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TOWN OF SHIPSHEWANA, INDIANA

Code of Ordinances
2020 S-8 Supplement contains:

Local legislation current through Ord. IV-E-1-a, passed 4-9-20; and

State legislation current through 2018 A.L.S. #5
TITLE I:  GENERAL PROVISIONS
Chapter
   10.   GENERAL PROVISIONS
CHAPTER 10:  GENERAL PROVISIONS
Section
   10.01   Title of code
   10.02   Interpretation
   10.03   Application to future ordinances
   10.04   Captions
   10.05   Definitions
   10.06   Rules of interpretation
   10.07   Severability
   10.08   Reference to other sections
   10.09   Reference to offices
   10.10   Errors and omissions
   10.11   Official time
   10.12   Reasonable time
   10.13   Ordinances repealed
   10.14   Ordinances unaffected
   10.15   Effective date of ordinances
   10.16   Repeal or modification of ordinance
   10.17   Ordinances which amend or supplement code
   10.18   Section histories; statutory references
 
   10.99   General penalty
§ 10.01  TITLE OF CODE.
   This code shall be known and may be designed and cited as “The Shipshewana Town Code of 1997.” This codification has been made in one ordinance under appropriate titles, chapters and sections by authority of the Public Acts of the state.
(Ord. I-B, passed  - - )
Statutory reference:
   Codification authorized, see I.C. 36-1-5-3
§ 10.02  INTERPRETATION.
   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of the Public Acts of the state.
(Ord. I-B, passed  - - )
§ 10.03  APPLICATION TO FUTURE ORDINANCES.
   All of the provisions of this chapter, not incompatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code, unless otherwise specifically provided.
(Ord. I-B, passed  - - )
§ 10.04  CAPTIONS; REFERENCES.
   (A)   Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
   (B)   Statutory-references, cross-references and other comments are by way of explanation only and shall not be deemed a part of the text of any section.
(Ord. I-B, passed  - - )
§ 10.05  DEFINITIONS.
   (A)   General rule.  Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
   (B)   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY, MUNICIPAL CORPORATION, MUNICIPALITY, or TOWN.  The Town of Shipshewana, Indiana.
   CODE,THIS CODE or THIS CODE OF ORDINANCES.  This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
   COUNTY.  LaGrange County, Indiana.
   MAY.  The act referred to is permissive.
   MONTH.  A calendar month.
   OATH.  An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
   OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT.  An officer, office, employee, commission, or department of this municipality unless the context clearly requires otherwise.
   PERSON.  Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
   PRECEDING or FOLLOWING.  Next before or next after, respectively.
   SHALL.  The act referred to is mandatory.
   SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot write.
   STATE.  The State of Indiana.
   SUBCHAPTER.  A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
   WRITTEN.  Any representation of words, letters, or figures, whether by printing or otherwise.
   YEAR.  A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.
§ 10.06  RULES OF INTERPRETATION.
   The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
   (A)    AND or OR.  Either conjunction shall include the other as if written “and/or,” if the sense requires it.
   (B)   Acts by assistants.  When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
   (C)   Gender; singular and plural; tenses.  Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
   (D)   General term.  A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
§ 10.07  SEVERABILITY.
   Each chapter, section or, whenever divisible, part of a section of this code of ordinances is hereby declared to be separable, and the invalidity of any chapter, section or divisible part section shall not be construed to affect the validity of any other chapter, section or part section of this code.
(Ord. I-B, passed  - - )
§ 10.08  REFERENCE TO OTHER SECTIONS.
   Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter be changed or materially altered by the amendment or revision.
(Ord. I-B, passed  - - )
§ 10.09  REFERENCE TO OFFICES.
   Reference to a public office or officer shall be deemed to apply to any office or officer entitled to exercise the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(Ord. I-B, passed  - - )
§ 10.10  ERRORS AND OMISSIONS.
   If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected or such word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No such alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
(Ord. I-B, passed  - - )
§ 10.11  OFFICIAL TIME.
   The official time, as established by applicable state/federal laws, shall be the official time within this municipality for the transaction of all municipal business.
§ 10.12  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 such act or the giving of such 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.
§ 10.13  ORDINANCES REPEALED.
   This code, from and after its effective date, shall contain all of the provisions of a general nature of the town pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.
(Ord. I-B, passed  - - )
§ 10.14  ORDINANCES UNAFFECTED.
   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances shall remain in full force and effect unless herein repealed expressly or by necessary implication.
(Ord. I-B, passed  - - )
§ 10.15  EFFECTIVE DATE OF ORDINANCES.
   All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
§ 10.16  REPEAL OR MODIFICATION OF ORDINANCE.
   (A)   Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
   (B)   No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
   (C)   When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
§ 10.17  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 such chapter or section. In addition to such 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.
§ 10.18  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 5-13-60; 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:
   § 39.01 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.
§ 10.99  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.
(I.C. 36-1-3-8(10))
TITLE III:  ADMINISTRATION
   Chapter
   30.   TOWN COUNCIL
   31.   TOWN OFFICIALS
   32.   DEPARTMENTS, BOARDS AND COMMISSIONS
   33.   POLICE DEPARTMENT
   34.   EMPLOYEE REGULATIONS
   35.   TOWN POLICIES
   36.   FINANCE AND TAXATION
CHAPTER 30:  TOWN COUNCIL
Section
General Provisions
   30.01   Statutory authority
   30.02   Clerk-Treasurer to make tax duplicates
   30.03   Claims for allowances
Meeting; Rules of Procedure
   30.15   Regular meetings
   30.16   Special meetings
   30.17   Order of business
   30.18   Presiding officer
   30.19   Quorum
   30.20   Voting
   30.21   When ordinances to take effect
   30.22   Procedure to repeal, alter or amend by-laws
   30.23   Absences from meetings
   30.24   Code of By-laws
Elections
   30.30   Terms of office
   30.31   Councilmanic districts
GENERAL PROVISIONS
§ 30.01  STATUTORY AUTHORITY.
   The provisions of I.C. § 36-5 are hereby included by reference and made a part hereof. Any amendments by the Indiana Legislature to I.C. § 36-5 shall constitute amendments hereto, even in the absence of action to so amend this code by the Town Council.
(Ord. passed 3-12-85)
§ 30.02  CLERK-TREASURER TO MAKE TAX DUPLICATES.
   The Clerk-Treasurer of the Town Council shall, in addition to the duties prescribed by law, make out or cause to be made out the tax duplicate for each year and properly certify the same, for which service he shall be entitled to an allowance as the Town Council may think just and equitable.
(Ord. passed 3-12-85)
§ 30.03  CLAIMS FOR ALLOWANCES.
   All claims hereafter presented for allowance shall be verified by affidavit of the person in whose favor the claim is, or some competent person for him.
(Ord. passed 3-12-85)
MEETING; RULES OF PROCEDURE
§ 30.15  REGULAR MEETINGS.
   The Town Council shall meet regularly on such days and times as established and determined by the Town Council by adoption of a meeting schedule given in accordance with the Indiana Open Door Law, as amended.
(Ord. passed 3-12-85; Am. Ord. II-B-1-a, passed 12-11-86; Am. Ord. II-B-1-a(2), passed 10-8-92; Am. Res. passed 5-8-03; Am. Ord. II-B-1-a(4), passed 6-22-17)
§ 30.16  SPECIAL MEETINGS.
   (A)   The President or any two Councilmembers may call a special meeting when the exigencies of the case may require.
   (B)   No business shall be transacted at any special meeting except that for which it was called and the Clerk of the meeting shall enter upon the record the object for which the meeting was called before recording any of the doings thereof.
(Ord. passed 3-12-85; Am. Res. passed 5-8-03)
§ 30.17  ORDER OF BUSINESS.
   The order of business before the Town Council shall be (after the meeting is called to order by the President):
   (A)   Calling the roll and the Clerk noting those present and absent.
   (B)   Reading proceedings of previous meeting.
   (C)   Old/unfinished business.
   (D)   New business.
   (E)   Miscellaneous.
   (F)   Departmental reports.
   (G)   Any and all other business to properly come before the Council.
   (H)   Adjournment.
(Ord. passed 3-12-85; Am. Res. passed 5-8-03)
§ 30.18  PRESIDING OFFICER.
   (A)   The Town Council shall select one of its members to act as President and one of its members to act as Vice President for terms of one year. The selection of President and Vice-President shall occur at the first regularly scheduled meeting of the Council in each calendar year. In the event that the President and/or Vice-President are not elected at the first regularly scheduled meeting of the Council in each calendar year, the President and/or Vice-President shall continue to serve until an election is held. Should the President or Vice-President resign or otherwise vacate their office, the Council shall elect a successor among remaining Councilmembers to complete such officer's term of office.
   (B)   The President of the Town Council shall preside at all meetings of the Town Council and perform such other duties consistent with the office as may be imposed by the Council. The Council Vice-President shall preside and fulfill those duties normally performed by the President of the Town Council in his or her absence.
(Ord. passed 3-12-85; Am. Res. passed 5-8-03)
§ 30.19  QUORUM.
   A majority of the Town Council shall constitute a quorum for the transaction of such business as may come before them.
(Ord. passed 3-12-85; Am. Res. passed 5-8-03)
§ 30.20  VOTING.
   Upon all questions before the Town Council, a voice vote shall be taken. A secret ballot may not be taken at a meeting. All action shall be decided by a majority of the elected members of a quorum of the Town Council present. In the event of a tie, the Town Clerk-Treasurer shall act as ex officio member for the purpose of casting a deciding vote.
(Ord. passed 3-12-85; Am. Res. passed 5-8-03)
§ 30.21  WHEN ORDINANCES TO TAKE EFFECT.
   All ordinances, by-laws and resolutions made by the Town Council shall be in force from and after their adoption pursuant to I.C. § 36-5-2-10, or other specially applicable statute.
(Ord. passed 3-12-85; Am. Res. passed 5-8-03)
§ 30.22  PROCEDURE TO REPEAL, ALTER OR AMEND BY-LAWS.
   The Town Council may repeal, alter or amend any of its by-laws when two-thirds of the Town Council shall agree thereto at any regular meeting of the Town Council.
(Ord. passed 3-12-85)
§ 30.23  ABSENCES FROM MEETINGS.
   Every member of the Town Council who is not present at the meetings of the Town Council from and after this date at the calling of the roll shall be fined in the sum of $1, unless a reasonable excuse be offered to and accepted by the Town Council.
(Ord. passed 3-12-85)
§ 30.24     CODE OF BY-LAWS.
   A Code of By-laws of the Town Council of the Town of Shipshewana is hereby adopted and incorporated into this Code of Ordinances as if set out fully herein.
(Res. II-B-1-a(3), passed 5-8-03)
ELECTIONS
§ 30.30  TERMS OF OFFICE.
   Each Councilmember shall serve a term of four years, commencing at noon January 1 following the member's election and continuing until the member's successor is elected and qualified.
(Ord. II-F-4-a(1), passed 8-9-84; Am. Res. passed 5-8-03)
§ 30.31  COUNCILMANIC DISTRICTS.
   The town shall be divided into districts, as follows:
   (A)   District #1. Beginning at the center of State Road 5 and North Street, thence south to the center of Indiana Street, thence west to the center of State Street, thence north to the center of Middlebury Street, thence west to the corporate limits, thence north and east along the corporate limits, thence east and south along the corporate limits, thence west and south along the corporate limits to the point of beginning.
   (B)   District #2. Beginning at the center of State Road 5 and North Street, thence east to the corporate limits, thence south to the center of Middlebury Street, thence west to the center of Morton Street, thence south to the center of Davis Street, thence west to the center of State Road 5, thence south to the center of E. Farver Street, thence east to the corporate limits, thence south to the corporate limits, thence west to the corporate limits, thence north along the western corporate limits to the center of Middlebury Street, thence east to the center of State Street, thence south to the center of Indiana Street, thence east to the center of State Road 5, thence north to the point of beginning.
   (C)   District #3. Beginning at the center of Morton and Middlebury Street, thence east along Middlebury Street (and W 250 N) to the center of N 735 W, thence south along N 735 W to the center of W 200 N, thence west along W 200 N ( and E. Farver Street) to State Road 5, thence north to the center of Davis Street, thence east to the center of Morton Street, thence north to the point of beginning.
   (D)   At Large. In addition to the above described districts, there shall be two "At Large" districts in the town. The Council members elected to the "At Large" positions shall be elected by the citizens of the town without regard to districts, precincts, or any other artificial boundaries excepting the corporate limits of the town.
(Ord. II-F-4-b(3), passed 9-12-02)
CHAPTER 31:  TOWN OFFICIALS
Section
Clerk-Treasurer
   31.01   Duties
   31.02   Americans with Disabilities Act Coordinator
Town Manager
   31.10   Creation of position
   31.11   Duties
   31.12   Conflicts of interest
   31.13   Termination of employment
   31.14   Bond
   31.15   Temporary absence or disability
   31.16   Powers
Local Disaster Services
   31.30   Principal executive officer
CLERK-TREASURER
§ 31.01  DUTIES.
   (A)   Authority of Town Clerk-Treasurer to pay recurring monthly bills.
      (1)   The Town-Clerk Treasurer is hereby authorized and directed to disburse town monies from the appropriate funds to pay routine recurrent bills for goods and services, including, but not limited to electric bills, refuse disposal bills, gas bills, and the like.
      (2)   The Town Clerk-Treasurer is further directed to submit for the Town Council's approval at the next regularly scheduled or special Town Council meeting any and all actions performed under this section.
      (3)   This section shall not in any way be construed to authorize the Town Clerk-Treasurer to expend town monies for any costs incurred by the town for goods and services which are billed less frequently than monthly, nor for any other costs for goods or services which require specific and affirmative action by the Town Council for payment.
(Ord. II-F-1-a(1), passed 8-9-84)
   (B)   Authority of Town Clerk-Treasurer to pay invoices.
      (1)   The Town Clerk-Treasurer is hereby authorized and directed to disburse town monies from the appropriate funds to pay for necessary and helpful office supplies obtained from suppliers who require payment at the time and point of purchase. Any proposed expenditure greater than $100 total purchases from any one supplier requires the advance approval of the Town Council.
      (2)   The Town Clerk-Treasurer is further directed to submit for the Town Council's approval at the next regularly scheduled meeting a report on any and all action is performed under the auspices of this section.
(Ord. II-F-1-a(4), passed 3-12-92)
Cross-reference:
   Clerk-Treasurer to make tax duplicates, see § 30.03
   Duties concerning Payroll Fund, see § 36.51
   Duties of Billing Clerk, see § 50.01
§ 31.02  AMERICANS WITH DISABILITIES ACT COORDINATOR.
   (A)   The Town Council hereby appoints the Town Manager as the Town ADA Coordinator. The Coordinator shall coordinate compliance with the non-discrimination requirements contained in § 35.107 of the Department of Justice regulations (28 CFR § 35.107).
   (B)   The Town Council hereby determines that to inform the public about the availability of information regarding the provisions of the Americans with Disabilities Act (42 USC §§ 12101 et seq.) and the rights provided after that, the following shall be placed upon all town agendas:
      The town does not discriminate because of disability in the admission to, or treatment or employment in, its programs or activities. The Town Manager has been designated to coordinate compliance with nondiscrimination requirements contained in § 35.107 of the Department of Justice regulations (28 CFR § 35.107). Information concerning the provisions of the Americans with Disabilities Act and the rights provided under the Act are available from the Town Manager. Suggestions on how the town can better meet the needs of those persons with disabilities may be submitted to the Town Manager.
(Ord. IV-G-1, passed 1-12-95)
TOWN MANAGER
§ 31.10  CREATION OF POSITION.
   (A)   The Town Council may employ a Town Manager to be the administrative head of the town.  The Town Council shall fix his compensation, benefits, and terms of employment, provided only that the duration of his employment shall be at the will and pleasure of the Council.
   (B)   The Town Manager shall be the administrative head of the town government.  He shall be employed solely with regard to merit and on the basis of his executive and administrative qualifications.  No member of the Town Council shall, during the time for which he has been elected. be employed as a Town Manager.
   (C)   The Town Manager need not be a resident of the town at the time of his appointment, but he may reside outside of the town while in office only with the approval of the Town Council.
(Ord. II-F-2-b(14), passed 9-25-97)
§ 31.11  DUTIES.
   The Town Manager, under the direction of the Town Council, shall be responsible to the Town Council for the administrative duties of the town which the Town Council has the authority to control.  Unless a written order or ordinance of the Town Council provides otherwise, the Town Manager:
   (A)   Shall attend the meetings of the Town Council and recommend such actions as he considers advisable;
   (B)   Shall hire all town employees to fill positions authorized by the Town Council in accordance with pay schedule standards and qualifications as are fixed by the Town Council or applicable law;
   (C)   Shall suspend, discharge, remove, or transfer any such town employee if necessary for the welfare of the town, except that the Town Manager shall not serve as a member of any body that hears disciplinary charges against the Town Marshall or a member of the Town Police Department;
   (D)   May delegate any of his powers to an employee responsible to him;
   (E)   Shall administer, except where in conflict with the Police Department or areas reserved to the Town Attorney, the execution and enforcement of all resolutions, orders, and ordinances of the Town Council, and see that all laws of the state required to be enforced through the Town Council or other town officials subject to the control of the Town Council are faithfully executed;
   (F)   Shall prepare and submit to the Town Council budget estimates as required and coordinate with other departments of the town, including the Police Department, Fire Department, and Park Board, the budget estimates as required from time to time.
   (G)   Subject to applicable state laws concerning appropriations, public notices, and competitive bidding, shall be authorized to execute contracts on behalf of the town for materials, supplies, services, or improvements without prior Town Council approval, provided the total costs of said materials, supplies, services or improvements under the contract are $500 or less.  The Town Manager shall seek approval of the Town Council prior to executing contracts on behalf of the town for materials, supplies, services or improvements with a total contract cost in excess of $500.  This section shall not grant the Town Manager the authority to issue or execute bonds, notes or warrants of the town.
   (H)   Shall formulate and recommend overall policies regarding areas under his administration;
   (I)   May receive service of summons on behalf of the town in all actions against the town;
   (J)   Shall perform such other legally permissible and appropriate duties and functions as are required by the town, state and federal laws or as shall be lawfully assigned to him by the Town Council and as set forth in the job description attached to Ordinance II-F-2-b(14) as Exhibit A (or as amended by the Town Council).
(Ord. II-F-2-b(14), passed 9-25-97; Am. Ord. II-F-2-B(15), passed 2-12-98)
§ 31.12  CONFLICTS OF INTEREST.
   The Town Manager shall devote his full time to his employment.  He shall not undertake any activity which would be in conflict with his employment or inimical to the best interests of the town.  During the term of his employment, he shall not engage in any other business activity, whether or not such business activity is pursued for gain, profit, or other pecuniary advantage, without the express written approval of the Town Council.
(Ord. II-F-2-b(14), passed 9-25-97)
§ 31.13  TERMINATION OF EMPLOYMENT.
   The employment of the Town Manager may be terminated without cause as so employed at the will and pleasure of the Town Council.
(Ord. II-F-2-b(14), passed 9-25-97)
§ 31.14  BOND.
   In the manner prescribed by IC § 5-4-1, the Town Manager shall execute a bond in favor of the town for the faithful and lawful performance of his duties, in such sum as may be fixed from time to time by the Town Council, and if none is so fixed, then in the amount of $15,000.  The cost of such bond shall be paid by the town.
(Ord. II-F-2-b(14), passed 9-25-97)
§ 31.15  TEMPORARY ABSENCE OR DISABILITY.
   During the temporary absence or disability of the Town Manager, the Town Council may designate some qualified person to perform the duties of the office.  At any time during said absence or disability, the Town Council may revoke such designation and appoint some other qualified person to perform said duties.
(Ord. II-F-2-b(14), passed 9-25-97)
§ 31.16  POWERS.
   Nothing in §§ 31.10 through 31.16 is intended to provide greater authority or power to a Town Manager than that which is now authorized by state law.  Nothing herein shall amend any applicable laws requiring the Town Council to authorize the issuance of bonds or warrants of the town, and requiring execution thereof by the officers of the town.
(Ord. II-F-2-b(14), passed 9-25-97)
LOCAL DISASTER SERVICES
§ 31.30  PRINCIPAL EXECUTIVE OFFICER.
   (A)   Principal Executive Officer of the town as referred to in I.C. § 10-14-3-29(a) for purposes of declaring a local disaster emergency, and as referred to hereinafter, means the regularly designated President of the of the Town Council, except if he or she is unavailable or incapacitated, then the regularly designated Vice-President of the Town Council shall serve as the Principal Executive Officer. If both the President and the Vice-President are unavailable or incapacitated, the office of Principal Executive Officer may be filled by a remaining Town Council member by the majority vote among the remaining Town Council members. If the President, Vice-President, and Town Council member receiving the first majority vote are unavailable or incapacitated, the office of Principal Executive Officer may be filled by a remaining Town Council member by the majority vote among the two remaining Town Council members and the Town Clerk-Treasurer. If the President, the Vice-President, the Town Council member receiving the first majority vote, and the Town Council member receiving the second majority vote are unavailable or incapacitated, the remaining Town Council member shall be considered the Principal Executive Officer. In the absence or incapacity of all Town Council members, the office of Principal Executive Officer shall devolve first upon the Town Clerk-Treasurer, and, second, upon the Town Marshal.
   (B)   The Principal Executive Officer of the town selected by the above procedure, if not a member of the Town Council, shall exercise all powers and fulfill all duties of the Principal Executive Officer under I.C. § 10-14-3 et seq. until such time as a Town Council member shall no longer be unavailable or incapacitated, at which time the Town Council member holding the highest office and which is not unavailable or incapacitated, shall assume all the powers and duties as the Principal Executive Officer. The Principal Executive Officer of the town selected by the above procedure, if a member of the Town Council, shall exercise all powers and fulfill all duties of the Principal Executive Officer under I.C. § 10-14-3-29 et seq. until such time as the regularly designated President of the Town Council shall no longer be unavailable or incapacitated, at which time the regularly designated President of the Town Council shall resume all the powers and duties as the Principal Executive Officer.
(Ord. IV-F-3(2)a, passed 6-28-12)
Cross-reference:
   Local Disaster Emergency Burn Ban, see also §§ 90.20 et seq.
CHAPTER 32:  DEPARTMENTS, BOARDS AND COMMISSIONS
Section
   32.01   Department of Redevelopment
   32.02   Redevelopment Authority
   32.03   Volunteer Fire Department
§ 32.01  DEPARTMENT OF REDEVELOPMENT.
   (A)   A Department of Redevelopment is hereby established to be known as the “Town Redevelopment Commission.”
   (B)   The Town Redevelopment Commission shall operate with all the powers, obligations and privileges authorized under I.C. § 36-7-14-1 et seq. as the same is presently in force and effect, or as it may be amended.
   (C)   The town hereby accepts all the obligations and responsibilities set forth according to the statute.
   (D)   The  Town Redevelopment Commission shall annually report at the first regularly-scheduled meeting in January of each year to the Town Council.
(Ord. II-C-4-a(1), passed 7-8-93)
§ 32.02  REDEVELOPMENT AUTHORITY.
   (A)   A Redevelopment Authority is hereby established in the Town of Shipshewana, Indiana, to be known as the "Town of Shipshewana Redevelopment Authority" and shall be controlled by a Board of three members to be known as the "Town of Shipshewana Redevelopment Authority Board."
   (B)   The Town of Shipshewana Redevelopment Authority shall operate with all the powers, obligations and privileges authorized under I.C. § 36-7-14.5 as the same is presently in force and effect, or as it may be amended from time to time.
   (C)   The Town Council shall appoint three members to the Town of Shipshewana Redevelopment Authority Board, and each member shall take and subscribe an oath of office, as required by I.C. § 36-7-14.5. The members appointed to the Town of Shipshewana Redevelopment Authority Board shall be selected by the Town Council, shall be residents of the town and shall be entitled to serve a three-year term, all as required by I.C. § 36-7-14.5.
(Ord. II-C-5-4(1), passed 10-24-04)
§ 32.03  VOLUNTEER FIRE DEPARTMENT.
   (A)   The Council hereby establishes within the town a department to be known and designated as the Shipshewana Volunteer Fire Department. The Volunteer Fire Department shall have the meaning set forth in I.C. § 36-8-12-2.
   (B)   There is hereby established by-laws for the Shipshewana Volunteer Fire Department to be known and designated as the Shipshewana Volunteer Fire Department By-Laws, attached to the ordinance codified herein as Exhibit A and incorporated herein by reference. The by-laws shall govern the duties and functions of the Shipshewana Volunteer Fire Department.
(Ord. IV-H-1, passed 1-28-10)
CHAPTER 33:  POLICE DEPARTMENT
Section
Standard Operating Procedures
   33.01   Procedures adopted
   33.02   Compliance with procedures
   33.03   Amendments
Town Marshal
   33.15   Office established
   33.16   Powers and duties
   33.17   Appointment of Deputy Marshals
   33.18   Accident report account
   33.19   Marshal to report to Town Council
Reserve Deputy Marshal Force
   33.30   Department created; number of positions authorized; appointment
   33.31   Powers and status
   33.33   Allowances and reimbursements
   33.33   Residency requirement
   33.34   Rules and regulations
Residency
   33.40   Requirements
   33.41   Transportation
   33.42   Telephone service
STANDARD OPERATING PROCEDURES
§ 33.01  PROCEDURES ADOPTED.
   The standard operating procedures for the town are hereby adopted. Due to the number and physical size of such standard operating procedures they are not attached hereto, but are incorporated by reference as though set forth fully herein. The Clerk-Treasurer shall keep and maintain two true, complete, and legible copies of such standard operating procedures at the office of the Clerk-Treasurer, and shall be open to public inspection during office hours.
(Ord. II-F-2-a(3), passed 4-27-89)
§ 33.02  COMPLIANCE WITH PROCEDURES.
   The Town Marshal, Deputy Town Marshals, and the Police Reserves shall review the standard operating procedures and shall conform their conduct thereto, without exception, in routine and emergency matters.
(Ord. II-F-2-a(3), passed 4-27-89)
§ 33.03  AMENDMENTS.
   The Town Council of the town may, from time to time and as such Town Council deems necessary, alter, change, amend, modify, or repeal any or all of such standard operating procedures by Town Council action, and no provision contained therein shall be deemed, construed, or interpreted to create in any person, organization, partnership, firm, or corporation any property right or legal interest of any nature whatsoever.
(Ord. II-F-2-a(3), passed 4-27-89)
TOWN MARSHAL
§ 33.15  OFFICE ESTABLISHED.
   The office of Town Marshal in and for the town is hereby established. The Town Marshal shall be appointed by, and serve at the pleasure of, the Town Council, which shall also fix the compensation of the Town Marshal in the same manner and through the same procedures as all other town employees.
(Ord. II-F-2-a(2), passed 9-24-87)
§ 33.16  POWERS AND DUTIES.
   The Town Marshal shall generally enforce the laws of the town, the county, the state, and the United States of America. In all respects, the Town Marshal shall have all the powers, duties, liabilities and responsibilities granted and imposed by the laws of the state, including, but not limited to, I.C. § 36-5-7, as amended.
(Ord. II-F-2-a(2), passed 9-24-87)
§ 33.17  APPOINTMENT OF DEPUTY MARSHALS.
   (A)   The Town Marshal may appoint Deputy Town Marshals in emergency situations, which Deputy Town Marshals shall serve only for the duration of the emergency. Deputy Town Marshals appointed for emergencies shall be compensated at the same rate as other Deputy Town Marshals appointed under division (B) of this section, but only for actual time spent in service to the town. Due to the emergency nature of such situations, Deputy Town Marshals appointed under this division shall serve without bond.  (Ord. II-F-2-a(2), passed 9-24-87)
   (B)   In all other situations except those encompassed by division (A) of this section, the Town Council shall appoint Deputy Town Marshals, fix the amount of their bonds, determine their compensation, and ascertain their term of service.  (Ord. II-F-2-a(2), passed 9-24-87)
   (C)   Except in the case of an emergency situation, the Town Council hereby fixes the number of Deputy Marshals at no more than two. (Ord. II-F-2-a(7), passed 9-9-99)
§ 33.18  ACCIDENT REPORT ACCOUNT.
   There is hereby established an “Accident Report Account,” into which shall be deposited any and all monies collected as a fee for copies of accident reports kept and maintained by the Town Marshal.
   (A)   When investigating any and all accidents occurring within the town, the Town Marshal shall prepare and maintain written reports of his investigations, and further shall provide copies of the reports upon request.
   (B)   The Town Marshal shall provide copies of accident reports only upon written authorization signed by any person who has sustained any loss or damage by reason of the accident, or his duly authorized agent or attorney.
   (C)   The Town Marshal shall charge a fee of $1.50 per page for copies, and shall issue a receipt for each fee collected.
   (D)   At least semi-monthly, the Town Marshal shall remit all monies collected for accident report copies to the Clerk-Treasurer. The Clerk-Treasurer shall credit the accident report account appropriately, and deposit the monies into the town's general bank account.
   (E)   The funds collected in the accident report account may be expended for any purpose reasonably related to law enforcement in the town. Any expenditures must receive prior authorization by the Town Council, and shall be paid without appropriation on the basis of a claim filed.
(Ord. II-F-2-a(2), passed 9-24-87)
§ 33.19  MARSHAL TO REPORT TO TOWN COUNCIL.
   The Town Marshal shall report upon his actions and activities in enforcing the law at the times and places as directed by the Town Council.
(Ord. II-F-2-a(2), passed 9-24-87)
RESERVE DEPUTY MARSHAL FORCE
§ 33.30  DEPARTMENT CREATED; NUMBER OF POSITIONS AUTHORIZED; APPOINTMENT.
   (A)   Pursuant to I.C. § 36-8-3-20, the town specifically creates the Department of Police Reserves.
   (B)   The number of Police Reserves to be appointed by the town shall be four, though it is specifically contemplated that such number may be increased or decreased by subsequent action of the Town Council.
   (C)   Appointment as a Police Reserve for the town shall be made by the Town Council pursuant to such reasonable and appropriate standards as the Town Council may, from time to time, hereafter establish and implement.
(Ord. II-F-2-a(4), passed 4-27-89)
§ 33.31  POWERS AND STATUS.
   (A)   The Reserve Officers so appointed shall not be deemed members of the regular police department or Marshal's office for the town; however, Police Reserves so appointed shall have the same police powers of the regular Town Marshal Officers, except as limited by the rules of the Town Police Department and the Town Marshal as now existing or hereafter amended or adopted.
   (B)   The Reserve Officers appointed pursuant to this subchapter shall be deemed “SPECIAL OFFICERS” of the town consistent with I.C. § 5-2-1-2, and shall be exempt from the formal training and schooling requirements of “LAW ENFORCEMENT OFFICERS” as contemplated by I.C. § 5-2-1-2, unless directed otherwise by the Town Council.
(Ord. II-F-2-a(4), passed 4-27-89)
§ 33.32  ALLOWANCES AND REIMBURSEMENTS.
   Reserve Officers for the town shall have an allowance not to exceed $500 per year as may be granted by the Town Council as reimbursement for purchases, repairs, replacement or updating of equipment and uniforms.
(Ord. II-F-2-a(4), passed 4-27-89; Am. Ord. II-F-2-a(6), passed 9-10-98)
§ 33.33  RESIDENCY REQUIREMENT.
   Reserve Police Officers appointed by the Town Council pursuant to this subchapter shall be governed by the Rules and Regulations of the Reserve Deputy Marshal's Department of the town, dated April 27, 1989, as hereafter amended, and by such other rules and regulations as the Town Marshal or Town Council shall from time to time establish.
(Ord. II-F-2-a(5), passed 7-12-90)
§ 33.34  RULES AND REGULATIONS.
   The purpose of this program is to establish rules and regulations for the organization and operation of a Reserve Deputy Marshal Force to assist the Marshal in performing his daily duties and increase the amount of patrol time in the town.
   (A)   Authority and subscription.  Pursuant to authority granted to the Marshal and this Town Council by law, the following rules and regulations are hereby established for the operation of the Marshal's Reserve Police Department. No member shall be considered active until he has read same and agrees to abide by them.
   (B)   Code of ethics.  The following general rules of conduct are hereby established for members of the Department. All members of the Department shall:
      (1)   Regard themselves as members of an important and honorable profession and conduct themselves accordingly.
      (2)   Be mindful that they are servants of the public.
      (3)   Regard their office as a public trust and serve the public courteously, efficiently, and effectively at all times.
      (4)   Recognize the limits of their authority and at no time use the power of their office for personal advantage.
      (5)   Not solicit or accept any gratuity of any kind or nature that might limit their effectiveness as law enforcement officers.
      (6)   Cooperate with all other agencies of the executive, legislative and judicial branches of the government for the public welfare.
      (7)   Be exemplary in their conduct, both public and private, and obedient to all laws of the city, county, state and country.
      (8)   Be loyal and courteous to all superior officers who determine their courses of action and take responsibility for same.
      (9)   Add to their effectiveness as police officers by continual study and inquiry for self- improvement.
      (10)   Enforce the law and discharge all of their duties without favor or prejudice.
   (C)   Organization.  The Department shall be organized to most effectively conduct its business and may be reorganized from time to time by the Marshal with the approval of the Town Council whenever necessary for that purpose. The Department shall be organized as follows:
      (1)   Town Council.
      (2)   Police Commissioner.
      (3)   Town Marshal.
      (4)   Reserve Officers.
   (D)   Requirements powers, and duties of rank and grade.
      (1)   The Marshal appointed by the Town Council is, by law, the head of the Department and is responsible for the administration and all operations of the Department. All rules and regulations are authorized by him as well as future general and special orders when necessary.
      (2)   Regular Reserve Officers are officers appointed to the office by the Town Marshal, with approval of the Town Council. They shall perform all duties within reason that may be assigned to them by superior officer. The officer will have full police powers as per law for a Town Marshal in the state. They will be under the orders of the Town Marshal as to work hours, and the Town Marshal shall be their commanding officer, for purpose of organization of the Department.
   (E)   Line of command.  The normal line of command shall extend from top to bottom as set out on the table of organization and all contacts for whatever purpose shall follow same upwards and downwards whenever possible and practical except in emergencies, where no superior officer is present. The member with the longest amount of service shall be in command and responsible for actions of the group, unless the Marshal is at the scene and in charge.
   (F)   Basic skills to be acquired.  All officers appointed shall acquire, on their own initiative, within one year after their appointment, the following skills peculiar to the Marshal's office unless good cause can be shown for not doing so.
      (1)   Maintenance and wearing of proper uniform.
      (2)   Filing of all reports of the Department and be able to remove and properly replace all reports.
      (3)   Proper operation of Department field camera so as to take good pictures.
      (4)   Proper handcuffing and transporting of prisoners.
      (5)   Reports, when and for what required, and proper typing of same.
      (6)   Traffic direction as per military standards.
      (7)   Investigation of traffic accidents and reporting of same.
      (8)   Proper safe operation and maintenance of Department vehicles.
      (9)   Proper taking of original complaint in criminal offenses.
      (10)   Evaluation of such complaints and decision as to course of action.
      (11)   Protection of crime scene and preservation of evidence for investigators.
      (12)   Interviewing witnesses and suspects.
      (13)   Marking, tagging, and storing of evidence.
      (14)   Interrogation of suspects.
      (15)   Taking written statements from accused and witnesses.
      (16)   Preparation of evidence summary.
      (17)   Securing the indictment or charge by affidavit.
      (18)   Knowledge of the mechanics of arraignments.
      (19)   Knowledge of the procedures in court trials.
      (20)   Testifying in court.
      (21)   Surveillance and stakeout procedures.
      (22)   Proper methods of serving all papers directed to the Marshal.
      (23)   Knowledge of the law of arrest.
      (24)   Knowledge of the law regarding searches and seizures.
      (25)   Knowledge of the rights of prisoners.
      (26)   Knowledge of the rights of police regarding prisoners.
      (27)   Knowledge of the proper handling of juveniles.
      (28)   Proper arrest and disposition of mental patients.
      (29)   Knowledge of essential elements in common traffic laws.
      (30)   Knowledge of essential elements of common criminal laws.
      (31)   Proper methods of searching prisoners.
      (32)   Receipt and disbursement of severe weather information.
      (33)   Knowledge of county, city, state and federal officials that work the area and their powers and duties. Cooperation with them.
      (34)   Handling of special details.
      (35)   Knowledge of law pertaining to their right to stop motor vehicles.
      (36)   Knowledge of law pertaining to impounding of vehicles.
      (37)   Knowledge of law providing for the disposition of impounded and abandoned cars.
      (38)   Detainment without arrest methods.
      (39   Knowledge as to when firearms and other deadly force may be used against others.
      (40)   Rights of citizens in the United States Constitution, bill of rights.
      (41)   Mechanics to obtain arrest and search warrants.
      (42)   Knowledge of Department rules and regulations.
      (43)   How and where to find traffic and criminal laws and how to read them.
   (G)   Disciplinary measures.
      (1)   Oral reprimands may be given to any member of this Department by the superior officers at any time for correctional purposes and in each case the action shall be reported to the Marshal.
      (2)   Written reprimands, a more serious correctional measure, may be given any member of the Department by the Marshal for any infraction of the Department rules and regulations or for repeated procedural mistakes after oral reprimands.
      (3)   Temporary suspension or discharge.
      (4)   The terms MISCONDUCT and CAUSE TO TEMPORARILY SUSPEND, DEMOTE OR DISCHARGE shall include, but not be limited to, the following:
         (a)   Any act of malfeasance.
         (b)   Nonfeasance.
         (c)   Any demonstration of incompetence.
         (d)   Any act of misconduct.
         (e)   Conduct unbecoming an officer while on or off duty.
         (f)   Any act detrimental to the welfare of the Department or public.
         (g)   Violation of any existing laws.
         (h)   Neglect of duty.
         (i)   Violation of any rule or regulation of the Department.
         (j)   Failure to obey promptly any lawful order of a superior officer.
         (k)   Failure to cooperate with fellow officers or officers of any Department.
         (l)   Soliciting of gratuities.
         (m)   Refusal to take lie detector test as may be ordered by the Town Council.
         (n)   Failure to improve his effectiveness by continual study and inquiry.
         (o)   Failure to conduct his public and private life so as to be a good example of fidelity, stability and morality.
         (p)   Drinking to excess while off duty in public.
         (q)   Drinking alcoholic beverages while in uniform.
         (r)   Drinking alcoholic beverages while on duty.
         (s)   Appearing for duty or working while under the influence of any intoxicating beverage or with alcoholic breath odor.
         (t)   Knowingly making any false statement in any required oral or written report.
         (u)   Repeated failure to turn in required reports on time.
         (v)   Removing, without proper authorization, any Department reports.
         (w)   Attempting to intimidate any witness or attempting to influence the testimony of any witness for any reason.
         (x)   Incompatibility or inability to get along with other members of the Department.
         (y)   Discussing Department business with, or in hearing of, persons outside the Department without the Marshal's approval.
         (z)   Repeated appearance in uniform not up to standards.
         (aa)   Outside employment or pursuits that interfere with adequate performance on the job or any duty assigned.
         (bb)   Any act of cowardice.
         (cc)   Any misuse of Department equipment.
         (dd)   Failure to use any firearm without proper safety techniques.
   (H)   General orders and special orders.  General orders shall be issued from time to time by the Marshal. These should be filed and copies given to each member of the Department. General orders shall consist of instructions for course of action to be taken or restrictions of a general long term nature. Special orders shall also be issued by the Marshal from time to time and shall likewise be filed and distributed to each member of the Department. Such special orders shall consist of courses of action and of restrictions concerning a single even or matter of temporary significance.
   (I)   Membership in outside organizations. All members of the Department are prohibited from membership in or affiliation with any organization association or group that:
      (1)   The provisions of whose charter, constitution, by-laws, practices, customs or aims exact prior allegiance or consideration which might prevent them from performing their whole duty as members of the Department.
      (2)   Might interfere in any manner with the operation of the Department.
      (3)   Might interfere in any manner with the disciplining of any member of the Department or himself.
      (4)   Violates any city, county, state or federal laws, including the United States Constitutional rights.
   (J)   Reserve Deputy Marshals.
      (1)   Reserve Deputy Marshals shall attend a reserve school. Reserves shall purchase their own uniforms, firearms and other equipment needed to fulfill the position as Reserve Deputy Marshal, with the exception of patches, badges and ammunition.
      (2)   Appointment of all Reserve Deputy Marshals shall be as follows:  any person wishing to become a Reserve Deputy Marshal must complete an application and authorize a background check, to be completed by the Marshal. Once the background check is completed, all information should be presented to the Town Council for approval. The following requirements must be met:
         (a)   Applicant must be at least 21 years of age.
         (b)   Applicant must be in good mental and physical health.
         (c)   Applicant must have a high school diploma or equivalent.
         (d)   Applicant must reside within a certain distance from the town determined by Town Council.
      (3)   Upon approval, the Reserve Deputy Marshal will be classified in one of the three following ranks:
         (a)   Third class Reserve Deputy Marshal.  A third class Reserve Deputy Marshal must complete dispatching technique requirements which include, but are not limited to, proper police terminology, radio procedures, telephone answering procedures and understanding of computer information. During the third class status, the Reserve Deputy Marshal must also qualify through the Department's firearms instructor as a marksman or better. The Reserve Deputy Marshal will remain third class until a written statement is received by the Marshal, from both the Chief Dispatcher of the County Sheriff's Department and the Department's Firearms Instructor, stating the third class Reserve Deputy Marshal has met the above requirements.
         (b)   Second class Reserve Deputy Marshal.  A second class Reserve Deputy Marshal must be with either the Marshal or a first class Reserve Deputy Marshal at all times. During this time, the second class Reserve Deputy Marshal will learn street names, business locations, town ordinances and other information that is required to work alone. The second class Reserve Deputy Marshal will remain second class until the Marshal believes the Reserve Deputy Marshal is capable of working alone. The length of time required to become a first class Reserve Deputy Marshal will depend on the amount of time the Reserve Deputy Marshal volunteers to work and knowledge of duties and laws obtained through this program or from past experience.
      (4)   (a)   Promotion of first class Reserve Deputy Marshals.  Once the Marshal believes the Reserve Deputy Marshal is ready for a promotion to first class, a meeting should be arranged with the Police Commissioner for an evaluation of the second class Reserve Deputy Marshal. The Police Commissioner, the Marshal and the Reserve Deputy Marshal shall be present. The Police Commissioner should decide or have the Town Council decide if the Reserve Deputy Marshal should be promoted to first class.
         (b)   First class Reserve Deputy Marshals.  A first class Reserve Deputy Marshal shall have the same duties and arrest powers as the Marshal, assist and be able to assist the Marshal and other police officers when available. The first class Reserve Deputy Marshal shall be permitted to perform his duties alone and have the authority to train second class Reserve Deputy Marshals.
(Ord. passed 4-27-89)
RESIDENCY
§ 33.40  REQUIREMENTS.
   Police officers in the Shipshewana Police Department must reside within two miles of the municipal boundaries of the town on or before each officer’s one-year anniversary of the date of hire.
(Ord. II-F-2-b(24), passed 9-25-08)
§ 33.41  TRANSPORTATION.
   Police officers in the Shipshewana Police Department must also have an adequate means of transportation into the town.
(Ord. II-F-2-b(24), passed 9-25-08)
§ 33.42  TELEPHONE SERVICE.
   Police officers in the Shipshewana Police Department must maintain in the member’s residence telephone service with the town.
(Ord. II-F-2-b(24), passed 9-25-08)
CHAPTER 34:  EMPLOYEE REGULATIONS
Section
General Provisions
   34.01   Employee categories
   34.02   Hours of work; breaks
   34.03   Overtime
   34.04   Compensatory time
   34.05   Wages and salaries; authority of Town Council
   34.06   Bonuses
   34.07   Retirement benefit plan
   34.08   Simple plan
   34.09   Personnel policy handbook
Employment Benefits
   34.15   Holidays
   34.16   Vacation
   34.17   Sick leave
   34.18   Bereavement leave
   34.19   Jury duty
   34.20   Unpaid leave of absence
Disciplinary Action
   34.30   Disciplinary policy
   34.31   Causes for disciplinary action
   34.32   Absenteeism
Electronic Communication and Computer Use Policy
   34.40   Purpose
   34.41   Prohibited communications
   34.42   Personal use
   34.43   Access to employee communications
   34.44   Software
   34.45   Security/appropriate use
   34.46   Encryption
   34.47   Participation in online forums
   34.48   Violations
   34.49   Employee agreement on use of e-mail and the Internet
Harassment and Sexual Harassment
   34.55   Purpose
   34.56   Policy
   34.57   Definitions
   34.58   Prohibited activity
   34.59   Responsibilities
   34.60   Complaint procedures
   34.61   Retaliation
Drug Free Workplace
   34.70   Purpose
   34.71   Definition
   34.72   Prohibitions
   34.73   Inquiries
Nepotism
   34.80   Nepotism
GENERAL PROVISIONS
§ 34.01  EMPLOYEE CATEGORIES.
   All personnel of the town shall be designated and classified as full-time, part-time or seasonal.
   (A)   Full-time.  Any municipal employee working 32 hours or more per week and for a period of more than 50 weeks continuously will be considered a full-time employee of the town and will receive all benefits listed in this chapter.
   (B)   Part-time.  Any municipal employee working less than 32 hours per week for more than 16 weeks continuously, and employees working 32 hours or more per week for fewer than 50 weeks continuously, but more than 16 weeks continuously, will be considered part-time employees of the town and will receive only those benefits hereafter specified.
   (C)   Seasonal.  Any municipal employee working less than 16 weeks continuously will be considered as a temporary employee of the town and will receive only those benefits hereafter specified.
(Ord. II-F-2-b(12), passed 4-14-94)
§ 34.02  HOURS OF WORK; BREAKS.
   (A)   Except as set forth in division (B) of this section for Police Department employees, the normal work week shall consist of five eight-hour days, 40 hours per week. Reference to a normal work week shall not be construed as a guarantee of any fixed or regular number or regularly recurring number of hours per day or week for any employee. The normal work week may be changed by the town whether such change is to reduce or extend the work week when, in the opinion of the town, it is necessary to promote efficient governmental operations.
   (B)   Full-time Police Department employees shall work 170 hours in a four week period.
   (C)   Any workday shall consist of the 24-hour period beginning at 12:01 a.m. and ending at 12:01 a.m.
      (1)   Breaks.  A break generally not to exceed 15 minutes will be allowed for each employee following four hours of work.
      (2)   Lunch.  A 60 minute non-paid lunch break shall be allowed each municipal employee that works an eight hour shift, with this break scheduled to fall approximately during the middle of each employee's shift. Police Department employees shall be allowed a 30 minute paid lunch during the employee's eight and one-half hour shift. The Police Department employee must remain available for assigned details during his lunch break.
(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96)
§ 34.03  OVERTIME.
   (A)   Any employee who is to be paid by the hour, or a salaried employee who is legally eligible for overtime, and works 40 hours during a work week will be paid for all overtime for all overtime worked at the rate of one and one-half their regular rate of pay, for work performed after 40 hours during the work week.
   (B)   The Town Manager and Town Marshal are hereby deemed to be exempt employees for F.L.S.A. purposes, and as such, are not eligible for overtime pay.
   (C)   Any utility superintendent or superintendent of building and grounds who is to be paid by the hour, or a salaried utility superintendent or superintendent of building and grounds who is legally eligible for overtime, and works on weekends or holidays regardless of the number of hours worked during the preceding weekdays will be paid as overtime at the rate of one and one-half their regular rate of pay, for work performed on a weekend or holiday. In the event a utility superintendent or superintendent of building and grounds is called in after having left the work site, to work after regular work hours, he or she will be paid a minimum of two hours overtime at the rate of one and one-half his or her regular rate of pay.
   (D)   Overtime shall be worked, when in the opinion of the town, it is necessary. The town reserves the right to withhold overtime work from employees who are absent from work without a justifiable reason.
(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96; Am. Ord. II-F-2-b(16), passed 10-28-99; Am. Ord. II-F-2-b(17), passed 12-9-99; Am. Ord. II-F-2-b(18), passed 5-11-00; Am. Ord. II-F-2-b(21), passed 5-10-01)
§ 34.04  COMPENSATORY TIME.
   All earned and accrued overtime shall be paid in cash and there shall be no compensatory time off benefit.
(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96; Am. Ord. II-F-2-b(17), passed 12-9-99)
§ 34.05  WAGES AND SALARIES; AUTHORITY OF TOWN COUNCIL.
   (A)   The wages and salaries to be paid to town officials and employees shall be as set by the Town Council from time to time.
   (B)   The Town Council is hereby authorized to hire, from time to time, part-time or seasonal employees to perform town duties.
   (C)   The number of part-time or seasonal employees, their rate of pay, and the hours and duration of their employment shall be as established by majority vote of the Town Council at the time that such employees are hired.
(Ord. II-F-1-d(2), passed 12-28-95)
§ 34.06  BONUSES.
   (A)   The Town Council is hereby empowered to grant to town employees bonuses over and above such employees' regular and customary salary or wage. Said bonuses may be granted or withheld, and shall be in amounts as determined, at the sole discretion of the Town Council.
   (B)   When considering the granting of bonuses, the Town Council shall consider all relevant factors including, but not limited to the following:
      (1)   The level of performance attained by the employee;
      (2)   The length of time employed by the town;
      (3)   The position held by the employee;
      (4)   The disciplinary history of the employee with the town;
      (5)   Any other relevant factor.
(Ord. II-F-1-d(146), passed 11-11-93; Am. Ord. II-F-1-d(216), passed 3-1-99)
§ 34.07  RETIREMENT BENEFIT PLAN.
   The town may from time to time establish and maintain a retirement plan for employees of the town. Employees who are otherwise eligible under the terms of any town retirement plan must successfully and satisfactorily complete a six-month probationary period before becoming eligible to enroll in the town retirement plan. At the conclusion of the probationary period, such new employee may become immediately enrolled in the plan and qualified for the next contribution. When a contribution has been made to the plan by the town on behalf of an employee, such contribution immediately becomes 100% vested in the employee.
(Ord. II-F-2-b(19), passed 7-13-00)
§ 34.08  SIMPLE PLAN.
   The town hereby establishes a savings incentive match plan for employees of small employers (the "Simple Plan") pursuant to Internal Revenue Code § 408(p). The Simple Plan shall be as set forth in the Simple Plan documents, including the Internal Revenue Code and its regulations, as they apply to the Simple Plan through its Employee Policy Manual for the town, any handbook, or any other means it deems reasonable.
(Ord. II-F-1-d(236), passed 7-13-00)
§ 34.09  PERSONNEL POLICY HANDBOOK.
   The Town Council of the Town of Shipshewana, Indiana, hereby adopts the Personnel Policy Handbook, attached to the ordinance codified herein, the same as if set out in full herein. All ordinances, resolutions, handbooks, and written policies of the Town Council in conflict therewith are hereby repealed and of no further effect.
(Ord. II-F-2-b(25), passed 12-30-08; Ord. II-F-2-b(31), passed 7-9-15)
EMPLOYMENT BENEFITS
§ 34.15  HOLIDAYS.
   (A)   It shall be the policy of the town to ensure that all full-time non-exempt employees will be paid for those holidays which they have earned at their regular daily hourly rate of pay. These holidays shall be:
      (1)   New Year’s Day;
      (2)   Good Friday (½ day);
      (3)   Memorial Day;
      (4)   Independence Day;
      (5)   Labor Day;
      (6)   Thanksgiving Day (2 days); and
      (7)   Christmas (2 days).
   (B)   If any of these holidays fall on a Saturday, the preceding Friday shall be the observed holiday.
   (C)   If a non-exempt Police Department employee is required to work on a holiday, that holiday shall be taken by the employee within the four week pay period. Any employee absent without Town Council authorization on the last scheduled work day before the holiday and the next scheduled work day following a holiday, will not receive holiday pay.
   (D)   Any non-exempt full-time or part-time employee paid on an hourly basis and required to work or render services on a holiday will be compensated in accordance with the overtime policy stated in § 34.03.
(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96; Am. Ord. II-F-2-b(17), passed 12-9-99)
§ 34.16  VACATION.
   Full-time employees shall receive one week of paid vacation only after reaching their one year anniversary date of employment. Full-time employees shall receive two weeks of paid vacation after being employed for a period of two years following their anniversary date of employment. Full-time employees shall receive three weeks of paid vacation after being employed for a period of ten years following their anniversary date of employment. Full-time employees shall receive four weeks of paid vacation after being employed for a period of 15 years following their anniversary date of employment. All vacation time off must be approved by the employee's supervisor and/or Department Head. Requests for vacation time off must be submitted, in writing, no less than two weeks prior to the vacation period. Vacation time off must be taken in the 12 month period immediately following an eligible employee's anniversary date of employment and shall not accumulate beyond the 12 month period.
(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(16), passed 10-28-99)
§ 34.17  SICK LEAVE.
   (A)   Each full-time employee shall receive ten days of sick leave following completion of 90 consecutive days of employment, measured from their anniversary date of employment. Unused sick leave days shall not accumulate beyond ten days nor carry over to any succeeding year.
      (1)   Sick leave is to be utilized solely for the purpose of:
         (a)   Illness or injury of employees.
         (b)   Illness or injury within the immediate family needing the assistance of the employee (as certified by a physician).
      (2)   In order to qualify for sick leave pay, the employee must comply with the following conditions:
         (a)   Employee shall notify the Town Council or their Department Head of their absence prior to the start of the work shift.
         (b)   Employee shall keep the Town Council or their Department Head informed of the extent of their illness and anticipated day of return.
         (c)   A doctor's written certification of any illness may be required, and shall be provided, if requested, by the Town Council.
   (B)   The town will pay the difference between an employee's regular compensation and workmen's compensation if injured on the job. This compensation will continue until all accumulated paid leave is exhausted. Please note that employees who are injured or ill or who wish to care for a spouse or parent who is ill or injured or for the birth or adoption of a child, can qualify for an unpaid leave of absence pursuant to the Family and Medical Leave Act of 1993 (29 USC 2601 et seq.). Inquiries about this benefit must be made to the Town Council of the town.
(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(20), passed 2-22-01)
§ 34.18  BEREAVEMENT LEAVE.
   (A)   Employees may receive up to five consecutive days of leave during the work week, upon the death of a spouse, brother, sister, son, daughter, mother, father, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, father-in-law, or any family member residing in the same household.
   (B)   Employees may receive up to three consecutive days of leave, during the work week, upon the death of a grandparent, aunt, uncle, niece, nephew, or cousin.
   (C)   Sick leave or vacation leave can be utilized, upon the approval of the Town Council, if further time off is necessary following bereavement leave.
(Ord. II-F-2-b(12), passed 4-14-94)
§ 34.19  JURY DUTY.
   Employees shall be paid at their regular rate of compensation while serving on any jury; provided, however, that the employee must return any compensation earned for serving on the jury to the town; the employee may retain any compensation for mileage driven to and from the jury duty.
(Ord. II-F-2-b(12), passed 4-14-94)
§ 34.20  UNPAID LEAVE OF ABSENCE.
   (A)   Leave without pay may be granted a full-time employee (only after exhausting the previously mentioned categories of leave) for the following reasons:
      (1)   Maternity leave.
      (2)   Personal leave.
      (3)   Extended sick leave.
      (4)   Extended bereavement leave.
      (5)   Family and Medical Leave Act of 1993 (29 USC 2601 et seq.) purposes.
   (B)   Employees who wish to take leave without pay should make a request, in writing, to the Town Council stating the reason and approximate length of leave.
(Ord. II-F-2-b(12), passed 4-14-94)
DISCIPLINARY ACTION
§ 34.30  DISCIPLINARY POLICY.
   The town reserves the right to take appropriate disciplinary action, including suspension without pay and discharge, when in the opinion of the town, an employee's conduct prompts such disciplinary action. The town shall publish and distribute to employees “Principles of Disciplinary Action” which they shall observe at all times. The town reserves the right to amend, revise or otherwise affect such principles when, in the opinion of the town, it is necessary. Changes shall be distributed to employees prior to their effective date.
   (A)   The principles for discipline are unsatisfactory behavior and poor performance at the workplace, as well as conduct outside the workplace which adversely affects or otherwise causes disruption or embarrassment to the town.
   (B)   When employees are disciplined in a progressive manner, subject to stated exceptions, including conduct resulting in immediate discharge, it is hoped that the offending employee will recognize his/her violation of governing written policies or established work practices. Discipline will be administered consistently and for just cause. The basic progressive disciplinary steps are as follows:
      (1)   Oral reprimand.  Written notation of same placed in employee's file;
      (2)   Written reprimand.  Copy placed in employee's file;
      (3)   Three day layoff or working suspension.  Documented in employee's file; and
      (4)   Discharge.
   (C)   All disciplinary actions must be written with copies received by the supervisor and the employee. The town reserves the right to advance the progressive disciplinary steps, when, in its opinion, the conduct is so reckless, wanton or unacceptable or a criminal act has been committed at the workplace or elsewhere, that immediate discharge is warranted.
   (D)   Progressive disciplinary rules and procedures cannot be rigid thereby depriving individual supervisors of the authority to exercise prudent decision-making as well as evaluating each case of discipline on its own merits. In addition, the offenses listed in § 34.31 are by no means all inclusive. The town reserves the right to take disciplinary action, including discharge, in circumstances not set forth below or where the conduct, in the opinion of the town, is so unacceptable as to warrant immediate discipline.
   (E)   An employee will be discharged whenever he or she has violated four separate or, if applicable, the same offenses, or a combination of the same and separate offenses totaling four, within any rolling calendar month period of employment.
   (F)   Causes for discipline in § 34.31, which are identified with the “<>” symbol, are offenses which may be removed from the employee's disciplinary record if the offense has not been repeated during a five year period.
   (G)   All parties are encouraged to present all the facts and evidence in whatever form so that the decision-maker can make a just and prompt determination.
(Ord. II-F-2-b(12), passed 4-14-94)
§ 34.31  CAUSES FOR DISCIPLINARY ACTION.
Offense
1st
2nd
3rd
4th
V = Verbal Warning; W = Written Warning; S = 3-Day Layoff or 3-Day Working Suspension; D = Discharge
Offense
1st
2nd
3rd
4th
V = Verbal Warning; W = Written Warning; S = 3-Day Layoff or 3-Day Working Suspension; D = Discharge
<>
Failure to keep assigned equipment clean. Failure to ensure safety or maintenance of equipment.
V
W
S
D
Failure to follow safety procedures/policies. Failure to wear protective clothing/gear when required. Failure to follow posted state, federal OSHA regulations.
V
W
S
D
Horseplay on the job.
V
W
S
D
Failure to report accidents, including personal injury or damages to equipment or employee(s).
V
W
D
***
Intentionally directing a subordinate or co-worker to perform in a manner contradictory to town procedures or policies.
S
D
***
***
Unauthorized use of town property. (If an employee misappropriates town property for personal gain, see below.)
W
S
D
***
Theft/destruction of property, includes property of town or co-workers. Deliberate abuse or gross negligence which results in damages of $100 or more.
D
***
***
***
Reporting for work under the influence of alcohol or drugs; sale, distribution, or consumption of same either at the workplace or while on the job elsewhere.
D
***
***
***
 
Offense
1st
2nd
3rd
4th
V = Verbal Warning; W = Written Warning; S = 3-Day Layoff or 3-Day Working Suspension; D = Discharge
Offense
1st
2nd
3rd
4th
V = Verbal Warning; W = Written Warning; S = 3-Day Layoff or 3-Day Working Suspension; D = Discharge
Gross insubordination. Willful refusal to obey a directive of supervisors, or failure to perform assigned work.
D
***
***
***
Falsification of town records, including work records and required reports or data.
D
***
***
***
Making false, unsubstantiated, or frivolous claims for injury, compensation, illness, leave or disability.
D
***
***
***
Striking, concerted slowdown or withholding of services, or participation in a related job action.
D
***
***
***
Possession of a firearm or lethal weapon on the job or on town property. (Does not include proper storage of a legal weapon in an employee's personal vehicle or as otherwise permitted by the town for law enforcement personnel.)
D
***
***
***
Leaving place of work during work hours.
W
D
***
***
Making false, vicious or malicious statements about the town and its activities, services or employees.
W
S
D
***
Excessive absenteeism.
D
***
***
***
Working Suspensions may be used in lieu of a 3-Day Layoff without pay in the progressive disciplinary procedures
 
(Ord. II-F-2-b(12), passed 4-14-94)
§ 34.32  ABSENTEEISM.
   Employees who will be absent from work, for whatever reason, are required to contact their supervisors at least one hour before the start of their shift to report the absence. Failure to do so, unless it is completely beyond the capacity of the employee, will result in the absence being charged as unexcused.
(Ord. II-F-2-b(12), passed 4-14-94)
ELECTRONIC COMMUNICATION AND COMPUTER USE POLICY
§ 34.40  PURPOSE.
   (A)   To remain competitive, better serve our customers and provide our employees with the best tools to do their jobs, the Town of Shipshewana makes available to our workforce access to one or more forms of electronic media and services, including computers, e-mail, telephones, voicemail, facsimile machines, external electronic bulletin boards, online services, intranet, Internet and the World Wide Web.
   (B)   The Town of Shipshewana encourages the use of these media and associated services because they can make communication more efficient and effective and because they are valuable sources of information about vendors, customers, technology, and new products and services. However, all employees and everyone connected with the town should remember that electronic media and services provided by the town are town property and their purpose is to facilitate and support business. All computer users have the responsibility to use these resources in a professional, ethical and lawful manner.
   (C)   To ensure that all employees are responsible, the following guidelines have been established for using e-mail and the Internet. No policy can lay down rules to cover every possible situation. Instead, it is designed to express the Town of Shipshewana’s philosophy and set forth general principles when using electronic media and services.
(Ord. II-F-2-b-(22), passed 9-22-05)
§ 34.41  PROHIBITED COMMUNICATIONS.
   Electronic media cannot be used for knowingly transmitting, retrieving or storing any communication that is:
   (A)   Discriminatory or harassing;
   (B)   Derogatory to any individual or group;
   (C)   Obscene, sexually explicit or pornographic;
   (D)   Defamatory or threatening;
   (E)   In violation of any license governing the use of software; or
   (F)   Engaged in for any purpose that is illegal, contrary to Town of Shipshewana policy, or its business interests.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.42  PERSONAL USE.
   The computers, electronic media and services provided by the Town of Shipshewana are primarily for business use to assist employees in the performance of their jobs. Limited, occasional or incidental use of electronic media (sending or receiving) for personal, non-business purposes is understandable and acceptable, and all such use should be done in a manner that does not negatively affect the systems’ use for their business purposes. However, employees are expected to demonstrate a sense of responsibility and not abuse this privilege.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.43  ACCESS TO EMPLOYEE COMMUNICATIONS.
   Generally, electronic information created and/or communicated by an employee using e-mail, word processing, utility programs, spreadsheets, voicemail, telephones, Internet and bulletin board system access and similar electronic media is not reviewed by the town. However, the following conditions should be noted:
   (A)   The Town of Shipshewana does routinely gather logs for most electronic activities or monitor employee communications directly, for example, telephone numbers dialed, sites accessed, call length, and time at which calls are made, for the following purposes:
      (1)   Cost analysis;
      (2)   Resource allocation;
      (3) Optimum technical management of information resources; and
      (4)   Detecting patterns of use that indicate employees are violating company policies or engaging in illegal activity.
   (B)   The town reserves the right, at its discretion, to review any employee’s electronic files and messages to the extent necessary to ensure electronic media and services are being used in compliance with the law, this policy and other company policies.
   (C)   Employees should not assume electronic communications are completely private. Accordingly, if they have sensitive information to transmit, they should use other means.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.44  SOFTWARE.
   To prevent computer viruses from being transmitted through the company’s computer system, unauthorized downloading of any unauthorized software is strictly prohibited. Only software registered through the Town of Shipshewana may be downloaded. Employees should contact the Systems Administrator if they have any questions.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.45  SECURITY/APPROPRIATE USE.
   (A)   Employees must respect the confidentiality of other individuals’ electronic communications. Except in cases in which explicit authorization has been granted by the town, employees are prohibited from engaging in, or attempting to engage in:
      (1)   Monitoring or intercepting the files or electronic communications of other employees or third parties;
      (2)   Hacking or obtaining access to systems or accounts they are not authorized to use;
      (3)   Using other people’s log-ins or passwords; and
      (4)   Breaching, testing or monitoring computer or network security measures.
   (B)   No e-mail or other electronic communications can be sent that attempt to hide the identity of the sender or represent the sender as someone else.
   (C)   Electronic media and services should not be used in a manner that is likely to cause network congestion or significantly hamper the ability of other people to access and use the system.
   (D)   Anyone obtaining electronic access to other companies’ or individuals’ materials must respect all copyrights and cannot copy, retrieve, modify or forward copyrighted materials except as permitted by the copyright owner.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.46  ENCRYPTION.
   Employees can use encryption software supplied to them by the Systems Administrator for purposes of safeguarding sensitive or confidential business information. Employees who use encryption on files stored on a company computer must provide their supervisor with a sealed hard copy record (to be retained in a secure location) of all of the passwords and/or encryption keys necessary to access the files.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.47  PARTICIPATION IN ONLINE FORUMS.
   (A)   Employees should remember that any messages or information sent on town-provided facilities to one or more individuals via an electronic network (for example, Internet mailing lists, bulletin boards, and online services) are statements identifiable and attributable to the town.
   (B)   The town recognizes that participation in some forums might be important to the performance of an employee’s job. For instance, an employee might find the answer to a technical problem by consulting members of a news group devoted to the technical area.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.48  VIOLATIONS.
   Any employee who abuses the privilege of his or her access to e-mail or the Internet in violation of this policy will be subject to corrective action, including possible termination of employment, legal action and criminal liability.
(Ord. II-F-2-b(22), passed 9-22-05)
§ 34.49  EMPLOYEE AGREEMENT ON USE OF E-MAIL AND THE INTERNET.
   “I have read, understand and agree to comply with the foregoing policies, rules and conditions governing the use of the Company’s computer and telecommunications equipment and services. I understand that I have no expectation of privacy when I use any of the telecommunication equipment or services. I am aware that violations of this guideline on appropriate use of the e-mail and Internet systems may subject me to disciplinary action, including termination from employment, legal action and criminal liability. I further understand that my use of the e-mail and Internet may reflect on the image of the Town of Shipshewana to our customers, competitors and suppliers and that I have responsibility to maintain a positive representation of the town. Furthermore, I understand that this policy can be amended at any time.” Signed and dated _______________.
(Ord. II-F-2-b(22), passed 9-22-05)
HARASSMENT AND SEXUAL HARASSMENT
§ 34.55  PURPOSE.
   (A)   The purpose of this policy is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating  and resolving complaints of harassment. Federal law provides for the protection of classes of persons based on race, color, sex, religion, age, disability and national origin. Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co-workers. No employee, either male or female, should be subjected to such conduct.
   (B)   Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, and will lead to termination for violations.
   (C)   The town shall adhere to the following procedures so as to prevent harassment from occurring and respond to any claims of harassment.
(Res. II-F-2-B(23), passed 7-13-06)
§ 34.56  POLICY.
   (A)   It is the policy of the Town of Shipshewana (“the town”) that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian or volunteer, as well as non-employees who conduct business with the town. The town considers harassment serious misconduct. Therefore, the town shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment. A violation of this town policy can lead to discipline up to and including termination.
   (B)   Individuals covered under the policy include all persons employed with the town, whether sworn or civilian. This policy also covers all volunteers and interns associated with the town.
(Res. II-F-2-B(23), passed 7-13-06)
§ 34.57  DEFINITIONS.
   (A)   The Code of Federal Regulations  (29 C.F.R. §1604.11) defines sexual advances or requests for sexual favor when:
      (1)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
      (2)   Submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
      (3)   Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
   (B)   Examples of sexual harassment may include, but are not limited to, unwanted sexual advances; explicit sexual propositions; demands for sexual favors in exchange for favorable treatment or continued employment; repeated sexual innuendos, suggestive comments, sexually oriented kidding, teasing or practical jokes; jokes about gender-specific traits; foul or obscene body language or gestures; display of foul or obscene body language or gestures; display of foul or obscene printed or visual material; sending or viewing sexually explicit jokes, pictures or other information via e-mail or the Internet; and physical contact such as touching, patting, pinching or brushing against another’s body. The offender of the victim of harassment may either be a man or a woman and, in addition, harassment can occur involving persons of the same or opposite sex.
   (C)   Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace.
(Res. II-F-2-B(23), passed 7-13-06)
§ 34.58  PROHIBITED ACTIVITY.
   (A)   No employee shall, either explicitly or implicitly, ridicule, mock, deride or belittle any person.
   (B)   Employees shall not make offensive or derogatory comments to any person, either directly or  or indirectly, against any person based on race, color, sex, religion, age and/or disability. Such harassment is a prohibited form of discrimination under state and federal law and is also considered serious misconduct, subject to disciplinary action, up to and including dismissal from the town.
(Res. II-F-2-B(23), passed 7-13-06)
§ 34.59  RESPONSIBILITIES.
   (A)   Supervisor responsibilities. Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes, but is not limited to:
      (1)   Monitoring the work environment on a daily basis for signs that harassment may be occurring;
      (2)   Counseling all employees on the types of behavior prohibited, and the town procedures for reporting and resolving complaints of harassment;
      (3)   Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and
      (4)   Taking immediate action to prevent retaliation towards a complaining party and to eliminate any hostile work environment where there has been a complaint of harassment, pending investigation.
         (a)   If a situation requires separation of the parties, care should be taken to avoid actions that appear to punish the complainant.
         (b)   Transfer or reassignment of any of the parties involved should be voluntary, if possible, and if non-voluntary, should be temporary pending the outcome of the investigation.
      (5)   Each supervisor has the responsibility to assist any employee of this town, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Town Manager for investigation.
   (B)   Employee responsibilities.  Each employee of this town is responsible for assisting in the prevention of harassment through the following acts:
      (1)   Refraining from participation in, or encouragement of, actions that could be perceived as harassment;
      (2)   Reporting acts of harassment to a supervisor; and
      (3)   Encouraging any employee who confides that he/she is being harassed to report these acts to a supervisor.
   (C)   Failure of an employee to carry out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline.
(Res. II-F-2-B(23), passed 7-13-06)
§ 34.60  COMPLAINT PROCEDURES.
   (A)   Any employee encountering harassment is encouraged to inform the harassing person that his/her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation.
   (B)   Any employee who believes that he or she is being harassed should report the incident(s) to his or her supervisor as soon as possible, so steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where, in the opinion of the employee, this is not practical, the employee may instead file a complaint with another supervisor, Town Manager, or the Clerk-Treasurer. In instances where the Town Manager is accused of harassment, the Clerk-Treasurer shall be notified and will direct the investigation.
      (1)   The supervisor or other person to whom the complaint is given shall meet with the complaining employee and document the incident(s) complained of, the person(s) performing or participating in the alleged harassment, witnesses to the incident(s) and the date(s) on which it (they) occurred.
      (2)   The employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the Town Manager.
   (C)   The internal investigating authority designated by the Town Manager shall be responsible for investigating any complaint alleging harassment or discrimination.
      (1)   The internal investigating authority shall immediately notify the Town Marshal and the Town Attorney’s Office if the complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault.
      (2)   The investigator shall include a determination as to whether other employees are being harassed by the person, and whether other agency members participated in or encouraged the harassment.
      (3)   The Town Manager shall inform all parties involved of the outcome of the investigation.
      (4)   A file of harassment complaints shall be maintained in the Office of the Town Manager and the Town Manager shall compile an annual summary of all harassment complaints.
      (5)   Findings of the investigation shall be entered into the member’s personnel file in accordance with town guidelines on internal investigations.
   (D)   The complaining party’s confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances.
   (E)   Complainants or employees accused of harassment may file a grievance/appeal in accordance with town procedures and applicable state law when they disagree with the findings of the investigation or disposition of the harassment claim.
   (F)   This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.
(Res. II-F-2-B(23), passed 7-13-06)
§ 34.61  RETALIATION.
   (A)   There shall be no retaliation against any employee for filing a harassment complaint, or for assisting, testifying or participating in the investigation of such a complaint.
   (B)   Retaliation against any employee for a harassment complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by the town and by federal law.
   (C)   Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be considered in the same manner (same complaint procedures) as a complaint for harassment.
   (D)   Monitoring to ensure that retaliation does not occur is the responsibility of the Town Manager, supervisors and the internal investigative authority.
(Res. II-F-2-B(23), passed 7-13-06)
DRUG FREE WORKPLACE
§ 34.70  PURPOSE.
   The town is committed to the development and maintenance of a drug and alcohol free work environment and, in accordance with the Federal Drug Free Workplace Act of 1988, will not tolerate the unlawful possession or use of controlled substances while on the job or impairment from alcohol in the workplace. Compliance with the provisions of this policy is a condition of employment.
(Ord. --, passed 9-11-08)
§ 34.71  DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   CONTROLLED SUBSTANCE.  A controlled substance is any substance listed in Schedules I through V of § 202 of the Federal Controlled Substance Act, 21 U.S.C. 812, and 21 C.F.R. §§ 1308.11 - 1308.15, as well as prescription controlled substances which have not been prescribed by a licensed physician or dentist for specific treatment purposes for the employee.
(Ord. --, passed 9-11-08)
§ 34.72  PROHIBITIONS.
   Town employees are subject to the following.
   (A)   The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by an employee in all town work locations is prohibited. An employee may possess and use a controlled substance, which is properly prescribed for him or her by a medical practitioner, provided however that abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this policy. 
   (B)   On the job use of or impairment from alcohol by an employee in all town work locations is prohibited.
   (C)   An employee who unlawfully manufactures, distributes, dispenses, possesses or uses controlled substances in the workplace will be subject to disciplinary procedures consistent with applicable laws, rules, regulations, and collective bargaining agreements, including immediate dismissal from the employment with the town.
   (D)   An employee who uses alcohol on the job or is impaired from the use of alcohol in the performance of the job will be subject to disciplinary procedures consistent with applicable laws, rules, regulations and collective bargaining agreements, including immediate dismissal from the employment with the town.
   (E)   Any town employee convicted of a criminal drug or alcohol statute violation occurring in or on property owned or controlled by the town must provide a signed written notification to his or her supervisor of the conviction within five days after the conviction. As required by the Federal Drug Free Workplace Act of 1988, the town will inform any and all federal funding or granting agencies of such convictions within ten days after receiving notification from the employee or otherwise receiving notice of a conviction.
   (F)   The town will make every effort to maintain a drug and alcohol free workplace. This effort may include requiring the town employee to attend drug and alcohol awareness education and/or an employee assistance program.
(Ord. --, passed 9-11-08)
§ 34.73  INQUIRIES.
   Questions about this policy should be referred to the Town Manager or Town Clerk-Treasurer.
(Ord. --, passed 9-11-08)
NEPOTISM
§ 34.80  NEPOTISM.
   (A)   The town hereby adopts the terms and conditions of I.C. 36-1-20.2 et seq., as amended, setting forth the requirements for the employment of relatives by the town in a direct line of supervision, as said terms are defined in I.C. 36-1-20.2 et seq., as amended, and any other applicable requirements for the town as set forth in I.C. 36-1-20.2 et seq., as amended, which shall be known as the town of Shipshewana Nepotism Policy. This Nepotism Policy shall be effective as of July 1, 2012 and shall be in addition to and supplement any current Nepotism Policy in force for the town that does not conflict with I.C. 36-1-20.2 et seq., as amended.
   (B)   The town hereby adopts the terms and conditions of I.C. 36-1-21 et seq., as amended, setting forth the requirements for the town to enter into or renew a contract with an individual who is a relative of an elected official of the town or a business entity that is wholly or partially owned by a relative of an elected official, as said terms are defined in I.C. 36-1-21 et seq., as amended, and any other applicable requirements for the town as set forth in the I.C. 36-1-21 et seq., as amended. This Conflict of Interest Policy shall be effective as of July 1, 2012 and shall be in addition to and supplement any current Conflict of Interest Policy in force for the town that does not conflict with the I.C. 36-1-21 et seq., as amended.
   (C)   The Town Clerk-Treasurer is authorized and instructed to disburse the policies herein to all town employees and officials.
(Ord. II-F-2-b(29), passed 6-14-12)
CHAPTER 35:  TOWN POLICIES
Section
General Provisions
   35.01   Reimbursements for out-of-pocket expenses
   35.02   Rates and charges for town labor and equipment charges
   35.03   Procedures for determining economic revitalization areas
   35.04   Purchasing agency and agents
   35.05   Inspection and copying of public records of a public agency
   35.06   Accident report fees
   35.07   Internal control procedures
   35.08   Vehicle inspection services
Capital Asset Policy
   35.20   Purpose
   35.21   Classification of assets
   35.22   Capitalization thresholds
   35.23   Historical cost or estimated historical costs
   35.24   Estimated useful lives of depreciable assets
   35.25   Depreciation method/convention
   35.26   Retirements
   35.27   Responsibility for property record maintenance
   35.28   Property control
Identity Theft Prevention Program
   35.40   Findings
   35.41   Definitions
   35.42   Red flags
   35.43   Suspicious transactions
   35.44   Compliance officer and training
   35.45   Notification of law enforcement
   35.46   Confidentiality of applications and account information
   35.47   Access to account information
   35.48   Annual report
Credit Card Use Authorization
   35.60   Definitions
   35.61   Authorization
   35.62   Accounting system
   35.63   Purposes for credit cards
   35.64   Employee responsibility
   35.65   Supporting documentation
   35.66   Late payment fees
   35.67   Annual fees
GENERAL PROVISIONS
§ 35.01  REIMBURSEMENTS FOR OUT-OF-POCKET EXPENSES.
   (A)   It is the policy of the town to reimburse officials, employees and agents of the town for actual out-of-pocket expenses incurred while conducting town business.
   (B)   The rate for town officials, employees and agents for reimbursement for mileage in the performance of their official duties shall be equal to the sum per mile paid to state officials and employees as amended from time to time.  All other reimbursements shall be for the actual out-of-pocket costs.
   (C)   Requests by officials, employees, and agents of the town shall be supported by proper receipts and a fully executed claim form. Requests for reimbursement must be made within 60 days of the date such expenses were incurred.
   (D)   Requests by officials, employees, and agents of the town for reimbursement must be approved by a majority vote of the Town Council. In the event that the official, employee, or agent requesting reimbursement is a Councilmember, a unanimous vote of the  remaining Councilmembers shall be required for reimbursement.
   (E)   Reimbursements, properly verified and approved, shall be paid by the Clerk-Treasurer from the fund or funds appropriate to the town business for which the out-of-pocket expenses were incurred. The Clerk-Treasurer shall, at all times, observe and comply with the rules and regulations promulgated by the State Board of Accounts as same may be amended from time to time.
(Ord. II-F-2-b(5), passed 1-28-88; Am. Ord. II-F-2-b(13), passed 8-14-97)
§ 35.02  RATES AND CHARGES FOR TOWN LABOR AND EQUIPMENT CHARGES.
   (A)   Private citizens and local businesses who damage or destroy property owned, completely or partially, by the town, shall bear all costs associated therewith. Such costs shall include, but not be limited to, the payment of all charges for materials (at the actual cost thereof to the town), labor, and equipment supplied by the town.
   (B)   The charges for labor supplied by the town shall be calculated at the rate of $26.00 per man hour for labor supplied between the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday, and at the rate of $39.00 per man hour for labor supplied at any other time. The charges for equipment supplied by the town shall be calculated at the rate of $75.00 per hour for each piece of equipment used. Labor and equipment charges shall be billed separately.
(Ord. II-F-2-b(8), passed 9-12-91; Am. Ord. II-F-2-b(11), passed 2-25-93: Am. Ord. II-F-b(31), passed 4-14-16)
§ 35.03  PROCEDURES FOR DETERMINING ECONOMIC REVITALIZATION AREAS.
   The following procedure is hereby adopted by the Town Council for designation of areas as economic revitalization areas:
   (A)   A person who desires designation of an area as an economic revitalization area, as defined by I.C. § 6-1.1-12.1-1, shall file an application at the office,of the Town Clerk-Treasurer, and pay a filing fee of $25 provided, however, that no filing fee shall be required for an owner-occupied, single family project.
   (B)   The application shall be on a form provided by the Town Clerk-Treasurer. The form shall require the applicant to provide, among other things, either:
      (1)   Maps and plats that identify the proposed economic revitalization area; or
      (2)   A simplified description of the boundaries of the proposed economic revitalization area describing its location in relation to public ways, streams, or otherwise.
   (C)   On receipt of such application, the Town Clerk-Treasurer shall:
      (1)   Note the date of filing on the application and record the date in the records in the town;
      (2)   Forward the petition to the Town Attorney with a request for the preparation of a declaratory resolution for the consideration by the Town Council, designating the area described in the petition as an economic revitalization area.
   (D)   The Town Attorney shall prepare a declaratory resolution and forward the application and the resolution to the Town Clerk-Treasurer, and shall include the same in the new business portion of the agenda of the Town Council meeting at its next regular meeting.
   (E)   The Town Clerk-Treasurer shall establish and apply to such application and resolution, a system of numbering corresponding to that adopted by the town.
   (F)   Upon introduction of the declaratory resolution, the same shall be eligible for passage on the same date as introduced, subject to the following procedure:
      (1)   Upon adoption of the resolution, the resolution shall be filed with the County Assessor;
      (2)   The Town Clerk-Treasurer shall publish notice in accordance with I.C. § 5-3-1 of the adoption and substance of the resolution and setting the resolution for public hearing;
      (3)   The Town Council shall hold a public hearing after due notice of publication, and after the public hearing provided for herein, the Town Council shall take final action on such declaratory resolution by either confirming, modifying and confirming, or rescinding the resolution.
(Ord. II-F-1-c(1), passed 7-12-84)
§ 35.04  PURCHASING AGENCY AND AGENTS.
   (A)   The Town Council hereby designates the Town Council as the Purchasing Agency for the town, with all of the powers and duties authorized under IC § 5-22 et seq.  The Town Council, as the purchasing agency of the town, hereby appoints five members of the Town Council, by majority rule, as the purchasing agents for the Town Council pursuant to IC § 5-22 et seq.  Said purchasing agents shall govern themselves in accordance with the provisions of IC § 5-22 et seq.
   (B)   Supplies manufactured in the United States shall be specified for all purchases and shall be purchased, unless the Town Council determines:
      (1)   The supplies are not manufactured in the United States in reasonably available quantities;
      (2)   The price of the supplies manufactured in the 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’s interest.
(Res. II-F-1-a(6), passed 6-25-98)
§ 35.05  INSPECTION AND COPYING OF PUBLIC RECORDS OF A PUBLIC AGENCY.
   (A)   This section is enacted in accordance with the provisions of I.C. §§ 5-14-3-1 et seq. as they relate to access to public records of a public agency within the limits of the town.
   (B)   Words and phrases when used in this section shall have the same meanings as statutorily defined under I.C. § 5-14-3-2.
   (C)   Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided by state statute.
   (D)   (1)   A request for inspection or copying must be in writing and identify with reasonable particularity the record being requested. No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by statute.
      (2)   The public agency shall allow the person to inspect, manually transcribe or make notes, abstracts, or memoranda of the public record. In the case of tape recording or other oral public records, the person shall be allowed to listen and manually transcribe or make notes, abstracts or memoranda from them.
      (3)   The public agency shall allow the person to copy, which includes to transcribe by handwriting, photocopy, xerography, duplicating or reproducing by any other means, the public record. The public agency shall not, however, perform any of said copying, photocopying, duplicating or reproduction for any person who wishes to copy the public records of any public agency. The public agency shall allow the person to make said copies on the agency's equipment pursuant to a fee schedule established by the public agency.
   (E)   A public agency may establish a fee schedule for the certification, copying or facsimile machine transmission of documents. The fee schedule for certifying, copying or facsimile machine transmission shall not be less than $.25 nor more than the actual cost of certifying, copying, or facsimile machine transmission of the document. Payment for all costs associated with certification, copying or facsimile machine transmission of documents shall be paid in advance by the person requesting to inspect and copy any public record of the public agency. The public agency may not charge a fee to inspect a public record or to search for, examine, or review a record to determine whether a record may be disclosed unless specified by statute or ordered by a court or competent jurisdiction.
(Res. II-F-1-d(214), passed 12-10-98)
§ 35.06  ACCIDENT REPORT FEES.
   (A)   A fee of $5.00 shall be charged by the Office of the Town Marshal of the Town of Shipshewana for each accident report created by a law enforcement officer pursuant to I.C. § 9-26.
   (B)   The fee collected under division (A) above shall be deposited in a separate account known as the “Local Law Enforcement Continuing Education Fund” established by I.C. § 5-2-8-2.
(Ord. II-F-2-a(8), passed 6-24-04)
§ 35.07  INTERNAL CONTROL PROCEDURES.
   (A)   Definitions. For purposes of this chapter and for carrying out the duties prescribed by it, the following definitions are adopted:
      MANAGEMENT. Include the Town Manager with respect to the town as a whole, the Town Clerk-Treasurer with respect to any department or person handling or having access to any public funds, and all department heads with respect to their department in the town.
      OVERSIGHT COMMITTEE or OVERSIGHT BODY.  The Town Council, acting as a committee of the whole in pursuit of its obligations under I.C. 5-11-1-27 and the manual.
   (B)   Mission. The town finds that its mission as related to internal control system is as follows: To serve the people of the Town of Shipshewana with integrity, efficiency and transparency in providing high quality government services, including in the areas of public safety, utilities, economic development and infrastructure, while safeguarding the public trust against risks of loss due to fraud, waste, abuse and mismanagement.
   (C)   Objectives. The town finds that in fulfilling its mission, a system of internal controls is necessary to advancing the following objectives:
      (1)   Operations objectives which involve the ways governmental services are performed and the performance of those providing governmental services including by way of example budgeting, purchasing, permitting, cash management and planning among others.
      (2)   Reporting objectives which involve the filing of financial and nonfinancial information to those inside the government and those outside of the government including by way of example filing the annual report, audit and examination cooperation, filing uniform conflict of interest forms and the other filings with any governmental agency or official or information required to be kept.
      (3)   Compliance objectives involve the adherence to law and regulations including by way of example following guidance documents such as State Board of Accounts' manuals, bulletins, directives and the Department of Local Government Finance's forms and directions and including other compliance related trainings and documents.
   (D)   Standards. The town hereby adopts and directs the minimum level of internal control standards and internal control procedures for an internal control system that includes the following five standards to promote government accountability and transparency that are necessary toward meeting the above described objectives, and explicitly adopts the Uniform Internal Control Standards for Indiana Political Subdivisions dated September 2015, as thereafter may be modified:
      (1)   Control environment.
      (2)   Risk assessment.
      (3)   Control activities.
      (4)   Information and communication.
      (5)   Monitoring.
   (E)   Principles. The town adopts the following principles in explanation of the pertinent standards above and directs that such principles be followed at all levels of town government:
      (1)   Control environment.
         (a)   The Oversight Body and management demonstrate a commitment to integrity and ethical values.
         (b)   The Oversight Body oversees the town's internal control system.
         (c)   Management establishes an organizational structure, assigns responsibility and delegates authority to achieve the town's objectives.
         (d)   Management demonstrates a commitment to attract, develop and retain competent individuals.
         (e)   Management evaluates performances and holds individuals accountable for their internal control responsibilities.
      (2)   Risk assessment.
         (a)   Management defines objectives clearly to enable the identification of risks and defines risk tolerances.
         (b)   Management identifies, analyzes and responds to risk related to achieving the defined objectives.
         (c)   Management considers the potential for fraud when identifying, analyzing and responding to risks.
         (d)   Management identifies, analyzes and responds to significant changes that could impact the internal control system.
      (3)   Control activities.
         (a)   Management designs control activities to achieve objectives and respond to risks.
         (b)   Management designs the town's information system and related control activities to achieve objectives and respond to risks.
         (c)   Management implements control activities through policies.
      (4)   Information and communication.
         (a)   Management uses quality information to achieve the town's objectives.
         (b)   Management internally communicates the necessary quality information to achieve the town's objectives.
         (c)   Management externally communicates the necessary quality information to achieve the town's objectives.
      (5)   Monitoring.
         (a)   Management establishes and operates monitoring activities to monitor the internal control system and evaluate the results.
         (b)   Management remediates identified internal control deficiencies on a timely basis.
   (F)   Development and adoption of internal control procedures and policies based on standards.
      (1)   In order to meet the above-described objectives and fulfill the town's mission, the town shall develop procedures based on the above-described standards. The town, therefore, hereby directs that the above standards set forth under division (D) be used to design, implement, operate and modify current operations, reporting and compliance procedures that will safeguard the assets of the town, promote reliability, accountability and transparency of financial and non-financial information and to ensure compliance with all laws and regulations for each office, department and personnel of the town for an effective and reasonable internal control system of the town.
      (2)   Accordingly, the town authorizes the Town Clerk-Treasurer to undertake a review of the current internal control system of the town; to conduct interviews with personnel of the town with regard to the nature and extent of control exercised over public funds so as to identify appropriate personnel under division (F)(3), and to make recommendations regarding the internal control system of the town. The Town Clerk-Treasurer shall present his or her  findings to the Oversight Committee no later than October 1, 2016 regarding any deficiencies and recommendations with respect to advancing policies and procedures in furtherance of this section.
      (3)   The town authorizes the Town Clerk-Treasurer, in carrying out his or her activities in regard to the above division, to determine the position and persons who are the personnel who exercise duties involving receiving, processing, depositing, disbursing, or otherwise having access to funds that belong to the federal government, state government, a political subdivision, or another governmental entity.
      (4)   No later than December 31, 2016, the Oversight Committee shall adopt policies and procedures in accordance with this section, after review and consultation with the Town Clerk-Treasurer regarding areas of improvement and deficiency in any existing policies and procedures so as to satisfy the terms of this section with regard to internal controls.
      (5)   Upon adoption of the procedures and policies by the Oversight Committee, all personnel, whether a public official or employee of the town shall comply with the procedures and any other policy regarding standards and procedures determined necessary by the town now and as modified in the future.
      (6)   All personnel of the town whose official duties include receiving, processing, depositing, disbursing, or otherwise having access to funds that belong to the federal government, state government, a political subdivision, or another governmental entity shall be trained at least once during a calendar year and annually thereafter, unless on leave status, on the minimum internal control standards and procedures and any other standards and procedures determined necessary by the town and shall cooperate with the Town's Clerk-Treasurer or his or her designee so that the Town Clerk-Treasurer may timely certify to the State Board of Accounts that the training was received annually by the personnel as provided by law.
      (7)   All elected and appointed officials and employees of the town are hereby directed to abide by and to cooperate fully in the implementation of the internal control system of the town.
   (G)   Failure to abide by internal controls.
      (1)   An employee who fails to abide by or cooperate with the implementation, compliance and certifications connected with the internal control system commits a violation thereof and may result in the discipline, including termination, of the employee.
      (2)   An elected or appointed official of the town who fails to abide by or cooperate with the implementation and the mandated certifications of the internal control system may be subject to any action allowed by law.
   (H)   Implementation of internal controls.
   This section may be implemented by any and all of the following actions or such others as authorized by this Council:
      (1)   Posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
      (2)   Providing a copy of this section to its employees and elected and appointed officials;
      (3)   Providing or posting a notice of the adoption of this section; or
      (4)   Any such other action or actions that would communicate the policies established by this section to the town's employees and elected and appointed officials.
   (I)   Additional provisions adopted by reference. Additional provisions as laid out in Res. II-F-2-b(33), Exhibits A and B are hereby adopted by reference as if laid out here in full.
(Ord. II-F-2-b(32), passed 7-14-16; Am. Res. II-F-2-b(33), passed 12-29-16)
§ 35.08  VEHICLE INSPECTION SERVICES.
   (A)   Definitions. As used in this section, the following definitions shall apply:
      BUREAU OF MOTOR VEHICLES or BMV. Has the meaning set forth in I.C. § 9-13-2-16.
      DEPARTMENT. The Town of Shipshewana Police Department.
      INSPECT. To make an inspection.
      INSPECTION. The process of examination upon the vehicle title application form prepared by the BMV and the verification of facts set out in the application for the purpose of satisfying all or portions of 140 Indiana Administrative Code 6-1-2 concerning an application for vehicle title under the purview of the BMV.
      POLICE OFFICER. Includes, but is not limited to, a regular member of the Department, the Town Marshal, and Town Marshal Deputy.
      TOWN. The Town of Shipshewana.
      VEHICLE. Has the meaning set forth in I.C. § 9-13-2-196.
   (B)   (1)   Between Monday through Friday from 9:00 a.m. to 4:00 p.m., excluding federal or state holidays, a person may submit a request, in the manner to be specified by the Department, that a police officer inspect his or her vehicle. The Department may require that the vehicle be parked at the Department's parking lot for the inspection. Any inspection request that does not include the appropriate fee, paid in the manner prescribed in division (C), will be denied.
      (2)   Except for those vehicles to which I.C. § 9-17-2-12(a) does not apply, a police officer shall inspect a vehicle upon proper request as soon as possible, within reason given the then-current demands on the Department and if requested in the manner prescribed by the Department.
   (C)   (1)   A police officer who makes an inspection under this section shall charge a fee of $5.00 for this service; however, if the inspection is for a resident of the town, instead no fee shall be charged. The Department may decide which forms of payment it will accept. (At the time of the passage of this section, the Department only accepts cash or money orders in the exact fee amount.)
      (2)   The police officer shall deposit all fees collected under this section into a law enforcement continuing education fund, as established by § 36.20, or elsewhere as permitted by law.
(Ord. II-F-2-a(9), passed 10-13-16)
CAPITAL ASSET POLICY
§ 35.20  PURPOSE.
   The purpose of this policy is to facilitate the preparation of financial statements in conformity with generally accepted accounting principles.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.21  CLASSIFICATION OF ASSETS.
   Capital assets are personal and real property used in the operations of the government that have an expected estimated useful life beyond a single period. Capital assets are to include any item that falls into one of the following categories.
   (A)   Land.
   (B)   Land improvements.
   (C)   Buildings.
   (D)   Machinery and equipment.
   (E)   Vehicles.
   (F)   Computer software.
   (G)   General infrastructure.
   (H)   Construction in progress.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.22  CAPITALIZATION THRESHOLDS.
   (A)   To be considered a capital asset for financial reporting purposes, an item must be at or above the capitalization threshold and have a unit historical cost of $5,000.00 or more. Assets will remain as part of the property record until they are retired or are disposed of, sold, traded in, and the like, regardless of net book value amount.
   (B)   The capitalization threshold for the following classes of assets shall be:
 
Land
n/a
Land improvements
$10,000.00
Building improvements
$10,000.00
Machinery and equipment and vehicles
$5,000.00
Computer software
$5,000.00
General infrastructure improvements
$50,000.00
Construction in progress
n/a
 
   (C)   With regard to improvements to buildings and general infrastructure, a capital outlay must be significant and increase capacity, increase efficiency, or extend the asset’s estimated useful life beyond the original expectation.
   (D)   A change in capacity increases the level of service provided by the asset. A change in efficiency increases the level of service but without increasing the size of the asset or the change maintains the same level of service at a lower cost. For example, an addition to a building provides increased square footage, hence, the capacity is increased and the capital outlay is capitalized. Widening a road with additional lanes increases capacity and, hence, the capital outlay is capitalized. An extended estimated useful life involves a significant alternation, structural change or improvement.
   (E)   While substantial repairs and renovations will be reviewed for potential capitalization, it is anticipated that most will be expensed in the current year. These expenses often merely restore the asset to the original service potential but do not necessarily improve the asset.
   (F)   All land, including rights-of-way, is capitalized at the time of acquisition regardless of historical costs or fair value if donated.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.23  HISTORICAL COST OR ESTIMATED HISTORICAL COSTS.
   (A)   Prospective reporting.  Capital assets are recorded at historical cost which includes any ancillary charges necessary to place the asset into its intended location and condition for use. Ancillary charges include, for example, freight and transportation charges, site preparation costs, and professional fees. Engineering costs (internal and external) include related preliminary project and environmental studies; project estimating, design, and planning (drawings and specifications); and construction engineering, construction management, construction inspection and project payment. Donated capital assets are recorded at their estimated fair value at the time of acquisition.
   (B)   Retroactive reporting at transition of gasb statement no. 34. When actual historical cost source data was unavailable, estimated historical cost was developed utilizing a normal costing approach. With this method of estimating historical cost, a current replacement cost was ascertained. An appropriate cost index (including Consumer Price Index and Federal Highway Price Trends) corresponding to an estimated date of acquisition/construction was then applied to ‘deflate’ the replacement cost to an estimated historical cost.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.24  ESTIMATED USEFUL LIVES OF DEPRECIABLE ASSETS.
   Capital assets have estimated useful lives extending beyond a single reporting period (one year) and are depreciated using the straight-line method with no allowance for salvage value. The estimated useful lives currently used were developed with the input of knowledgeable staff and reflect our government’s experience with these assets:
Land
non-depreciable
Land improvements
20 years
Buildings
50 years
Machinery and equipment
5 years
Vehicles
Autos
5 years
Light trucks
10 years
Heavy trucks
15 years
General infrastructure
20 to 100 years
Computer software
5 years
 
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.25  DEPRECIATION METHOD/CONVENTION.
   Depreciation will be calculated using the straight-line method and full-year convention. No salvage value or residual value will be recognized.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.26  RETIREMENTS.
   (A)   Retirements apply to all capital assets including land, buildings, machinery and equipment, vehicles, and general infrastructure.
   (B)   When an asset is disposed of, scrapped, sold, subject to demolition, and the like, it is to be removed from the property record and the appropriate reduction will be made to historical cost, accumulated depreciation, and net book value amounts.
   (C)   Retirements will reflect the actual historical cost of the asset when the amount is ascertainable. When historical cost is not ascertainable, an estimated historical cost will be determined.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.27  RESPONSIBILITY FOR PROPERTY RECORD MAINTENANCE.
   (A)   The Clerk-Treasurer will ensure that reporting for capital assets is being exercised by establishing a capital asset inventory, both initially and periodically in subsequent years. The Clerk-Treasurer will further ensure that the capital asset report will be updated annually to reflect improvements, additions, retirements, and transfers and to reflect the new, annual capital asset balance for financial reporting purposes and the annual and accumulated depreciation calculations and net book value amounts.
   (B)   Day-to-day stewardship of personal property above the capitalization threshold of $5,000.00 is the responsibility of the department utilizing the property.
   (C)   For annual updating of the capital asset report, the departments have the responsibility to report improvements, additions, retirements, and transfers in detail to the Clerk-Treasurer. It is expected that this reporting will be in a timely manner, as the capital asset record must be updated annually.
   (D)   To restate, additions of assets at or above the unit capitalization threshold of $5,000.00 are to be reported to the Clerk-Treasurer by the departments upon purchase or receipt of the asset. These will be verified per the claims process by the Clerk-Treasurer’s office. Transfers and retirements of assets at or above the $5,000.00 unit threshold are to be reported as such by the departments to the Clerk-Treasurer at the time of the transaction.
(Ord. II-F-1-d(385), passed 5-22-08)
§ 35.28  PROPERTY CONTROL.
   (A)   Capital assets below the capitalization threshold of $5,000.00 on a unit basis but warranting ‘control’ shall be inventoried at the department level and an appropriate list will be maintained. Data elements are to include asset description, location, make, model, serial number, and other information that assists control or deemed relevant.
   (B)   Assets below the capitalization threshold but considered sensitive may include, for example, weapons, radios, personal computers, laptop computers, printers, fax machines, and small power tools. These minor but sensitive items shall be inventoried and controlled at the department level. Stewardship of these minor but sensitive items is the responsibility of the departments utilizing these properties.
   (C)   The Clerk-Treasurer shall determine appropriate means, level of detailed data elements, and the system to be utilized. Finally, the Clerk-Treasurer shall have the right to request copies of the inventory and/or updated inventory of controllable items so as to periodically review the information and adherence to policy.
(Ord. II-F-1-d(385), passed 5-22-08)
IDENTITY THEFT PREVENTION PROGRAM
§ 35.40  FINDINGS.
   The Federal Trade Commission (“FTC”) requires every creditor to implement an Identity Theft Prevention Program (“ITPP”). The FTC requirement and regulation is necessary because of § 114 of the Fair and Accurate Credit Transactions Act (“FACT Act”). The FTC has set forth the ITPP requirement in 16 C.F.R. § 681.2. The Town of Shipshewana (the “Town”) adopts the program set forth in this subchapter to comply with FTC rules and regulations. In drafting its ITPP, the town has considered: (1) the methods it provides to open its accounts; (2) the methods it provides to access its accounts; and (3) its previous experiences with identity theft. Based on these considerations, the governing authority of the town hereby determines that the town is a low to moderate risk entity and as a result develops and implements the streamlined ITPP set forth here.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.41  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COVERED ACCOUNT. 
      (1)   An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account;
      (2)   Any other account that the financial institution or creditor offers or maintains or which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks.
   CREDITOR.  Any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit and includes utility companies and telecommunications companies.
   IDENTIFYING INFORMATION.  Any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any:
      (1)   Name, social security number, date of birth, official state or government issued driver’s license, alien registration number, government passport number, employer or taxpayer identification number;
      (2)   Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
      (3)   Unique electronic identification number, address or routing code; or
      (4)   Telecommunication identifying information or access device.
   PERSONAL IDENTIFYING INFORMATION.  A person’s credit card account information, debit card account information, bank account information, drivers’ license information, and for a natural person includes their social security number, mother’s birth name, and date of birth.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.42  RED FLAGS.
   The FTC regulations identify several red flags that must be considered in adopting an ITPP and when handling transactions involving covered accounts. The town identifies the following red flags from the examples provided in the regulations of the FTC.
   (A)   Notifications from consumer reporting agencies. The town does not request, receive, obtain or maintain information about its customers from any consumer reporting agency.
   (B)   Suspicious documents. Possible red flags include:
      (1)   Presentation of documents appearing to be altered or forged;
      (2)   Presentation of photographs or physical descriptions that are not consistent with the appearance of the applicant or customer;
      (3)   Presentation of other documentation that is not consistent with the information provided when the account was opened or existing customer information;
      (4)   Presentation of information that is not consistent with the account application; or
      (5)   Presentation of an application that appears to have been altered, forged, destroyed, or reassembled.
   (C)   Suspicious personal identifying information. Possible red flags include:
      (1)   Personal identifying information is being provided by the customer that is not consistent with other identifying information provided by the customer or is not consistent with the customer’s account application;
      (2)   Personal identifying information is associated with known fraudulent activity;
      (3)   The address is the same as that submitted by another customer; or
      (4)   The applicant failed to provide all personal identifying information requested on the application.
   (D)   Unusual use of or suspicious activity related to a covered account. Possible red flags include:
      (1)   A change of address for an account followed by a request to change the account holder’s name;
      (2)   A change of address for an account followed by a request to add new or additional authorized users or representatives;
      (3)   An account is not being used in a way that is consistent with prior use (such as late or no payments when the account has been timely in the past);
      (4)   A new account is used in a manner commonly associated with known patterns of fraudulent activity (such as customer fails to make the first payment or makes the first payment but no subsequent payments);
      (5)   Mail sent to the account holder is repeatedly returned as undeliverable; or
      (6)   The town receives notice that a customer is not receiving his or her paper statements.
   (E)   Notice regarding possible identity theft. Possible red flags include notice from a customer, an identity theft victim, law enforcement personnel or other reliable sources regarding possible identity theft or phishing related to covered accounts.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.43  SUSPICIOUS TRANSACTIONS.
   (A)   Suspicious transactions involving covered accounts include, but are not limited to:
      (1)   The presentation of incomplete applications;
      (2)   Unsigned applications;
      (3)   Payment by someone other than the person named on the account; or
      (4)   Presentation of inconsistent signatures, addresses, or identifying information.
   (B)   Suspicious transactions shall not be processed and shall be immediately referred to the Compliance Officer or his/her designee.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.44  COMPLIANCE OFFICER AND TRAINING.
   The Compliance Officer for this ITPP and subchapter shall be the Town Clerk-Treasurer or his/her designee. The Compliance Officer shall conduct training of all town employees that transact business with customers of the town. The Compliance Officer shall receive and review any suspicious transactions or red flags and take appropriate steps as deemed necessary according to this ITPP. The Compliance Officer shall periodically review this program and recommend any necessary updates to the Town Council.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.45  NOTIFICATION OF LAW ENFORCEMENT.
   The Compliance Officer or his/her designee shall use his/her discretion on whether to report suspicious transactions, that cannot be resolved by review of the Compliance Officer, to the Police Department or other appropriate law enforcement.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.46  CONFIDENTIALITY OF APPLICATIONS AND ACCOUNT INFORMATION.
   All personal information, personal identifying information, account applications and account information collected and maintained by the town shall be a confidential record of the town and shall not be subject to disclosure unless otherwise required by state or federal law.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.47  ACCESS TO ACCOUNT INFORMATION.
   Access to covered account information shall be limited to employees that provide customer service and technical support for the town. Any computer that has access to a customer account or personal identifying information shall be password protected. All paper and non-electronic based accounts or customer personal identifying information shall be stored and maintained in an area that is not available to the general public.
(Res. II-F-2-b(26), passed 4-23-09)
§ 35.48  ANNUAL REPORT.
   An annual report, as required by FTC regulations, shall be provided by the Compliance Officer to the Town Council President. The contents of the annual report shall address and/or evaluate at least the following:
   (A)   The effectiveness of the policies and procedures of the town in addressing the risk of identity theft in connection with the opening of accounts and with respect to access to existing accounts;
   (B)   Incidents involving identity theft with accounts and the town’s response;
   (C)   Changes in methods of identity theft and the prevention of identity theft; and
   (D)   Recommendations for changes to the Town’s ITPP.
(Res. II-F-2-b(26), passed 4-23-09)
Report of Suspected Identity Theft
Reporting Party:                     
Date/Time of Filing:                     
Name:
Account Address:
City/State/Zip: 
Circumstances of the Suspected Identity Theft (please provide all relevant details)
 
 
 
 
Confirmation of Customer’s Identity
Presentation of approved photo identification (copy attached)
Completed FTC Identity Theft Affidavit (copy attached)
Filed police report (copy attached)
A written police report was not taken, however a case file number was assigned
Case File #
Officer/Agent verifying the Case File #
I hereby acknowledge that the information I’ve provided is accurate and complete to the best of my knowledge.
 
Customer’s Printed Name               Signature            Date
CREDIT CARD USE AUTHORIZATION
§ 35.60  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CREDIT CARD.  Shall include any card or devise that is issued to the town by a credit company to enable town employees and officials to purchase, on credit, any and all items, services, or goods in the open market.
   FUEL CARD.  Shall include any card or devise that is issued to the town by a credit company to enable town employees and officials to purchase, on credit, gasoline, diesel, or any other fuel and cannot be utilized for any other purpose.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.61  AUTHORIZATION.
   Only the Council may authorize the issuance of a credit card or fuel card in the name of the town. Upon issuance, the Town Clerk-Treasurer shall be responsible for the authorization of a town employee’s use of a credit card or fuel card under this policy.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.62  ACCOUNTING SYSTEM.
   (A)   The Town Clerk-Treasurer shall be responsible to maintain an accounting system or log for the use of credit cards which includes the name of the employee, their position of employment, the estimated amounts to be charged, the town fund and account number to be charged, the date the credit card is issued and returned, and any other details required by the Town Clerk-Treasurer. The accounting system or log attached to the resolution codified herein as Exhibit “A” shall be utilized by the Town Clerk-Treasurer for the use of credit cards and may be modified by the Town Clerk-Treasurer from time to time as necessary.
   (B)   The Town Clerk-Treasurer shall also be responsible to maintain an accounting system or log for the use of fuel cards. The accounting system or log may include any details required by the Town Clerk-Treasurer. The accounting system or log attached to the resolution codified herein as Exhibit “B” shall be utilized by the Town Clerk-Treasurer for the use of fuel cards and may be modified by the Town Clerk-Treasurer from time to time as necessary.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.63  PURPOSES FOR CREDIT CARDS.
   Town credit cards and fuel cards shall be used for purchases relating to the performance of town business only. No personal use of a town credit card or fuel card is allowed, even if an employee offers to reimburse the town for the employee’s personal use of a town credit card or fuel card.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.64  EMPLOYEE RESPONSIBILITY.
   The town employee utilizing a town credit card is responsible to provide sufficient accounting information to the Town Clerk-Treasurer so that expenditures from appropriations can be tracked to provide timely and accurate accounting information for monitoring the accounting system.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.65  SUPPORTING DOCUMENTATION.
   Sufficient supporting documentation shall be made available by the town employee to the Shipshewana Town Clerk-Treasurer so as to approve claims for payment of credit card bills, such as paid bills and receipts. Credit card statements or credit card slips alone are not sufficient documentation.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.66  LATE PAYMENT FEES.
   Any late payment fees of interest or penalties due to late filing or furnishing of documentation by a town employee issued a credit card shall be the responsibility of that employee.
(Res. II-F-2-b(27), passed 12-12-09)
§ 35.67  ANNUAL FEES.
   The Council hereby authorizes the town to incur an annual fee for any credit card or fuel card obtained by the Council, should such fee apply.
(Res. II-F-2-b(27), passed 12-12-09)
CHAPTER 36:  FINANCE AND TAXATION
Section
Town Funds
   36.01   Emergency medical technicians donation fund
   36.02   Fire Department fire run fund
   36.03   Cumulative building fund
   36.04   Economic development fund
   36.05   Signage fund
   36.06   Cumulative capital development fund
   36.07   Storm Water Management Board construction project fund
   36.08   Build Indiana fire truck purchase fund
   36.09   Building or remodeling, firefighting, and police radio equipment fund
   36.10   Rainy day fund
   36.11   Historical Society fund
   36.12   Fire Department donation fund: gift #2
   36.13   Appreciation fund
   36.14   Storm water improvement/replacement fund
   36.15   Capital development fund
   36.16   Cumulative firefighting building and equipment fund
   36.17   Non-reverting Town Center fund
   36.18   Event Center merchant fund
   36.19   Community crossings grant fund
   36.20   Law enforcement continuing education fund
   36.21   LOIT special distribution fund
Promotional Account
   36.30   Promotion funds established
   36.31   Expenditures
   36.32   Authorization
Payroll Fund
   36.50   Fund established
   36.51   Duties of Clerk-Treasurer
   36.52   Disbursement of monies
Food and Beverage Tax
   36.60   Tax established
   36.61   Exemptions
   36.62   Procedure of taxation
   36.63   Food and beverage fund
Uncollectible Accounts and Bad Debt
   36.70   Policy established
   36.71   Determining that an uncollectible account shall be written off as bad debt
   36.72   Adjustment of accounts receivable owed to the town
Payment of Claims
   36.80   Payment of certain claims in advance of a Board allowance of the same
Variance Thresholds
   36.90   Variance thresholds
TOWN FUNDS
§ 36.01  EMERGENCY MEDICAL TECHNICIANS DONATION FUND.
   There is hereby created an emergency medical technicians donation fund which shall be a nonreverting fund of the town established for the sole purpose of accepting donations from private individuals and/or grants from public or charitable entities. The fund shall be utilized by the Town Emergency Medical Technicians pursuant to the regularly established claims system of the town to purchase personal property and capital needs of the department as the needs might arise.
(Ord. II-F-1-B(14), passed 3-28-96)
§ 36.02  FIRE DEPARTMENT FIRE RUN FUND.
   (A)   There is hereby established a fund which shall be known as the Fire Department fire run fund (hereinafter “the fund”).
   (B)   The Clerk-Treasurer shall deposit into the fund all amounts received from any sources for the payment of a fire run. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.
   (C)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.
   (D)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.
(Ord. II-F-1-b(10), passed 1-27-94)
§ 36.03  CUMULATIVE BUILDING FUND.
   (A)   There is hereby established the town cumulative building fund.
   (B)   An ad valorem property tax levy will be imposed on the citizens of the town and the revenues from such levy will be retained in the town cumulative building fund.
   (C)   The maximum rate of levy under division (B) of this section, pursuant to I.C. § 36-9-16-5, as amended, shall be $.10 per $100 assessed valuation for 1989.
   (D)   The funds accumulated in the town cumulative building fund will be used for the cumulative building fund as defined in I.C. § 36-9-16-2, and the purposes enumerated therein.
   (E)   Notwithstanding division (D) of this section, funds accumulated in the town cumulative building fund may be spent for purposes other than the purpose as stated in division (D) of this section if the purpose is to protect the public health, safety, or welfare in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the President of the Town Council of the town issues a declaration that the public health, safety, or welfare is in immediate danger that requires the expenditure of money in the fund.
(Ord. II-F-1-b(4), passed 8-25-88)
§ 36.04  ECONOMIC DEVELOPMENT FUND.
   (A)   There is hereby established a town economic development fund.
   (B)   The revenues from the economic development plan area will be retained in the town economic development fund.
   (C)   The funds accumulated in the town economic development fund will be used for Economic Development purposes as set forth in I.C. § 36-7-14.
   (D)   Notwithstanding division (C) of this section, funds accumulated in the town economic development fund may be spent for purposes other than those as stated in division (C) of this section if the purpose is to protect the public health, safety, or welfare in an emergency situation which demands immediate action as permitted by law. Money may be spent under the authority of this section only after the President of the Town Council of the town issues a declaration that the public health, safety, or welfare is in immediate danger that requires the expenditure of money in the fund.
(Ord. II-F-1-b(7), passed 2-24-94)
§ 36.05  SIGNAGE FUND.
   The Clerk-Treasurer shall deposit monies for the payment of permits, application fees, penalties, and the like, having to do with signage within the town into the general fund and shall account for said monies in the same manner as all other funds in the general fund.
(Ord. II-F-1-b(15), passed 8-12-99)
§ 36.06  CUMULATIVE CAPITAL DEVELOPMENT FUND.
   (A)   A need now exists for the reestablishment a cumulative capital development fund for all purposes permitted under I.C. § 36-9-15.5-2 and to reestablish the tax rate for said cumulative capital development fund.
   (B)   That this Council will adhere to the provisions of I.C. § 36-9-15.5. The proposed fund will not exceed $0.05 on each $100 of assessed valuation. Said tax rate will be levied beginning with taxes for the year 2017, payable 2018, and each subsequent year thereafter continuing until reduced or rescinded.
   (C)   The funds established and deposited in the cumulative capital development fund may be used for all purposes allowed by law including those set forth in I.C. § 36-9-15.5-2, and I.C. §  36-9-15.5-8(c), each as hereafter amended or supplemented.
(Ord. II-F-1-b(7), passed 3-10-94; Am. Ord. II-F-1-b(28), passed 5-12-11; Am. Ord. II-F-1-b(37), passed 5-14-15; Am. Ord. II-F-1-b(41), passed 7-13-17)
§ 36.07  STORM WATER MANAGEMENT BOARD CONSTRUCTION PROJECT FUND.
   (A)   There is hereby established a fund which shall be known as the Storm Water Management Board construction fund (hereinafter the fund).
   (B)   Duties of Clerk-Treasurer.
      (1)   The Clerk-Treasurer shall deposit into the fund all amounts received from any source for the construction, maintenance, repair, or replacement of the current or future storm sewer system in the town. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.
      (2)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.
   (C)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.
(Ord. II-F-1-b(9), passed 3-12-92)
§ 36.06  CUMULATIVE DEVELOPMENT FUND.
   (A)   There is hereby established a town cumulative capital development fund.
   (B)   An ad valorem property tax levy will be imposed on the citizens of the town and the revenues from such levy will be retained in the town cumulative capital development fund.
   (C)   The maximum rate of levy under division (B), pursuant to I.C. § 36-9-15.5-6, as set by Town Council.
   (D)   The funds accumulated in the town cumulative capital development fund will be used for the cumulative building fund as defined in I.C. § 36-9-16-2, the cumulative street fund as defined in I.C. § 36-9-16.5-2, the cumulative building fund— sewers as defined in I.C. § 36-9-26-3, the cumulative sinking and building fund— parks as defined in I.C. § 36-10-4-36, the general improvement fund as defined in I.C. § 36-9-17, and/or in the cumulative firefighting building, equipment, police radio fund as defined in I.C. § 36-8-14.
   (E)   Notwithstanding division (D) of this section, funds accumulated in the town cumulative capital development fund may be spent for purposes other than those as stated in division (D) if the purpose is to protect the public health, safety, or welfare in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the President of the Town Council of the town issues a declaration that the public health, safety, or welfare is in immediate danger that requires the expenditure of money in the fund.
(Ord. II-F-1-b(7), passed 3-10-94)
§ 36.07  STORM WATER MANAGEMENT BOARD CONSTRUCTION PROJECT FUND.
   (A)   There is hereby established a fund which shall be known as the Storm Water Management Board construction fund (hereinafter the fund).
   (B)   Duties of Clerk-Treasurer.
      (1)   The Clerk-Treasurer shall deposit into the fund all amounts received from any source for the construction, maintenance, repair, or replacement of the current or future storm sewer system in the town. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.
      (2)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.
   (C)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.
(Ord. II-F-1-b(9), passed 3-12-92)
§ 36.08  BUILD INDIANA FIRE TRUCK PURCHASE FUND.
   (A)   There is hereby established a fund which shall be know as the build Indiana fire truck purchase fund.
   (B)   The Clerk-Treasurer shall deposit into the fund all amounts received from the build Indiana fund/Auditor of state for the purchase of a new pumper truck for the Town Volunteer Fire Department. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.
   (C)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.
   (D)   Any disbursements of monies from the fund shall be made only upon express direction of the Town Council.
(Ord. II-F-1-b(16), passed 3-9-00)
§ 36.09  BUILDING OR REMODELING, FIREFIGHTING, AND POLICE RADIO EQUIPMENT FUND.
   The Fund shall be created with a levy commencing January 1, 2001. The maximum rate during said period, subject to Town Council approval, shall be $.10 per $100 of assessed valuation and shall be deposited in a qualified public depository or depositories and held in a special fund to be know as the "building or remodeling, firefighting, and police radio equipment fund."
(Res. II-F-1-b(17), passed 5-25-00)
§ 36.10  RAINY DAY FUND.
   (A)   A rainy day fund is hereby established in the town, to be know as the "Shipshewana rainy day fund" and shall be controlled according to the provisions of I.C. § 36-1-8-5.1.
   (B)   The rainy day fund shall consist of the unused and unencumbered balance that is remaining in a fund containing amounts raised by a general or special tax levy on all the taxable property of the town which has been transferred by the Town Council to the rainy day fund.
   (C)   The rainy day fund is subject to the same appropriation process as other funds that receive tax money. Before making an appropriation from the rainy day fund, the Town Council shall make a finding that the proposed use of the rainy day fund is consistent with the intent of the fund.
   (D)   In any fiscal year, the Town Council may transfer not more than 10% of the town's total budget for that fiscal year to the rainy day fund.
   (E)   The "Shipshewana rainy day fund" shall operate with all the powers, obligations, and privileges authorized under the Act as the same is presently in force and effect, or as it may be amended from time to time.
(Ord. II-F-1-b(18), passed 8-27-01)
§ 36.11  HISTORICAL SOCIETY FUND.
   (A)   There is hereby established a fund which shall be known as the Historical Society fund (hereafter "the fund").
   (B)   The Clerk-Treasurer shall deposit into the fund all amounts received from any sources for the payment of membership fees, annual dinners, donations, and the like, having to do with the Historical Society within the town. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.
   (C)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.
   (D)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.
   (E)   The Clerk-Treasurer is hereby directed to effectuate the provisions of this section as soon as can be done.
(Ord. II-F-1-b(19), passed 10-11-01)
§ 36.12  FIRE DEPARTMENT DONATION FUND: GIFT #2.
   There is hereby created a Fire Department donation fund: gift #2, which shall be a non-reverting fund of the town established for the sole purpose of accepting donations from private individuals and/or grants from public or charitable entities and that said fund shall be utilized by the Fire Department pursuant to the regularly established claims system of the town to purchase personal property and capital needs of the department as said needs might arise.
(Ord. II-F-1-b(20), passed 10-24-02)
§ 36.13  APPRECIATION FUND.
   (A)   There is hereby authorized and created a fund to be known as the appreciation fund (the “fund”). The purpose of this Fund shall be to allow for the receipt of funds to be used by the town, as approved and appropriated, to:
      (1)   Enhance the employer/employee relationship;
      (2)   Encourage personnel to volunteer and to work with the town; and
      (3)   To reward dedication and service.
   (B)   The funds shall be invested in accordance with standard town policy, and may be used by the town after appropriation in accordance with the standard rules and purchasing procedures to which other funds of the Commission are subject. Unless otherwise required by law to be transferred, the interest earned on the fund shall remain with the fund. All amounts remaining in the fund at the end of the year shall revert to the general fund.
(Ord. II-F-1-b(28), passed 12-13-07)
§ 36.14  STORM WATER IMPROVEMENT/REPLACEMENT FUND.
   (A)   There is hereby established a fund which shall be known as the storm water improvement/ replacement fund (hereafter “the fund”).
   (B)   To establish the fund, the Clerk-Treasurer shall deposit $20,000.00 from the storm water cash operating fund into the storm water improvement/replacement fund. Each month following the establishment of the fund a portion of the monthly revenues from storm water utility customers after covering monthly storm water expenses and maintaining a sufficient cash balance in the storm water cash operating fund shall be placed into the fund. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payment, and the dates the payments are made.
   (C)   The allowable purposes for expenditures of the funds are as follows:
      (1)   Storm water improvements and replacements;
      (2)   Matching grants for storm water improvements and replacements;
      (3)   Equipment purchases, necessary for storm water improvements and maintenance; and
      (4)   Professional services necessary for storm water improvements and replacements.
   (D)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.
   (E)   The Clerk-Treasurer is hereby directed to effectuate the provisions of this section as soon as can be done.
(Ord. II-F-1-b(31), passed 5-25-10)
§ 36.15  CAPITAL DEVELOPMENT FUND.
   (A)   The town, by its Council, hereby authorizes and establishes a fund to be known as the capital development fund, which shall be administered by the Council in accordance with the law, general rules, and policies of the town. The capital development fund shall be for receiving of funds and use of those funds for the construction of infrastructure by the town.
   (B)   The funds deposited into the capital development fund shall be invested and reinvested pursuant to the standard procedures followed by the town, and the capital development fund shall not revert to the general fund.
(Ord. II-F-1-b(35), passed 5-23-13)
§ 36.16  CUMULATIVE FIREFIGHTING BUILDING AND EQUIPMENT FUND.
   (A)   A need now exists for the reestablishment of a cumulative firefighting building and equipment fund for all purposes permitted under I.C. § 36-8-14-2 and to establish the tax rate for said cumulative firefighting building and equipment fund.
   (B)   That this Council will adhere to the provisions of I.C. § 36-8-14. The proposed fund will not exceed $0.0333 on each $100 of assessed valuation. Said tax rate will be levied beginning with taxes for the year 2017, payable 2018, and each subsequent year thereafter continuing until reduced or rescinded.
   (C)   The funds established and deposited in the cumulative firefighting building and equipment fund may be used for all purposes allowed by law including those set forth in I.C. § 36-8-14-2 as hereafter amended or supplemented.
(Ord. II-F-1-b(38), passed 5-14-15; Am. Ord. II-F-1-b(42), passed 7-14-17)
§ 36.17  NON-REVERTING TOWN CENTER FUND.
   (A)    The town, by its Council, hereby authorizes the Town Clerk-Treasurer to open and establish a fund or separate account with a financial institution approved by the Council to be known as the Town Center fund which shall be administered by the Council in accordance with the law, general rules, and policies of the town. The Town Center fund shall be to receive any revenues generated from the operation of the Town Center (with the exception of office space rental revenues) and used for the necessary and related costs and expenditures of operating the Town Center. The Clerk-Treasurer shall be authorized to make all deposits necessary and to process all expenditures as approved by the Council.
   (B)   The funds deposited into the Town Center fund shall be invested and reinvested pursuant to the standard procedures followed by the town, and the Town Center fund shall be kept as a separate from other funds of the town and shall not revert to the general fund.
(Res. 11-F-1-b(33), passed 12-29-11)
§ 36.18  EVENT CENTER MERCHANT FUND.
   (A)   The town, by its Council, hereby authorizes and established a fund to be known as the Event Center merchant fund which shall be administered by the Council in accordance with the law, general rules, and policies of the town. The Event Center merchant fund shall be for receiving credit card and debit card revenue from Shipshewana Event Center operations.
   (B)   The funds deposited into the Event Center merchant fund shall be invested and reinvested pursuant to the standard procedures followed by the town, and the Event Center merchant fund shall not revert to the general fund.
(Ord. II-F-1-b(36), passed 5-23-15)
§ 36.19  COMMUNITY CROSSINGS GRANT FUND.
   (A)   Creation. The community crossings grant fund (“Fund”) is hereby created, and it shall exist in perpetuity until terminated or repealed by a subsequent ordinance.
   (B)   Purpose. The purpose of the fund is to place monies received from an Indiana Department of Transportation (“INDOT”) Community Crossings Grant (“Grant”) for eligible road and bridge projects and matching monies from eligible town sources.
   (C)   Unused money.
      (1)   As required by I.C. § 36-1-8-12, monies relating to a road and bridge project that remains in the fund at the completion of the project shall:
         (a)   Be transferred to the Treasurer of State, if the money belonged to the state’s share of the remaining money; and
         (b)   Revert to the fund from which the money originated, if the money belonged to the town’s share of the remaining money.
      (2)   Notwithstanding division (C)(1) above, any amount necessary to pay a bill, judgement, or valid claim concerning any balance of the fund that has previously reverted shall be taken from the fund to which the money reverted to pay the bill, judgement, or valid claim.
   (D)   Restrictions.
      (1)   No monies shall be placed in the fund from other town sources unless they accord with I.C. § 8-23-30-3, as may be amended from time to time, and the monies correspond to the town’s share of an INDOT-approved grant.
      (2)   No monies shall be appropriated from the fund except for the purposes of the respective community crossings grant project.
      (3)   No monies shall be dispensed from the fund without the proper authorization of the Town Council.
(Ord. II-F-1-b(43), passed 12-14-17)
§ 36.20  LAW ENFORCEMENT CONTINUING EDUCATION FUND.
   (A)   The law enforcement continuing education fund is hereby established for all purposes permitted under I.C. § 5-2-8-2 as hereafter amended or supplemented.
   (B)   The monies deposited in the law enforcement continuing education fund may be used for all purposes allowed by law including those set forth in I.C. § 5-2-8-2 as hereafter amended or supplemented. As currently permitted by such statute, these funds may be used for law enforcement continuing education concerning the following:
      (1)   Duties of a law enforcement officer in enforcing restraining orders, protective orders, temporary injunctions, and permanent injunctions involving abuse;
      (2)   Guidelines for making felony and misdemeanor arrests in cases involving abuse;
      (3)   Techniques for handling incidents of abuse that:
         (a)   Minimize the likelihood of injury to the law enforcement officer; and
         (b)   Promote the safety of a victim;
      (4)   Information about the nature and extent of abuse;
      (5)   Information about the legal rights of and remedies available to victims of abuse;
      (6)   How to document and collect evidence in an abuse case;
      (7)   The legal consequences of abuse;
      (8)   The impact on children of law enforcement intervention in abuse cases;
      (9)   Services and facilities available to victims of abuse and abusers;
      (10)   Verification of restraining orders, protective orders, temporary injunctions, and permanent injunctions;
      (11)   Policies concerning arrest or release of suspects in abuse cases;
      (12)   Emergency assistance to victims of abuse and criminal justice options for victims of abuse;
      (13)   Landlord-tenant concerns in abuse cases;
      (14)   The taking of an abused child into protective custody;
      (15)   Assessment of a situation in which the child may be seriously endangered if the child is left in the child’s home;
      (16)   Assessment of a situation involving an endangered adult (as defined in I.C. § 12-10-3-2);
      (17)   Response to a sudden, unexpected infant death; and
      (18)   Performing cardiopulmonary resuscitation and the Heimlich maneuver.
   (C)   Monies may be deposited into the law enforcement continuing education fund from fees collected from Department vehicle inspection services, from private donations specific to this fund, or from any other town revenue or appropriation. All monies in the law enforcement continuing education fund shall remain in the fund from year to year and shall not revert to the general fund or any other town fund.
(Ord. II-F-2-a(9), passed 10-13-16)
§ 36.21  LOIT SPECIAL DISTRIBUTION FUND.
   (A)   A fund is hereby established in the town to be known as the LOIT special distribution fund for the purpose of receipting and accounting for the portion of the one-time special distribution being made pursuant to the act and which is required to be restricted thereby. The Clerk-Treasurer is instructed to deposit 100% of the one-time special distribution received from the LaGrange County Auditor into said fund upon its receipt.
   (B)   The LOIT special distribution fund hereby established shall be used exclusively for: (i) engineering, land acquisition, construction, resurfacing, maintenance, restoration, or rehabilitation of both local and arterial road and street systems; (ii) the payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfare projects; (iii) any local costs required to undertake a recreational or reservoir road project under I.C. § 8-23-5; (iv) the purchase, rental, or repair of highway equipment; (v) providing a match for a grant from the local road and bridge matching grant fund under I.C. § 8-23-30; (vi) capital projects for aviation related property or facilities, including capital projects of a board of aviation commissioners established under I.C. § 8-22-2 or an airport authority established under I.C. § 8-22-3-1; or as otherwise allowed by law. Such monies may be invested in accordance with I.C. § 5-13-9 et seq. Proceeds from such investment may be depicted in accordance with I.C. § 5-13-9 et seq.
(Ord. II-F-1-b(40), passed 5-12-16)
PROMOTIONAL ACCOUNT
§ 36.30  PROMOTION FUNDS ESTABLISHED.
   There is hereby established a fund which shall be known as the promotional fund. The Town Council is hereby authorized to budget and appropriate funds from the general fund or from other funds to pay the expenses incurred in promoting the betterment of the town.
(Ord. II-F-1-b(2), passed 5-26-88)
§ 36.31  EXPENDITURES.
   Expenditures from this fund may include, but are not necessarily limited to the following:
   (A)   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.
   (B)   Direct expenses for travel, meals, and lodging in conjunction with municipal business or meetings or organizations to which the municipality belongs.
   (C)   Expenses incurred in the promotion of economic or industrial development for the municipality, including meeting room rental, decorations, meals and travel.
   (D)   Commemorative plaques, certificates, or objects such as commemorative keys.
   (E)   Other purposes which are deemed by Town Council to directly relate to promotion or betterment of the town.
(Ord. II-F-1-b(2), passed 5-26-88)
§ 36.32  AUTHORIZATION.
   No expenses shall be allowed from this fund without prior authorization and approval of the Town Council. Claims for expenses under this section all be allowed as prescribed by law.
(Ord. II-F-1-b(2), passed 5-26-88)
PAYROLL FUND
§ 36.50  FUND ESTABLISHED.
   There is hereby established a fund which shall be known as the payroll fund (hereinafter the fund).
(Ord. II-F-1-b(8), passed 2-13-92)
§ 36.51  DUTIES OF CLERK-TREASURER.
   (A)   The Clerk-Treasurer shall deposit into the fund all amounts required by federal, state, or local law to be withheld from the wages of the employees of the town. The Clerk-Treasurer shall establish and maintain records of the amounts withheld, the employee forth whom the amounts are withheld, the dates of withholding, the amounts paid out, to whom the payments are made, and the dates the payments are made.
   (B)   The Clerk-Treasurer further shall make a report to the employee of the amounts withheld contemporaneously with the disbursement of each wage payment.
(Ord. II-F-1-b(8), passed 2-13-92)
§ 36.52  DISBURSEMENT OF MONIES.
   The disbursement of monies from the fund to the appropriate governmental agency shall not require further action by the Town Council, and may be accomplished at the discretion of the Clerk-Treasurer in accordance with the schedules established for such payments by the respective governmental agencies.
(Ord. II-F-1-b(8), passed 2-13-92)
FOOD AND BEVERAGE TAX
§ 36.60  TAX ESTABLISHED.
   (A)   There is hereby imposed and established an excise tax, known as the town food and beverage tax, in the amount of 1% of the gross retail income received by a merchant from the transactions described in this section.
   (B)   The excise tax described in division (A) shall be imposed upon transactions in which food or beverages are furnished, prepared, or served:
      (1)   For consumption at a location or on equipment provided by a retail merchant;
      (2)   In the town; and
      (3)   By a retail merchant for consideration.
   (C)   Transactions described in division (B), include transactions in which food or beverages are:
      (1)   Served by a retail merchant on or off the merchant's premises;
      (2)   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
      (3)   Sold by a street vendor.
(Ord. II-F-1-a, passed 5-24-90)
§ 36.61  EXEMPTIONS.
   (A)   The town food and beverage tax does not apply to the furnishing, preparing, or serving of a 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.
   (B)   For purposes of this subchapter, GROSS RETAIL INCOME received by a retail merchant from a transaction which is subject hereto does not include the amount of tax imposed thereon by I.C. § 6-2.5.
(Ord. II-F-1-a, passed 5-24-90)
§ 36.62  PROCEDURE OF TAXATION.
   (A)   The town food and beverage tax shall be imposed, paid, and collected in the same manner that the state gross retail tax is imposed, paid, and collected pursuant to I.C. § 6-2.5.
   (B)   The Clerk-Treasurer is hereby authorized and directed to execute and deliver warrants to the Treasurer of the State each and every month to withdraw the amounts received under the town food and beverage tax.
(Ord. II-F-1-a, passed 5-24-90)
§ 36.63  FOOD AND BEVERAGE FUND.
   The Clerk-Treasurer shall establish a town food and beverage tax receipts fund, and shall further deposit into such fund all amounts received from the town food and beverage tax. The town food and beverage tax receipts fund shall be invested by the Clerk-Treasurer in interest bearing accounts until ordered to be withdrawn and expended by the Town Council in the manner and for the purposes set forth at I.C. § 6-9-27-9, as amended.
(Ord. II-F-1-a, passed 5-24-90)
UNCOLLECTIBLE ACCOUNTS AND BAD DEBT
§ 36.70  POLICY ESTABLISHED.
   The Council hereby establishes a policy and procedure for handling uncollectible accounts receivable owed to the town and for writing off the uncollectible accounts as bad debt, and procedure for adjustments to account balances owed to the town. The following shall constitute the procedure for determining that an account is uncollectible.
   (A)   In the event that accounts receivable due and owing to the town, or any department of the town, are not paid within the time fixed by the town or the department of the town, the same shall be deemed delinquent. Any and all penalties that may be fixed by state statute shall be added to the delinquent account.
   (B)   A delinquent account receivable for which the town has reasonably and diligently attempted collection, but such collection remains unsuccessful, shall be deemed an uncollectible account.
(Res. II-F-1-b(30), passed 12-12-09)
§ 36.71  DETERMINING THAT AN UNCOLLECTIBLE ACCOUNT SHALL BE WRITTEN OFF AS BAD DEBT.
   The following shall constitute the procedure for determining that an uncollectible account shall be written off by the town as bad debt.
   (A)   The Clerk-Treasurer shall make reasonable and diligent attempts to collect on a delinquent account. These reasonable and diligent attempts may include, but not be limited to, notices of account delinquency, demand letters, the filing of liens upon any eligible property, submission of the account to a collection agency, and any other action deemed necessary or advisable.
   (B)   From time to time, as necessary, the Clerk-Treasurer shall prepare a report (the uncollectible accounts report) of accounts the Clerk-Treasurer has determined are uncollectible accounts. The uncollectible accounts report shall consist of the following:
      (1)   The uncollectible accounts the Clerk-Treasurer has determined should be written off as bad debt of the town;
      (2)   The documented reasonable and diligent attempts to collect on any uncollectible accounts;
      (3)   A statement, including the reasons therefore, that the Clerk-Treasurer believes it is not economically feasible to pursue collection efforts on any specified uncollectible account; and
      (4)   Any other information or documentation that is pertinent to the reason for determining the uncollectible account should be written off as bad debt.
   (C)   The uncollectible accounts report shall be submitted to the Council for action by the Council to declare the accounts listed as collectible or uncollectible and may authorize the town to cease further collection procedures and to write off the accounts as bad debts.
   (D)   In the discretion of the Council, the Council may require further attempts to recover the amount of the uncollectible account in a civil action against the debtor, as allowed by state statute.
   (E)   Accounts in which state and/or federal law mandates an amount must be written off shall be written off as bad debts upon the approval of the Clerk-Treasurer of the town.
(Res. II-F-1-b(30), passed 12-12-09)
§ 36.72  ADJUSTMENT OF ACCOUNTS RECEIVABLE OWED TO THE TOWN.
   The following shall constitute the procedure for adjustment of accounts receivable owed to the town.
   (A)   From time to time, as necessary, the Clerk-Treasurer shall prepare a report (the account balance adjustment report) of accounts the Clerk-Treasurer has determined require adjustment to the balance of the amount due and owing the town or a town department. The report shall consist of the following:
      (1)   The accounts and the balances of the accounts receivable the Clerk-Treasurer has determined should be adjusted;
      (2)   A statement, including the reasons therefore, that the Clerk-Treasurer believes the balance of an account receivable should be adjusted and the amount the account should be adjusted; and
      (3)   Any other information or documentation that is pertinent to the reason for adjusting the amount of the account receivable.
   (B)   The account balance adjustment report shall be submitted to the Council for action by the Council to deny the adjustment or declare said accounts adjusted in the amount recommended or an amount the Council determines is in the best interest of the town.
(Res. II-F-1-b(30), passed 12-12-09)
PAYMENT OF CLAIMS
§ 36.80  PAYMENT OF CERTAIN CLAIMS IN ADVANCE OF A BOARD ALLOWANCE OF THE SAME.
   (A)   Notwithstanding I.C. § 5-11-10, the Town Council hereby gives its prior written approval for the Clerk-Treasurer to make claim payments of which the Town Council has jurisdiction in allowing, and all other claims in which the Clerk-Treasurer receives the prior written approval of the board (i.e. Redevelopment Commission) having jurisdiction over allowance of the claim, in advance of the allowance for those expenses set forth in division (B).
   (B)   (1)   The Clerk-Treasurer may make payments under this section to pay out in advance of an allowance of the claim, funds in order to meet obligations with respect to the following types of expenses which disbursements are hereby pre-approved for lawful town purposes provided that each disbursement made under the authority of this section is supported by a fully itemized invoice or bill and certification by the Clerk-Treasurer:
         (a)   Property or services purchased or leased from:
            1.   The United States Government; or
            2.   An agency or political subdivision of the United States Government.
         (b)   License fees or permit fees;
         (c)   Insurance premiums;
         (d)   Utility payments or utility connection charges;
         (e)   Federal grant programs if:
            1.   Advance funding is prohibited; and
            2.   The contracting party provides sufficient security for the amount advanced.
         (f)   Grants of state funds authorized by statute;
         (g)   Maintenance agreements or service agreements;
         (h)   Lease agreements or rental agreements;
         (i)   Principal and interest payments on bonds;
         (j)   Payroll;
         (k)   State, Federal, or county taxes;
         (l)   Expenses that must be paid because of emergency circumstances; and
         (m)   Expenses described in an ordinance.
      (2)   The Town Council or the Board having jurisdiction over allowance of the claim shall review and allow the claim at the Town Council’s or Board’s next regular or special meeting following the pre-approved payment of the expense.
(Ord. I-F-1-a(9), passed 8-13-15)
VARIANCE THRESHOLDS
§ 36.90  VARIANCE THRESHOLDS.
   (A)   The Town Council hereby endorses and adopts the policy on materiality and process for reporting material items (the “Policy”), such policy being attached as Appendix “A” to Res. II-F-1-b(39) hereto and incorporated herein.
   (B)   The Town Council calls upon all town officials, employees, and agents to enforce and comply with the policy and to report noteworthy items to the Town Council.
   (C)   The Town Council shall acts as the town’s Oversight Committee to monitor, as it deems necessary, compliance with the policy.
   (D)   The Town Council asks the Clerk-Treasurer to advise the Town Council of any future suggested changes or updates to the policy.
(Res. II-F-1-b(39), passed 2-11-16)
TITLE V:  PUBLIC UTILITIES
Chapter
   50.   GENERAL UTILITY PROVISIONS
   51.   STORM WATER MANAGEMENT
   52.   SEWERS
   53.   WATER
   54.     GARBAGE AND WASTE DISPOSAL
CHAPTER 50:  GENERAL UTILITY PROVISIONS
Section
   50.01   Duties of Billing Clerk
   50.02   Credit towards water leaks
   50.03   Unclaimed utility balances
   50.04   Unpaid utility balances
   50.05   Allowance to prevent freeze ups
   50.06   Prohibition from tampering with or damaging municipal water works system or water services
§ 50.01  DUTIES OF BILLING CLERK.
   (A)   The duties of the Town Water and Sewer Utilities Billing Clerk shall include, but are not limited to, the following:
      (1)   To receive, on behalf of the town, the Water and Sewer Billing Department stubs and adding machine tapes generated by the designated bank(s) for monies received in payment of customers' water and sewer bills;
      (2)   To receive, on behalf of the town, the certified check from the designated bank(s) for payment to the town of monies received by the bank for the payment of customers' water and sewer bills, and to deposit the check in the appropriate account maintained by the town with the designated bank(s) for that purpose;
      (3)   To transfer funds from the water and sewer collection accounts to the Municipal Water Utility Account and the Municipal Sewer Utility Account, all of which are maintained by the town at the designated bank(s);
      (4)   Any other powers or duties hereafter conveyed to the Sewer and Sewer Utilities Billing Clerk by ordinance or resolution of the Town Council of the town.
   (B)   The Town Water and Sewer Utilities Billing Clerk is further directed to maintain adequate and legible records of all actions and transactions made or taken under the authority of this section, and shall report all such actions or transactions at the next regularly scheduled Town Council meeting after such actions are taken, and shall submit same for the approval of the Town Council.
   (C)   Should any personal bond be required by the laws of the state for the Town Water and Sewer Utilities Billing Clerk for the powers and duties imposed by this chapter, the premiums of such bond shall be paid in the same manner as those bonds required for other town officials.
   (D)   This section shall not in any way be construed to authorize the Town Water and Sewer Utilities Billing Clerk to expend town monies for any purpose whatsoever.
(Ord. II-F-2-b(2), passed 12-13-84)
§ 50.02  CREDIT TOWARDS WATER LEAKS.
   (A)   Should a water and sanitary sewer customer develop a leak in water lines at a point after the water meter, the Town Council may make proper allowance in determining the water and sewer bill for guaranties of water shown by meter readings to have been consumed, but which are also shown by the customer to the satisfaction of the Town Council to have not entered the sanitary sewage system.
   (B)   The Town Council hereby authorizes the Town Clerk-Treasurer to adjust the sewer portion of a customer’s utility bill up to $25.00 per utility bill in order to more accurately reflect sewer usage in situations where the customer has had a water leak and the water does not enter the sanitary sewer. Adjustments in excess of $25.00 shall be brought to the Town Council for approval.
(Ord. VI-B-2-a(9), passed 6-24-93; Am. Ord. II-F-2-b(27), passed 11-12-09)
§ 50.03  UNCLAIMED UTILITY BALANCES.
   (A)   A utility deposit that is collected pursuant to this code title shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served:
      (1)   Has been conveyed or transferred to another person; or
      (2)   No longer uses or is connected with any part of the municipal sewage system.
   (B)   A statement under division (A) must include the name and address of the person to whom the property is being conveyed or transferred.
   (C)   There shall be deducted from the amount of any returned utility deposit any outstanding penalties, judgements, and service fees that are owed to the town under this code.
   (D)   The remaining balance of the deposit shall be promptly returned after the date indicated in division (A).
   (E)   The remaining balance of the deposit shall be forwarded to an address indicated by the depositor, or if none is given, to the depositor’s last known address.
   (F)   The town shall make good faith efforts to return a deposit collected under this section to the original depositor if its respective account has been closed.
   (G)   A deposit made under this section that has remained unclaimed by the depositor for more than seven years after the termination of the services for which the deposit was made becomes the property of the town and shall be deposited in the water cash operating fund.
(Ord. VI-A-3-a, passed 2-13-86; Am. Ord. VI-B-2-a(24), passed 8-9-18)
§ 50.04  UNPAID UTILITY BALANCES.
   (A)   The Utility Billing Clerk and/or Clerk-Treasurer shall administer the provisions in this section.
   (B)   It is the policy of the town to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.
   (C)   The town hereby gives each utility customer general notice that:
      (1)   All utility bills are due and payable and shall be subject to penalties according to this code;
      (2)   If any utility bill is not paid by the due date, a notice will be mailed stating that if the overdue bill is not paid within ten days of the mailing of the notice, service will be discontinued on the date stated in the notice; and
      (3)   Any customer who disputes the correctness of his or her utility bill shall have a right to a hearing at which time he or she may be represented in person, by counsel, and/or any other person of the customer's choosing and at which the customer may present orally or in writing the customer's complaint and contentions to an appropriate Town Administrator.
   (D)   The appropriate Town Administrator may order that the customer's service not be discontinued or be reinstated and may make a final determination of the customer's complaint.
   (E)   The appropriate Town Administrator shall consider only questions of proper and correct billing; no request for a delay or waiver of payment shall be entertained. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service shall be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
   (F)   The following procedure is hereby set forth by the town for the collection of unpaid utility charges that are owed to the town:
      (1)   Past due utility bills not paid by the last working day of the month in which they are due shall receive a penalty as stated in the corresponding section of this code. The penalty will usually be added to the bill on or about the fifth day of the next succeeding month.
      (2)   A customer whose utility bill is not paid by the 15th day of the month succeeding the month in which the unpaid bill was due will receive an appropriate letter.
         (a)   For customers with water service, the letter shall state that if payment is not received within ten days of the date of the letter, the water will be shut off and a fee of $25.00 shall be charged for disconnection and that a $25.00 fee will be charged for reconnection. The disconnect and reconnect charges shall be paid in full prior to water service being restored.
         (b)   For customers with stormwater service, the letter shall state that if payment is not received within ten days of the date of the letter, or the customer does not contact the Clerk-Treasurer's office and make other acceptable arrangements, the account will be turned over to the Town Attorney for collection.
         (c)   For customers with sewer service, the letter shall state that if payment is not received within ten days of the date of the letter or the customer does not contact the Clerk-Treasurer's office and make other acceptable arrangements, a penalty of 10% of the amount of the fees attaches to the delinquent fees. The customer will also be advised that, under state law, delinquent sewer bills can become a lien on real property. A lien will be filed on any sewer bill that remains unpaid for 90 days pursuant to I.C. § 36-9-23-32 and I.C. § 36-9-23-33.
      (3)   The town shall send a letter under this section prior to turning the account over to the Town Attorney for collection. The town may send the letters as often as it deems necessary.
      (4)   If not resolved by expiration of the dates set forth in this section, all delinquent accounts shall be turned over to the Town Attorney for collection.
   (G)   The following procedure is hereby set forth by the town for the collection of money, other than for a utility charge set forth in this section, that is owed to the town:
      (1)   Hand bills and/or invoices shall be sent for all charges and money that are owed to the town for services, such as, but not limited to, turn-on and turn-off fees, hook-ups, new meter installation, water that is hauled to fill pools, and for materials and labor as necessary. Payment is due in 30 days.
      (2)   A customer whose handbills and/or invoice is not paid by the due date will receive a letter requesting payment within ten days of the date of the letter. If payment is not received, or if the customer does not contact the Clerk-Treasurer's office and make other acceptable arrangements, the account shall be turned over to the Town Attorney for collection. The town may send the letters as often as it deems necessary.
      (3)   If not resolved by expiration of the dates set forth in this section, all delinquent accounts shall be turned over to the Town Attorney for collection.
   (H)   All partial payments made for an unpaid utility bill shall be applied in the following order:
      (1)   To any outstanding collection fees relating to the unpaid balance;
      (2)   To any outstanding utility disconnection or connection fees;
      (3)   To all other outstanding fees related to the unpaid utility bill;
      (4)   To any outstanding late fees relating to the unpaid balance;
      (5)   To the water portion of the utility bill;
      (6)   To the stormwater portion of the utility bill; and
      (7)   Finally, to the sewer portion of the utility bill.
(Ord. VI-A-2-a(9), passed 5-9-96; Am. Ord. VI-B-2-a(24), passed 8-9-18)
§ 50.05  ALLOWANCE TO PREVENT FREEZE-UPS.
   (A)   The Town Water Billing Clerk is hereby authorized to grant permission to Water Department customers to run a continuous stream of water in his or her residence to prevent the freeze-up of the water supply line.
   (B)   The Town Water Billing Clerk is further directed to submit for the Town Council's approval at the next regularly scheduled or special Town Council meeting any and all actions performed under this chapter.
(Ord. VI-A-2-a(8), passed 5-9-96)
§ 50.06  PROHIBITION FROM TAMPERING WITH OR DAMAGING MUNICIPAL WATER WORKS SYSTEM OR WATER SERVICES.
   No unauthorized person shall maliciously, willfully or negligently adjust, operate, break, damage or tamper with any valve, hydrant, curb stop, water main, town water service line, tank reservoir or any other device which is deemed the property of the town or which is a part of the municipal water works system or water services. Any person that violates this provision, including without limiting any customer, owner, or employee of a customer or owner including any contractor, shall be fined not less than $100.00 nor more than $250.00. Each day that a violation is in effect shall constitute a separate offense.
(Res. II-F-2-b(31), passed 4-9-15)
CHAPTER 51:  STORM WATER MANAGEMENT
Section
General Provisions
   51.01   Department established; organization
Rates and Charges
   51.15   Title
   51.16   Classification
   51.17   Classification and rate schedule
   51.18   Delinquent bills; penalty
GENERAL PROVISIONS
§ 51.01  DEPARTMENT ESTABLISHED; ORGANIZATION.
   (A)   There is hereby established the Department of Storm Water Management, pursuant to I.C. § 8-1.5-5, as amended, for the town, which shall in all respects be governed by the provisions of the statute and this chapter.
   (B)   The Department of Storm Water Management shall be governed by a Board of Directors, composed of three town residents appointed by the President of the Town Council. The Directors shall serve at the pleasure of the President for three year terms.
   (C)   There is further created a special taxing district for the purpose of providing a base for generating sufficient revenue to collect, transport, and dispose of storm and surface water. The territory initially included in the special taxing district and under the jurisdiction of the Department of Storm Water Management shall be and hereby is all of that territory now and hereafter included within the corporate limits of the town.
   (D)   The Board of Directors of the Department of Storm Water Management shall hold an organizational meeting within 14 days of the effective date of Ord. VI-F-1-a, and shall establish regular meeting dates, times, and places, and shall further adopt by-laws for the conduct of such meetings. The Board of Directors shall prepare, or cause to be prepared, comprehensive written minutes of all regular and special meetings. A representative of the Board of Directors shall report to the Town Council on administrative, construction, acquisition, maintenance, and financial matters at Town Council's request, and at any and all times as the Town Council shall designate.
(Ord. VI-F-1-a, passed 4-26-90)
RATES AND CHARGES
§ 51.15  TITLE.
   This subchapter may be known as the “Storm Water Rate Subchapter.”
(Ord. VI-F-2-a(1), passed 4-22-93)
§ 51.16  CLASSIFICATION.
   (A)   Properties served by the Storm Water Management District (hereinafter “the District”) are classified and categorized based upon the total impervious area of each parcel compared to the impervious area of the “average” residential parcel. The “average” residential parcel was determined by the financial advisor, with the guidance and advice of the engineer, by conducting a survey of randomly selected residential properties in the District of the pervious and impervious areas, and the runoff characteristics of those parcels.
   (B)   From this data collected, an average imperviousness factor for a typical residential property was obtained, and this factor was assigned the base number of “1.” This factor is the “Equivalent Residential Unit” or “ERU” used as a basis against which to measure all other residential parcels in the District. The residential (base) factor is divided into the factor for each non-residential range to determine the ERU for that range.
   (C)   With this standard established, the classification of each individual parcel can be determined. Each type of pervious and impervious area in an individual parcel is measured and multiplied by a factor that represents the coefficient of imperviousness for that type of area within the parcel. These figures are used to determine a composite coefficient of imperviousness for the parcel. That coefficient multiplied by the area of the parcel yields the factor used to determine the user fee. Each type of parcel (undeveloped, commercial, industrial, or institutional) is grouped into categories by a range of imperviousness factors.
   (D)   This classification method allows fees to be set based upon each individual parcel's relative contribution to storm water runoff and consequent usage of the storm water collection system. Therefore, upon review of the resolution adopted by the Board, the Town Council finds that the Board of Directors of the Storm Water Management District (hereinafter “the Board”) has accomplished its goal of devising fees that are reasonably related to the cost of providing storm water collection services, and fees that are fair and equitable.
(Ord. VI-F-2-a(1), passed 4-22-93)
§ 51.17  CLASSIFICATION AND RATE SCHEDULE.
   Based upon the foregoing, the following classification schedule has been fashioned by the Board, and the same is hereby adopted by the Town Council.
Range of CXA
ERU
Rate
Range of CXA
ERU
Rate
Residential Rate
Category 1 - up to 2 acres
0.120
1.00
$8.00
Category 2 - 2.01 to 3 acres
1.50
$12.0 0
Category 3 - 3.01 to 5 acres
2.00
$16.0 0
Category 4 - over 5 acres
5.50
$44.0 0
Commercial, Industrial and Institutional Rate
Category 1
Up to .43
1.40
$11.2 0
Category 2
Over .43
5.34
$42.4 7
Category 3 - over 5 acres
8.00
$64.0 0
Undeveloped Property Rate
Category 1 - up to 1 acre
0.50
$4.00
Category 2 - 1.01 to 3 acres
1.66
$13.2 8
Category 3 - over 3 acres
5.42
$43.3 6
C = Water runoff composite coefficient factor
A = Acres
 
(Ord. VI-F-2-a(1), passed 4-22-93; Am. Ord. VI-F-2-a(3), passed 3-24-94; Am. Ord. VI-F-2-a(4), passed 8-25-94; Am. Ord. VI-F-2-a(8), passed 9-10-09; Am. Res. VI-F-2-a(9), passed 5-6-14; Am. Res. VI-F-2-a(10), passed 5-8-14; Am. Ord. VI-F-2-a(11), passed 6-12-14)
§ 51.18  DELINQUENT BILLS; PENALTY.
   All bills for storm water collection services not paid by the last working day of the month in which they are due shall be subject to a collection or deferred payment charge of 10% of the amount stated. A collection or deferred payment charge shall be imposed only once for each monthly delinquency.
(Ord. VI-F-2-a(1), passed 4-22-93; Am. Ord. VI-F-2-a(2), passed 4-22-93; Am. Ord. VI-F-2-a(5), passed 6-27-96)
CHAPTER 52:  SEWERS
Section
General Provisions
   52.001   Department of Sewage Works
   52.002   Definitions
   52.003   Depositing objectionable wastes on public or private property
   52.004   Owner's responsibility to install suitable toilet facilities
   52.005   Compliance with state and federal requirements
   52.006   Reserved
   52.007   Requirements for sewage meters
Prohibitions
   52.015   Tampering with or damaging municipal sewage works
   52.016   Depositing of sanitary sewage on public or private property
   52.017   Discharges into natural outlets
   52.018   Privies, septic tanks, and other facilities
Private Sewage Disposal System
   52.030   Connecting building sewer to private system
   52.031   Permit required for construction of private sewage disposal system
   52.032   Maintenance of private sewage disposal facilities
   52.033   Compliance with State Board of Health; Health Officer
   52.034   Inspection
   52.035   Public sewer availability
Building Sewers and Connections
   52.045   Permit required
   52.046   Classes of permits
   52.047   Costs and expenses
   52.048   Separate building sewer
   52.049   Use of old building sewers with new buildings
   52.050   Conformity with rules and regulations
   52.051   Size and slope
   52.052   Elevation and alignment
   52.053   Sources of surface runoff or ground water; connection to building drains prohibited
   52.054   Excavations; barricades
   52.055   Inspection of connection to public sewer
Use of Public Sewers
   52.065   Discharge of storm water and other unpolluted waters
   52.066   Permission required for discharge of storm water and other unpolluted waters
   52.067   Discharge of cooling water and other unpolluted waters
   52.068   Prohibited discharges to public sewers
   52.069   Restrictive discharge; subject to Superintendent review
   52.070   Superintendent's authority as to wastes
   52.071   Grease, oil and sand interceptors
   52.072   Preliminary treatment facilities
   52.073   Control manholes
   52.074   Measurements, tests and analyses
   52.075   Special agreements between town and industrial concerns
   52.076   Pretreatment
   52.077   Preliminary treatment
   52.078   Testing of large volume discharges at user's expense
   52.079   Determination of strength of wastewaters
   52.080   Notification of unusual flows required
Rates and Charges
   52.090   Definitions
   52.091   Schedule of rates and charges
   52.092   Surcharges
   52.093   Summer sewer credit
   52.094   Permit required
   52.095   Invoices
Administration and Enforcement
   52.100   Right of entry
   52.101   Notice of violation
   52.102   Liability
 
   52.999   Penalty
GENERAL PROVISIONS
§ 52.001  DEPARTMENT OF SEWAGE WORKS.
   (A)   The Department of Sewage Works for the town is hereby re-established pursuant to I.C. §§ 8-1.5-3 and 36-9-23, which sections are incorporated by reference herein and made a part hereof, subject to the following modifications.
   (B)   The Board of Directors of the Department of Sewage Works for the town shall consist of the Town Council.
   (C)   Amendments to I.C. §§ 8-1.5-3 and 36-9-23 by the State Legislature shall constitute amendments to this chapter, even in the absence of official action by the Town Council adopting such amendments.
   (D)   This chapter is intended to re-establish the Department of Sewage Works only, and the substantive operation and effect of all ordinances heretofore adopted relative thereto shall continue uninterrupted.
(Ord. VI-B-1-a, passed 1-10-85)
§ 52.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BIOCHEMICAL OXYGEN DEMAND (BOD).  The quantity of oxygen expressed in mg/l. utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C.
   BUILDING DRAIN.  That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
      (1)    BUILDING DRAIN— SANITARY.  A building drain which conveys sanitary or industrial sewage only.
      (2)    BUILDING DRAIN— STORM.  A building drain which conveys storm water or other clearwater drainage, but no wastewater.
   BUILDING SEWER.  The extension from the building drain to the public sewer or other place of disposal. (Also called house connection.)
      (1)    BUILDING SEWER— SANITARY.  A building sewer which conveys sanitary or industrial sewage only.
      (2)    BUILDING SEWER— STORM.  A building sewer which conveys stormwater or other clearwater drainage but no sanitary or industrial sewage.
   COMBINED SEWER.  A sewer intended to receive both wastewater and storm or surface water.
   COMPATIBLE POLLUTANT.  Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES Permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include:
      (1)   Chemical oxygen demand;
      (2)   Total organic carbon;
      (3)   Phosphorus and phosphorus compounds;
      (4)   Nitrogen and nitrogen compounds, and
      (5)   Fats, oils, and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
   EASEMENT.  An acquired legal right for the specific use of land owned by others.
   FECAL COLIFORM.  Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
   FLOATABLE OIL.  Oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the town.
   GARBAGE.  Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
   INCOMPATIBLE POLLUTANT.  Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
   INDUSTRIAL WASTES.  The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
   INFILTRATION.  The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. (INFILTRATION does not include and is distinguished from inflow.)
   INFILTRATION/INFLOW.  The total quantity of water from both infiltration and inflow without distinguishing the source.
   INFLOW.  The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to: roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface run-off, street wash waters or drainage. (INFLOW does not include, and is distinguished from, infiltration.)
   INSPECTOR.  The person or persons duly authorized by the town, through its Town Council, to inspect and approve the installation of building sewers and their connection to the public sewer system.
   MAJOR CONTRIBUTING INDUSTRY.  An industry that:
      (1)   Has a flow of 50,000 gallons or more per average work day;
      (2)   Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
      (3)   Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of PL 92-500 (being the Clean Water Act, 33 USC §§ 1251 et seq.); or
      (4)   Has a significant impact, either singly or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works.
   NATURAL OUTLET.  Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
   NORMAL DOMESTIC SEWAGE.  The same meaning as defined in the Sewage Rate Ordinance.
   NPDES PERMIT.  A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of PL 92-500 (being the Clean Water Act, 33 USC §§ 1251 et seq.).
   PERSON.  Any individual, firm, company, association, society, corporation or group discharging any wastewater to WWTW.
   pH.  The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
   PRETREATMENT.  The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
   PRIVATE SEWER.  A sewer which is not owned by a public authority.
   PROPERLY SHREDDED GARBAGE.  The wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
   PUBLIC SEWER.  A sewer which is owned and controlled by the public authority and will consist of the following increments:
      (1)    COLLECTOR SEWER.  A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
      (2)    INTERCEPTOR SEWER.  A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
      (3)    FORCE MAIN.  A pipe in which wastewater is carried under pressure.
      (4)    PUMPING STATION.  A station positioned in the public sewer system at which wastewater is pumped to a higher level.
   SANITARY SEWER.  A sewer which carries sanitary and industrial wastes, and to which storm, surface, and ground water are not intentionally admitted.
   SEWAGE.  The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, (including polluted cooling water). The three most common types of sewage are:
      (1)    SANITARY SEWAGE.  The combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
      (2)    INDUSTRIAL SEWAGE.  A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
      (3)    COMBINED SEWAGE.  Wastes including sanitary sewage, industrial sewage, stormwater, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
   SEWAGE WORKS.  The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
   SEWER.  A pipe or conduit for carrying sewage.
   SLUG.  Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than ten minutes more than three times the average 24 hours concentration or flows during normal operation and shall adversely affect the collection system.
   STANDARD METHODS.  The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
   STORM SEWER.  A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
   SUPERINTENDENT.  The Superintendent of the municipal sewage works of the town, or his authorized deputy, agent or representative.
   SUSPENDED SOLIDS.  Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids and which are removable by laboratory filtering.
   TOTAL SOLIDS.  The sum of suspended and dissolved solids.
   TOXIC AMOUNT.  Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of PL 92-500 (being the Clean Water Act, 33 USC §§ 1251 et seq.).
   UNPOLLUTED WATER.  Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
   VOLATILE ORGANIC MATTER.  The material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
   WATERCOURSE.  A natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.003  DEPOSITING OBJECTIONABLE WASTES ON PUBLIC OR PRIVATE PROPERTY.
   It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement, garbage, or other objectionable waste.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.004  OWNER'S RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES.
   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the town and abutting on any street, alley, or right-of-way in which there is now located a public sanitary or combined sewer of the town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet of the property line.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.005  COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS.
   All provisions of this chapter and limits set herein shall comply with any applicable state and/or federal requirements now, or projected to be in effect.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.006  RESERVED.
§ 52.007  REQUIREMENTS FOR SEWAGE METERS.
   (A)   Each and every user of the Town Sewage Works shall, as a condition to connecting to said Sewage Works or disposing effluent into said Sewage Works, shall have a water meter installed and then replaced as necessary. The meter shall be installed at the user’s sole cost in a condition, location, and manner acceptable to the town.
   (B)   No person shall discharge any effluent into the Town Sewage Works unless and until an approved meter has been properly installed as provided by this section.
(Ord. VI-B-2-a(17), passed 9-13-01; Am. Ord. VI-B-2-a(22), passed 6-12-14; Am. Ord. IV-B-2-a(24), passed 8-9-18) Penalty, see § 52.999
PROHIBITIONS
§ 52.015  TAMPERING WITH OR DAMAGING MUNICIPAL SEWAGE WORKS.
   No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.016  DEPOSITING OF SANITARY SEWAGE ON PUBLIC OR PRIVATE PROPERTY.
   No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the town, any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES Permit.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.017  DISCHARGES INTO NATURAL OUTLETS.
   No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES Permit.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.018  PRIVIES, SEPTIC TANKS, AND OTHER FACILITIES.
   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
PRIVATE SEWAGE DISPOSAL SYSTEM
§ 52.030  CONNECTING BUILDING SEWER TO PRIVATE SYSTEM.
   Where a public sanitary or combined sewer is not available under the provisions of § 52.004, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.031  PERMIT REQUIRED FOR CONSTRUCTION OF PRIVATE SEWAGE DISPOSAL SYSTEM.
   Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $10 shall be paid to the town at the time the application is filed.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.032  MAINTENANCE OF PRIVATE SEWAGE DISPOSAL FACILITIES.
   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.033  COMPLIANCE WITH STATE BOARD OF HEALTH; HEALTH OFFICER.
   (A)   The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Board of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
   (B)   No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.034  INSPECTION.
   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Superintendent.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.035  PUBLIC SEWER AVAILABILITY.
   (A)   At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 52.033, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
   (B)   When a public sewer becomes available, the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
BUILDING SEWERS AND CONNECTIONS
§ 52.045  PERMIT REQUIRED.
   No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk Treasurer.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.046  CLASSES OF PERMITS.
   (A)   There shall be two classes of building sewer permits:
      (1)   For residential and commercial service, and
      (2)   For service to establishments producing industrial wastes.
   (B)   In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Inspector. A permit and inspection fee of $5 for a residential or commercial building sewer permit and $15 for an industrial building sewer permit shall be paid to the Clerk Treasurer at the time the application is filed.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.047  COSTS AND EXPENSES.
   All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.048  SEPARATE BUILDING SEWER.
   A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.049  USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.
   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Inspector, to meet all requirements of this chapter.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.050  CONFORMITY WITH RULES AND REGULATIONS.
   The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.051  SIZE AND SLOPE.
   The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.052  ELEVATION AND ALIGNMENT.
   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.053  SOURCES OF SURFACE RUNOFF OR GROUND WATER; CONNECTION TO BUILDING DRAINS PROHIBITED.
   No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface run-off or groundwater to a building sewer, or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.054  EXCAVATIONS; BARRICADES.
   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.055  INSPECTION OF CONNECTION TO PUBLIC SEWER.
   The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector or his representative.
(Ord. VI-B-2-a, passed 12-12-77)
USE OF PUBLIC SEWERS
§ 52.065  DISCHARGE OF STORM WATER AND OTHER UNPOLLUTED WATERS.
   No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water, or unpolluted industrial process water. The town shall require the removal of unpolluted waters from any wastewater collection or treatment facility if such removal is cost-effective and is in the best interest of all users of those facilities.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.066  PERMISSION REQUIRED FOR DISCHARGE OF STORM WATER AND OTHER UNPOLLUTED WATERS.
   Stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the town. No new connection shall be made unless there is capacity available in all downstream sewers, lift stations, force mains, and the sewage treatment plant including capacity for BOD and suspended solids.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.067  DISCHARGE OF COOLING WATER AND OTHER UNPOLLUTED WATERS.
   (A)   No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
   (B)   Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.
   (C)   Unpolluted water from air conditioners, cooling, condensing systems or swimming pools, shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the town. Where a storm sewer is not available, discharge may be to a natural outlet approved by the town and by the state. Where a storm sewer, combined sewer, or natural sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the town.
   (D)   Industrial cooling waters which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with division (C) of this section.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.068  PROHIBITED DISCHARGES TO PUBLIC SEWERS.
   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
   (A)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
   (B)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
   (C)   Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
   (D)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.069  RESTRICTIVE DISCHARGE; SUBJECT TO SUPERINTENDENT REVIEW.
   No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
   (A)   Any liquid or vapor having a temperature higher than 150°F (65°C).
   (B)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150°F (0 and 65°C).
   (C)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
   (D)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
   (E)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
   (F)   Any waters or wastes containing phenols or other waste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdictions for such discharge to the receiving waters.
   (G)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
   (H)   Any waters or wastes having a pH in excess of 9.5.
   (I)   Materials which exert or cause:
      (1)   Unusual concentrations of inert suspended solids (such as, but not limited to Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
      (2)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
      (3)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
      (4)   Unusual volume of flow or concentration of wastes constituting SLUGS as defined herein.
   (J)   Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.070  SUPERINTENDENT'S AUTHORITY AS TO WASTES.
   (A)   If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 52.069 of this chapter, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
      (1)   Require new industries or industries with significant increase in discharges to submit information on wastewater characteristics and obtain prior approval for discharges;
      (2)   Reject the wastes in whole or in part for any reason deemed appropriate by the town;
      (3)   Require pretreatment of such wastes to within the limits of normal sewage as defined;
      (4)   Require control or flow equalization of such wastes so as to avoid any “slug” loads or excessive loads that may be harmful to the treatment works; or
      (5)   Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes.
   (B)   If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.071  GREASE, OIL AND SAND INTERCEPTORS.
   Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the town, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that such interceptors or traps will not be required for private living quarters or dwelling units. All interceptors or traps shall be of a type and capacity approved by the town and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, be gas tight, water tight, and equipped with easily removable covers. Where installed, all grease, oil and sand interceptors or traps shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
§ 52.072  PRELIMINARY TREATMENT FACILITIES.
   Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.073  CONTROL MANHOLES.
   (A)   When required by the Superintendent, the owner of any property serviced by a building sewer carrying any of the substances described in §§ 52.069 or 52.070 of this chapter shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.  (Ord. VI-B-2-a, passed 12-12-77; Am. Ord. VI-B-3-a(2), passed 2-8-90)
   (B)   (1)   The owner of any property serviced by a building sewer carrying industrial wastes or other non-residential wastewater may be required by the town to install a suitable structure together with such necessary meters and other appurtenances in the building to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the town. The structures shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
      (2)   Agents of the town, the State Water Pollution Control Agencies, and the U.S. Environmental Protection Agency shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling and testing.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.074  MEASUREMENTS, TESTS AND ANALYSES.
   (A)   All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.)
   (B)   All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with latest edition of “Standard Methods,” except for applications for NPDES permits and reports thereof which shall be conducted in accordance with rules and regulations adopted by the USEPA, published in the Federal Register October 16, 1973 (38 CFR 20758), and any subsequent revisions subject to approval by the town.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.075  SPECIAL AGREEMENTS BETWEEN TOWN AND INDUSTRIAL CONCERNS.
   No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefore, by the industrial concern, at such rates as are compatible with the rate schedule.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.076  PRETREATMENT.
   Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the rules and regulations adopted by the United States Environmental Protection Agency (USEPA) and published in the Federal Register on November 8, 1973 (40 CFR Part 128), and “Federal Guidelines Establishing Test Procedures for Analysis of Pollutants” published in the Federal Register on October 16, 1973 (40 CFR Part 136), in addition to any more stringent requirements established by the town, and any subsequent state or federal guidelines and rules and regulations. All major contributing industries shall be in compliance with pretreatment requirements no later than December 10, 1976 and shall commence construction of pretreatment facilities no later than June 10, 1975 except as provided for in 128.140 (40 CFR Part 128) where effluent guidelines pursuant to Section 301(b) and 304(b) of Public Law 92-500  (being the Clean Water Act, 33 USC §§ 1251 et seq.) were not promulgated prior to December 10, 1973. In such cases, major contributing industries shall be in compliance within three years and construction shall be commenced within 18 months of the date of promulgation.
(Ord. VI-B-2-a, passed 12-12-77)
Editor's note:
   40 CFR Part 128 has been superseded.  E.P.A. rules and regulations concerning water programs are currently set forth in 40 CFR 100 et seq.
§ 52.077  PRELIMINARY TREATMENT.
   Plans, specifications, and any other pertinent information relating to pretreatment or control facilities shall be submitted for approval of the town and no construction of such facilities shall be commenced until approval in writing, is granted. Where such facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his expense and shall be subject to periodic inspection by the town to determine that such facilities are being operated in conformance with applicable federal, state and local laws and permits. The owner shall maintain operating records and shall submit to the town a monthly summary report of the character of the influent and effluent to show the performance of the treatment facilities and for comparison against town monitoring records.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.078  TESTING OF LARGE VOLUME DISCHARGES AT USER'S EXPENSE.
   The town may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flows characteristics. Such measurements, tests, and analysis shall be made at the users' expense. If made by the town, an appropriate charge may be assessed to the user at the option of the town.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.079  DETERMINATION OF STRENGTH OF WASTEWATERS.
   The strength of wastewaters shall be determined, for a periodic establishment of charges provided for in the rate schedule, from samples taken at the aforementioned structure at any period of time and of such duration and in such manner as the town may elect, or, at any place mutually agreed upon between the user and the own. Appropriate charges for sampling and analysis may be assessed to the user at the option of the town. The results of routine sampling and analysis by the user may also be used, for determination of charges after verification by the town.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.080  NOTIFICATION OF UNUSUAL FLOWS REQUIRED.
   Users of the treatment works shall immediately notify the town of any unusual flows or wastes that are discharged accidentally or otherwise to the sewer system.
(Ord. VI-B-2-a, passed 12-12-77)  Penalty, see § 52.999
RATES AND CHARGES
§ 52.090  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EQUIVALENT DWELLING UNIT (EDU).  The average daily flow to the sewage works for a single-family residence served by a 5/8 inch through 3/4 inch meter, but not in excess of 310 gallons per day. The Town Council shall determine the number of EDUs based on an industry- standard formula.
   USER.  Any natural or artificial person, including an individual, company, association, firm, municipal or private corporation, society, institution, enterprise, governmental agency, or other entity who uses the sewage works or sewage services of the town.
   USER CLASS.  The division of sewage works system customers by source, function, characteristics, and process or use similarities (i.e., commercial, industrial/manufacturing, institutional, and residential), as determined by the Town Council. If more than one user class should apply to a sewage works system customer, the Town Council shall determine the primary category to which the customer belongs for billing purposes.
      (1)   COMMERCIAL USER.  Any establishment involved in a commercial enterprise, business or service that discharges primarily segregated domestic waste or wastes from sanitary conveniences into the sewage works system.
      (2)   INDUSTRIAL/MANUFACTURING USER.  Any establishment involved in an industrial or manufacturing setting whose business is not typically open to the general public.
      (3)   INSTITUTIONAL USER.  Any establishment involved in the social, charitable, religious, and/or educational function that discharges primarily segregated domestic waste or wastes from sanitary conveniences into the sewage works system.
      (4)   RESIDENTIAL USER.  A user of the sewage works system whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.
(Ord. VI-B-2-a, passed 3-8-84; Am. Ord. VI-B-2-a(2), passed 7-12-90; Am. Ord. VI-B-2-a(12), passed 2-25-99; Am. Ord. VI-B-2-a(22), passed 6-12-14; Am. Ord. VI-B-2-a(24), passed 8-9-18)
§ 52.091  SCHEDULE OF RATES AND CHARGES.
   (A)   There shall be and are hereby established for use of sewage services of the sewage works system of the town effective for the consumption/usage month beginning September 1, 2018, to be paid by each user of the sewage services of the sewage works system, the following rates and charges:
      (1)   Total monthly user charge.  The total monthly user charge is the sum of each user's volume charge determined by water meter readings and the local capital charge per month by user class as set forth below:
         (a)   Volume charge. The volume charge is comprised of the costs of operation, maintenance, and replacement collection system charges. Sewage works rates and charges for operation, maintenance, replacement, and collection system charges shall be determined by usage and a volume charge is hereby established in the amount of $5.88 per 1,000 gallons metered regardless of user class.
         (b)   Local capital charge.  There shall be a local capital charge based upon user class as follows:
Meter Size
Meter Equivalency
Commercial Monthly Base Rate
Industrial and Manufacturing Monthly Base Rate
Residential and Institutional Monthly Base Rate*
Meter Size
Meter Equivalency
Commercial Monthly Base Rate
Industrial and Manufacturing Monthly Base Rate
Residential and Institutional Monthly Base Rate*
5/8 through 3/4 inch meter
   1.00
   $28.56
$16.35
   $5.78
1 inch meter
   2.50
   $71.39
$40.88
   $14.44
1 1/2 inch meter
   5.81
   $165.92
$94.99
   $33.56
2 inch meter
   10.01
   $285.86
$163.66
   $57.80
3 inch meter
   23.03
   $657.69
$376.54
   $132.99
4 inch meter
   40.96
   $1,169.74
$669.70
   $236.52
6 inch meter
   92.16
   $2,631.36
$1,506.82
   $532.17
8 inch meter
   163.84
   $4,678.96
$2,678.78
   $946.08
*Unmetered users will have a total monthly user charge of $32.04.
 
      (2)   Connection charges.  A connection charge shall be collected from each customer prior to connection to the sewage works system.
         (a)   The connection charge shall be:
 
Residential
Non-Residential
$1,500.00
per EDU
 
         (b)   A charge is hereby established in the amount of $1,500 per EDU for each residential connection pursuant to this section. For any commercial, industrial, or institutional facility connecting to the sewage works system, the charge under this section shall be equal to its estimated number of EDUs, as determined by the Town Council, multiplied by the charge per EDU as established in this section. In addition to the connection charge, the customer shall reimburse the town (or any subcontractor or designee) in the amount equal to the cost of labor and material necessary for tapping the main, meter installation, and installation of service from the main to the curb stop.
      (3)   Surveillance charge. The charge for an independent consultant test shall be all the actual costs of the test, combined.
   (B)   A copy of the schedule of rates and charges adopted in this section shall be kept on file and available for public inspection in the office of the Clerk-Treasurer.  The rates and charges established for any class of user or property shall cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.
   (C)   Notwithstanding anything to the contrary in this section, a user who has entered into a then-current contract with the town to pay a sewer rate that differs from the rate of the user’s respective user class shall be billed and pay the contractual rate instead. This provision is subject to I.C. § 36-9-23-25.
(Ord. VI-B-2-a, passed 3-8-84; Am. Ord. VI-B-2-a(7), passed 9-24-92; Am. Ord. VI-B-2-a(10), passed 1-26-95; Am. Ord. VI-B-1-b(7), passed 7-27-95; Am. Ord. VI-B-2-a(11), passed 3-27-97; Am. Ord. VI-B-2- a(12), passed 2-25-99; Am. Ord. VI-B-2-a(20), passed 10-14-10; Am. Ord. VI-B-2-a(22), passed 6-12-14; Am. Ord. VI-B-2-a(24), passed 8-9-18)
§ 52.092  SURCHARGES.
   There is hereby established the following surcharges that certain industrial users will be charged based upon strength of sewage discharged.
 
Excess Strength Surcharge
Cents Per Pound
Biochemical oxygen demand
$0.1780
Suspended solids
$0.2172
Ammonia
$0.1338
Phosphorus
$1.5000
 
(Ord. VI-B-2-a(24), passed 8-9-18)
§ 52.093  SUMMER SEWER CREDIT.
   (A)   Summer sewer credit qualification. Residential users of the sewage works system may receive a reduction of their sewage bills for lawn sprinkling during summer months by qualifying a residence for the summer sewer credit in the manner described in this section. To qualify a residence for the summer sewer credit, a residential user must:
      (1)   Present conclusive evidence that the user is a residential user, that the user's residence is a single-family dwelling, that the residence was regularly used as such during the preceding winter, that the user does not have a separate irrigation account, and that no part of the residence is used for a commercial or industrial purpose;
      (2)   Request, in advance and on forms prescribed by the town, that the Town Clerk-Treasurer place the user's name on the summer sewer credit list; and
      (3)   Affirm, in advance and on forms prescribed by the town, or reaffirm at the request of the town during the year, to the Clerk-Treasurer that the user is sprinkling water on the user's residential property, and that the user will continue to do so throughout the summer months, as hereinafter defined.
   (B)   Summer sewer credit calculation. For each sewage bill during the months of June, July, and August of a residential user who is qualified under division (A), if the total amount of the bill would be higher than the average sewer bill amount paid by the user for the preceding December, January, and February, then such average amount shall be assessed instead.
   (C)   The town may, by motion, declare that the summer sewer credit for a given year shall be available during different, fewer, or additional months.
(Ord. VI-B-2-a(12), passed 2-25-99; Am. Ord. VI-B-2-a(22), passed 6-12-14; Am. Ord. VI-B-2-a(24), passed 8-9-18)
§ 52.094  PERMIT REQUIRED.
   Before connection, a permit must be filed by the customer with the Town Clerk-Treasurer on a form supplied by the town. Such application must be completed in full, and to the satisfaction of the Clerk-Treasurer, prior to connection. A permit shall not be validly issued until the connection charges and all other applicable charges have each been paid in full and the permit has been approved by the town.
(Ord. VI-B-2-a(12), passed 2-25-99; Am. Ord. VI-B-2-a(22), passed 6-12-14)
§ 52.095  INVOICES.
   Invoices for bills for use of the sewage works system shall be mailed to the customer by the fifteenth day of each month and shall be due by the last working day of the month in which they are due unless otherwise indicated on the invoice or bill. If any rate or charge is not paid in full by its due date, the rate or charge shall be collected and other applicable action taken in accordance with § 50.04 as may be amended from time to time, or other applicable procedure. Failure to receive any notice described in this section shall not relieve the obligation of the customer to pay the bill or invoice, nor shall it operate as a waiver or bar to any other available remedy of the town.
(Ord. VI-B-2-a(12), passed 2-25-99; Am. Ord. VI-B-2-a(22), passed 6-12-14)
ADMINISTRATION AND ENFORCEMENT
§ 52.100  RIGHT OF ENTRY.
   (A)   The Superintendent, Inspector and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
   (B)   While performing the necessary work on private properties referred to in division (A) of this section, the Superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.073(A).
   (C)   The Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.101  NOTICE OF VIOLATION.
   Any person found to be violating any provision of this chapter except § 52.015 shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.102  LIABILITY.
   Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss, or damage occasioned the town by reason of such violation.
(Ord. VI-B-2-a, passed 12-12-77)
§ 52.999  PENALTY.
   (A)   Any person who shall be found to have violated this chapter shall be responsible for any costs, including reasonable attorney's fees to the extent allowed by law, borne by the town to correct such violation and/or to return the infrastructure to its pre-violation state. If two or more persons shall be found to have caused a respective violation, they shall be jointly and severally liable for all such costs.
   (B)   If a sewer works customer should fail to pay a properly assessed sewer bill under this section in full and in a timely manner, the unpaid bill shall be considered delinquent. The town shall attach a penalty of 10% to any delinquent portion.
   (C)   Any person who shall continue any violation of this chapter beyond the time limit provided for in § 52.101, except with regard to the late payment of bills and with regard to § 52.007, shall be guilty of an ordinance violation and, upon conviction thereof, shall be fined an amount not exceeding $100.00 for each violation. Each day in which any such violation should continue shall constitute a separate violation.
   (D)   Any person found in violation of § 52.007 shall be fined not less than $100.00 nor more than $250.00 for each violation. Each day in which any such violation should continue shall constitute a separate violation.
(Ord. VI-B-2-a, passed 12-12-77; Am. Ord. VI-B-2-a(17), passed 9-13- 01; Am. Ord. VI-B-2-a(24), passed 8-9-18)
CHAPTER 53:  WATER
Section
General Provisions
   53.01   Department of Water Works established
   53.02   Jurisdiction of State Utility Regulatory Commission
   53.03   Cross-connections prohibited; protection from backflow
   53.04   Meter to be read upon vacation of property
Rates and Charges
   53.15   Definitions
   53.16   Deposit
   53.17   Billing
   53.18   Rates and charges
   53.19   Reconnection fee
   53.20   Delinquent bills
   53.21   Permit for service
   53.22   Tap fee
   53.23   Rules subject to change
   53.24   Duties of Clerk-Treasurer
   53.25   Rate changes
GENERAL PROVISIONS
§ 53.01  DEPARTMENT OF WATER WORKS ESTABLISHED.
   (A)   The Department of Water Works is hereby established for the town, pursuant to I.C. §§ 8-1.5-4-2, et. seq., and incorporates herein and makes a part hereof the sections of the Indiana Code, subject to the following modifications.
   (B)   The Board of Directors of the Department of Water Works for the town shall consist of the Town Council.
   (C)   The terms of office of the Directors shall be four years, and the initial term shall be staggered in accordance with Ord. 1984-8-10, pertaining to the staggering of the terms of office of the Town Council.
   (D)   The Board of Directors may, from time to time, set, change and modify the rates charged for consumption of water.
   (E)   Amendments to I.C. § 8-1.5-4-2 by the Indiana Legislature shall constitute amendment to this section, even in the absence of official action by the Town Council adopting such amendments.
(Ord. VI-A-1-a, passed 8-9-84)
§ 53.02  JURISDICTION OF STATE UTILITY REGULATORY COMMISSION.
   The town hereby removes the Town Water Utility from the jurisdiction of the State Utility Regulatory Commission for the approval of rates and charges and the issuance of stocks, bonds, notes, and other evidence of indebtedness.
(Ord. VI-A-3-b, passed 8-25-88)
§ 53.03  CROSS-CONNECTIONS PROHIBITED; PROTECTION FROM BACKFLOW.
   (A)   A CROSS CONNECTION shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the town water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
   (B)   No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary, or emergency water supply other than the regular public waste supply of the town may enter the supply or distribution system of the municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by the Town Public Utility Superintendent, the engineer for the town, and by the State Department of Environmental Management in accordance with 327 IAC 8-10, as amended.
   (C)   It shall be the duty of the Town Public Utility Superintendent to cause inspections to be made of all properties served by the public water system where cross connections with the public water system is deemed possible. It shall be the further duty of the Town Public Utility Superintendent to cause inspections to be made of all backflow preventers in use to assure proper connection, functioning, and protection. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Town Public Utility Superintendent, but shall under no circumstances be less often than annually.
   (D)   Upon presentation of credentials, the Town Public Utility Superintendent shall have the right to request entry, for himself and his assistants or agents, at any reasonable time to examine any property served by a connection to the public water system of the town for cross connections. On request, the owner, lessee, or occupant of any property so served shall furnish to the Town Public Utility Superintendent any pertinent information regarding the piping system or systems on such property. The refusal of access or refusal of requested pertinent information shall be deemed evidence of the presence of cross connections.
   (E)   The Town Water Department is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this chapter exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this chapter.
   (F)   If it is deemed by the Town Public Utility Superintendent that a cross connection or an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the Town Clerk-Treasurer and delivered to the consumer's premises, service may be immediately discontinued. The consumer shall have an opportunity for hearing before the Town Council within ten days of such emergency discontinuance.
   (G)   All consumers using toxic or hazardous liquids, all hospitals, clinics, mortuaries, wastewater treatment plants, laboratories, and all other hazardous users install and maintain a reduce-pressure-principle backflow preventer in the main water line serving each building on the premises. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing.
   (H)   This chapter does not supersede the state uniform plumbing code, but is supplementary to it.
(Ord. VI-B-3-b, passed 7-13-89)  Penalty, see  § 10.99
§ 53.04  METER TO BE READ UPON VACATION OF PROPERTY.
   The town, by and through its water utility, shall read all water meters of a property served by the town waterworks upon written request of an owner or tenant of any property served by the town's waterworks.
(Ord. VI-A-2-a(14), passed 5-24-01)
RATES AND CHARGES
§ 53.15  DEFINITIONS.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   USER.  Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporate, association, society, institution, enterprise, governmental agency, or other entity who makes use of the waterworks system or water services of the town or owners of property served or to be served by the waterworks system or water services of the town.
   USER CLASS.  The division of waterworks users by source, function, characteristics, and process or use similarities (i.e., residential, commercial, institutional, and industrial).
      (1)   COMMERCIAL USER.  Any establishment involved in a commercial enterprise, business or service which, based on a determination by the Town Council, uses water service that primarily segregates domestic water use from sanitary conveniences.
      (2)   INDUSTRIAL USER.  Any user of the waterworks system that uses the supply of water in the manufacturing process or for alteration or cooling process of its product.
      (3)   INSTITUTIONAL USER.  Any establishment involved in the social, charitable, religious, and/or educational function which, based on a determination by the Town Council, use primarily segregated domestic water use from sanitary conveniences.
      (4)   RESIDENTIAL USER.  A user of the waterworks system whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.
(Ord. VI-A-2-a(4), passed 2-13-92; Am. Ord. VI-A-2-a(5), passed 12-9-93; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; ; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.16  DEPOSIT.
   New waterworks users, prior to connection to Town Water Works, must pay a $100 deposit.  However, such deposit shall not be required of new users who own the real estate to which service is to be connected, nor is such deposit required from the town. The deposit described above shall be kept by the Department of Water Works in a fund separate from all other funds.  Said deposit shall be returned to the user upon payment in full of the final bill or invoice for water consumption provided. If the final bill or invoice is not paid as required, the deposit shall be applied toward such amount due. Any balance of the deposit remaining shall be returned to the user. Deposits shall not accrue interest.
(Ord. VI-A-2-a(2), passed 12-29-88; Am. Ord. VI-A-2-a(3), passed 3-28-91; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.17  BILLING.
   A billing charge of $3.76 per month for each user shall be charged. Invoices or bills for water consumption shall be mailed to users by the fifteenth day of each month and be due by the last working day of the month in which they are due unless otherwise indicated on the invoice or bill. If any rate or charge is not paid in full by its due date, then the rate or charge shall be collected and water service will be terminated in accordance with the procedures described in § 50.04. Failure to receive the written notice described in this section shall not relieve the obligation of the user to pay the delinquent bill or invoice, nor shall it operate as a waiver or a bar to disconnection of water service.
(Ord. VI-A-2-a(2), passed 12-29-88; Am. Ord. VI-A-2-a(8), passed 4-25-96; Am. Ord. VI-A-2-a(10), passed 6-27-96; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.18  RATES AND CHARGES.
   (A)   There shall be and are hereby established for use of water services of the waterworks system of the town, effective for the consumption/usage month beginning November 1, 2011, to be paid by each user of the water services of the waterworks system, the following rates and charges:
      (1)   Operation and maintenance charges. Water rates and charges for operation and maintenance charges shall be determined by usage and a base charge is hereby established in the amount of $2.11 per 1,000 gallons used regardless of user class.
      (2)   Debt service charges. Water rates and charges for debt service shall be as stated below, regardless of usage:
Meter Size
Meter Equivalency
Commercial Monthly Base Rate
Residential, Industrial, and Institutional Monthly Base Rate
Under 1" Water Meter
   1.00
   $32.86
   $7.41
1" Water Meter
   2.50
   $82.15
   $18.54
1½” Water Meter
   5.81
   $190.91
   $43.07
2" Water Meter
   10.01
   $328.92
   $74.19
3" Water Meter
   23.03
   $756.73
   $170.70
4" Water Meter
   40.96
   $1,345.89
   $303.59
6" Water Meter
   92.16
   $3,028.22
   $683.08
8" Water Meter
   163.84
   $5,383.53
   $1,214.38
      (3)   Fire protection service charges.
         (a)   There shall be an annual charge to each owner of a municipal hydrant and to each owner of a private hydrant as follows:
 
Meter Size
Annual Hydrant Charge
Public
  $0.00
Private
$703.40
            (b)   There also shall be a charge to each user a monthly fire protection charge as follows:
Meter Size
Meter Equivalency
Monthly Fire Protection Charge
Under 1" Water Meter
   1.00
$8.99
1" Water Meter
   2.50
$22.46
1½” Water Meter
   5.81
$52.10
2" Water Meter
   10.01
$89.82
3" Water Meter
   23.03
$206.60
4" Water Meter
   40.96
$368.29
6" Water Meter
   92.16
$826.42
8" Water Meter
   163.84
$1,472.50
         (4)   Private sprinkler charges. There shall be an annual charge as provided below for each private sprinkler system:
 
Line Size
Annual Sprinkler Charge ($)
2 inch line
   $52.05
4 inch line
$208.21
6 inch line
   $461.98
8 inch line
   $819.84
10 inch line
   $1,281.82
   (B)   There is hereby established a minimum charge per month for the uses of the waterworks.
      (1)   Each user shall pay a minimum charge in accordance with the following applicable size of meter installed:
Meter Size
Commercial Minimum
Residential, Industrial, and Institutional Monthly Minimum Charge
Under 1" Water Meter
   $42.95
   $17.50
1" Water Meter
   $92.24
   $28.63
1½” Water Meter
   $201.00
   $53.16
2" Water Meter
   $339.01
   $84.28
3" Water Meter
   $766.82
   $180.79
4" Water Meter
   $1,355.98
   $313.68
6" Water Meter
   $3,038.31
   $693.17
8" Water Meter
   $5,393.62
   $1,224.47
      (2)   The minimum charge is composed of the operation and maintenance charge, the debt service charges, and the monthly billing charges based upon a 3,000 gallon/mouth usage. All other rates and charges, including the monthly fire protection charge, shall be in excess of and in addition to the minimum charge.
(Ord. VI-A-2-a(4), passed 2-13-92; Am. Ord. VI-A-2-a(5), passed 12-9-93; Am. Ord. VI-A-2-a(ll), passed 3-27-97; Am. Ord. VI-A-2-a(12), passed 6-12-97; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.19  RECONNECTION FEE.
   A nonrefundable connection fee of $25 per valve shall be paid by a user whenever connection or reconnection is requested by a user. A nonrefundable disconnection fee of $25 per valve shall be paid by a user whenever disconnection is required for any reason beyond the control of the Department of Water Works. Nonpayment of invoices or bills for water consumption is one example of a reason beyond the control of the Department of Water Works. When reconnection due to nonpayment is necessary, all past due invoices and bills must be fully paid in addition to the reconnection fee.
(Ord. VI-A-2-a(2), passed 12-29-88; Am. Ord. VI-A-2-a(4), passed 10-10-91; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.20  DELINQUENT BILLS.
   All bills or invoices for consumption of water or water service not paid by the last working day of the month in which it is due shall be subject to a collection or deferred payment charge of 10% of the first $3.00 and 3% on the excess of $3.00.
(Ord. VI-A-2-a(2), passed 12-29-88; Am. Ord. VI-A-2-a(4), passed 10-10-91; Am. Ord. VI-A-2-a(8), passed 4-25-96; Am. Ord. VI-A-2-a(10), passed 6-27-96; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.21  APPLICATION FOR SERVICE.
   Before connection or tap-in to the water works, a permit must be filed by the user with the Town Clerk-Treasurer on a form supplied by the town. Such application must be completed in full, and to the satisfaction of the Clerk-Treasurer, prior to connection. A permit shall not be validly issued until the tap- in charges and all other applicable charges have been paid in full and the permit has been approved by the town.
(Ord. VI-A-2-a(2), passed 12-29-88; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.22  TAP FEE.
   (A)   A tap-in charge shall be collected from each user prior to connection to the waterworks system. The tap-in charge shall be as follows:
 
Residential under 1"
Non-Residential/1" or larger
$1,000
Actual cost but not less than $1,000
 
   (B)   In addition to the tap-in charge, the user shall reimburse the town (or any sub-contractor or designee) in an amount equal to the cost of labor and material necessary for tapping the main and installation of service from the main to the curb stop and the cost of furnishing and installing a suitable water meter.
(Ord. VI-A-2-a(4), passed 10-10-91; Am. Ord. VI-A-2-a(4), passed 2-25-93; Am. Ord. VI-A-2-a(13), passed 2-25-99; Am. Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
§ 53.23  RULES SUBJECT TO CHANGE.
   The Board of Directors may from time to time modify or amend these rules and regulations in accordance with the law.
(Ord. VI-A-2-a(2), passed 12-29-88)
§ 53.24  DUTIES OF CLERK-TREASURER.
   The Clerk-Treasurer is hereby authorized and directed to adopt an application form, distribute copies of such rules and regulations to new customers, and otherwise effectuate the provisions of this chapter.
(Ord. VI-A-2-a(2), passed 12-29-88)
§ 53.25  RATE CHANGES.
   A copy of the schedule of rates and charges adopted herein shall be kept on file and available for public inspection in the office of the Clerk-Treasurer. The rates and charges established for any class of user or property shall cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.
(Ord. VI-A-2-a(13), passed 2-25-99; Res. IV-A-2-a(13), passed 11-11-99; Am. Ord. VI-A-2-a(15), passed 10-27-05; Am. Ord. VI-A-2-a(16), passed 8-25-11; Am. Ord. VI-A-2-a(17), passed 10-13-11)
CHAPTER 54:  GARBAGE AND WASTE DISPOSAL
Section
   54.01   Establishing a compost facility
   54.02   Limitations in dumping
 
   54.99   Penalty
§ 54.01  ESTABLISHING A COMPOST FACILITY.
   The town shall, until discontinued at the sole discretion of the town, maintain and operate a compost facility for the sole use of residents of the town at a location or locations determined by the town and as registered with the Indiana Department of Environmental Management.
(Ord. VI-G-1-a(1), passed 2-24-00) Penalty, see § 54.99
§ 54.02  LIMITATIONS IN DUMPING.
   No person, firm and/or corporation, who is allowed by this chapter to use the compost facility, shall deposit any material or substance at the compost facility other than vegetative matter, and other types of organic material that will decompose so as to provide a product that may be used as a soil conditioner. No person, firm and/or corporation, who is allowed by this chapter to use the compost facility, shall make a deposit of any material or substance permitted by this chapter unless deposited during the hours set from time to time and posted by the town for the operation of the compost facility and upon payment of any applicable fee for deposit established by the town.
(Ord. VI-G-1-a(1), passed 2-24-00) Penalty, see § 54.99
§ 54.99  PENALTY.
   A person, firm or corporation violating this chapter or failing to comply with the same shall be guilty of an infraction and subject to a fine of $500 plus prosecution and attorney's fees, in addition to any costs incurred by the town in repairing any of the property damaged by the violator or failure to comply with this chapter and any costs incurred by the town in removing the violation and/or obstruction. Each day any violation shall continue shall constitute a separate offense.
(Ord. VI-G-1-a(1), passed 2-24-00)
TITLE VII:  TRAFFIC CODE
Chapter
   70.   GENERAL PROVISIONS
   71.   TRAFFIC SCHEDULES
   72.   PARKING SCHEDULES
CHAPTER 70:  GENERAL PROVISIONS
Section
   70.01   Authority
   70.02   Interpretation of words and phrases
   70.03   Recording of plats
   70.04   Traffic restrictions for vehicles with three or more axles
   70.05   Motor vehicle registration prima facie evidence as proof of control
   70.06   Horse and buggy parking
   70.07   Towing violations; right to remove
   70.08   Speed limit
   70.09   Enforcement
   70.10   Court procedures
   70.11   Electric personal assistive mobility devices
   70.12   Golf carts
   70.13   Street signs
   70.14   Prohibited parking
   70.15   Carriages for hire
 
   70.99   Penalty
Cross-reference:
   Accident reports; copies, see § 33.18
§ 70.01  AUTHORITY.
   This chapter is enacted pursuant to the provisions of I.C. §§ 9-21-1-2,  9-21-1-3, 36-5-2-9, 36-9-2-7, as well as any and all other applicable statutes with respect to the control and regulation of traffic within the municipal limits of the town.
(Ord. IV-A-1-a, passed 10-10-85)
§ 70.02  INTERPRETATION OF WORDS AND PHRASES.
   As used in this chapter, words and phrases shall have their ordinary meaning except that, in case of conflict, the statutory definitions contained in I.C. § 9-13-2, as amended, shall prevail. Notwithstanding anything to the contrary in the previous sentence, if a word is specifically defined in a section or schedule of this chapter, that definition shall control instead throughout that respective section or schedule.
(Ord. IV-A-1-a, passed 10-10-85; Am. Ord. IV-A-1-a(34), passed 1-12-17)
§ 70.03  RECORDING OF PLATS.
   The street, alley and highway names hereafter used in this chapter shall be as shown on the recorded plat of the town, now of record in the Recorder's Office in and for the county, with the exception that plats filed after this date shall be admissible in evidence where they have been first approved by the Town Council prior to recordation in the office.
(Ord. IV-A-1-a, passed 10-10-85)
§ 70.04  TRAFFIC RESTRICTIONS FOR VEHICLES WITH THREE OR MORE AXLES.
   (A)   Definition. As used in this section, THROUGH TRAFFIC refers to traffic initiated at and destined for points outside the town.
   (B)   Unless a detour route has been posted or a police officer otherwise directs, through traffic is hereby prohibited for all motor vehicles with three or more axles except for the following town streets: Main Street, Depot Street, Middlebury Street, Van Buren Street, North Village Drive, Farver Street, North and South Morton Street, and North Street.
(Ord. IV-A-1-a, passed 10-10-85; Am. Ord. IV-A-1-a(3), passed 3-12-87; Am. Ord. IV-A-1-a(34), passed 1-12-17)  Penalty, see § 70.99
§ 70.05  MOTOR VEHICLE REGISTRATION PRIMA FACIE EVIDENCE AS PROOF OF CONTROL.
   The current