic control device;

(e) Fifty feet of the nearest rail of a railroad crossing;

(f) Twenty feet of a fire station; and

(g) At any place where an official sign prohibits parking, stopping or standing. (’95 Code, § 8-75) (Ord. 95-9, passed 11-30-95; Am. Ord. 2010-11, passed 2-10-11) Penalty, see § 8- 158

§ 8-76 RESERVED.

393 § 8-77 RESERVED.

§ 8-78 RESERVED.

§ 8-79 PARKING ON SIDEWALKS OR GRASSY AREAS.

No person shall park, operate or drive any motor or animal-drawn vehicle upon, along or over any sidewalk or public grassy areas, except in crossing the same at driveways, or at other places where so required to enter any premises. (’95 Code, § 8-79) (ord. 95-9, passed 11-30-95) Penalty, see § 8-158

394 ARTICLE 7: LOADING ZONES

Section

8-90 Stopping in bus loading zones 8-91 Bus to drive to curb to load and unload

§ 8-90 STOPPING IN BUS LOADING ZONES.

Certain areas and portions of streets and highways shall be known as bus loading zones. When areas are properly marked and posted, no person shall stop, stand or park a vehicle for any purpose or for any period of time in a bus loading zone, other than for the expeditious loading or unloading of passengers. (’95 Code, § 8-90) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-91 BUS TO DRIVE TO CURB TO LOAD AND UNLOAD.

The driver of any bus when stopping to load or unload passengers at any place within the town shall, before stopping, drive the bus as close as practicable to the right-hand curb or edge of the street or roadway on which he is proceeding. (’95 Code, § 8-91) (Ord. 95-9, passed 11-30-95)

395 ARTICLE 8: STOP DESIGNATIONS

Section

8-98 Through streets 8-99 Stop signs 8-100 Four-way stop signs 8-100-1 Three-way stop signs 8-101 Stop when traffic obstructed 8-102 Through streets designated 8-103 Stop signs designated Appendix: Stop Streets

§ 8-98 THROUGH STREETS.

(A) Whenever the town designates a through street, a stop sign shall be placed and maintained on each and every street intersecting the through street unless otherwise provided by the Traffic Code.

(B) Through streets shall have the right-of-way over all other streets, except intersecting through streets, in which case the right-of-way at the intersection is governed by traffic signals or stop signs under the Traffic code.

(C) The town shall maintain a current list of all through streets designated by the town. The list shall be open for public inspection during regular business hours. (’95 Code, § 8-98) (Ord. 95-9, passed 11-39-95)

§ 8-99 STOP SIGNS.

When stop signs are erected upon streets intersecting a through street at the entrances thereto, every driver of a vehicle shall stop at the sign or at a clearly marked stop line before entering the intersection. (’95 Code, § 8-99) (Ord. 95-9, passed 11-30-95)

§ 8-100 FOUR-WAY STOP SIGNS.

(A) When stop signs are erected upon all four streets at any intersection, every vehicle shall stop at every sign or at a clearly marked stop line before entering the intersection the first vehicle reaching an intersection shall, after stopping, have the right-of-way to proceed.

(B) The following intersections are designated four-way stops:

(1) Harvest Ridge Drive and Plantation Lane; and

(2) Nicole Boulevard and Portside Drive. (’95 Code, § 8-100) (Ord. 95-9, passed 11-30-95; Am. Ord. 99-7, passed 3-25-99)

396

§ 8-100-1 THREE-WAY STOP SIGNS.

The intersection of Cobblesprings Drive and Springwood Drive is a designated Three-way stop. (Ord. 9907, passed 3-25-99)

§ 8-101 STOP WHEN TRAFFIC OBSTRUCTED.

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. (’95 Code, § 8-101) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-102 THROUGH STREETS DESIGNATED.

The following are designated as through streets in the town.

(A) Juliet, for its entire length.

(B) Romeo, for its entire length. (’95 code, § 8-102) (Ord 95-9, passed 11-30-95)

§ 8-103 STOP SIGNS DESIGNATED.

In addition to stop signs provided for through streets, the locations listed and described in the appendix to this article are designated by the town as stop sign locations. (’95 Code, § 8-103) (Ord. 95-9, passed 11-30-95; Am. Ord. 97-21, passed 4-10-97; Am. Ord. 97-45, passed 10-17-97; Am Ord. 99-7, passed 3-25-99)

397 APPENDIX: STOP STREETS

The following locations are designated by the town as stop streets. Street Location Direction(s) Alderson Way Intersection with Gable Dr., northeast corner West Alderson Way Intersection with Gordon Dr., northeast corner West Avon Crossing Drive Intersection with Cobblesprings Dr., northeast corner West Avon Crossing Drive Intersection with Merchant Dr., southeast corner North Avon Marketplace Intersection with Unnamed St. (Goddard), southwest East corner Beechwood Centre Intersection with Beechwood Dr., southeast corner North Road Beechwood Centre Intersection with Huron Dr., southeast corner North Road Castle Court Intersection with Princess Lane South CR 75 North Intersection with CR 500 E., northeast corner West CR 100 North Intersection with CR 91 N., southeast corner North CR 100 North Intersection with CR 500 E. southeast corner North CR 100 North Intersection with CR 1050 E., northwest corner South CR 100 South Intersection with CR 1050 E., southeast corner North CR 100 South Intersection with CR 1050 E., northwest corner South CR 200 North Intersection with CR 500 E., northwest corner South CR 200 North Intersection with CR 1000 E., northwest corner South CR 200 South Intersection with Dan Jones Rd., northeast corner West CR 475 East Intersection with CR 150 N., southwest corner West CR 475 East Intersection with CR 150 N., northeast corner East CR 525 East Intersection with CR 200 S., northwest corner South CR 575 East Intersection with Broyles Rd., northwest corner South CR 625 East Intersection with CR 91 N., southeast corner North

398 Street Location Direction(s) CR 900 East Intersection with Angelina Way, northeast corner West CR 900 East Intersection with Kingston St., southwest corner East Dan Jones Road Intersection with Avon Crossing Dr., southwest East corner Dan Jones Road Intersection with Avon Crossing Dr., northeast corner West Dan Jones Road Intersection with Weston Ave., northeast corner West Galen Drive North Intersection with Galen Dr. W., northwest corner South Gibbs Road Intersection with CR 200 S., southeast corner North Gibbs Road Intersection with CR 475 E., southeast corner North Juliet Street Intersection with Caesar Street Both Juliet Street Intersection County Road 625 East West Juliet Street Intersection with Horatio Street Both Juliet Street Intersection with Keeler Both Kingston Drive Intersection with Weston Ave., southeast corner North Kingston Drive Intersection with Weston Ave., northwest corner South Kingston Street Intersection with Avon marketplace, southwest corner East Kingston Street Intersection with Casco Dr., northwest corner South Kingston Street Intersection with Dover Dr., southwest corner East London Lane Intersection with Princess Lane North London Lane Intersection with Royal Lane South Loretta Court Intersection with Princess Lane Northeast Princess Lane Intersection with Royal Lane Southeast Princess Lane Intersection with London lane East and west Princess Lane Intersection with Castle Court West Princess lane Intersection with Indiana 267 East Princess Lane Intersection with Loretta Court West Romeo Street Intersection of County Road 625 Eat West

399 Street Location Direction(s) Romeo Street Intersection with Horatio Street Both Romeo Street Intersection with Ophelia Street Both Romeo Street Intersection with Macbeth Street Both Ronald Reagan Intersection with Private Rd. (Menard’s), northeast West Parkway corner Ronald Reagan Intersection with Private Rd. (Menard’s), southeast North Parkway corner Ronald Reagan Intersection with Private Rd. (Target), southwest East Parkway corner Royal Lane Intersection with Princess Lane Northeast Shiloh Park Drive Intersection with Shiloh Professional Dr., northeast West corner Shiloh Park Drive Intersection with Shiloh Professional Dr., southwest East corner SR 267 Intersection with Cr 25 S., northeast corner West SR 267 Intersection with Galen Dr. W., northeast corner West SR 267 Intersection with Williams Ct., northeast corner West U.S. 36 Intersection with Avon Marketplace, southeast corner North U.S. 36 Intersection with Casco Dr., southeast corner North U.S. 36 Intersection with Cobblesprings Dr., northwest corner South U.S. 36 Intersection with CR 575 E., southeast corner North U.S. 36 Intersection with CR 671 E., northwest corner South U.S. 36 Intersection with Dover Dr, southeast corner North U.S. 36 Intersection with Galen Dr. N., southwest corner North U.S. 36 Intersection with Galen Dr. N., southeast corner North U.S. 36 Intersection with Gordon Dr., southeast corner North U.S. 36 Intersection with Huron Dr., northwest corner South U.S. 36 Intersection with Kingston St., southeast corner North

400 Street Location Direction(s) U.S. 36 Intersection with Merchant Dr., northwest corner South U.S. 36 Intersection with Vista Pkwy., southeast corner North U.S. 36 Intersection with CR 571 E., northwest corner South Weston Drive Intersection with Dover Dr., southwest corner East Austin Lakes Subdivision Anchor Lane Intersection with Inland Dr., northeast corner West Austin Drive Intersection with Bayshore Ln., southwest corner East Austin Drive Intersection with Portside Dr., southwest corner East Austin Drive Intersection with Inland Dr., northeast corner West Austin Drive Intersection with Hyannis Dr., northwest corner South Inland Drive Intersection with Seabreeze Cir., northwest corner South Inland Drive Intersection with Inland Cir., northeast corner West Nicole Boulevard Intersection with Crestview Cir., northeast corner West Nicole Boulevard Intersection with Nicole Ct., northeast corner West Nicole Boulevard Intersection with Austin Dr., northwest corner South Nicole Boulevard Intersection with Austin Dr., northeast corner West Nicole Boulevard Intersection with Austin Dr., southeast corner North Nicole Boulevard Intersection with Austin Ct., southwest corner East Nicole Boulevard Intersection with Portside Dr., northwest corner South Nicole Boulevard Intersection with Portside Dr., northeast corner West Nicole Boulevard Intersection with Portside Dr., southwest corner East Nicole Boulevard Intersection with Portside Dr., southeast corner North Nicole Boulevard Intersection with Bayshore Ln., northeast corner West Portside Drive Intersection with Watercrest Way, southeast corner North Portside Drive Intersection with Windward Cir., southeast corner North

401 Street Location Direction(s) Seabreeze Circle Intersection with Skippers Ct., northeast corner West U.S. 36 Intersection with Nicole Boulevard, northwest corner South Avon Heights Subdivision Avon Parkway Intersections with Maple Dr., southwest corner East Avon Parkway Intersection with Avondale Dr., southwest corner East Avo Parkway Intersection with Sycamore Dr., southwest corner East Hurst Drive Intersection with Avon Parkway, southeast corner North SR 267 Intersection with Venable Dr., northeast corner West SR 267 Intersection with Maple Dr., northeast corner West U.S. 36 Intersection with Hurst Dr., northwest corner South Venable Drive Intersection with Maple Dr., southeast corner North Venable Drive Intersection with Avon Parkway, northeast corner West Avon Woods Subdivision Queensway Drive Intersection with Kings Ct., southwest corner East U.S. 36 Intersection with Queensway Dr., southeast corner North Beechwood Farms Subdivision Beechwood Farms Intersection with Jennifer Ct., northwest corner South Drive Beechwood Farms Intersection with Jessica St., northeast corner West Drive Beechwood Farms Intersection with Jessica Ln., southwest corner North Drive Dan Jones Road Intersection with Beechwood Farms Dr., southwest East corner Mapleton at Wynne Farms Kilborn Way/ Southeast Corner North Crookhaven Dr Kilborn Way Crookhaven Dr/ Southwest Corner Southeast Kilborn Way bound Crookhaven Dr.

402

Limerick Ln/ Northwest Corner Southbound Crookhaven Dr Limerick Ln Eden Gate Angelina Way / Dylan Southwest Corner Northbound Dr Angelina Way Dylan Dr/ Angelina Northeast Corner Westbound way Dylan Dr Galen Drive Galen Dr N. / Galen Northwest Corner Southbound Dr. W. Galen Dr N. The Settlement Arailia Dr / Foxglove Southwest Corner Eastbound Dr Arailia Dr Buttonbush Dr/ Northeast Corner Westbound Foxglove Dr Buttonbush Dr Buttonbush Ct/ Southwest Corner Southbound Buttonbush Dr Buttonbush Ct Buttonbush Ct/ Southeast Corner Southbound Buttonbush Dr Buttonbush Ct Regency Estates N. Foudray Cir / Southeast Corner Eastbound Regency Blvd N. Foudray Cir

403 N. Foudray Cir / Northwest Corner Westbound Regency Blvd N. Foudray Ct Thames Dr. / Regency All Corners All Blvd Directions Regency Blvd / Northwest Corner Southbound Foudray Cir Regency Blvd Heathermor Brookhaven Ln / Northeast Corner Westbound Lingerman Ct Brookhaven Ln Brookhaven Ln / Silver Southeast Corner Eastbound Rose Dr Brookhaven Ln Persimmon Grove Raspberry Dr / CR Southwest Corner Eastbound 1050 E Raspberry Dr Raspberry Dr / Northeast Corner Westbound Elderberry Dr Raspberry Dr Regency Preserve Carlton Blvd / Cayley Southeast Corner Northbound Ct Carlton Blvd Carlton Blvd / Cayley Northwest Corner Southbound Ct Carlton Blvd

404 Cayley Ct / Carlton Northeast Corner Westbound Blvd Cayley Ct Carlton Blvd / Drury All Corners All Dr Directions

405 Street Location Direction(s) Cedar Bend Subdivision Cedar Bend Court Intersection with Scarlet Oak Dr., southwest corner East Cedar Bend Way Intersection with Scarlet Oak Dr., northwest, southeast North, corners South Cedar Bend Way Intersection with Ash Ct., southeast corner North Cedar Bend Way Intersection with Cedar Bend Ct., northeast corner West Cedar Bend Way Intersection with County Road 625 E., southwest East corner Cobblestone Springs Subdivision Autumn Springs Dr. Intersection with Winterwood Dr., southwest corner East Autumn Springs Dr. Intersection with Winterwood Dr., northeast corner West Autumn Springs Dr. Intersection with Winterwood Dr., southeast corner North Cobblesprings Drive Intersection with Autumn Springs Dr., northwest South corner Cobblesprings Drive Intersection with Cobblesprings Ct., southeast corner North Cobblesprings Drive Intersection with Red Sunset Way, northwest corner South Cobblesprings Drive Intersection with Red Sunset Way, northeast corner West Cobblesprings Drive Intersection with Red Sunset Way, southeast corner North Cobblesprings Drive Intersection with Springwood Dr., northwest corner South Cobblesprings Drive Intersection with Springwood Dr., northeast corner West Cobblesprings Drive Intersection with Springwood Dr., southeast corner North Cobblesprings Drive Intersection with Winterwood Dr., northwest corner South Cobblesprings Drive Northwest corner South (Entrance) Cobblesprings Drive Southeast corner North (Entrance) Dan Jones Road Intersection with Cobblesprings Dr., southwest corner East Red Sunset Way Intersection with Springwood Dr., northwest South

406 Street Location Direction(s) Red Sunset Way Intersection with Springwood Dr., northeast corner West Red Sunset Way Intersection with Springwood Dr., southwest corner East Springwood Drive Intersection with Thornberry Ct., northeast corner West Winterwood Drive Intersection with Buckthorn Ct., northeast corner East Eden Gate Subdivision County Road 900 E. Intersection with Dylan Dr., northeast corner West Dylan Drive Intersection with Angelina Way, southeast corner North Enclave at Winton Meadows Subdivision Bearcub Lane Intersection with Bletchley Park, northeast corner West Bearcub Lane Intersection with Lyon Dr., southwest corner East Bearub Lane Intersection with Vyners Dr., southeast corner North Cumbria Drive Intersection with Salthill Dr., northwest corner East Cumbria Drive Intersection with Dorset Dr., northwest corner South Denver Drive Intersection with Dorset Dr., northwest corner South Denver Drive Intersection with Sussex Dr., northwest corner South Denver Drive Intersection with Bearcub Ln., southwest corner East Vyners Lane Intersection with Dunshire Dr., northwest corner South Vyners Lane Intersection with Winchester Blvd., northeast corner West Winchester Blvd. Intersection with County Road 200 N., southeast North corner Winchester Blvd. Intersection with Cumbria Dr., southeast corner North Winchester Blvd. Intersection with Dorset Dr., southwest corner East Winchester Blvd. Intersection with Sussex Dr., northwest corner South Glenfield Subdivision Collingwood Drive Intersection with County Road 200 S., northwest South corner Collingwood Drive Intersection with Crumwell Dr., southwest corner East

407 Street Location Direction(s) Collingwood Drive Intersection with Melbourne Ln., southwest corner East Collingwood Drive Intersection with Tasman Dr., northwest corner South Collingwood Drive Intersection with Tasman Dr., southwest corner East Collingwood Drive Intersection with Tasman Dr., southeast corner North County Road 200 W. Intersection with GlenField Dr., southwest corner South Crumwell Drive Intersection with Westport Dr., northeast corner West Glenfield Drive Intersection with S. Melbourne Ln., northeast corner North Sydney Lane Intersection with Auckland St., northwest corner South Tasman Drive Intersection with Westport Dr., northeast corner West Groves of Beechwood Farms Abundance Lane Colin Dr., Southeast corner North Basswood Drive Beechwood Centre Rd., southwest corner East Beechwood Centre Chestnut Dr., all corners All Road directions Beechwood Centre Colin Dr, northeast corner North Road Chestnut Drive Erin Dr., northwest corner South Chestnut Drive Driftwood Dr., southwest corner East Colin Drive Beechwood Centre Rd., Northeast Corner West Colin Drive Chestnut Dr., northwest, northeast, southwest corners South, West, East Colin Drive Driftwood Dr., northwest, northeast, southeast West, corners North, South Driftwood Drive Erin Dr., Southeast corner North Jessica Lane Black Walnut Dr. (West), Northwest corner South Jessica Lane Black Walnut Dr. (East), Northwest corner South

408 Street Location Direction(s) Jessica Lane Black Walnut Dr. (East), Northeast corner West Jessica Lane Black Walnut Dr. (East), Southwest corner East Jessica Lane Chestnut Dr., Southeast corner North Jessica Lane Chestnut Dr., all corners All directions Harvest Ridge Subdivision Abundance Lane Intersection with Caldwell Ln., southeast corner North Caldwell Lane Intersection with Noel Circle, southwest corner East County Road 100 N. Intersection with Harvest Ridge Dr., southeast corner North Harvest Ridge Drive Intersection with Apple Cross circle, southwest corner Eat Harvest Ridge Drive Intersection with Autumn Ct., southwest corner East Harvest Ridge Drive Intersection with Harvest Ridge Circle, northeast West corner Harvest Ridge Drive Intersection with Plantation Ln. (North, northwest South corner Harvest Ridge Drive Intersection with Plantation Ln (North), southwest East corner Harvest Ridge Drive Intersection with Raintree Dr. (North), northeast corner West Harvest Ridge Drive Intersection with Raintree Dr. (North), southeast corner North Harvest Ridge Drive Intersection with Plantation Ln. (South), northwest South corner Harvest Ridge Drive Intersection with Plantation Ln. (South), southwest East corner Harvest Ridge Drive Intersection with Abundance Ln., northeast corner West Harvest Ridge Drive Intersection with Abundance Ln., southeast corner North Harvest Ridge Drive Intersection with Jubilee Ln. (North), southwest corner East

409 Street Location Direction(s) Harvest Ridge Drive Intersection with Caldwell Ln., northeast corner West Harvest Ridge Drive Intersection with Jubilee Ln. (South) northwest corner South Plantation Lane Intersection with Hohlier Ln., southeast corner North Raintree Drive Intersection with Park Place Blvd., southeast corner North Raintree Drive Intersection with Welch Cir., northeast corner West Raintree Drive Intersection with Abundance Ln., northeast corner West Raintree Drive Intersection with Abundance Ln., southwest corner East Raintree Drive Intersection with Vintage Cir., southeast corner North Heathermor Subdivision Autumn Faith Way Intersection with County Road 200 N., northwest South corner Autumn Faith Way Intersection with Wisdoms Ct., southwest corner East Autumn Faith Way Intersection with McGregors Ct., northeast corner West Autumn Faith Way Intersection with McGregors Dr., southwest corner East Autumn Faith Way Intersection with Sandi Dr., southwest corner North County Road 200 N. Intersection with Heathermor Dr., northwest corner South Frosty Rose Drive Intersection with Silver Rose Dr., northeast corner West Heathermor Drive Intersection with Harlekin St., northeast corner West Heathermor Drive Intersection with Silver Rose Dr., northwest corner South McGregor Drive Intersection with Autumn Faith Way, southwest, South, northwest corners North Mcgregor Drive Intersection with Nathan Ct., southwest corner East McGregors Drive Intersection with Nathan Ct., southwest corner East McGregors Drive Intersection with Sandi Dr., northeast corner West

410 Street Location Direction(s) Sandi Drive Intersection with McGregor Dr., southeast corner West Silver Rose Drive Intersection with Talilsker Dr., northeast corner West Talisker Drive Intersection with Talisker Ct., southeast corner North Talisker Drive Intersection with Autumn Faith Way, southwest East corner Wisdoms Court Intersection with Autumn Faith Way, southwest East corner Wisdoms Court Intersection with Frosty Rose Dr., southwest corner East Hickory Mill Subdivision Buhrstone Lane Intersection with Penstock Ct., Southeast Corner North Buhrstone Lane Intersection with Wilmot Ln., Northwest Corner South Buhrstone Lane Intersection with Wilmot Ln, Northeast Corner West SR 267 Intersection with Buhrstone Ln., Southwest Corner East Wilmot Lane Intersection with Buhrstone Ln., Northeast Corner West Wilmot Lane Intersection with Buhrstone Ln., Northwest Corner South Wilmot Lane Intersection with Buhrstone Ln., Southwest Corner East Wilmot Lane Intersection with Thornwood Ln., Northwest Corner South Wilmot Lane Intersection with Thornwood Ln., Northeast Corner West Wilmot Lane Intersection with Thornwood Ln., Southwest Corner East Hollowbrook Subdivision Brookway Drive Intersection with Carmelita Ct., southwest corner East Brookway Drive Intersection with Christopher Dr., northwest corner South Brookway Drive Intersection with Christopher Dr., northeast corner West Brookway Drive Intersection with Christopher Dr., southwest corner East Brookway Drive Intersection with Christopher Dr., southeast corner North Brookway Drive Intersection with Creek Way (North), southeast corner East Brookway Drive Intersection with Creek Way (South), northwest corner South

411 Street Location Direction(s) Brookway Drive Intersection with Creek Way (South), southwest East corner Brookway Drive Intersection with Creek Way (South), southeast corner North Brookway Drive Intersection with David Ct., southwest corner East County Road 100 S. Intersection with Brookway Dr., southeast corner North Hollowbrook West Subdivision Clarks Creek Court Intersection with Brookside Ct., northwest corner South Dan Jones Road Intersection with Clarks Creek Ct., northeast corner West Ian’s Pointe Subdivision Bearcub Lane Intersection with Kolven Dr., northwest corner South Falkirk Drive Intersection with Locke Bend, northwest corner South Kinross Drive Intersection with Westcliffe Dr., southwest corner East Kolven Drive Intersection with Snead Circle, southeast corner North Locke Bend Intersection with Locke Circle, southwest corner East Northcliffe Drive Intersection with Jones Circle, northeast corner West Northcliffe Drive Intersection with Nagle Circle, northeast corner West Northcliffe Drive Intersection with Shute Circle, southwest corner East Northcliffe Drive Intersection with Falkirk Dr., southeast corner North Lexington Woods Subdivision Balmorial Drive Intersection with Unnamed St., southwest corner East Charleston Way Intersection with Turfway Ct., southwest corner East County Road 100 S. Intersection with Lexington Woods Dr., southeast North corner County 100 S. Intersection with Kelsneland Dr., southeast corner South Kelsneland Drive Intersection with Belmont Dr., northeast corner West Kelsneland Drive Intersection with Preakness Dr., southwest corner East Kelsneland Drive Intersection with Preakness Dr., northeast corner West

412 Street Location Direction(s) Labrot Lane Intersection with Charleston Ct., southwest corner East Labrot Lane Intersection with Labrot Ct., northeast corner West Lexington Woods Dr. Intersection with Balmorial Dr., northwest corner South Lexington Woods Dr. Intersection with Belmont Dt., southwest corner East Lexington Woods Dr. Intersection with Turfway Dr., northeast corner West Preakness Drive Intersection with Balmorial Dr., northwest corner South Turfway Drive Intersection with Rosecroft Dr., northeast corner West Turfway Drive Intersection with Balmorial Dr., southwest corner East Mapletown at Wynne Farms Subdivision Ballyganner Drive Intersection with Crookhaven Dr., northeast corner West Ballyganner Drive Intersection with Galway Cir., northwest corner South Eskerban Drive Intersection with Ballyganner Dr., southeast corner North Eserban Drive Intersection with Kilkenny Dr., southeast corner North Eskerban Drive Intersection with Salthill Dr., northeast corner West Dan Jones Road Intersection with Eskerban Dr., northeast corner West Kilkenny Drive Intersection with Dublin Dr., northwest corner South Kilkenny Drive Intersection with Kilborn Way, northwest corner South Kilborn Way Intersection with Dan Jones Rd., northeast corner West Oak Bend Subdivision Bur Oak Court Intersection with Timber Climb, southwest corner East County Road 100 N. Intersection with Red Oak Dr., northwest corner South Kingsway Drive Intersection with Laurel Oak Dr., northwest corner South Kingsway Drive Intersection with Laurel Oak Dr., northeast corner West Kingsway Drive Intersection with Laurel Oak Dr., southeast corner North Kingsway Drive Intersection with Willow Oak Ct., southwest corner East

413 Street Location Direction(s) Laurel Oak Drive Intersection with Kingsway Dr., southeast corner North Laurel Oak Drive Intersection with White Oak Dr., northeast corner West Red Oak Drive Intersection with Bur Oak Ct., southeast corner North Red Oak Drive Intersection with Chinquapin Dr., northwest corner South Red Oak Drive Intersection with Laurel Oak Dr., southwest corner East Red Oak Drive Intersection with Timber Climb, northeast corner West Timber Climb Intersection with Pin Oaks Circle, northeast corner West White Oak Drive Intersection with Black Oak Ct. E., northeast corner West White Oak Drive Intersection with Black Oak Ct. E., northwest corner South White Oak Drive Intersection with Black Oak Ct. W., southeast corner North White Oak Drive Intersection with Black Oak Ct. W., southwest corner East White Oak Drive Intersection with SR 267, southwest corner East Oriole Point Subdivision Dan Jones Road Intersection with Oriole Point Dr., northeast corner West Dartmouth Lane Intersection with Auckland St., southeast corner North Dartmouth Lane Intersection with Rosewood Dr., northwest corner South Rosewood Drive Intersection with Lomas Pass, southwest corner East Rosewood Drive Intersection with Oakley Ln., southwest corner East Rosewood Drive Intersection with Oriole Point Dr., southwest corner East Stanford Drive Intersection with Lomas Pass, northeast corner West Stanford Drive Intersection with Oakley Ln., northeast corner West Stanford Drive Intersection with Oriole Point Dr., northwest corner South Stanford Drive Intersection with Oriole Point Dr., northeast corner West Stanford Drive Intersection with Oriole Point Dr., southwest corner East

414 Street Location Direction(s) Stanford Drive Intersection with Oriole Point Dr., southeast corner North Stonelick Drive Intersection with Elsen Ridge, northeast corner West Park Place Subdivision Glendale Drive Intersection with Glensford Dr. (East), northeast corner West Glendale Drive Intersection with Glensford Dr. (West), northwest South corner Glensford Drive Intersection with Meadow Glen Dr., southeast corner East Glensford Drive Intersection with Meadow Glen Dr., southeast corner North Meadow Glen Drive Intersection with Tassel Ct., northwest corner South Meadow Glen Drive Intersection with Tassel Ct., southwest corner East Meadow Glen Drive Intersection with Tassel Ct., southeast corner North Park Place Boulevard Intersection with U.S. 36, northwest corner South Park Place Boulevard Intersection with Eyebrow (south), southwest corner East Park Place Boulevard Intersection with Eyebrow (North), southwest corner East Park Place Boulevard Intersection with Park Place Ct., southwest corner East Park Place Boulevard Intersection with Woodside Dr. (North), southwest East corner Park Place Boulevard Intersection with Grandview Cr. (North), northeast West corner Park Place Boulevard Intersection with Woodside Dr. (South), southwest East corner Park Place Boulevard Intersection with Grandview Dr. (South), northeast West corner Park Place Boulevard Intersection with Glendale Dr., northwest corner South Park Place Boulevard Intersection with Glendale Dr., northeast corner West Park Place Boulevard Intersection with Glendale Dr., southwest corner East Park Place Boulevard Intersection with Glendale Dr., southeast corner North Park Place Boulevard Intersection with Glensford Dr., southwest corner East

415 Street Location Direction(s) Park Place Boulevard Intersection with Glensford Dr., northeast corner West Tassel Court Intersection with Glenwood Ct., northwest corner South Persimmon Grove Subdivision County Road 200 N. Intersection with Persimmon Grove Dr., southeast North corner County Road 1050 E. Intersection with Raspberry Dr., southwest corner East Elderberry Drive Intersection with Honeylocust Dr., southeast corner North Elderberry Drive Intersection with Redbay Dr., southeast corner North Persimmon Grove Intersection with Elderberry Dr., southeast corner West Drive Persimmon Grove Intersection with Silverberry Dr., northeast corner East Drive Persimmon Grove Intersection with Silverberry Dr., southeast corner North Drive Persimmon Grove Intersection with Silverberry Dr., southwest corner East Drive Persimmon Grove Intersection with Silverberry Dr., northwest corner South Drive Persimmon Grove Intersection with Honeylocust Dr., northeast corner West Drive Redbay Drive Intersection with Serviceberry Dr., northwest corner South Pines of Avon Subdivision County Road 100 S. Intersection with Austrian Way, northwest corner South Austrian Way Intersection with White Bark Ct., southwest corner East Austrian Way Intersection with Ponderosas Ct., northeast corner West

416 Street Location Direction(s) Austrian Way Intersection with Gold Coin Dr., southwest corner East Austrian Way Intersection with Corsican Cir., northwest corner South Austrian Way Intersection with Monterey Cir., southeast corner North Monterey Circle Intersection with Foxtail Cir., southwest corner East Monterey Circle Intersection with Foxtail Cir., northeast corner West Foxtail Circle Intersection with Gold Coin Dr., northeast corner West Foxtail Circle Intersection with Gold Coin., southeast corner North Gold Coin Drive Intersection with Stone Ln., northwest corner South Stone Lane Intersection with Doone Valley Ct., southwest corner East Stone Lane Intersection with Monterey Cir., southeast corner North Corsican Circle Intersection with Balfour Ct., northwest corner South Corsican Circle Intersection with Torrey Ct., northeast corner West Pines West Subdivision County Road 100 S. Intersection with Weeping Way Ln., northeast corner South Weeping Way Lane Intersection with Sugar Pine Ct., northeast corner West Weeping Way Lane Intersection with Lace Bark Ct., northeast corner West Weeping Way lane Intersection with Jack Pine Ct., northeast corner West Weeping Way Lane Intersection with Shortleaf Dr., northeast corner West Weeping Way Lane Intersection with Shortleaf Dr., northwest corner South Weeping Way Lane Intersection with Shortleaf Dr., southwest corner East Weeping Way Lane Intersection with Shortleaf Dr., southeast corner North Weeping Way Lane Intersection with Monterey Cir., northwest corner South Weeping Way Lane Intersection with Monterey Cir., northeast corner West

417 Street Location Direction(s) Weeping Way Lane Intersection with Monterey Cir., southwest corner East Weeping Way Lane Intersection with Monterey Cir., southeast corner North Pine Tree Estates Subdivision County Road 100 S. Intersection with Sequoia Trail, southeast corner North Sequoia Trail Intersection with Juniper Ln., southeast corner North Sequoia Trail Intersection with Juniper Ln., northeast corner West Sequoia Trail Intersection with Juniper Ln., northwest corner South Sequoia Trail Intersection with White Pine Dr., northwest corner South Tamarack Place Intersection with Dan Jones Rd., southwest corner East White Pine Drive Intersection with Juniper Ln., southwest corner East White Pine Drive Intersection with Tamarack Pl., northwest corner South Preserve of Avon Commons Boulevard Intersection with Dan Jones Road, northeast corner West Commons Boulevard Intersection with West Edge Trail, northwest corner South Commons Boulevard Intersection with West Edge Trail, southeast corner North Commons Boulevard Intersection with West Edge Trail, southwest corner East Westover Road Intersection with South Edge Trail, northwest corner South Westover Road Intersection with South Edge Trail, northeast corner West Reserve at Shiloh Creek Subdivision County Road 100 N. Intersection with Jacks Way N., southeast corner North County Road 1050 E. Intersection with Jacks Way, northeast corner West Jacks Way N. Intersection with Justine Cir. E., northeast corner West

418 Street Location Direction(s) Justine Circle W. Intersection with Jacks Way, northwest corner South The Settlement Subdivision Arailia Drive Intersection with Seneca Ln., southeast corner North Avens Lane Intersection with Twinleaf Dr., southwest corner East Bluestem Lane Intersection with Rattlebox Dr., northeast corner West Bluewood Way Intersection with Twinleaf Dr., southwest corner East Bluewood Way Intersection with Township Line Rd., northwest corner South Buttonbrush Drive Intersection of Buttonbrush Circle, northeast corner West (north end) Buttonbrush Drive Intersection of Buttonbrush Circle, northeast corner West (south end) Buttonbrush Drive Intersection of Foxglove Dr., southwest corner East Catchfly Drive Intersection with Bluestem Ln., southwest corner East Chelone Drive Intersection with Twinleaf Dr., southeast corner North County Road 200 S. Intersection with Foxglove Dr., southeast corner North Foxglove Drive Intersection with Arailia Dr., southwest corner East Foxglove Drive Intersection with Buttonbrush Dr., northeast corner West Foxglove Drive Intersection with Vlarian Dr., southeast corner North Foxtail Drive Intersection with Liatris Dr., southeast corner North Foxtrail Drive Intersection with Monarda Dr., northeast corner West Foxtail Drive Intersection with Monarda Dr., southwest corner East Liatris Drive Intersection with County Rd. 200 S., northeast corner North Liatris Drive Intersection with Foxtail Dr., southwest corner East

419 Street Location Direction(s) Liatris Drive Intersection with Monarda Dr., southwest corner East Liatris Drive Intersection with Solidago Dr., northwest, southeast North, corners South Liatris Drive Twinleaf Dr., southeast corner North Monarda Drive Intersection with Solidago Dr., northwest corner South Monarda Drive Intersection with Twinleaf Dr., northwest corner South Monarda Drive Intersection with Verbena Dr., northwest corner South Twinleaf Drive Intersection with Solidago Dr., northwest corner South Twinleaf Drive Intersection with Bluewood Way, southwest corner East Valarian Drive Intersection with Cassia Dr., southwest corner East Valarian Drive Intersection with Seneca Ln., southwest corner East Verbena Drive Intersection with Avens Ln., northeast corner West Waterleaf Drive Intersection with Catchfly Dr., southeast corner North Waterleaf Drive Intersection with Liatris Dr., southwest corner East Stonemill Subdivision County Road 100 S. Intersection with Millbrook Dr., northeast corner South Millbrook Drive Intersection with Ridgebrook Dr., southwest corner West Millbrook Drive Intersection with Thornmill Dr., northeast corner West Millbrook Drive Intersection with Willowbrook Dr., northeast corner West Millbrook Drive Intersection with Woodfield Cir., northwest corner South Millbrook Drive Intersection with Woodmill Ct., southwest corner East

420 Street Location Direction(s) Stoney Meadow Subdivision County Road 900 E. Intersection with Stoney Meadow Blvd., southwest East corner Stoney Meadow Intersection with Stepping Stone Way, northwest South Boulevard corner Stoney Pointe Way Intersection with Post Cliff Road, southeast corner East Stratford of Avon Subdivision County Road 625 E. Intersection with Romeo Dr., northeast corner West County Road 625 E. Intersection with Juliet Dr., northeast corner West Juliet Drive Intersection with Caesar Ct., northwest corner South Juliet Drive Intersection with Caesar Ct. northeast corner West Juliet Drive Intersection with Caesar Dr., southwest corner East Juliet Drive Intersection with Caesar Dr., southeast corner North Juliet Drive Intersection with Claudius Dr., southeast corner North Juliet Drive Intersection with Hamlet Dr., southeast corner North Juliet Drive Intersection with Horatio Dr., northeast corner West Juliet Drive Intersection with Horatio Dr., southwest corner East Juliet Drive Intersection with Horatio Dr., southeast corner North Juliet Drive Intersection with Keeler Dr., northeast corner West Juliet Drive Intersection with Keeler Dr., southwest corner East Juliet Drive Intersection with Keeler Dr., southeast corner North Juliet Drive Intersection with Macbeth Dr., southeast corner North Juliet Drive Intersection with Ophelia Dr., southeast corner North

421 Street Location Direction(s) Juliet Drive Intersection with Ophelia Ct., northwest corner South Juliet Drive Intersection with Othello Way, southeast corner North Juliet Drive Intersection with Shakespeare Dr., southeast corner North Romeo Drive Intersection with Caesar Dr., northwest corner South Romeo Drive Intersection with Castle Ct., southeast corner North Romeo Drive Intersection with Claudius Dr., northwest corner South Romeo Drive Intersection with Hamlet Dr., northwest corner South Romeo Drive Intersection with Horatio Dr., northwest corner South Romeo Drive Intersection with Horatio Dr., northeast corner West Romeo Drive Intersection with Horatio Dr., southwest corner East Romeo Drive Intersection with Keeler Dr., northwest corner South Romeo Drive Intersection with Macbeth Dr., northwest corner South Romeo Drive Intersection with Macbeth Dr., northeast corner West Romeo Drive Intersection with Macbeth Dr., southwest corner East Romeo Drive Intersection with Ophelia Dr., northwest corner South Romeo Drive Intersection with Ophelia Dr., northeast corner West Romeo Drive Intersection with Ophelia Dr., southwest corner East Romeo Drive Intersection with Ophelia Dr., southeast corner North Romeo Drive Intersection with Othello Way, northwest corner South Romeo Drive Intersection with Shakespeare Dr., northwest corner South SR 267 Intersection with Juliet Dr., southeast corner East Sycamore Creek Subdivision Princess Lane Intersection with Castle Ct., northwest corner South Princess Lane Intersection with Castle Ct., northeast corner West

422 Street Location Direction(s) Princess Lane Intersection with Castle Ct., southeast corner North Princess Lane Northeast corner West (Entrance) Princess Lane Intersection with London Ln., northeast corner West Princess Lane Intersection with London Ln., southwest corner East Princess Lane Intersection with London Ln., southeast corner North Princess Lane Intersection with Loretta Ct., southeast corner North Princess Lane Intersection with Royal Ln., northwest corner South Princess Lane Intersection with Royal Ln., southwest corner East Princess Lane Intersection with Royal Ln., southeast corner North Royal Lane Intersection with London Ln., northwest corner South SR 267 Intersection with Princess Ln., southwest corner East Thornbridge Subdivision Barberry Drive Primrose Ln., northwest corner South County Road 625 E. Barberry Dr., northeast corner West Primrose Lane Intersection with Thistle Bend, southeast corner North Red Rose Lane Intersection with Thistle Bend, southeast corner North Red Rose Lane Intersection with Thornridge Dr., northwest corner South Thornridge Drive Intersection with Primrose Ln., southwest corner East Timber Bend Subdivision Aspen Drive Intersection with Catalpa Dr., northeast corner West Aspen Drive Intersection with Sweet Gum Dr., northwest corner South Catalpa Drive Intersection with Laurel Leaf Ln., southeast corner North Ginger Drive Intersection with County Road 625 E., southeast East corner Ginger Drive Intersection with Water Oak Ct., northeast corner West

423 Street Location Direction(s) Laurel Leaf Lane Intersection with Timber Bend Dr. (N), southeast East corner Laurel Leaf Lane Intersection with White Ash Ct., southwest corner East Laurel Leaf Lane Intersection with Timber Bend Dr. (S), northeast West corner Red Alder Drive Intersection with Scarlet Oak Dr., southwest corner East Scarlet Oak Drive Intersection with Yellow Birch Ct., all corners All directions Timber Bend Drive Intersection with Timber Bend Ct., southwest corner East Water Oak Way Intersection with Sweet Gum Dr., southwest corner East White Alder Court Intersection with Catalpa Dr., all corners All directions White Alder Court Intersection with County Road 625 E., southwest East corner Willow Oak Way Intersection with Live Oak Ct., southeast corner North Willow Oak Way Intersection with Willow Bend Dr., northwest corner South Willow Bend Drive Intersection with Aspen Dr., northeast, southwest North, corners South Yellow Birch Court Intersection with County Road 625 E., southeast East corner Villages of Turner Trace Subdivision Brighton Place Intersection with Cambridge Way, southeast corner North Bristol Place Intersection with Wilshire Way, northeast corner West Bristol Place Intersection with Wilshire Way, southwest corner East Cambridge Way Intersection with Banbury Pl., southeast corner North Cambridge Way Intersection with Bolton Pl., northeast corner West Cambridge Way Intersection with Bolton Pl., southeast corner North Cambridge Way Intersection with Bristol Pl., southeast corner North County Road 150 S. Intersection with Turner Trace Place Blvd., northwest South

424 Street Location Direction(s) Governor’s Row Intersection with Bristol Pl., northwest corner South Governor’s Row Intersection with Bristol Pl., northeast corner West Governor’s Row Intersection with Bristol Pl., southwest corner East Governor’s Row Intersection with Bristol Pl., southeast corner North Governor’s Row Intersection with Gable Green Cir., southwest corner East Lockford Walk North Intersection with Andscott Way, northeast corner West Lockford Walk North Intersection with Andscott Way, southeast corner North Lockford Walk South Intersection with Andscott Way, northwest corner South Lockford Walk South Intersection with Andscott Way, northeast corner West Turner Trace Place Intersection with Lockford Walk S., northeast corner West South Turner Trace Place Intersection with Lockford Walk S., southwest corner East South Turner Trace Place Intersection with Lockford Walk N., southwest corner East South Wilshire Way Intersection with Bolton P., northwest corner South Wilshire Way Intersection with Brighton Pl., southwest corner East Wilshire Way Intersection with Brighton Pl., northwest corner South Wilshire Way Intersection with Bolton Pl., northeast corner West Wilshire Way Intersection with Banbury Pl., northwest corner South Waterford Lakes Subdivision Crystal Court Intersection with Waterford Ln., southeast corner North Dan Jones Road Intersection with Crystal Ct., northeast corner West Dan Jones Road Intersection with Lakeview Ct., northeast corner West Lake Wood Court Intersection with Lakeview Ct., northwest corner South

425 Street Location Direction(s) Waterford Court Intersection with Lakeview Ct., southeast corner North Waterford Lane Intersection with Lakeview Ct., northwest corner South Westover Woods Subdivision Burnett Boulevard Intersection with Overlook Ln., southeast corner North Burnett Boulevard Intersection with Rockview Cir., southeast corner North Burnett Boulevard Intersection with Westover Rd., southwest corner South Burnett Boulevard Intersection with Westover Rd., northwest corner East Burnett Boulevard Intersection with Westover Rd., southeast corner North Dan Jones Road Intersection with Burnett Blvd., northeast corner West Overbrook Lane Intersection with Treeview Cir., southeast corner North Overbrook Lane Intersection with Westover Rd., northeast corner West Whispering Pines Subdivision Arborvitae Court Intersection with Sugar Pin Dr., southeast corner North Whispering Pines Intersection with Longleaf St., northwest corner South Boulevard Whispering Pines Intersection with Fir Ln., northeast corner West Boulevard Fir Lane Intersection with Lacebark Way, southwest corner East Fir Lane Intersection with Sugar Pine Dr., southwest corner East Fir Lane Intersection with Pine Bluff Dr., southeast corner North Pine Bluff Drive Intersection with Sugar Pin Dr., northwest corner South Pine Bluff Drive Intersection with Sugar Pine Dr., southeast corner North Pine Bluff Drive Intersection with Lacebark ay, northeast corner West Pine Bluff Drive Intersection with Vapor Ln., southeast corner North Sugar Pine Drive Intersection with Balsam Fir Pass, northeast corner West

426 Street Location Direction(s) Winton Meadows Subdivision Archbury Drive Intersection with County Road 200 N., southeast North corner Archbury Drive Intersection with Pattype Ln., southwest corner East Archbury Drive Intersection with Benjamin Ln., all corners All directions Archbury Drive Intersection with Ingram Ln., northeast corner West Archbury Intersection with Claverdon Lane, southwest corner East County Road 200 N. Intersection with Winton Drive, southeast corner North Ingram Lane Intersection with Archbury Dr., southwest corner East Ingram Lane Intersection with Archbury Dr., northeast corner West Ingram Lane Intersection with O’Conner Ct., northwest corner South Red Dunes Run Intersection with Redditch Dr., northeast corner West Red Dunes Run Intersection with Bletchley Park, northeast, southwest West, East corners Silverton Drive Intersection with Benjamin Ln., southeast corner North Silverton Drive Intersection with Ingram Ln., northwest corner South Winton Drive Intersection with Pattype Ln., northeast corner West Winton Drive Intersection with Wynnewood Ln., northeast corner South Wynnewood Lane Intersection with Vyners Ln., southeast corner North Woodland Heights Subdivision Merritt Ridge Way Intersection with Maywood Dir., southwest corner Eat Merritt Ridge Way Intersection with Thornwood Ln., northeast corner West

427 Street Location Direction(s) SR 267 Intersection with Woodland Heights Dr., southwest East corner Thornwood Lane Intersection with Woodland Heights Dr., northwest South corner Thornwood Lane Intersection with Woodland Heights Dr., southeast North corner

(’95 Code, 8-103), (Ord. 95-9, passed 11-30-95; Am. Ord. 97-21 passed 4-10-97; Am. Ord. 97-45, passed 10-17-97; Am. Ord. 2009-06, passed 3-26-09; Am. Ord. 2012-21, passed 10-25-12; Am. Ord. 2014-02, passed 2-27-14; Am. Ord. 2015-12, passed 3-12-15; Am. Ord. 2016-24, passed 6-23-16)

428 ARTICLE 9: TRUCK REGULATIONS Section

8-108 Passing other vehicles prohibited 8-109 Parking prohibited in streets; exceptions 8-110 Heavy truck restrictions 8-111 Falling material from trucks damaging vehicles 8-112 Removal of vehicles in violation of parkin regulations 8-113 No overnight parking

§ 8-108 PASSING OTHER VEHICLES PROHIBITED.

It is unlawful for any truck over ¾-ton to pass another moving vehicle on any street in the town. (’95 Code, § 8-108) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-109 PARKING PROHIBITED IN STREETS; EXCEPTION.

No person shall at any time park any truck, tractor or trailer over ¾-ton on any of the streets of the town unless to load or unload the contents thereof. (’95 Code, § 8-109) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-110 HEAVY TRUCK RESTRICTIONS.

(A) No person shall drive, operate or cause to be operated on any streets within the town other than U.S. Highway 36 or State Road 267 or Ronald Reagan Parkway any vehicle used for the transportation of goods or property having a gross vehicle weight, with or without load, greater than five tons. Drivers of such vehicles whose gross weight exceeds five tons may deliver or pick up goods or property at places no located in U.S. Highway 36, State Road 267 or Ronald Reagan Parkway provided such vehicles are operated only by the shortest route possible between such highways and the place of delivery or pick up. Further, the operator of any vehicle whose weight exceeds five tons who enters the town on a street other than U.S. Highway 36, State Road 267 or Ronald Reagan Parkway shall proceed immediately to U.S. Highway 36, State Road 267 or Ronald Reagan Parkway by the shortest route reasonably possible.

(B) A person who violates this section shall be subject to a find of $100 for the first offense and a fine of $200 for any subsequent offense. (’95 Code, § 8-110) (Ord. 95-9, passed 11-30-95; Am. Ord. 2005-23, passed 4-28-05; Am. Ord. 2010- 17, passed 1-27-11) Penalty, see § 8-158

429 § 8-111 FALLING MATERIAL FROM TRUCKS DAMAGING VEHICLES.

No truck shall haul any material that may fall or blow from the truck unless the truck has a fully enclosed cargo body or in the case of a dump-style truck, utilizes a cover over the top of the tuck that is of a material and construction as to keep any material from blowing or falling from the truck. (’95 Code, § 8-111) (Ord. 95-9, passed 11-3-95; Am. Ord. 97-39, passed 7-10-97

§ 8-112 REMOVAL OF VEHICLES IN VIOLATION OF PARKING REGULATIONS.

In addition to any fine(s) provided for in the Town Code for the violation of the regulations contained in this article, if any vehicle is found parked in such a manner as to constitute a violation of this article, then the town shall have the right to remove the vehicle from its location, or have the vehicle removed by others, and have the vehicle impounded. Any costs and expenses incurred as a result of the moving of the vehicle, including towing and storage costs, shall be charged to the owner of the vehicle. If removal of the vehicle results in storage of the vehicle, the vehicle shall not be released from storage until all costs related to such storage have been paid by or on behalf of the owner of the vehicle. (Ord. 2005-24, passed 4-28-05; Am. Ord. 2005-25, passed 4-28-05)

§ 8-113 NO OVERNIGHT PARKING.

(A) No person shall park any truck, tractor or trailer over three-fourths (3/4) of a ton on any parking lot in the town open to the public between the hours of 12:00 midnight and 6:00 a.m. for a period of time longer than one hour, unless such parking is necessary to conduct business at a facility served by such parking lot and is otherwise consistent with the provisions of the Avon Town code. This section shall not be deemed to permit the parkin or standing of any vehicle in contravention of any other provision of this chapter or town code prohibiting, restricting or regulating the parkin or standing of vehicles.

(B) Violation of this section shall subject the operator of the vehicle to the penalties set forth in Chapter 2, Article 3, § 2-17 of the Avon Town Code (Ord. 2006-23, passed 10-12-06)

430 ARTICLE 10: MISCELLANEOUS TRAFFIC RULES Section

8-118 Pedestrians and crosswalks 8-119 Restrictions on backing 8-120 Driving on sidewalks prohibited 8-121 Unlawful riding on vehicles 8-122 Riding horses on sidewalks 8-123 Avoiding traffic control devices by use of private property prohibited

§ 8-118 PEDESTRIANS AND CROSSWALKS.

It is unlawful for pedestrians to cross any roadway in a business district or any designated highway, except in a crosswalk if crosswalks have been marked on the roadways or highways. All crosswalks shall be marked to conform to the uniform system of traffic control devices. (’94 Code, § 8-118) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-119 RESTRICTIONS ON BACKING.

The driver of any vehicle shall no back the vehicle into an intersection or over a crosswalk and shall no at any place back a vehicle against the current of traffic, except to back into a parking space. (’95 Code, § 8-119) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-120 DRIVING ON SIDEWALKS PROHIBITED.

The driver of any vehicle shall no drive over any sidewalk area except at a permanent or temporary driveway. No vehicle shall be driven over or across the curb of any street except as provided in this section. (’95 Code, § 8-120) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-121 UNLAWFUL RIDING ON VEHICLES.

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers; provided, however, that this section shall not apply to an employee the necessary discharge of a duty, or to persons riding within truck bodies. (’95 Code, § 8-121) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-122 RIDING HORSES ON SIDEWALK

It is unlawful for any person to ride a horse upon any sidewalk within the town. (’95 Code, § 8-122) (Ord 95-9, passed 11-30-95) Penalty, see § 8-158

431 § 8-123 AVOIDING TRAFFIC CONTROL DEVICES BY USE OF PRIVATE PROPERTY PROHIBITED.

(A) The driver of any vehicle shall no leave the roadway and travel across private property to avoid an official traffic control device.

(B) A person who violates this section shall be subject to a fine of $100 for each offense. (Ord. 2004-29, passed 1-13-05; Am. ord. 2005-18, passed 4-28-05)

432 ARTICLE 11: ABANDONED VEHICLES Section

8-140 Purpose 8-141 Removal 8-142 Storage 8-143 Immediate impoundment

§ 8-140 PURPOSE.

I.C. 9-22-1-20 and 9-22-1-31 authorizes the town to enact provisions concerning the disposition of abandoned vehicles. For the purposes of this article, the term “abandoned vehicle” shall be defined as set forth by I.D. 9-13-2-1. (’94 Code, § 8-140) (Ord. 95-9, passed 11-30-95)

§ 8-141 REMOVAL.

Whenever any law enforcement officer finds a vehicle to be an abandoned vehicle, he shall attach to it a notice to remove pursuant to I.C. 9-22-1-11. The law enforcement officer is authorized to order the removal of any abandoned vehicle left at any place within the town which has not been removed within the time provided by the above notice. Any vehicle removed pursuant to this chapter may be removed by any law enforcement officer or by a commercial towing firm. The town may enter into contracts with commercial towing firms or with garages for necessary removal and storage services. (’95 Code, § 8-141) (Ord. 95-9, passed 11-30-95)

§ 8-142 STORAGE.

Any vehicle removed pursuant to this chapter shall be impounded until lawfully claimed or disposed of in accordance with the Indiana Code. The impounded vehicle shall be stored at a garage of the town, or in a privately owned garage as designated by the town. Notice of the impoundment shall be given in accordance with I.C. 9-22-1-25. (’95 Code, § 8-142) (Ord. 95-9, passed 11-30-95)

§ 8-143 IMMEDIATE IMPOUNDMENT.

Whenever the presence of a vehicle in a public place constitutes an immediate hazard to the public safety, any law enforcement officer may cause the vehicle to be impounded immediately and within 24 hours shall send notice of the impoundment by certified mail to the owner of the vehicle if known, stating the fact that the vehicle has been impounded, the location thereof and the right of the owner to secure possession of the vehicle upon payment of the fees required. (’95 Code, § 8-143) (Ord. 95-9, passed 11-30-95)

433 ARTICLE 12: BICYCLE REGULATIONS Section

8-150 Reasonable care 8-151 Bicycles to yield to pedestrians

§ 8-150 REASONABLE CARE.

In all situations in which a person is operating bicycles, tricycles, wagons or similar other small devices, operated solely by muscular power, may be operated upon sidewalks and public grassy areas by all persons, at times when and places where pedestrians are no using the portions of public sidewalks or public grassy areas, and when so operated at not over ten miles per hour and with reasonable care to avoid contact with any persons upon and using the sidewalks or public grassy areas. (’95 Code, § 8-150) (ord. 95-9, passed 11-30-95) Penalty, see § 8-158

§ 8-151 BICYCLES TO YIELD TO PEDESTRIANS.

Provided, further, however, that in all when a person is operating a bicycle, tricycle, wagon or other small device, operated solely by muscular power, any pedestrians also using the sidewalks or public grassy area shall have the right-of-way, and the operators of any vehicle operated solely by muscular power shall yield the right-of-way to pedestrians at all times. (’95 Code, § -151) (Ord. 95-9, passed 11-30-95) Penalty, see § 8-158

434 ARTICLE 13: TRAFFIC CODE PENALTIES Section

8-158 Payments of fines and costs

§ 8-158 PAYMENTS OF FINES AND COSTS

Any person violating § 8-75 shall be subject to fine of $100. Any person violating any other provision of Chapter 8 of the Town Code shall be subject to the find provided for in § 1-99. Each day that a violation exists shall be a separate violation, and the violator shall be subject to a fine as provided herein for each day the violation exists. (’95 Code, § 8-158) (Ord. 95-9, passed 11-30-95; Am. Ord. 2010-11, passed 2-10-11)

435 ARTICLE 14: REGULATION OF CERTAIN VEHICULAR MOVING VIOLATIONS

Section

8-163 Roundabouts.

§ 8-163 ROUNDABOUTS.

(A) Definitions.

(1) CIRCULATORY ROADWAY. The portion of a highway within a roundabout that is used by vehicles to travel counterclockwise around a central island. A CIRCULATORY ROADWAY does not have a crosswalk.

(2) OVERTAKE. The action of a person in the outside lane of a roundabout that is behind or no adjacent to a vehicle in the inside lane that causes the person to become adjacent to or in front of the vehicle in the inside lane.

(3) ROUNDABOUT. An intersection characterized by a circulatory roadway, channelized approaches and yield control of entering traffic. A ROUNDABOUT encompasses the area bounded by the outermost curb line or, if there is no curb, the edge of the pavement, and includes crosswalks on any entering or exiting roadway.

(B) Right-of-way at roundabout.

(1) A person who drives a vehicle shall do the following:

(a) Yield the right-of-way to all other vehicles already in the roundabout, even if entering the right lane (or outside lane) of the roundabout;

(b) Upon passing the street prior to the desired exit, a driver shall turn on his or her turn signal to indicate an impending exit; and

(c) Upon approaching any exit within the roundabout, a vehicle within the right lane (or outside lane) of the roundabout shall yield the right-of-way to a vehicle lawfully existing the roundabout from a position ahead and to the left of the person’s vehicle.

(2) A violation of this division shall result in a fine of $170.

(C) Failure to yield right-of-way within roundabout; exception; penalty.

(1) A person commits the offense of failure to yield right-of-way within a roundabout if the person operates a motor vehicle upon a multi-lane circulatory roadway and does not yield the right-of-

436 way to a second vehicle lawfully exiting the roundabout from a position ahead and to the left of the person’s vehicle. A person committing this offense shall be fined $170.

(2) A person commits the offense of failure to yield the right-of-way if the person approaching a roundabout does no yield the right-of-way to all other vehicles already in the roundabout, even if they are entering the right lane (outside lane) of the roundabout. A person committing this offense shall be fined $170.

(D) Failure to use appropriate signal for exit from roundabout, penalty.

(1) A person commits the offense of failure to use an appropriate signal for an exit from a roundabout if the person does not make the appropriate signal by use of signal lamps or hand signals and the person is operating a vehicle that is existing from any position within a roundabout.

(2) A person committing this offense shall be fined $170.

(E) Failure to maintain lane within a roundabout. A person commits the offense of failure to maintain lane within a roundabout if the person changes lanes within the roundabout. A person committing this offense shall be fined $170.

(F) Failure to travel in counter clockwise direction within a roundabout. A person commits the offense of failure to travel in a counter clockwise direction within a roundabout if he person travels in a clockwise direction. A person committing this offense shall be fined $170.

(G) Overtaking vehicles in the inside lane. A person in the outside lane of a roundabout commits an offense if the person overtakes a vehicle traveling on the inside lane of a roundabout. A person committing this offense shall be fined $170.

(H) Outside lane (right lane) usage. A person entering a roundabout in the outside lane (right lane) must turn right at the first exist or continue straight and turn at the second exist. A person committing this offense shall be fined $170.

(I) Inside lane (left lane) usage. A person entering a roundabout on the inside lane (left lane) may not turn right at the first exit unless the person has traveled through the roundabout in a complete circle. A person committing this offense shall be fined $170.

(J) Any person cited for violations of the provisions of § 8-210 is entitled to participate in the Town Ordinance Violation Deferral Program. If the person cited for a violation of § 8-210 successfully completes the roundabout education program and all other terms of the deferral program, then the citation shall be dismissed by the Town Attorney. (Ord. 2009-1, passed 3-26-09; Am. Ord. 2010-01(A), passed 4-8-10)

437

CHAPTER 9: UTILITIES

Article

l. GENERAL PROVISIONS

2. WATER SERVICE

3. DEPARTMENT OF STORMWATER MANAGEMENT

438 ARTICLE 1: GENERAL PROVISIONS Section 9-1 Authority to establish utility service 9-2 Authority to establish waterworks 9-3 Designation of Works Board 9-4 Sanitary Board; powers and duties

§ 9-1 AUTHORITY TO ESTABLISH UTILITY SERVICE. The town may furnish or regulate the furnishing of utility service to the public ('95 Code,§ 9-1) (Ord. 95-10, passed 11-30-95)

§ 9-2 AUTHORITY TO ESTABLISH WATERWORKS. The town may regulate the furnishing of water to the public, and may establish, maintain and operate waterworks. ('95 Code, § 9-2) (Ord. 95-10, passed 11-30-95)

§ 9-3 DESIGNATION OF WORKS BOARD.

Pursuant to LC. 36-1-2-24, the Works Board for the town is the Town Council. ('95 Code, §9-3) (Ord. 95-IO, passed 11-30-95)

§ 9-4 SANITARY BOARD; POWERS AND DUTIES.

The Town Council hereby elects, pursuant to LC. 39-9-23-3 and J.C. 36-9-23-4, to transfer the powers and duties of the Works Board to a Sanitary Board.

(A) The President of the Town Council shall be chairman of the Sanitary Board.

(B) Two citizen members shall be appointed by the Town Council, one of whom must be a registered professional engineer, neither of which may be paid or unpaid municipal officer or employee of the Board.

(C) The appointees shall serve three-year terms, provided that the original appointments shall be one two-year term and one three-year term.

(D) When a term expires a successor shall be appointed by the Town Council for a three-year term.

439 (E) Vacancy shall be filled for the unexpired term by the Town Council.

(F) The Sanitary Board shall select one of its members to be a vice- chairman. The Sanitary Board shall select a secretary and a treasurer or a single secretary/treasurer who need not be a member of the Board.

(G) Members of the Board and the secretary and treasurer may be compensated as the Town Council provides pursuant to statute.

(H) Bond for the members and a secretary or treasurer are set in the statutory minimum amount of $8,500, and filed pursuant to I.C. 5-4-1-5.1.

(I) The Sanitary Board may establish rules and bylaws for its own government. ('95 Code,§ 9-4) (Ord. 95-10, passed 11-30-95)

440 ARTICLE 2: WATER SERVICE Section

9-20 Exercise of power to provide water service 9-21 Establishment of Water Board 9-22 Opposition to new providers inside and within six miles of the town's municipal limits 9-23 Exercise of power to regulate the taking of water in town and within ten miles of town boundaries 9-24 Miscellaneous

§ 9-20 EXERCISE OF POWER TO PROVIDE WATER SERVICE. Consistent with LC. 8-1.5-2-3 and other applicable statutes, the town hereby exercises its power to own, acquire, construct, lease, operate, control, and/or contract for the use of water facilities for the purpose of providing water service both inside and outside the town's municipal limits. By passing this article, the town is exercising its power to provide water service in and around the town, which may include, without limitation, meeting with developers, extending lines, developing a potable water supply, entering into agreements with neighboring providers, and promulgating just and equitable rates. (Ord. 2005-39, passed 8-11-05)

§9-21 ESTABLISHMENT OF WATER BOARD.

The town hereby establishes a water board for the town (''Water Board") consisting of five members. The Water Board will consist of the member of the town's legislative body. Pursuant to I.C. 8-1.5-3-4, the Water Board will to the extent necessary: hire appropriate personnel, including engineers, financial advisors, consultants, and attorneys; contract with new customers and developers; recommend reasonable, just and nondiscriminatory rates; and adopt rules for the safe, economical, and efficient management and protection of the utility. The Water Board will meet periodically as determined necessary to discuss, consider, and vote on any and all matters relating to, or arising out of, water service in and around the town. (Ord. 2005-39, passed 8-11-05)

§ 9-22 OPPOSITION TO NEW PROVIDERS INSIDE AND WITHIN SIX MILES OF THE TOWN'S MUNICIPAL LIMITS.

While the town seeks to continue to foster a good working relationship with Plainfield and Indianapolis Waterworks, the town hereby authorizes the President of

441 the Town Council and its attorneys to execute and file on behalf on the town any and all documents considered necessary to prevent another provider from expanding its purpose or providing service inside of or within six miles of the town municipal limits. In particular (and without limitation), the Town Council President and the town's attorneys are hereby authorized to execute and file a petition opposing any and all attempts by WCCD to provide water service inside of or within six miles of the town's municipal limits. (Ord. 2005-39, passed 8-11-05)

9-23 EXERCISE OF POWER TO REGULATE THE TAKING OF WATER IN TOWN AND WITHIN TEN MILES OF TOWN BOUNDARIES.

(A) Consistent with LC. 36-9-2-10 and other applicable statutes, the town hereby exercises its power to establish, maintain, control, and regulate the taking of water, or causing or permitting water to escape, from a watercourse both inside and within ten miles of the town's municipal limits; provided, however, that the regulations within this section will not apply inside the corporate limits of other existing cities or towns.

(B) No water shall be taken, or caused or permitted to escape, from a watercourse to be used for retail, wholesale, or other mass distribution of water, unless such distribution is conducted by or on behalf of the town pursuant to authority exercised under § § 9-20 through 9-24.

(C) Nothing in this section shall prohibit the taking of water from a watercourse for reasonable personal use (i.e. residential type water wells).

(D) Watercourse shall include lakes, rivers, streams, groundwater, aquifers, and/or any other body of water whether above or below ground. (Ord. 2008-08, passed 4-24-08)

§ 9-24 MISCELLANEOUS.

(A) Any resolution, ordinance, or provision that is inconsistent with this article if hereby superseded.

(B) If any portion of this article is declared invalid, the remaining provisions of this article shall remain in full force and effect. (Ord. 2005-39, passed 8-11-05)

442 ARTICLE 3: DEPARTMENT OF STORMWATER MANAGEMENT

Section

9-30 Department of Stormwater Management to operate the stormwater system 9-31 Purpose and Objective 9-32 Definitions 9-33 Board 9-34 Stormwater user fee 9-35 Stormwater user fee establishment procedure 9-36 User fee structure and calculation 9-37 Billings; terms of payment 9-38 Right of Entry and Right-of-Way 9-39 Appeals of ERU determinations 9-40 Stormwater Revenue Fund 9-41 Delinquent Fees 9-42 Violations and Enforcement 9-43 Severability

§ 9-30 DEPARTMENT OF STORMWATER MANAGEMENT TO OPERATE STORMWATER SYSTEM.

(A) Establishment: The Department of Stormwater Management, a Department of the Town, is hereby established (the “Department”). The Department shall be directed by the Town Manager. The Town Manager and his or her designees, will be responsible for the day-to-day operations of the Department.

(B) Applicable State Law: The Department of Stormwater Management shall be subject to Indiana Code §8-1.5-5, as amended and in effect from time to time.

(C) Board of Storm Water Management: The Department, through the Town Manager, shall report directly to the Board of Storm Water Management.

(D) Town Council: The Town Council shall fulfill the obligations of the Department as identified in Indiana Code §8-1.5-5. The Town Council shall perform all necessary administrative, employee relations and fiscal policy-making oversight of the Department.

(E) Special Taxing District: The Department of Stormwater Management is a Special Taxing District as defined by Indiana Code §8-1.5-5-5. The policies of the Board and Town Council shall determine the combination of taxes, user fees, and other revenue sources of the Department.

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(F) General Powers of the Department: The Department shall have Departmental jurisdiction over stormwater within the Town and shall possess the following general powers:

(1) Install, maintain and operate the stormwater system of the Town.

(2) Make all necessary or desirable improvements to the stormwater collection and conveyance system of the Town, and, when determined to be in the best interests of the Town, to acquire or otherwise assume jurisdiction over any other improvements or facilities relating to the control of stormwater currently owned or under the jurisdiction of other parties.

(3) Establish and enforce the rules, regulations, policies and procedures promulgated by the Department.

(4) Hold hearings after proper public notice and make findings and determinations to carry out the policies and procedures of the Department with respect to the use of the stormwater system by the users thereof and the proper rates and charges imposed on such users.

(5) Recommend to the Town Council reasonable and just user fees for services to the users of the stormwater collection and conveyance system of the Town.

(6) Track revenues and expenses of the Department of Stormwater Management separately using Departmental policies, operational procedures and cost accounting methods to adequately determine the equitable allocation of funds to serve the Department’s and Town’s needs.

(7) After approval of the Town Council, levy a special benefit tax upon all the property of the stormwater district to pay for the bonds issued and the interest on the bonds, in accordance with Indiana Code § 8-1.5-5-22.

(8) Issue and sell bonds of the district in the name of the unit served by the department for the acquisition, construction, alteration, addition, or extension of the storm water collection and disposal system or for the refunding of any bonds issued by the Board.

(9) Enter into interlocal governmental cooperation agreements or other agreements with Hendricks County, the Surveyor of Hendricks County, the Hendricks County Drainage Board or the Stormwater Management Department of any other municipality for the reconstruction or maintenance of drains which are partially in the Town and partially outside the corporate limits of the Town and the sharing of the costs of such reconstruction and maintenance.

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§ 9-31 PURPOSE AND OBJECTIVE.

(A) The mission of the stormwater management program is to develop, implement, operate and adequately and equitably fund the acquisition, construction, operation, maintenance and regulation of stormwater collection and drainage systems and activities in the Town including without limitation, stormwater quality, separate storm sewers, neighborhood drainage, flood control, flood pumping, stormwater conveyance, and other improvements to the existing and future storm sewers of the Town.

(B) The program shall safely and efficiently control stormwater runoff, insure compliance with the National Pollutant Discharge Elimination System Stormwater Discharge permit, enhance public health and safety, protect lives and property, facilitate mobility and enable access to homes and businesses throughout the community during storms, complement and support other Town programs and objectives, control the discharge of pollutants in stormwater to receiving waters and enhance the natural resources of the community.

§ 9-32 DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(a) ADMINISTRATOR: The Town Manager or his or her designee.

(b) COMBINED SEWER: Pipe or conduit primarily used to convey sanitary sewage and secondarily intended to convey stormwater. The Town does not contain, own, operate, or maintain any combined sewers.

(c) CUSTOMER (OR USER): Shall mean a property owner benefiting from the stormwater system.

(d) DEPARTMENT: The Department of Stormwater Management established in this Ordinance.

(e) DEVELOPED: The condition of real property altered from its natural state by the addition to or construction on such property of impervious surfaces or physical improvements such that the hydrology of the property or a portion thereof is affected.

(f) DETENTION: The temporary storage of storm runoff in a basin, pond or other structural or non-structural device to control the peak discharge rates by holding the stormwater for a lengthened period of time and which provides gravity-settling of pollutants.

(g) DITCH-OPEN: A relatively deep drainage channel which may have a continuous water flow. Open ditches are outlets for both surface, subsurface, or storm sewer drainage systems.

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(h) DITCH-LEGAL or REGULATED DRAIN: Any drainage system under the jurisdiction of the Hendricks County Drainage Board as of the date of enactment of this Ordinance.

(i) DRAIN: Relative to stormwater drainage, any sewer, tile, ditch, stream or other stormwater runoff conveyance channel or conduit.

(j) DRAINAGE EASEMENT: The land required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

(k) DRAINAGE FACILITIES: All ditches, channels, conduits, retention-detention systems, tiles, drainage swales, sewers, and other natural or artificial means of draining stormwater from land.

(l) DRAINAGE REQUIREMENTS:

(1) minimum drainage standards as established by Ordinance; (2) regulations promulgated by the Town Council; (3) obligations and requirements relating to drainage established under the Subdivision Control Ordinances of the Town or Hendricks County; (4) requirements contained in the Zoning Ordinances of the Town or Hendricks County, including floodway zoning requirements; (5) obligations and requirements relating to drainage established under the Drainage Board of Hendricks County, Indiana; and (6) conditions relating to drainage attached to a grant of variance by the Board of Zoning Appeals.

(m) DRAINAGE-SUBSURFACE: A system of pipes, tile, conduit, or tubing installed beneath the ground used to collect underground water from individual parcels, lots, building footings, or pavements.

(n) DRAINAGE-SURFACE: A system by which the stormwater runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways and yards so that storm runoff is removed without ponding and flows to a drainage swale, open ditch, or a storm sewer.

(o) DRAINAGE-SWALE: A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion, or other site feature.

(p) DRAINAGE-SYSTEM: Any combination of surface and/or subsurface drainage

446 components fulfilling all applicable drainage requirements.

(q) EASEMENT: A grant by the property owner of the use of a strip of land by the public, a corporation or other legal entity for specified purposes.

(r) ENGINEER: Any Engineer retained by the Town.

(s) ERU: Equivalent Residential Unit, equal to the average amount of impervious area found on a typical single-family residential parcel which is 3,942 square feet. Therefore, one ERU equals 3,942 square feet of impervious area.

(t) IMPERVIOUS AREA: Area within developed land that prevents or significantly impedes the infiltration of stormwater into the soil. Included in this definition are areas that have been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, gravel, rooftop and blacktop, such that the infiltration of water into the soil is prevented. Excluded from this definition are undisturbed land, lawns and fields.

(u) INFILTRATION: A complex process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.

(v) LAND ALTERATION: Any action taken relative to land which either:

(1) changes the contour; or (2) increases the runoff rate; or (3) changes the elevation; or (4) decreases the rate of which water is absorbed; or (5) changes the drainage pattern; or (6) creates or changes a drainage facility; or (7) involves construction, enlargement or location of any building on a permanent foundation; or (8) creates an impoundment. Land alteration includes (by way of example and not of limitation) terracing, grading, excavating, constructing earthwork, draining, installing drainage tile, filling and paving.

(w) MAINTENANCE: The removal of obstructions, deposits, or other materials and making minor repairs in a drainage facility so that it will perform the function for which it was designed and constructed.

(x) NON-RESIDENTIAL: All properties not encompassed within the definition of Residential Property, including but not limited to: commercial, industrial, residential, retail, multi-

447 family, governmental, institutional, schools, churches, exempt, utility, and agricultural encompassing State Land Use Codes 309 – 399, 401 – 499, and 600 - 699, 801 – 840, and 850 - 899. Non-residential is a specific customer class addressed in Section 9-35(a) of this ordinance.

(y) NPDES: The National Pollutant Discharge Elimination System, the EPA program initiated to reduce and eliminate pollutants reaching water bodies of all types.

(z) NPDES PERMIT: Stormwater management permit required of municipalities and certain industries by the EPA pursuant to Section 402 of the Clean Water Act.

(aa) PEAK DISCHARGE: The maximum rate of flow of water passing a given point during or after a rainfall event, sometimes called peak flow.

(bb) PRIVATE STORMWATER FACILITIES: Various stormwater and drainage works not under the control or ownership of the Town, Hendricks County, the State of Indiana, or the federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate stormwater.

(cc) PROPERTY OWNER: The individual, partnership, corporation or other legal entity holding the deed or record title to real property.

(dd) PUBLIC DRAINAGE SYSTEM: Various storm water and drainage works under the control and/or ownership of the Town, Hendricks County, the State of Indiana, or the federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate storm water.

(ee) RAIL YARD: A lot or parcel of real estate encompassing State Land Use Code 841 containing improvements used for operating a rail yard or related facilities, excluding the railroad tracks. Rail Yard is a specific customer class addressed in 9-35(a) of this ordinance.

(ff) RESIDENTIAL: A lot or parcel of real estate encompassing State Land Use Codes 101, 199, and 510 - 599 on which a building or house trailer is situated which building or house trailer contains a group of rooms forming an inhabitable dwelling unit with facilities which are used or are intended to be used primarily for living, sleeping, cooking and eating. Residential is a specific customer class addressed in Section 9-35(a) of this ordinance.

(gg) RETENTION: The holding of stormwater runoff in a constructed basin or pond or in a natural body of water with a controlled release rate.

(hh) RIGHT-OF-WAY: Any highway, street, avenue, boulevard, road, lane or alley and includes the entire right-of-way for public use thereof and all surface and subsurface improvements

448 thereon including, without limitation, sidewalks, curbs, shoulders, utility lines and mains.

(ii) SEWER SEPARATION: A project intended to reduce the amount or rate of stormwater entering the wastewater treatment plant. Sewer separation projects include, but are not limited to, new sanitary sewer construction with conversion of combined sewer to storm sewer; new storm sewer construction with conversion of combined sewer to sanitary sewer, combined sewage holding tanks; and equalization tanks at the treatment plant.

(jj) STATE LAND USE CODES: The classification system used by Indiana counties for purposes of classification of the assessment of real property. The 2011 Real Property Assessment Manual, prepared by the Indiana Department of Local Government Finance, describes the codes. Appendix A of the manual defines the codes. The manual and codes may be adjusted from time to time.

(kk) STORM SEWER: A sewer designed or intended to convey only stormwater, surface runoff, street wash waters and drainage, and not intended for sanitary sewage and industrial wastes. A storm sewer begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a channel, natural watercourse or combined sewer.

(ll) STORMWATER USER FEE: A charge imposed on users of the stormwater system.

(mm) STORMWATER SYSTEM: All constructed facilities, including separate storm sewers and conveyances, structures and natural watercourses owned by or under the jurisdiction of the Town used for collecting and conveying stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations.

(nn) STORMWATER CONVEYANCES: Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

(oo) TOWN: The Town of Avon, Indiana.

§ 9-33 BOARD.

The Board of Directors for the Department of Storm Water Management is hereby created and shall consist of three (3) members to be appointed by the Town Council President. No more than two of the members shall be of the same political party. For purposes of this article, political party affiliation will be determined by the voting records for the last three primaries. Candidates who have not voted, or who have not voted in the same party primary at least two times, will be considered independents. The initial terms of the Directors shall be as follows: Director One = 2 years; Director Two = 3 years; Director Three = 4 years. All subsequent terms shall be 4 years. After the appointment of Directors, the

449 Directors will conduct an organizational meeting and elect officers. Officers of the Board will be President, Vice President, Secretary and Treasurer. The Town Clerk-Treasurer will serve as the Treasurer, but the Clerk-Treasurer is not a voting member of the Board. After the initial organizational meeting, the Board will conduct a reorganizational meeting each year during the month of January. The Board will also adopt rules of procedure in order to govern the conduct of its meetings.

§ 9-34 STORMWATER USER FEE.

A stormwater user fee shall be imposed on each and every lot and parcel of land within the Town as identified in Section 9-36 and 9-37, which directly or indirectly contributes to the stormwater system of the Town, which charge shall be assessed against the property owner thereof, who shall be considered the user for the purposes of this chapter. This charge is deemed reasonable and is necessary to pay for the repair, replacement, extension, planning, improvement, operation, regulation and maintenance of the existing and future stormwater system.

§ 9-35 STORMWATER USER FEE ESTABLISHMENT PROCEDURES.

(A) Stormwater User Fee Per ERU: The Stormwater User fee will be determined by the Board after appropriate study and will be charged per ERU per month according to the following initial customer classes:

(1) residential; (2) non-residential; and (3) rail yard. The Board may revise the user fee structure from time to time. For the purpose of this chapter, a month shall be considered 25 through 35 days. Any billings for stormwater service outside this time shall be on a per diem basis.

(B) Basis for Charge: The stormwater user fee is designed to recover the cost of rendering stormwater service to the users of the stormwater system, and shall be the basis for assessment of the stormwater user fee. This user fee is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services.

§ 9-36 USER FEE STRUCTURE AND CALCULATION.

(A) Generally: For the purposes stated in Section 9-31 and 9-35, there is hereby assessed a stormwater user fee, in an amount determined by the Board, for each property owner owning land situated within the corporate limits of the Town, served by the Town’s stormwater system, and also located within the corporate boundaries of the Town that contributes directly or indirectly to the stormwater system of the Town, in an amount as determined below.

450 (B) Impervious Area: For any such property, lot, parcel of land, building or premises which contribute directly or indirectly to the stormwater system of the Town, such charge shall be based upon the quantity of impervious area situated thereon as measured on the most recent aerial maps available from the best source, or as amended through the issuance of building permits by the Town. Impervious area of public rights-of-way and railroad lines (which shall not be deemed to include adjacent property, such as a rail yard, operated by a railroad), will not be included in the determination of a stormwater user fee. In addition, the Board shall establish policies and procedures to make determinations whether commonly owned, adjoining properties with separate plat or legal descriptions should be treated as a single parcel of land for purposes of calculating the stormwater user fees to be charged for such properties.

(C) Classification of Property: All properties within the Town, or served by the Town stormwater system, will be assessed a Stormwater User fee based on Equivalent Residential Unit (ERU), or a multiple thereof, with all properties having impervious area assigned at least one ERU (except as otherwise provided in Section (E) herein). Properties shall be classified as determined by the Indiana Department of Local Government Finance 2011 Real Property Assessment Manual, as may be updated periodically. The assessment of ERU shall be as follows:

(1) Residential: A monthly flat-rate charge for stormwater service rendered to Residential and Agricultural Homestead Properties classification shall be assessed to each Residential Property’s parcel within the Town limits. This base unit shall apply to all parcels designated by State Property Class Codes 101, 199, and 510 - 599. All Residential Properties are hereby assigned one ERU and a Stormwater User fee as described in this Ordinance and adjusted periodically.

(2) Non-residential: Properties with impervious area in the Non-residential classification will be assigned an ERU multiple based on the total amount of impervious area on the property (measured in square feet and divided by 3,942 square feet. The ERU calculation shall apply to all parcels designated by State Property Class Codes 309 – 399, 401 – 499, 600 – 699, and 801 – 840, and 850 – 899. ERU multiples shall be rounded to the nearest whole integer.

(3) Rail Yard: Properties with impervious area in the Rail Yard classification will be assigned an ERU multiple based on the total amount of impervious area on the property (measured in square feet and divided by 3,942 square feet. The ERU calculation shall apply to all parcels designated by State Property Class Codes 841. ERU multiples shall be rounded to the nearest whole integer.

(D) Land Alterations: The issuance of any building permit or other action which results in a land alteration of a property other than Residential Properties or a property that currently only contains Residential Properties but will no longer be used for such purpose shall be cause for an adjustment of the stormwater user fee determined under this section. The property owner shall have the obligation of informing the Board of any such changes by applying for an Improvement Location Permit.

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(E) Exceptions/Exemptions: Agricultural properties with impervious area under State Land Use Codes 100 and 102 - 198, with the exception of those properties that qualify as Residential Property, shall be exempt from the assessment of Stormwater User fees. Except for public rights-of-way, railroad lines and agricultural properties as defined herein, there shall be no exceptions or exemptions from the assignment of gross stormwater ERUs for any property with impervious area except that properties other than single-family residential parcels with impervious area of less than five hundred (500) square feet shall be exempted from the assignment of an ERU.

(F) Discrepancies in Land Use Codes: The Board may consider a determination on parcels that appear to be improperly coded in the County records and make, for the purpose of assessing a stormwater user fee, findings on the proper coding for each such parcel.

§ 9-37 BILLINGS; TERMS OF PAYMENT.

(A) Billings: All stormwater service bills shall be assessed on a monthly basis unless additional or prorated billing is required to reflect customer changes, initial billings or is otherwise required to adjust billing cycles. Billing cycles shall be established and adjusted periodically by the Board. Charges for miscellaneous services or work performed on behalf of a stormwater customer by the Department shall be assessed at the time the work is completed and shall be included in the customer’s next stormwater service bill. Stormwater billing for a new property shall commence with the date the property is assessed for purposes of property taxes, or date of occupancy, whichever shall first occur. Additional stormwater charges for an established service address necessitated by a change in the amount of impervious area at the property shall commence on the date the new certificate of occupancy or compliance is issued. Billing adjustments required to correct impervious area measurements shall be applied retroactively to the date of the customer’s initial protest.

(B) Rights and Responsibilities of Property Owner: Charges for stormwater service shall remain the ultimate responsibility of the property owner, including all penalties, recording fees, attorney’s fees, interest and court costs. Other than the property owner, no other person shall be permitted to inspect, examine or otherwise obtain confidential information including the social security number of the property owner obtained by the Town for the sole purpose of billing for stormwater system service. Stormwater user fees attach to the property.

(D) Terms of Payment: The stormwater user fees prescribed in Section 9-36 shall be due on the payment date set out on the bill. It shall be a violation of this chapter to fail to pay a stormwater service bill when due. All bills for stormwater services not paid on or before the due date shall be subject to a collection or deferred payment charge of 10% on the outstanding balance. Moving from one location to another in no way absolves the customer from responsibility for any unpaid charges incurred at a previous location.

452 (E) Bad Check Charge: Checks returned for non-sufficient funds will be subject to reimbursement of the fee the banking institution charges the Town and an administrative charge to be established by the Department not in excess of the amount provided in Indiana Code. A customer submitting a bad check may be prohibited from making future stormwater user fee payments by check.

(F) Collection: The Board may collect delinquent stormwater user fees and penalties by placing a lien on the private property subject to the user fees and penalties. The delinquent fees and penalties shall be collected in the same manner as delinquent taxes and if the fees and penalties remain unpaid, the Board may foreclose on the lien to collect the fees and penalties including reasonable attorney’s fees.

§ 9-38 RIGHT OF ENTRY AND RIGHT-OF-WAY.

Pursuant to Indiana Code §36-9-27-20.6, the Board has, with respect to any drain transferred to the Town of Avon by Hendricks County, the same right of entry and right-of-way powers over and upon private land that are granted to the County Surveyor by Indiana Code §36-9-27-33. This right of entry over and upon private land is the area within seventy-five (75) feet of the drain, measured at right angles to the center line of any tiled drain and measured to the top edge of each bank of an open ditch. The owners of land over which the right-of-way runs may use the land in any manner consistent with Indiana Code §36-9-27 and this section and consistent with the proper operation of the drain. Permanent structures may not be placed in the right-of-way without the written consent of the Administrator. Temporary structures may be placed over the right-of-way without the written consent of the Administrator, but the owner will immediately remove the temporary structure from the right-of- way when so ordered by the Administrator. Crops grown on a right-of-way are at the risk of the owner, and if necessary, in the reconstruction or maintenance of the drain, may be damaged without liability on the part of the Administrator, Board, Town, or their representatives. Trees, shrubs and woody vegetation may not be planted in the right-of-way without written consent of the Administrator and may be removed by the Administrator, Board or their representatives if necessary, for the proper operation or maintenance of the drain. In exercising this right of entry and right-of-way powers, the Administrator, the Board or their authorized representatives acting under this section do not commit criminal trespass under Indiana Code §35-43-2-2, as amended.

§ 9-39 APPEALS.

Any user may appeal to the Board any decision of the Department in the administration of this Chapter. In order to initiate an appeal, the user must deliver to the Administrator a written appeal of a decision or determination. This appeal must be delivered within fifteen (15) days of the decision or determination from which the appeal is taken. Upon receipt of the appeal, the Administrator will notify the Board of the appeal. The Board will schedule a hearing on the appeal and conduct a hearing within thirty (30) days of the receipt of the appeal. The Board will provide to the appealing party notice of the hearing at least ten (10) days prior to the hearing. At the hearing, the appealing party is entitled to present evidence supporting the appeal. The Administrator will then be entitled to present evidence supporting the decision or determination. Within ten (10) days of the hearing, the Board will issue written findings and conclusions. The Board will mail the findings and conclusions to the appealing party upon making the findings and conclusions. The appealing party may appeal the decision of the

453 Board to a court of competent jurisdiction by filing with the court a petition for review within thirty (30) days of the date of the Board’s decision.

§ 9-40 STORMWATER REVENUE FUND.

All revenues earned and fees collected for stormwater service, including but not limited to, stormwater user fees, permit and inspection fees, direct charges and interest earnings on any unused funds shall be deposited in accounts permitted under Indiana Code §8-1.5-5-8, collectively referred to as Town Stormwater Revenue Fund. The monies in the Fund may be used for the operation, maintenance and improvement of the Town’s stormwater system, to adequately fund depreciation accounts, and for payments of principal and interest of authorized bonds for the Town’s stormwater system. The Fund is a non-reverting fund. Monies in the Fund at the end of any fiscal year will not revert to the General Fund. Warrants for payment may be paid upon the approval of claims by the Board.

§ 9-41 DELINQUENT FEES AND PENALTIES AS LIENS; DUPLICATES; COLLECTION.

Delinquent charges for stormwater services, and applied penalties, recording fees and user fees constitute a lien upon the property and may be collected in accordance with the provisions of Indiana Code §§ 8-1.5-5-29, 8-1.5-5-30, and 8-1.5-5-31.

§ 9-42 VIOLATIONS AND ENFORCEMENT.

Failure to pay a stormwater user fee when due shall constitute a violation of this chapter, which shall be enforced by the Town Manager and such deputies as the Town Manager may appoint for such purposes. If it becomes necessary for the Department to collect unpaid user fees or enforce this Chapter for other violations, the Department may collect from the user, in addition to unpaid user fees, late fees, penalties and other rates and charges, the court costs, litigation expenses and reasonable attorney’s fee incurred in the collection of the fees and other rates and charges.

§ 9-43 SEVERABILITY.

(A) If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

(B) All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby superseded, and this Ordinance shall be in full force and effect from and upon compliance with all procedures required by law.

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