Lake Station City Zoning Code

(a)

The legislative branch of the city is the common council which is the legislative body (I.C., 36-1-2-9) and is organized pursuant to I.C., 36-4-6-1 et seq. It shall faithfully perform the duties and responsibilities contained in the Local Government Code and the several statutes of the state and shall act as the city fiscal body pursuant to I.C., 36-1-2-6.

(b)

The council shall be composed of seven (7) members. Five (5) members shall be elected from the districts established in section 3-2 of this Code, and two (2) at-large members.

(c)

Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which he or she resides. The two (2) at-large candidates receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.

(Ord. No. 84-5, § 1B, 3-1-84)

(a)

The city is divided into five (5) districts for purposes of conducting elections for city officers.

(b)

A map indicating the five (5) councilmanic districts shall be kept on file in the clerk-treasurer's office, and shall be open for public inspection during regular business hours. Said map shall be designated "Exhibit 1" and incorporated herein and made a part hereof by reference.

(c)

The districts shall be governed by the provisions of I.C., 36-4-6-4, and I.C., 3-1-8-1 et seq.

The common council shall hold regular meetings on the first and third Thursdays of each month at 7:30 p.m., prevailing time, provided, however that when the day fixed for a regular meeting of the council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding weekday not a holiday unless cancelled by majority vote of the common council. All regular meetings of the council shall be held in the Council Chambers, 3625 Central Avenue, Lake Station, Indiana.

State Law reference— Regular and special meetings of the common council, I.C., 36-4-6-7.

Any meeting of the common council which is not a regular meeting, whether designated a work session or otherwise, shall be called and subject to notice in the manner required by this section.

(1)

The mayor may call a special meeting of the council whenever, in his or her opinion, the public's business requires it. A special meeting may also be called by not less than four (4) members of the council by the execution of a written special meeting request form. Such form shall contain the date of the request, the date and time of the special meeting, the place of the meeting (if it is to be held at a place other than the place designated for regular meetings of the council), the purpose of the meeting, signature lines for the signatory members of the council and the dates of each signature.

(2)

Such special meeting request forms in blank shall be kept by the president pro tempore of the council and in the office of the clerk-treasurer. The councilmember or members requesting the special meeting shall be responsible for obtaining and filling out the form, obtaining the signatures of sufficient members of the council to call the meeting, and for delivering the form to the clerk-treasurer. The clerk-treasurer shall, upon receipt of a duly completed and executed special meeting request form or a notice of special meeting issued by the mayor under subsection (3), give written notice of the special meeting and the purpose for which the meeting is called by causing same to be served upon each member of the council in person, or by leaving a copy at his or her residence at least forty-eight (48) hours prior to the time of the special meeting.

(3)

In the event a special meeting is called by the mayor, the mayor shall give written notice to the clerk-treasurer of the date, time, place and purpose of the meeting.

(4)

Notice of special meetings shall be given to the public and to news media representatives by the clerk-treasurer in the manner required by law, and notice shall be posted on the door of the meeting room. No business shall be transacted during a special meeting except for the purpose or purposes stated in the notice.

(5)

Requests for special meetings by councilmembers or notices of special meetings by the mayor must be delivered to the clerk-treasurer not less than five (5) business days prior to the date of the meeting.

(6)

If a special meeting is required to deal with an emergency involving actual or threatened injury to person or property, or actual or threatened disruption of a governmental activity under the jurisdiction of the city by any event, then the time requirements of notice under this section shall not apply, but news media which have requested notice of meetings must be given the same notice as is given to the members of the council, and the public must be notified by posting a copy of the notice according to law.

(7)

Attendance by a councilmember at a special meeting of the council constitutes waiver of notice.

(Ord. No. 80-17, § 2, 5-1-80; Ord. No. 2001-04, § 1, 3-1-2001)

(a)

All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the common council shall be delivered to the clerk-treasurer at least seventy-two (72) hours prior to each council meeting.

(b)

The clerk-treasurer shall immediately arrange a list of such matters according to council's order of business and furnish each member of council, the council attorney, the mayor and the city attorney with a copy of the same prior to the council meeting. The agenda shall be fixed seventy-two (72) hours prior to the meeting and delivered not less than forty-eight (48) hours prior to the council meeting.

(c)

Matters of unusual importance or of an emergency nature may be added to the agenda at any time by the presiding officer or a councilmember with the consent of a majority of all members elected to the council.

(Ord. No. 65-458, 4-15-65; Code § 105.03)

(a)

The mayor shall be the presiding officer of the common council whenever present, and may only vote when necessary to break a tie pursuant to state law.

(b)

The presiding officer shall preserve strict order and decorum at all regular and special meetings of council, announce the decision of council on all subjects and decide all questions of order, subject, however, to an appeal to council, in which event a majority vote of council shall govern and conclusively determine such question of order.

(Ord. No. 65-458, 4-15-65; Code §105.04)

State Law reference— Presiding officer and authority to vote to break tie, I.C., 36-4-6-8(b).

(a)

The mayor shall take the chair at the time appointed for the meeting and shall immediately call the common council to order.

(b)

In the absence of the mayor, the president pro tempore shall preside.

(c)

Upon the arrival of the mayor, the president pro tempore shall relinquish the chair upon the conclusion of the business immediately before the council.

(Ord. No. 65-458, 4-15-65; Code §105.05)

State Law reference— Selecting a president pro tempore, I.C., 36-4-6-8(b).

Before proceeding with the business of common council, the clerk-treasurer shall call the roll of the members, and the names of those present shall be entered in the minutes.

(Ord. No. 65-458, 4-15-65; Code §105.06)

A majority of all the members elected to the common council shall constitute a quorum at any regular or special meeting of council, and a majority vote of all members duly elected pursuant to section 3-1 of this Code, shall be required to pass an ordinance, pursuant to the several statutes of the state. However, an ordinance shall not be passed on the same day or at the same meeting it is introduced, except by unanimous consent, and then only in case there are present and voting at least two-thirds ( 2/3 ) of all members duly elected pursuant to section 3-1 of this Code, of the council. In the absence of a quorum, the presiding officer may compel the attendance of absent members.

(Ord. No. 65-458, 4-15-65; Code §105.07)

State Law reference— Quorum, I.C., 36-4-6-10.

In any vote on any motion, resolution, ordinance or other matter brought before the common council, it shall be the privilege and right of any member of the common council present, without the need for stating his or her reason for abstaining from a vote and without the need for filing any type of statement of cause or justification, to abstain from said vote and cast neither an affirmative nor a negative vote on any such issue. In this regard, it is the intention of the common council that any such vote shall be recorded in a third category and as a nullity and shall not be counted in any way in attempting to determine the number of affirmative votes or negative votes which might have been cast on an issue and further shall not be counted in any manner to attempt to determine if a "tied vote" has occurred (i.e., 4 "yes", 2 "no", 1 "abstain"). It is further the intention of the common council that, even though the presence of the member shall be counted for the purpose of establishing a quorum and for the purpose of determining the number of members present required to pass or defeat any such issue (e.g., votes requiring two-thirds ( 2/3 ) of the elected members present or votes requiring a majority of the members present, etc.), the act of abstaining from the vote shall result in a nullity of action and shall have the same effect in counting affirmative and negative votes cast on any such issue as if the member had not even been present at the meeting.

(Ord. No. 98-01, 2-19-98)

Editor's note— Ord. No. 98-01, adopted Feb. 19, 1998, amended the rules of procedure of the common council to add provisions which pertained to abstaining from a vote. Such ordinance did not specify manner of codification; hence, for purposes of classification such provisions have been designated by the editor as § 3-9.1.

All regular and special meetings of the common council shall be open to the public, and shall conform with the requirements of the Indiana Open Door Law. Promptly at the hour set and on the day of each meeting the members of council, the clerk-treasurer, and the mayor shall take their regular stations in the council chambers, and the business of the council shall be taken up for consideration and disposition.

(Ord. No. 65-458, 4-15-65; Code § 105.08)

State Law reference— Indiana Open Door Law, I.C., 5-14-1.5-1—5-14-1.5-7.

The following order of business shall be observed at every regular meeting of the common council unless temporarily set aside or altered for good cause at any time by the presiding officer, with the consent of the majority of the common council:

(1)

Roll call.

(2)

Approval of minutes of previous meeting.

(3)

Reading of agenda.

(4)

Petitions, remonstrances and public statements.

(5)

Reports of departments, boards, and committees.

(6)

Unfinished business.

(7)

New business.

(8)

Comments of the council.

(9)

Comments of the mayor.

(10)

Adjournment.

No meeting of the council shall be adjourned without a motion for adjournment, duly seconded and favorably acted upon by a majority of councilmembers present.

(Res. No. 79-2, 3-1-79)

The following rules shall govern debate in all meetings of the common council:

(a)

Presiding officer may debate and vote. The presiding officer may debate and vote from the chair, subject to such limitations as are imposed by law and by these rules on all members.

(b)

Getting the floor; improper references to be avoided. A councilmember desiring to speak shall address the chair and, upon recognition by the presiding officer, shall be confined to the question under debate, avoiding all personalities and indecorous language.

(c)

Interruptions. A councilmember, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a councilmember, while speaking, is called to order, he shall cease speaking until the question of order is determined, and if in order shall be permitted to proceed.

(d)

Privilege of closing debate. The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(e)

Parliamentary rules. All matters not otherwise specifically covered herein shall be governed by the most recent edition of Robert's Rules of Order.

(Ord. No. 2001-3, § 2, 3-1-2001)

(a)

A person desiring to address the common council under business heading "Petitions, Remonstrances and Public Statements", may do so without prior permission subject to subsection (c) below.

(b)

As to all other business of the common council, a person desiring to address the council shall first secure permission of the presiding officer to do so and in the absence of such permission may appeal to the council for permission to be heard and such permission may be granted by a majority vote of the council.

(c)

A person addressing the common council shall give his name and address in an audible tone of voice for the records and, unless further time is granted by council, shall limit his address to five (5) minutes.

(d)

Persons other than councilmembers and any person having the floor shall not be permitted to enter into a discussion, either directly or through a member of the council, without the permission of the presiding officer.

(e)

Questions shall not be asked a councilmember except through the presiding officer.

(Ord. No. 65-458, 4-15-65; Code §§ 105.11, 105.13)

When a motion is before the common council, a person shall not address the council without first securing the permission of the presiding officer to do so.

(Ord. No. 65-458, 4-15-65; Code § 105.12)

Any person who makes personal, impertinent, or slanderous remarks or who becomes boisterous or delays or interrupts the proceedings or peace of the common council, or refuses to comply with the orders of the presiding officer, shall be forthwith, by the presiding officer, barred from further attendance at the council meeting.

(Ord. No. 65-458, 4-15-65; Code § 105.16)

The chief of police, or such member or members of the police department as he may designate, shall be sergeant-at-arms of council meetings and shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at council meetings.

(Ord. No. 65-458, 4-15-65, Code § 105.17)

(a)

Standing committees shall be appointed by the president pro-tem of the council with the approval of the common council.

(b)

A committee of the whole shall be a standing committee. The president pro-tem of the council shall be the presiding officer of the committee of the whole, and the rules of proceedings in council shall be observed in the committee of the whole as far as the same may be applicable.

(Ord. No. 65-458, 4-15-65; Code § 105.20)

Special committees, as needed, shall be appointed by the council.

(Ord. No. 65-468, 4-15-65; Code § 105.19)

A councilmember shall have the right to have the reasons for his vote entered in the minutes, upon providing the clerk-treasurer a complete written statement of same, prior to adjournment of the council meeting.

(a)

All ordinances which are of a general and permanent nature, and which would amend the Lake Station City Code, shall be in the following form:

Ord. No. _______

(Include the last two digits of the calendar year followed by a dash and the chronological number of the ordinance: Ex. 85-1) (Short title)

An Ordinance of the Common Council of the City of Lake Station, Indiana, amending Chapter _______, Article _______, Section(s) _______, of the Lake Station City Code by the inclusion/deletion of Section(s), entitled _______.

WHEREAS, (background statements setting forth the purpose or background of the Ordinance where appropriate)

WHEREAS,

WHEREAS,

WHEREAS,

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF LAKE STATION, INDIANA, AS FOLLOWS:

SECTION I. Chapter _______, Article _______, Section(s) _______, of the Lake Station City Code, is/are hereby amended to read as follows: (set forth specific amendatory language)

SECTION II. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.

SECTION III. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF LAKE STATION, INDIANA, THIS _______ DAY OF _______, 19___.

_______
Presiding Officer

ATTEST:

_______
Clerk-Treasurer

PRESENTED by me to the Mayor of the City of Lake Station, on the _______ day of _______, 19___ at the hour of ___.m.

_______
Clerk-Treasurer

APPROVED, SIGNED AND RETURNED by me to the Common Council of the City of Lake Station on the _______ day of _______, 19___.

_______
Mayor, City of Lake Station

ATTEST:

_______
Clerk-Treasurer

State Law reference— Procedure for codification of ordinances, I.C., 36-1-5-1 et seq.; requirements for adoption of ordinances, I.C., 36-4-6-14.

Ordinances and resolutions shall be introduced and sponsored by the mayor or member(s) of the council, and any councilmember may assume sponsorship thereof by moving that such ordinances and resolutions be adopted.

(a)

Except as otherwise provided by statute, every ordinance shall receive two (2) readings prior to its passage; provided, that the second reading may be by title only; provided, further, that no ordinance shall receive its second reading or pass at the same meeting at which it was introduced, except by a suspension of the rules by unanimous consent, and then only in case there are present and voting at least two-thirds ( 2/3 ) of all members of the council.

(b)

In no case shall the reading of an ordinance in its entirety be dispensed with on its first reading unless the council shall move to suspend the rules by the unanimous consent as previously set forth and then only on such elongated ordinances as franchise agreements, zoning, redistricting, contracts, and similar ordinances which contain lengthy legal descriptions wherein the reading of same to the public would be of no service, or on lengthy ordinances of a technical nature which may be read in an abbreviated form which summarizes the provisions thereof.

The common council, by majority vote, may appoint an attorney to render advice to and to represent the council, upon such terms as the council may approve by majority vote. Legal research, written opinions of counsel, representation in cases and controversies, and other legal matters assigned to the council attorney must, before they are authorized to be performed, receive the approval of the majority of the Lake Station Common Council either by vote at a meeting thereof or, if delay until a meeting is not advisable or, in an emergency, the approval of a majority of the members of the council communicated directly to the attorney or the president pro-tempore of the common council. Members of the council may obtain oral or telephone consultation with the council attorney without obtaining prior approval of any other member.

(Ord. No. 2001-3, § 1, 3-1-2001)

Unless the draft ordinance is prepared by the attorney for the common council, no draft ordinance shall be introduced for adoption before the council until it shall have been presented to the attorney for the council for legal review and the council has received the attorney's report. Such review shall include a determination of whether the draft ordinance is in proper form, whether it conflicts with any other effective ordinance or the City Code, and whether the council has the legal authority to enact it. The attorney shall report to the council on each such draft ordinance submitted for review within a reasonable time of such submission. The council, by vote of two-thirds of its members, may waive the requirement of review for any draft ordinance under this section.

(Ord. No. 2002-05, § 1, 7-18-2002)

There is established and continued, a city court to be headed and operated by a city judge elected and seated pursuant to I.C., 33-10.1-1-3.

(a)

The city court of shall have jurisdiction over all violations of city ordinances and of all misdemeanors and infractions.

State Law reference— City court criminal jurisdiction, I.C. 33-10.1-2-2.

(b)

The city court has concurrent jurisdiction with the Lake Circuit and Superior Courts in civil cases where the amount in controversy does not exceed five hundred dollars ($500.00) subject to the limitations set forth in I.C., 33-10.1-2-3.1.

(c)

All proceedings to enforce a statute defining an infraction shall be brought in the name of the state.

(d)

All proceedings to enforce a provision of the City Code or an ordinance shall be brought in the name of the city.

(e)

All proceedings to enforce a statute defining an infraction or to enforce a provision of the City Code or ordinance shall be conducted in accordance with the Indiana Rules of Trial Procedure and must be brought within one (1) year after the alleged conduct or violation occurred.

(f)

The plaintiff in a proceeding instituted to enforce a statute defining an infraction or to enforce a provision of the City Code or ordinance must prove the commission of the alleged conduct or violation by a preponderance of the evidence.

(g)

All proceedings to enforce a statute defining an infraction or to enforce a provision of the City Code or ordinance shall be instituted by the issuance of a complaint and summons in the manner and form as prescribed by I.C., 9-4-7-4(b).

State Law reference— Enforcement proceedings for infraction and ordinance violations, I.C., 34-4-32-1.

The city judge shall have all powers incident to a court of record and shall have full power and authority to make and adopt rules and regulations for the conduct of business of the city court in accordance with the several statutes of the state and the Indiana Rules of Procedure.

State Law reference— Power of city courts, I.C., 33-10.1-2-1 et seq.

There is hereby established a city court alcohol program monitoring fee in the amount of fifty dollars ($50.00) which shall be assessed and charged to each and every person found guilty or liable in the city court or who agrees to pay the fee as part of a pre-trial diversion program or plea-agreement, for an infraction, violation or offense involving or relating to the consumption or unlawful possession or distribution of alcoholic beverages. Such fee shall be levied and taxed in the same manner as other costs of court provided by law. The clerk-treasurer of the city shall deposit all of such fees in the alcohol program monitoring fund of the city court under section 3-34 of the City Code for the uses and purposes stated therein. For the purposes of this section, the term "offense involving or relating to the consumption or unlawful possession or distribution of alcoholic beverages" includes, without limitation, violations of City Code sections 5-16, 8-152, 8-153, any infraction or violation of a statute of the state relating to operating a motor vehicle while having an excess blood alcohol concentration, refusal to submit to chemical or other test for alcohol by a police officer, public intoxication and such other offenses which the court may determine are within the purview of this section.

(Ord. No. 2002-16, § 1, 12-20-2001)

There is hereby created a City Court Alcohol Program Monitoring Fund of the City of Lake Station which shall be a cumulative, non-reverting fund. All city court alcohol program monitoring fees assessed pursuant to section 3-34 of the City Code shall be deposited into the fund by the clerk-treasurer. No revenues from general or special tax levies on all of the taxable property of the city may be deposited into the fund. The common council shall annually appropriate, exclusively from the fund, sufficient monies to fund the salary and employment benefits, if any, together with telephone service for an employee of the city court to conduct monitoring of alcohol counseling and rehabilitation programs serving persons under the court's jurisdiction, and monies in the fund shall be expended for no other purpose. Such employee shall be appointed by and under the sole control and supervision of the judge of the city court. Such employee's salary, benefits and office telephone service shall be defrayed exclusively from the fund. No expenditure from the fund shall be made for any purpose before January 1, 2002.

(Ord. No. 2001-16, § 2, 12-20-2001; Ord. No. 2011-17, 10-20-2011)