Lake Station City Zoning Code

The city has the authority to impose a license fee reasonably related to the administrative cost of exercising such regulatory powers.

State Law reference— Authority to impose fee, I.C. 36-1-3-8(5).

(a)

The clerk-treasurer shall issue licenses upon payment of the license fees and compliance with the applicable provisions of this Code.

(b)

The police department shall inspect all places of business under license or required to have a license.

State Law reference— Clerk-treasurer's authority, I.C. 36-4-10-5(10), (11); authority of city to regulate businesses, I.C. 36-8-2-10; authority to inspect, I.C. 36-8-3-10(13).

(a)

The common council shall hear any complaint against a person to whom the city has issued a license in accordance with the provisions of this Code and the several statutes of the State of Indiana.

(b)

The common council may revoke or suspend any license if it finds, after proper notice and hearing, that the person has willfully violated a term or condition of his license, or has willfully done or permitted to be done an act in violation of a statute or provisions of this Code.

(c)

The common council shall file a copy of its findings and determination with the clerk-treasurer within twenty-four (24) hours after they are made.

State Law reference— Similar provisions, I.C. 36-4-5-5.

(Ord. No. 91-29CC, § 1, 12-5-91; Ord. No. 92-05CC, § 1, 4-16-92; Ord. No. 95-013, § 2, 5-4-95; Ord. No. 95-013, § 2(b)—(e), 5-4-95)

The common council shall review on an annual basis all fees established under this chapter.

(a)

The police department is authorized to charge the fee of five dollars ($5.00) per copy of each standard accident report and one dollar ($1.00) per each additional page pursuant to I.C. 9-3-1-3.

(b)

Monies collected shall become part of the accident report account of the city, addressed in section 2-49 of this Code.

(a)

Definitions. For purposes of this section the following terms and phrases shall have their corresponding meanings, to-wit:

(1)

The term "city" shall mean and refer to the City of Lake Station, Indiana.

(2)

The term "person" shall mean and refer to any human being and shall include, without limitation, a person's administrator, executor, guardian, personal representative, custodian, or successor-in-interest by any name.

(3)

The term "emergency medical/advanced life support department" shall mean and refer to the Lake Station Fire/Emergency Medical Services Department.

(4)

The term "director" shall mean and refer to the Department Head of the Lake Station Fire/Emergency Medical Services Department.

(b)

Refusal of service. Any conscious person over eighteen (18) years of age has a right to refuse service of the Lake Station Fire/Emergency Medical Services Department; provided, however, a refusal of service form shall be signed by any person refusing treatment or refusing to be taken to the hospital.

(c)

Transportation to hospital. A person utilizing the services of the Lake Station Fire/Emergency Medical Services Department shall be taken to the nearest licensed hospital. All emergency patients shall be taken to the receiving hospitals only and not any doctor's office or any clinic.

(d)

The City of Lake Station shall charge the following fees:

(1)

Basic life support emergency charge .....$1,550.00

Defined as: Where medically necessary, the provision of basic life support services as defined in the National EMS Education and Practices Blue-print forthe EMT-Basic.

(2)

Advanced life support Level 1 charge .....$1,850.00

Defined as: Where medically necessary, the provision of an assessment by an advanced life support provider and/or the provision of one (1) or more ALS interventions.

(3)

Advanced life support Level 2 charge .....$2,100.00

Defined as: Where medically necessary, the administration of at least three (3) different medications and/or the provision of one (1) or more of the following ALS procedures:

a.

Manual defibrillation/cardioversion

b.

Endotracheal intubation

c.

Central venous line

d.

Cardiac pacing

e.

Chest decompression

f.

Surgical airway

g.

Intraosseus line

(4)

Advanced life support refusal of service .....$150.00

Defined as: Where medically necessary, the provision of an assessment by an advanced life support provider and/or the provision of one (1) or more ALS interventions. After treatment under advanced life support Level 1, patient refuses further treatment and transportation to an emergency medical center. Patient then signs a refusal of service and all ALS procedures are then discontinued.

(5)

Nonresident impact fee, added to each above .....$100.00

Defined as: For the purposes of this section, a "resident" shall mean a person who resides in the corporate boundaries of the city or a person who pays property taxes for real estate locates in the corporate boundaries of the city at the time the services are rendered. A "nonresident" shall mean a person who does not reside in the corporate boundaries of the city or a person who does not pay property taxes for real estate locates in the corporate boundaries of the city at the time services are rendered.

(6)

Mileage charge for ambulance services, per mile .....$20.00

Defined as: This charge shall begin from the time the ambulance arrives at the patient's home or pick-up point to the arrival at the hospital or termination point.

(7)

Medical service fee for oxygen fee within the scope of emergency medical services at the basic life support level .....$90.00

(e)

Fee adjustments. In the event payment is made for ambulance services to a resident of the city by a third-party payor, the city may accept assignment of said payment in full satisfaction of the amount due from the resident, and/or, in its discretion, waive collection of the balance due. In addition, the city reserves the right to adjust in any amount any outstanding balance due for services based on a totality of the circumstances, including but not limited to time and cost of collection and financial circumstances of the resident.

(Ord. No. 2000-8, § 1, 4-6-2000; Ord. No. 2005-25, § 1, 8-4-2005; Ord. No. 2007-24, § 1, 10-4-2007; Ord. No. 2008-26, § 1, 9-18-2008; Ord. No. 2011-24, § 1, 12-29-2011; Ord. No. 2020-13 , 8-13-2020)

Specific provisions governing the requirements for building permits and fees may be found in chapter 7 of this Code.

(a)

If a person is entitled to a copy of a public record under state law and the city has reasonable access to a machine capable of reproducing the public record, then the city shall provide at least one (1) copy of the public record to the person requesting same; however, if the city does not have reasonable access to a machine capable of reproducing the record, then the person shall be entitled only to inspect and manually transcribe the record.

(b)

From the effective date of Ordinance No. 95-013 forward, all offices, agencies, departments and employees of the city, with the exception of the police and fire departments, shall charge and collect the following fees for searching for, accessing, copying, and certifying public records held by the various departments of the city, which costs have been determined to be the actual cost of certifying and copying public records by the city:

(1)

Costs and expenses for inspection and searches. Pursuant to IC 5-14-3-8, no offices, agencies, departments or employees of the city shall charge any fee or expense against any person to either inspect or manually transcribe a public record;

(2)

Copying of single-sided, standard sized records. For each eight and one-half by eleven (8½" × 11") or eight and one-half by fourteen (8½" × 14") page to be copied ten cents ($0.10) per side for black and white, twenty-five cents ($0.25) per side for color;

(3)

Copying of or produced on videotapes, DVD's, CD's, or other electronic medium the greater of, per item:

A.

Those reproduced by the City of Lake Station .....$10.00

B.

Those requiring reproduction by outside resource…$2.00 (plus 105% of outside costs); or

C.

The direct cost of the development of a program, if any; the labor required to retrieve electronically stored data; plus the actual cost of any medium used for electronic output.

(4)

Copying of non-standard-sized records. All other public records in sizes other than those listed above and which cannot be reasonably copied using machines located within the offices of the city and which must be taken to an outside commercial copying facility for reproduction shall be charged at the commercial copying facility's rate plus a service charge of ten dollars ($10.00) per order; and

(5)

Certification of any group of pages. Certification of any group of pages which can be reasonably affixed together into one (1) package shall be five dollars ($5.00) per package. Certification charges are in addition to any applicable copying charges.

(c)

All costs and expenses for public records enumerated herein must be paid in full at the time any such document is requested and all documents must be picked up by the person requesting them from the office from which the document is requested within ten (10) working days of production.

(d)

Notwithstanding the provisions of paragraph (2) of Ordinance No. 95-013 [subsection (b) above], elected officials of the city shall be entitled to obtain up to twenty-five (25) pages of copies of public records of the city in any one calendar month free of charge. When requesting copies in excess of such number, such officials shall be charged and pay for record copies at the same rate and in the same manner as other members of the public. Said allowance for free copies shall not accumulate from month to month.

(e)

Nothing contained in this section is intended to, nor shall any part of this section be construed as, expanding, reducing, modifying or changing any state law regarding access to public documents; the sole and exclusive purpose of this section is to establish a uniform schedule and method for setting fees and charges associated with access to the city's public records.

(Ord. No. 95-013, § § 1—4, 5-4-95; Ord. No. 2001-15, § § 1, 2, 8-16-2001; Ord. No. 2010-18, 12-16-2010)

Editor's note— Ord. No. 95-013, § § 1—4, adopted May 4, 1995, enacted provisions which pertained to charges and fees for searching, accessing and copying public documents. Such ordinance did not specify manner of codification; hence, inclusion herein as § 4-10 was at the discretion of the editor. The user's attention is also directed to § 4-4, Chart of fees, etc.

There shall be assessed the following charges for extinguishing fires:

Structure fires shall be billed at the fixed rate of five hundred dollars ($500.00).

Automobile fires in which the fire department is used to extinguish fires shall be billed a fixed rate of two hundred and fifty dollars ($250.00).

In addition vehicle extrications shall be charged a fixed rate of two hundred and fifty dollars ($250.00).

(Ord. No. 2008-10, 5-15-2008)

Miscellaneous Fee Schedule.

(Ord. No. 2007-02, 9-17-2007; Ord. No. 2007-13, 10-4-2007; Ord. No. 2008-14, 6-18-2008; Ord. No. 2010-15, 10-21-2010)

(a)

Only city residents are allowed to use the city's drop-off center and all patrons shall establish their city residency by providing a valid Indiana driver's license or other documentation deemed sufficient to demonstrate city residency by the superintendent of public works or his designee; and

(b)

The fees set forth in the fee schedule attached hereto as Exhibit A are to be charged to any resident who has already used the drop-off center four (4) or more times that calendar year or has already brought two (2) or more standard sized pick-up loads to the drop-off center as determined by the superintendent of public works or his designee.

(c)

The superintendent if public works shall install the appropriate signage at the drop-off center to advise all users of the above terms and conditions.

(d)

The names and addresses of all users of the drop-off center and the amount of their load shall be entered into an appropriate log or database at the time of each use so that it can be readily determined how many times, if ever, a resident has used the drop-off center and the size of the load(s) the resident brought in.

(e)

In the event of an emergency caused by a flood or other calamity, upon his finding that it is in the best interest of the city and its citizens to do so, the mayor may, by written executive order, temporarily suspend the requirement to pay a fee provided for above until such time as the mayor determines that the suspension is no longer necessary to protect the health, safety, and welfare of the citizens of Lake Station.

(f)

For pick-up items (minimum five dollars ($5.00) for one item), thereafter twenty dollars ($20.00) per yard will be added to utility bill.

EXHIBIT A

Notes:

Lake Station residents only.

Proof of residency required.

January 1st thru December 31st.

(Ord. No. 2010-04, §§ 1—6, 4-15-2010)

Editor's note— Ord. No. 2010-04, §§ 1—6, adopted April 15, 2010, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included as § 4-13.

Cross reference— Public health and safety matters, public nuisances, ch. 6.

(a)

Definitions.

(1)

"Carnival" as used herein shall mean and include amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities and sideshows presented by traveling companies.

(2)

"Circus" as used herein shall mean and include performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: trained animal acts, races, feats of horsemanship, acrobatics, strength, trapeze acting, or clowns.

(b)

Permit required. It shall be unlawful to conduct or operate any carnival or circus which is open to the public and for admittance to which a fee is charged, without first obtaining a permit from the board of public works and safety.

(c)

Application.

(1)

Each applicant for a permit under this section shall procure from the clerk of the board of public works and safety an application for such license which must be filed at least thirty (30) days prior to the proposed carnival or circus.

(2)

The application shall require the applicant to furnish information, including but not limited to the following:

a.

Legal name of the applicant and position;

b.

Present address and telephone number of the applicant;

c.

Name and address of the traveling company or organization;

d.

Location of the proposed carnival or circus;

e.

Proposed dates of the circus or carnival to be in the city;

f.

Number and types of sideshows, concessions, and rides to be included therein;

g.

Date of issuance and number of licenses issued by the city for vendors associated with the circus or carnival;

h.

References of other cities or towns recently visited by the applicant.

(d)

Application procedure.

(1)

Each completed application for a permit under this section shall be accompanied by a site plan, drawing or diagram, showing the location and the layout of the proposed carnival or circus, and proof of required public liability insurance.

(2)

Upon the filing of a complete application, the same shall be referred to the board of public works and safety and thereafter shall be referred by the board to the following departments or agencies for review and recommendation:

a.

To the chief of police or his designee, for a background check of the applicant and for recommendations for crowd and noise control, litter control, proper restroom facilities, security and other matters related to public safety. The chief of police shall also refer the application to the county health department.

b.

To the fire chief and director of E.M.S. or their designees for a check of ingress and egress to the proposed site for proper emergency fire lanes, parking, and other matters related to public safety.

(3)

The board of public works and safety may request or receive inspection reports and recommendations from any other department or bureau prior to or after issuance of a permit.

(4)

Each of the individuals listed in subsection (d)(2) a and b, shall file a signed written report with the board of public works and safety.

(5)

The board of public works and safety shall approve each permit application if it meets all of the requirements of this section.

(6)

Any applicant may appeal a denial of a permit pursuant to the procedures set forth in section 4-3 of this Code.

(e)

Liability insurance required. No permit shall be issued unless the applicant files with the clerk to the board of public works and safety a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with such carnival or circus. Such insurance shall be in the minimum amount of five hundred thousand dollars ($500,000.00) for each person, and one million dollars ($1,000,000.00) for each occurrence. Said policy shall also contain a provision specifically holding the city harmless from any liability resulting from such a carnival or circus. Workmen's compensation coverage shall be in full force and effect during the duration of such carnival or circus which complies with the requirements of the several statutes of the state.

(f)

Permit fees.

(1)

The fee for the issuance of a permit under this section shall be fifty dollars ($50.00) per day of operation.

(2)

All other license requirements of this Code shall be complied with by vendors proposing to do business at the carnival or circus.

(3)

Permits issued under this section shall be done in quadruplicate.

(g)

Hours of operation. In no event shall such a carnival or circus begin before 10:00 a.m. nor shall it continue past 12:00 midnight.

(h)

Violation of section deemed a nuisance. Any carnival or circus operated, conducted or maintained contrary to the provisions of this section shall be unlawful and declared a public nuisance.

(i)

Penalties. Any person who shall violate any of the provisions of this section, shall upon conviction, be fined as provided in section 1-9 of this Code, and each such violation shall constitute a separate offense.

State Law reference— Workers compensation requirements, I.C. 22-3 et seq.

(a)

No person shall own, keep or harbor domestic animal within the city unless such animal is licensed. Written application for a license shall be made to the clerk-treasurer and shall state the name, species, breed, color, gender and distinguishing marks of the animal. The license fee shall be paid to the clerk-treasurer at the time of making the application. The clerk-treasurer shall issue a receipt and a numbered metallic or plastic tag for each animal licensed, and shall maintain for three (3) years two (2) records of such receipts and tags, one arranged alphabetically by name of the animal owner and the other arranged numerically by tag numbers. Such records shall be open to public inspection at all business hours.

(b)

The yearly license fee shall be two dollars ($2.00) for an animal that has been neutered or spayed and five dollars ($5.00) for an animal that has not been neutered or spayed.

(c)

Each animal license issued by the clerk-treasurer shall expire on December 31 next following the date of issuance.

(d)

If ownership of the animal is transferred, the new owner may have the current license transferred to his name upon payment of a fee of one dollar ($1.00).

(e)

The owner shall keep on the animal at all times when the animal is not inside a private building, a collar or harness, and the tag issued by the clerk-treasurer shall be affixed to the collar or harness in such a manner that the tag shall be clearly visible.

(f)

No person shall use a tag for any animal which is issued for a different animal.

(g)

If a license is destroyed or lost, a duplicate or replacement may be obtained from the clerk-treasurer for a fee of one dollar ($1.00).

(Ord. No. 64-444, 10-15-64; Code § 521.03; Ord. No. 92-05CC, § 2, 4-16-92)

Cross reference— Animal regulations, § 6-13 et seq.

(a)

Definitions. As defined in this Section, the words "Itinerant Vendors," "Hawkers," "Peddlers," "Solicitors" and "Canvassers," shall include any transient person who shall engage temporarily in the making or selling of any goods, wares or merchandise of any kind whatsoever, including the sale, or soliciting for sale of photographs and magazine subscriptions within the City regardless of whether such goods, wares or merchandise are peddled from house to house, sold or hawked upon the streets or other public places, or sold from any room, building, structure or lot rented or leased for the purpose of carrying on such business, for present or future delivery, by telephone or otherwise.

(b)

License required. It shall be unlawful for any itinerant vendor, hawker, peddler, solicitor or canvasser of goods, wares or merchandise, to offer the same for sale within the City without having first obtained a license in compliance with the provisions of this Section. This Section shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, or to sales made by Sheriffs, constables, administrators, guardians, receivers or other properly elected and qualified officers, or to sales made by producers of farm or dairy products where such produce was raised or produced on the premises of the seller, or to the sale of newspapers by one who has a regular and established route for sale of the same, or to unpaid agents or members of a nonprofit organization engaged in such activities for the purpose of raising money to be used solely for charitable, community service, nonprofit recreational or religious purposes, consistent with the organization's charter or organizational purposes.

(c)

Term of license. No license shall be issued for less than one (1) day, nor for longer than one (1) year.

(d)

Fee. The amount to be paid for a license shall be Five ($5.00) Dollars per day, Twenty ($20.00) Dollars per week, Fifty ($50.00) Dollars per month, and One Hundred Fifty ($150.00) Dollars per year.

(e)

Clerk-Treasurer to issue. The Clerk-Treasurer shall issue all licenses granted to itinerant vendors, hawkers, peddlers, solicitors and canvassers and each license shall be properly signed by the Clerk-Treasurer, upon the Clerk-Treasurer having received from the applicant the proper sum for such license and upon compliance with all other provisions of this Section.

(f)

Application. Not less than fourteen (14) days prior to the issuance of any license by the Clerk-Treasurer, an applicant for a license, as a condition precedent to the issuance of such license, shall file with the Clerk-Treasurer a sworn application, in writing and in triplicate, on forms to be furnished by the Clerk-Treasurer, which shall give the following information:

(1)

Name and description of the applicant.

(2)

Permanent home address and full local address of the applicant.

(3)

A brief description of the nature of the business and the goods to be sold.

(4)

If employed, the name and the address of the employer, together with credentials establishing the exact relationship.

(5)

The length of time for which the right to do business is desired.

(6)

The manufacturer or producer of the goods or products proposed to be sold, the address of the principal place of business, and point of manufacture or production of such goods or products and the proposed method of delivery.

(7)

Two (2) photographs of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which pictures shall be 2" × 2", showing the head and shoulders of the applicant in a clear and distinguishing manner.

(8)

A full set of fingerprints of the applicant shall be applied to the application under the direction of the Chief of Police or designee thereof.

(9)

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

(g)

Display of license. Any itinerant vendor, hawker, peddler, solicitor or canvasser shall display the license with a photograph as hereinabove specified affixed thereto, when requested to do so by any person when offering to sell any goods, wares, or merchandise, or to any police officer of this City when so requested.

(h)

Expiration date. All annual licenses issued under the provisions of this ordinance shall expire on December 31 of the year when issued. Other than annual licenses shall expire on the date specified in the license.

(Ord. No. 70-22, § 8, 11-19-70)

(i)

Revocation. Licenses issued may be revoked by the Common Council after notice and hearing, for any of the following causes:

(1)

Fraud, misrepresentation or false statement contained in the application.

(2)

Fraud, misrepresentation or false statement made in the course of carrying on his business as itinerant vendor, hawker, peddler, solicitor or canvasser.

(3)

Any violation of this Section.

(4)

Conviction of any crime or misdemeanor involving moral turpitude.

(5)

Conducting the business of itinerant vending, hawking, peddling, soliciting or canvassing, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing.

The Common Council may revoke or suspend any license if it finds, after proper notice and hearing, that the person has willfully violated a term or condition of his license, or has willfully done or permitted to be done an act in violation of a statute or provision of this Code.

The Common Council shall file a copy of its findings and determination with the Clerk-Treasurer within twenty-four (24) hours after they are made.

(j)

Time of business. The time during which itinerant vendors, hawkers, peddlers, solicitors and canvassers may engage in business within the City shall be limited to the hours of 9:00 a.m. through 5:00 p.m. during the days Sunday through Saturday, inclusive, from October 31 to April 30, inclusive, and to the hours of 9:00 a.m. through 9:00 p.m. during the days Sunday through Saturday, inclusive, from May 1 to November 1, inclusive.

(Ord. No. 71-13, 5-7-71)

(k)

Penalty. Any person convicted of violating any of the provisions of this Section shall be fined in the sum of not less than twenty-five dollars ($25.00) nor more than Three Hundred ($300.00) Dollars for each violation thereof. Each separate act of attempted or accomplished vending, hawking, peddling, soliciting or canvassing without a license shall constitute a separate offense.

(Ord. No. 70-22, § 11, 11-19-70)

(a)

Definitions: Except where otherwise indicated by context, the following definitions shall apply in the interpretation and enforcement of this Section:

(1)

"Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

(2)

"Junk" shall mean old iron, steel, brass, copper, tin, lead, or other base metals; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but "junk" shall not include materials or objects accumulated by a person as by-products, waste, or scraps from the operation of his own business or materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes.

(3)

"Junkyard" shall mean a yard, lot, or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling, or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.

(4)

"Junk dealer" shall mean a person who operates a junkyard, as defined above, within the City.

(5)

"Business premises" or "premises" shall mean the area of a junkyard as described in a junk dealer's license or application for license.

(b)

License required. It shall be unlawful for any person to act as a junk dealer in the City whether personally, by agents or employees, singly, or along with some other business or enterprise, without first having obtained a license therefor from the Clerk-Treasurer after approval by the Board of Public Works and Safety. A junk dealer who operates more than one (1) junkyard within the City shall be required to have in effect a separate license for each yard.

(c)

Applications. An applicant for license shall file with the Clerk-Treasurer of a written application signed by himself, if an individual, by all partners, if a partnership, and by the president or chief officer and secretary of a corporation or other organization, upon forms provided by the Clerk-Treasurer, together with five (5) copies of such application and required fee. The application shall be sworn to by each of its signers before a notary public or other officer authorized by law to administer oaths and shall include the following information or material:

Junk dealer applications:

(1)

Name, residence address, and telephone number of each individual owner, partner, or, if a corporation or other organization, each officer and director.

(2)

Trade names used during the previous five (5) years by the applicant and each person signing the application, along with the locations of prior establishments.

(3)

Names and addresses of employers of each person signing the application during the previous five (5) years.

(4)

The trade name and address of the business on behalf of which application is made and its telephone number, if assigned.

(5)

The name, residence address, and telephone number of each person employed or intended to be employed in the business as of the time the application is filed.

(6)

Exact address or location of the place where the business is or is proposed to be carried on, plus a survey prepared by an Indiana licensed surveyor of the actual premises to be used in connection with the business, giving distances in feet and showing adjoining roads, property lines, easements and locations of all buildings on the business premises.

(7)

A diagram or floor plan giving distances and heights, showing floors, exits, entrances, windows, ventilators, and walls of buildings, or on the business premises.

(8)

Such other information as the Board of Public Works and Safety shall find reasonably necessary to effectuate the purposes of this ordinance and to arrive at a fair determination of whether the terms of this Section have been complied with.

(d)

Investigation; approval and issuance of license; junk dealers:

(1)

Upon receipt of an application for a junk dealer's license, the Clerk-Treasurer shall furnish copies of same to the members of the Board. The Chief of Police shall cause an investigation to be made of the applicant's business responsibility and moral character. The proposed or existing premises and equipment with which the junkyard is being or is to be operated shall be examined by the other members of the Board or their duly appointed representatives. No junk dealer's license shall be issued unless the application is approved by the Board.

(2)

The license as issued shall bear the following language on its face: "IMPORTANT: This license applies only to the premises indicated herein and authorizes the licensee to operate a junkyard in a lawful place and manner only; it is not a substitute for any certificate of occupancy, building permit, or other certificate or permit that might be required by law and it does not relieve the licensee of the responsibility to have all such required permits or certificates at all times and comply with all laws affecting the above-described business."

(3)

The Clerk-Treasurer shall keep a permanent record of all applications filed and all licenses issued in accordance with this Section.

(e)

Period of license and renewal procedure.

(1)

Any license or renewal license issued hereunder shall be effective as of the date of its issuance and shall expire one (1) year from the date of its issuance.

(2)

An applicant for a renewal license shall file with the Clerk-Treasurer a written application upon forms provided by the Clerk-Treasurer, signed and sworn to in the same manner required in the case of an original application. The application shall contain such information of the licensed business during the preceding license period as is reasonably necessary to enable the Board to determine the applicant's eligibility for a renewal license.

(f)

License fees. The annual fee to be paid for any license or renewal license issued hereunder shall be two hundred fifty dollars ($250.00), due and payable upon, and to be computed as of the date of issuance of such license.

(g)

License not transferable. No license issued shall be transferred or assigned or used by any person other than the one to whom it was issued, and no junk dealer's license shall be used at any location other than the one described in the application upon which it was issued.

(Ord. No. 71-16, § 8, 6-17-71)

(h)

General operating requirements. The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Section:

(1)

The license issued shall be conspicuously displayed on the business premises.

(2)

The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.

(3)

No space not covered by the license shall be used in the licensed business.

(4)

No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes or other insects.

(5)

Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than twelve (12) inches.

(6)

No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as defined herein and is in use in the licensed business.

(7)

No junk shall be allowed to rest upon or protrude over any public street, walkway, or curb or become scattered or blown off the business premises.

(8)

Junk shall be stored in piles not exceeding eight (8) feet in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes.

(9)

No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard.

(10)

Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.

(11)

No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of the Building Code; and no junk or other material shall be burned on the premises in the open except in accordance with requirements of the Fire Prevention Code, and the regulations promulgated by the Air Pollution Control Board of the State of Indiana.

(12)

No noisy processing of junk or other noisy activity shall be carried upon the licensed business premises on Sundays, or on any day between the hours of 6:00 p.m. and 7:00 a.m.

(13)

The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid vertical wall or fence of a minimum height of twelve (12) feet measured from ground level and constructed of nonflammable materials. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business. The height of any junk stored on the premises shall not exceed the height of such wall or fence.

(14)

The license shall permit inspection of the business premises by any member or representative of the Board at any reasonable time.

(15)

No junk dealer licensed hereunder or his agent or employee shall purchase or receive any junk for use in the licensed business from any person under the age of eighteen (18) years without the written consent of a parent or guardian of such person. Such writing shall be held available for inspection by any member, or representative of the Board for a period of at least three (3) years.

(16)

Each acquisition of junk shall be recorded in English in a permanent register kept on the business premises, giving the name and residence address of the person from whom the acquisition was made, a description of the junk acquired, and the date of the transaction. Such data shall be held available for inspection by any member, or representative of the Board for a period of at least three (3) years.

(17)

No junkyard shall be allowed to become a nuisance; nor shall any junkyard be operated in such manner as to become injurious to the health, safety, or welfare of the community or of any residents.

(i)

Inspections. The Board of Public Works and Safety or its duly authorized representatives, shall inspect the junkyards of all junk dealers licensed under this Section at least once a year to determine whether such yards are being operated in accordance with the provisions of this Section and other applicable provisions of law. Such inspections shall be by written report filed with the Board of Public Works and Safety.

(j)

Revocation and suspension. When the Common Council, after proper notice and hearing, determines that the public interest so requires, it shall revoke or suspend the license of any junk dealer when it finds, after due investigation, that:

(1)

The junk dealer or any agent or officer of such dealer who takes part in the operation of the licensed business is not of good character or reputation or is not capable of operating the licensed business or carrying on the licensed activity in a manner consistent with public health and safety; or

(2)

The junk dealer has failed to comply with the provisions of this Section or any provision of law applicable to the premises, equipment, or operation of the licensed business; or

(3)

The licensee has obtained his license through fraud or misstatement; or

(4)

The licensed business or activity is being conducted in a manner detrimental to the health, safety, or general welfare of the public, or is a nuisance, or is being operated or carried on in an unlawful manner; or

(5)

The licensed business or activity is no longer being operated or carried on.

(Ord. No. 71-16, § 11, 6-17-71)

(6)

The Common Council shall file a copy of its findings and determination with the Clerk-Treasurer within twenty-four (24) hours after they are made, and shall comply with all of the provisions of Section 4-3 of this Code.

(k)

Penalties. Any person, firm or corporation violating any of the provisions of this Section shall, upon conviction thereof, be fined in an amount not exceeding Three Hundred Dollars ($300.00). Each day such violation is committed or permitted to continue, shall constitute a separate offense.

(a)

Definition. Parade means any march, procession, or demonstration, consisting of people, animals, or vehicles, or combination thereof, except funeral processions, upon any public street, alley, or sidewalk, which does not comply with the normal and usual traffic regulations or control.

(b)

Permit required. It shall be unlawful for any person to conduct a parade in or upon any public street, alley, or sidewalk in the City or knowingly participate in any such parade unless and until a parade permit has been obtained from the Clerk-Treasurer.

(c)

Application. Any individual desiring to conduct a parade shall apply to the Clerk-Treasurer for a permit at least thirty (30) days prior to the date of the proposed parade. The Clerk-Treasurer shall provide the application forms which shall require the following information:

(1)

Name of the applicant, the sponsoring organization, the parade chairman, and the addresses and telephone numbers of each.

(2)

The purpose of the parade, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, route to be traveled, and the time when the parade will assemble, start, and terminate.

(3)

A description of the floats, marching units, vehicles, bands, including a description of any sound amplification equipment to be used.

(4)

Such other information as the Chief of Police may deem reasonably necessary.

(d)

Investigations: The Clerk-Treasurer shall refer all completed applications to the Board of Public Works and Safety. The Board shall refer such applications to the Chief of Police, or designee thereof, for a written review and recommendation. The Chief shall address the following items in his written report:

(1)

Whether the time, route, or size of the parade would disrupt to an unreasonable or unsafe extent the movement of other traffic.

(2)

Whether the parade is of such a size or nature which would require a diversion of a large number of police officers to properly police the line of movement and the areas contiguous thereto and thereby deny reasonable police protection to the rest of the City.

(3)

Whether the parade would interfere with other parades for which permits have been issued.

(4)

Whether the information contained in the application is found to be false or misleading.

(5)

Whether the applicant agrees to abide by or comply with all conditions of the permit.

(e)

Any permit issued under this Section shall be subject to such conditions as established by the Board of Public Works and Safety.

(f)

Insurance. The applicant shall file with the Clerk-Treasurer written proof of public liability insurance in the minimum amount of five hundred thousand dollars ($500,000) for each person, and one million dollars ($1,000,000) for each incident, and shall contain a clause holding the City of Lake Station harmless for any liability.

(g)

Permit fee. Upon the approval of an application by the Board, the Clerk-Treasurer shall issue a permit upon payment of fifty dollars ($50.00).

Said permit fee may be waived by the Board of Public Works and Safety if the sponsoring organization is a not-for-profit group duly organized pursuant to applicable Internal Revenue Service regulations.

(h)

Denials. Any applicant denied a permit under this Section may appeal to the Common Council pursuant to the provisions of Section 4-3 of this Code.

(i)

Any person violating any of the provisions of this Section shall be subject to the penalties set forth in Section 1-9 of this Code.

(a)

Dealers licensing. No person, firm or corporation shall operate or conduct a business for the purchase, sale, or trade of used precious metals and precious gems including but not limited to gold, silver, platinum, plated articles, diamonds, rubies, sapphires or opals in any form except coins or bullion which have been issued by any government or mint, without having first obtained a license therefor, and without complying with the provisions of this Section. Any person, firm or corporation that shall operate or conduct a business as set forth above shall be a "Dealer."

(b)

Application. Applications for "Dealer" licenses shall be made to the Clerk-Treasurer in writing and shall state the full name and place of residence of the applicant or, if the applicant be a partnership, of each member thereof, or, if a corporation or association, of each officer thereof, together with the place or places where the business is to be conducted.

(c)

License fee. Such application shall be accompanied by a registration fee of Twenty-five ($25.00) Dollars per annum for each place of business conducted by the licensee.

(d)

Bond. The applicant shall, at the time of making such application, file with the City a bond, with one (1) or more sureties, in which the applicant shall be the licensee. Such bond shall be in the penal sum of Ten Thousand Dollars ($10,000.00) and shall be to the benefit of the City for its use and for the use of any person or person who may have a cause of action against the licensee of said bond under the provisions of this Section. Such bond shall be on the condition that said obligor will faithfully conform to and abide by the provisions of this Section and of all rules and regulations lawfully made by the City hereunder, and will pay to the City and to any such person or persons any and all money that may become due or owing to them from said licensee under and by virtue of the provisions of this Section. Such bond shall be in a form subject to the approval of the City Attorney. If the Clerk-Treasurer shall find at any time that the bond is insecure or exhausted or otherwise doubtful, an additional bond, to be in a form approved by the City Attorney, in the sum of not less than Ten Thousand ($10,000.00) Dollars shall be filed by the licensee within ten (10) days after the written demand upon the licensee by the City.

(e)

Issuance of license. Upon the filing of such application, the payment of the license fee and the approval of such bond, the Clerk-Treasurer shall notify the Chief of Police. The Chief, or designee thereof, shall investigate the financial standing and character of the applicant, and of the members thereof, if the applicant be a partnership, and of the officers and directors thereof, if the applicant be a corporation and that the business will be operated honestly, fairly, and efficiently within the purpose of this Section. The Chief shall then report in writing to the Board of Public Works and Safety. The Board of Public Works and Safety shall issue a license authorizing the applicant to engage in the business of dealing within the definition of this Section. Such license shall remain in full force and effect until it is surrendered, revoked, or suspended. If the Board of Public Works and Safety shall find otherwise, it shall notify the Clerk-Treasurer, who shall notify the applicant of the denial and return to the applicant the bond and the sum paid by the applicant as a license fee. The Board of Public Works and Safety shall give every applicant a reasonable opportunity to be heard and shall approve or deny, by written order, every applicant for license within thirty (30) days from the hearing.

(f)

Annual license fee. Every licensee shall, on or before the first day of December, pay to the Clerk-Treasurer the sum of two hundred fifty dollars ($250.00) as an annual license fee for the year commencing January first and shall at the same time file with the Clerk-Treasurer an application and bond in the same amount and of the same character as required by this Section for renewal application bonds accompanying the original application for a license. Said renewal shall be approved or rejected prior to December 31st.

(g)

Revocation of license: grounds, procedure. The Common Council, upon recommendation by the Board of Public Works and Safety, shall, upon ten (10) days' notice to the licensee, stating the contemplated action and in general the grounds therefor, and after proper hearing, revoke, by written finding and determination, any license issued hereunder if it shall find that:

(1)

The licensee has failed to pay the annual license fee or to maintain in effect the bond or bonds required to comply with any ruling or requirements of the ordinance lawfully made pursuant to and within the authority of this Section, or

(2)

The licensee has violated any provision of this Section or any rule or regulation lawfully made under and within the authority of this Section, or

(3)

Any fact or condition exists which, if it had existed at the time of the original application for such license, clearly would have warranted the Board of Public Works and Safety refusing originally to issue such license. All revocation or suspension hearings shall be conducted pursuant to the provisions of Sec. 4-3 of this Code.

(Ord. No. 81-36, § 5.06.070, 10-1-81)

(h)

Effect of revocation, suspension or surrender of license. No revocation or suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any client.

(Ord. No. 81-36, § 5.06.080, 10-1-81)

(i)

Records. Every person, firm or corporation operating a business described in this Section shall keep a bound record of all scheduled articles purchased from the public. Such records shall show the date of purchase, the description, including any numbers and/or initials thereon, a photograph of the articles purchased, purchase price paid and the name and address of the person from whom purchased. The seller shall execute a document stating that they are eighteen (18) years of age and the property sold is theirs.

(j)

Investigations. For the purpose of discovering violations and securing information lawfully required or otherwise necessary, the Police Department or a person or persons duly designated by it, may investigate and examine the bound record books and picture files that coincide with said purchase transactions. The duly designated representatives of the Police Department shall have and be given free access to the place of business and bound record books and photographs during the routine and normal course of business hours. The licensee shall keep said bound record books and photographs for a period of three (3) years after making final entry in same.

(k)

Unlawful transaction. No licensee shall: (1) purchase or trade any article from a person under eighteen (18) years of age; or (2) purchase or trade any article from any person who is known by him to have been convicted of a violation of the Offenses Against Property Act or similar statute in any other jurisdiction or from any person whom he has reason to suspect or believe to be.

(1)

Violation/penalty. Any person, firm, partnership or corporation or licensee convicted of violating any of the provisions of this Section shall be punishable by a fine not to exceed Five Hundred ($500.00) Dollars and any licensee violating the provisions of this Section shall be subject to revocation of his license(s).

(a)

Definition. "Taxicab" means a motor vehicle while being used for the performance of a contract for the transportation of a passenger or passengers for hire to and from points chosen or designated by the passenger or passengers, and operating over any available route between such points, but not at the time being operated over or along a definite, advertised, announced or substantially fixed route from, to or between definite or substantially fixed terminals, locations or districts or according to substantially fixed or announced times or intervals of arrival or departure.

(Ord. No. 49-295, 4-21-49, Code § 731.01)

(b)

Declaration of necessity. The Common Council declares that it is necessary for the protection of the public health, safety, and property rights of citizens of the City that certain standards be maintained by those who shall desire to engage in the business of operating taxicabs in the City, and further that regulations be provided for the business of operating taxicabs in the City, and that those engaged in the business of operating taxicabs shall be licensed.

(c)

License required. No person shall engage in the City in the business of operating taxicabs until such person, receives a taxicab operator's license. All such persons engaged in such business are referred to as "taxicab operators."

(d)

Out-of-town taxicabs. No person shall operate any taxicab on or over the streets of the City unless such person shall have a taxicab license issued, provided, however, that taxicabs licensed by other cities may be driven into and out of the City on trips from such other political subdivisions when the driver thereof shall have complied with the laws of such other subdivisions as to licenses and other requirements.

(e)

Operation of unlicensed taxicabs prohibited. No licensed taxicab operator shall operate any taxicab which shall not be licensed as required.

(f)

Application information; fee. Whenever a person, firm, partnership or corporation shall desire to engage in the City in the business of operating taxicabs, such person, firm, partnership or corporation shall file an application for a taxicab operator's license with the Clerk-Treasurer of the City, on a form to be furnished by the City. Such application form shall contain the following information:

(1)

The full name and address of the applicant, and if a partnership, the name and address of each partner, and if a corporation, the names and addresses of the officers and the board of directors thereof, and the name of the general manager of the business.

(2)

The address of the principal place of business of such applicant and where such applicant's office or other places of business will be located in the City.

(3)

Number of taxicabs the applicant desires to operate, listing the make, description, year, color, state license number, and maximum seating capacity of each vehicle.

(4)

Statement of the financial responsibility of the applicant.

(5)

Such other information as the Common Council shall from time to time require.

(6)

Two (2) photographs, 2" × 2" in size of each taxicab driver.

The Chief of Police, or designee thereof, shall inspect each vehicle prior to the issuance of a license under this Section.

Such applicant, at the time the application is filed, shall pay to the Clerk-Treasurer of the City a license fee of one hundred dollars ($100.00) plus five dollars ($5.00) for each taxicab operated with the City.

In the event the application is denied, such fee will be returned. If the applicant and/or the general manager are found to be persons of good character, or if a partnership, the partners are of good character, and if it is found that there are no unsatisfied judgments against such applicant arising out of the negligent operation of a motor vehicle and further that such proposed place of business of such applicant will not constitute a fire hazard and nuisance, then the Common Council shall authorize the Clerk-Treasurer to issue an operator's license.

Thereupon, the Clerk-Treasurer shall issue such license to the applicant and thereafter such applicant shall have the right to operate taxicabs licensed as required. Every operator licensed under this Section shall post his license bearing his picture in such a place as to be in full view of all passengers while such operator is operating a taxicab.

(g)

Insurance required.

(1)

Before any taxicab operator's license shall be issued to any taxicab operator, the applicant for such license shall first furnish and deposit with the clerk-treasurer a public liability and property damage insurance policy, or a certificate from a responsible insurance company showing that such taxicab operator has insurance against liability for damages sustained by any person or person other than the employee of the owner and occasioned by the negligent operation of such taxicab. Such insurance policy shall provide coverage in the amount of five hundred thousand dollars ($500,000.00) for the injury or death of any one (1) person as a result of any one (1) accident, and shall provide coverage in the amount of one million dollars ($1,000,000.00) in the aggregate for the injury or death of two (2) or more persons in any one accident, and coverage of fifty thousand dollars ($50,000.00) for property damage. Such insurance policy or policies shall be written by a company authorized to do business in the State of Indiana, and shall contain a hold harmless clause designating the City of Lake Station harmless.

(2)

Such insurance policies herein required shall provide that they cannot be cancelled until thirty (30) days' written notice of such cancellation shall have been given to the licensee and to the clerk-treasurer by the surety. If the taxicab operator of any licensed taxicab on which an insurance policy has been issued and of which cancellation is sought to be made by the company or companies issuing same, shall fail to procure and file with the clerk-treasurer another policy of insurance before cancellation of the one then in effect, then the license issued for such taxicab automatically becomes void and of no effect.

(3)

When the clerk-treasurer shall be satisfied that the applicant has complied with this Section and that each taxicab for which a license is sought meets the requirements, then the clerk-treasurer shall collect from such applicant the fee prescribed.

(Ord. No. 49-295, 4-21-49; Code § 731.07)

(h)

Expiration of license; renewal. All licenses issued under this section shall expire on December 31 of each year. New licenses must be issued each year for each taxicab to be operated. Persons, firms, partnerships or corporations holding taxicab operator's licenses at the end of any fiscal year may obtain renewals thereof for the next calendar year by paying an annual license fee of one hundred dollars ($100.00), plus five dollars ($5.00) for each vehicle, unless their licenses shall have been revoked by the mayor as set forth in section 4-3 of this Code.

(i)

Registry of licensees. The clerk-treasurer shall keep a register showing the names and addresses of each person owning or operating a taxicab, licensed, together with the current license number and description and make of such taxicab, the seating capacity and the date on which the license was issued, the record of the insurance policy or policies including the date of issuance and expiration of such policy, the amount thereof and the name and address of the agent and of the company issuing same.

(j)

Passengers riding outside of taxicab prohibited. No owner, operator or driver of any licensed taxicab shall permit more than one (1) person in the front seat with the drive of such taxicab and no passenger shall be permitted to ride in any place on the outside of such taxicab.

(k)

Operation limited to licensee. The operation of taxicabs in the city shall be limited to the person, firm, partnership or corporation holding a license to operate the same or the duly licensed driver of such licensee, who at all times shall be under the control and subject to the direction of such licensee. No taxicab licensed hereunder shall be leased or rented out by the owner thereof to any other person, firm or corporation to operate the same for the purpose of transporting passengers for hire.

(l)

Name on door required. Every taxicab licensed under the provisions of this section shall have the name of the taxicab's, firm, partnership, or corporation plainly printed in letters at least two (2) inches in height on each side of the taxicab, in the center of a door panel of such taxicab.

(m)

Penalty. Any person, firm, partnership or corporation which is convicted of violating any of the provisions of this section or fails to comply therewith, shall, be fined not more than three hundred dollars ($300.00). Each day of continued violation shall constitute a separate offense.

(Ord. No. 49-295, 4-21-49; Code § 731.99)

(a)

The City of Lake Station agrees to pay up to one hundred fifty dollars ($150.00) per hour for any legal services.

(b)

The clerk-treasurer's office shall be provided a monthly statement containing the following information: date(s) the services were performed, the name of the individual performing the services, a brief description of the services performed, time spent performing the services, the charge for each service item. The minimum unit of time for billing of legal services shall be one-tenth (0.1) of one (1) hour.

(Ord. No. 2004-07, 2-19-2004; Ord. No. 2009-27, § 1, 1-7-2010)

Editor's note— Ord. No. 2004-07, adopted Feb. 19, 2004, enacted provisions establishing legal fees for attorneys employed by the city; and legal services cost and expenses. These provisions were not specifically amendatory; at the editor's discretion these provisions were set out as § § 4-27 and 4-28. See the Code Comparative Table for a detailed analysis of inclusion.

The City of Lake Station shall be responsible for reimbursing the individual performing the legal services for the direct cost incurred in retaining appraisers, accountants or other similar professionals on behalf of the city, but only if the common council has approved such hiring in advance.

(1)

The cost of any mailing done at the direction of the City of Lake Station.

(2)

The cost of any filing fees that are initiated by the direction of the City of Lake Station.

(3)

The cost of any on-line research initiated by the direction of the City of Lake Station.

(Ord. No. 2004-07, 2-19-2004; Ord. No. 2009-27, § 2, 1-7-2010)

Note— See the editor's note at § 4-27.

(a)

A "scrapper" shall hereafter be defined as those that would collect primarily metal, but any recyclables for resale within the city limits of Lake Station.

(b)

Scrappers to operate within the corporate boundaries of the City of Lake Station shall be required to obtain a scrapper's license. The amount of the license shall be thirty-five dollars ($35.00), renewable from January 1 to January 1.

(c)

In order to obtain the license, it shall be the applicant's responsibility to provide the following to the city clerk's office:

(1)

Proof of insurance;

(2)

Proof of a valid driver's license;

(3)

A certificate from a certified mechanic ensuring the vehicle to be licensed is mechanically sound and safe for the roadway;

(4)

A photograph of the licensee and a photograph of the vehicle to be licensed;

In addition,

(1)

The vehicle must have an acceptable means to secure all loads;

(2)

A city permit sticker shall be placed on the driver's side window.

(d)

It shall be the scrapper's responsibility to obtain a writing from each owner or property from which the scrap is to be collected. The writing shall contain:

(1)

The date and time of collection;

(2)

The name of the owner of the collected property;

(3)

The location from which the material will be collected;

(4)

The location to where the material is to be disposed and on which date;

(5)

A description of the material to be collected.

(e)

Records will be maintained for a period of one (1) year from the date of the collection. Records shall be available for inspection upon the demand of any law enforcement officer. Failure to comply with any of the provisions herein shall result in immediate suspension of the "scrapper's" license and the "scrapper's" license fee shall be forfeited. All scrap shall be picked up between the hours of 8:00 a.m. and 4:00 p.m. Monday through Saturday.

(f)

Each license is not transferable from vehicle to vehicle, nor from licensee to licensee.

(Ord. No. 2008-29, 11-6-2008)

Editor's note— Ord. No. 2008-29, adopted Nov. 6, 2008, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-29.

The Lake Station Police Department is hereby authorized and empowered to charge and collect fees for specific services as follows:

(Ord. No. 2009-20, § I, 9-17-2009)

Editor's note— Ord. No. 2009-20, § I, adopted Sept. 17, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-30.

(a)

Whenever the Lake Station Police Department, Lake Station Code Enforcement or any other department of city government, in order to promote public safety, or to facilitate city's operations, orders that a vehicle be towed from any location and that vehicle is later claimed by the owner, sold at auction, or later scrapped, an administrative fee of fifty dollars ($50.00), in addition to any and all other applicable towing charges, shall be assessed against the owner of the record of the vehicle.

(b)

The administrative towing fee created by this section shall be paid to the Lake Station Police Department at the time the vehicle is released to the owner, or if sold or later scrapped, the fee shall be paid to the Lake Station Police Department from the funds received.

(c)

The administrative towing fee created by this section and collected by the Lake Station Police Department shall be forwarded to the Lake Station Clerk-Treasurer for deposit in the Lake Station General Fund.

(Ord. No. 2009-21, § I, 9-17-2009; Ord. No. 2017-06 , 4-27-2017)

Editor's note— Ord. No. 2009-21, § I, adopted Sept. 17, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-31.

Cross reference— Traffic and parking regulations, ch. 8.

(a)

The Common Council of the City of Lake Station, Indiana, hereby establishes a schedule of charges and fees for vehicles towed, stored, or impounded pursuant to a contract with the city to provide those services within the boundaries of the City of Lake Station.

(b)

The contractor may charge and collect reasonable towing and storage charges for vehicles towed, stored, and/or impounded by in no event shall charges be in excess of the following schedule of charges and fees:

(Ord. No. 2013-09, §§ 1, 2, 9-5-2013; 2017-06A , 4-27-2020; Ord. No. 2020-20 , 9-10-2020)

Editor's note— Ord. No. 2013-09, §§ 1, 2, adopted Sep. 5, 2013, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-31.1.

(a)

The Lake Station City Jail shall assess a processing fee of twenty-five dollars ($25.00) each time an individual is booked as an inmate into the Lake Station City Jail and subsequently is found guilty or pleads guilty to any criminal offense.

(b)

Except in the case of indigence or acquittal, the processing fee shall be collected from the bond posted, or from the court fees assessed as a condition of plea or sentence, and said processing fee of twenty-five dollars ($25.00) shall be deposited into the general fund.

(Ord. No. 2009-22, § I, 9-17-2009)

Editor's note— Ord. No. 2009-22, § I, adopted Sept. 17, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-32.

Any credit card payments rendered to any city department that accepts credit cards shall be assessed a two dollar ($2.00) fee.

(Ord. No. 2009-22[A], 10-1-2009)

Editor's note— Ord. No. 2009-22[A], adopted Oct. 1, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-33.

(a)

That all owners of real property in the City of Lake Station shall register all rental housing on an annual basis and pay a fee for each rental unit in the sum of five dollars ($5.00) per unit.

(b)

That the owners of rental property shall annually register at the City of Lake Station City Hall, 1969 Central, Lake Station, Indiana.

(c)

That the annual registration fee shall be due on March 1st of each year.

(d)

That the term "rental housing" includes all single-family, duplexes and apartment buildings that are not owner occupied regardless of whether rent is being charged.

(e)

A "rental unit" means a structure or part of a structure used as a home, residence or sleeping unit by a single person or household unit, or other facilities or area promised for the use of a residential tenant and includes, but without limitation, apartment units, boarding houses, rooming houses, mobile home, and single and two-family dwellings.

(f)

Property owners are required to provide the following to process the registration of their rental property:

(1)

Address of the rental property, including number of units.

(2)

Proof of ownership (mortgage, deed, property tax statement, etc.).

(3)

The property owner need not show proof of insurance.

(4)

Copy of owner's valid driver's license or state issued identification.

(5)

Occupant information, including name, address and phone number for each tenant.

(6)

Name, address, phone number, fax number and email (contact information) of the owner.

(7)

Name, address, phone number, fax number and email of the local contact person in the case of an absentee owner.

(8)

Rental registration fee of five dollars ($5.00) per each rental unit, whether vacant or occupied (only check or money order accepted).

(g)

That in the event there is a change in ownership and/or local contact person, the name, address, phone number, fax number and email of the new owner and/or local contact person shall be filed with the city.

(h)

A late fee shall be assessed in the amount of one hundred dollars ($100.00) in addition to the registration fee, for each dwelling or rental unit not registered. The late fee will not begin being assessed until April 15, 2015.

(i)

Failure to register any and all real property utilized as rental housing and covered under this section shall be a violation of this section and the owner shall be subject to a fine not to exceed two thousand five hundred dollars ($2,500.00) per unit.

(j)

This section will be in full effect after passage and signing by the Lake Station Common Council and properly advertised pursuant to State Statute.

(k)

Landlords and tenants may contact City Hall for additional information at 219-962-2081.

(Ord. No. 2014-03, §§ 1—11, 3-6-2014; Ord. No. 2016-05 , 3-17-2016)

Editor's note— Ord. No. 2014-03, §§ 1—11, adopted March 6, 2014, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 4-34.

This article shall be known and may be cited as the City of Lake Station CATV Regulations.

For the purpose of this Article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

(a)

"Additional services" shall mean any communications services other than Regular Subscriber Service and Pay television provided by Grantee over the CATV System either directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services, including, but not limited to, burglar alarm, data and other electronic intelligence transmission, facsimile reproduction, meter reading and home shopping. Additional Services shall not include the delivery by the CATV System of any programming on the Educational Access Channels or Public Access Channels, which programming is included in Regular Subscriber Service.

(b)

"Anniversary date" shall mean the date on which this Franchise was accepted by Grantee.

(c)

"CATV" shall mean community antenna television.

(d)

"CATV system" shall mean a system of cables, wires, lines, towers, wave guides, microwave and laser beams, and any associated converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying and distributing by audio, video and other forms of electronic or electric signals to and from subscribers and locations in the City.

(e)

"Channels" shall mean a band of frequencies, six megahertz wide, in the electro-magnetic spectrum which are capable of carrying either (1) audio-video television signals and non-video signals or (2) non-video signals.

(f)

"Converter" shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and which, by an appropriate channel selector, also permits a Subscriber to view all signals delivered at designated dial locations.

(g)

"Educational access channels" shall mean Channels on the CATV System which are reserved for carriage of program material provided by local educational authorities who obtain use of such channels from Grantee for the presentation of such material.

(h)

"Federal Communications Commission" or "FCC" shall mean that agency hereunder in terms of a franchise privilege, permit, license or otherwise, to construct, operate, and maintain the CATV System.

(i)

"Franchise" shall mean and include an authorization granted hereunder in terms of a franchise privilege, permit, license or otherwise, to construct, operate, and maintain the CATV System.

(j)

"Franchise area" shall mean the City of Lake Station.

(k)

"Franchise year" shall mean any twelve (12) month period commencing on an Anniversary Date and extending to the day immediately preceding the next subsequent Anniversary Date.

(l)

"Grantee" shall mean the person, firm or corporation designated by resolution of the Common Council of the City of Lake Station to construct and operate the CATV system in accordance with the provisions of this Franchise.

(m)

"Grantee channels" shall mean the Channels on the CATV System which are reserved for carriage of program material originated locally by Grantee.

(n)

"Gross revenues" shall mean all revenues collected by the Grantee, including but not limited to, Regular Subscriber revenues, Pay Television revenues, revenues derived from auxiliary services, leased channel revenues, and advertising revenues. Gross Revenues shall not include any taxes which are imposed on any Subscriber or User of CATV System by any governmental unit including copyright fees.

(o)

"Pay television" shall mean the delivery over the CATV System of programming to Subscribers for a fee or charge over and above the charge for Regular Subscriber Service, on a per-program, per-channel or other subscription basis.

(p)

"Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

(q)

"Public access channels" shall mean channels on the CATV System which are reserved for carriage of program material in the public interest provided by persons who obtain use of such Channels from Grantee for the presentation of such material.

(r)

"Regular subscriber service" shall mean the carriage of broadcast signals and FCC mandated non-broadcast services.

(s)

"Street" shall mean the surface or the space above and below any public street, road, highway, alley, bridge, sidewalk or other public place or way now or hereafter held by City for the purpose of public travel and shall include other easements or rights of way now held or hereafter held by City which shall, within their proper use and meaning, entitle City and Grantee to the use thereof for the purposes of installing or transmitting CATV System transmissions over poles, wires, cables, conductors, conduits, manholes, amplifiers, appurtenances, attachments and other structures, equipment and facilities as may be ordinarily necessary and pertinent to a CATV System.

(t)

"Subscriber" shall mean any person who receives any service delivered by the CATV System.

(u)

"City" shall mean the City of Lake Station, Indiana, a municipal corporation of the State of Indiana.

(v)

"Common Council" shall mean the present governing body of City or any successor to the legislative powers of the present Common Council.

(w)

"Board of Public Works and Safety" shall mean the present Board of the City or any successor to the administrative powers of the present Board of Public Works and Safety.

(x)

"User of CATV System" shall mean a person who utilizes the CATV System to produce or to transmit programs or other communications to Subscribers.

(Ord. No. 82-18, § 2, 7-1-83)

There is granted to the grantee designated by resolution of the Common Council of the City of Lake Station, Indiana, the right, privilege and franchise to have, acquire, construct, reconstruct, maintain, use and operate all necessary or desirable poles, towers, anchors, wires, cables, electronic conductors, underground conduits, manholes and other structures and appurtenances necessary for the construction, maintenance and operation of a CATV System in the Franchise Area of the City.

(Ord. No. 82-18, § 3, 7-1-83)

(a)

Initial term. Upon the filing with City by Grantee of the written acceptance required herein, this Franchise shall be in full force and effect for a term and period of fifteen (15) years commencing thirty (30) days after its final passage and approval.

If the City is not satisfied that compliance has been achieved, or that good faith progress is being made toward compliance, it may schedule a public hearing to determine whether the Franchise should be revoked. The Grantee and the public shall be given at least ninety (90) days notice of such a hearing and all interested parties shall be heard in open hearing. At the conclusion of the public hearing, the City shall determine whether the Franchise should be terminated and shall set forth, in writing, the facts and reasons upon which its decision is based.

(b)

Renewal. The Common Council may hold a public hearing not less than twelve (12) months prior to the expiration date of this Franchise, the purpose of which will be to review Grantee's performance during the entire term of its Franchise, to consider, among other matters, the adequacy of this Franchise, from the standpoint of the City, Grantee and FCC's rules for cable television and to determine the advisability of renewing Grantee's Franchise for an additional period of years. The Common Council may hear any interested persons during such hearings and may determine whether Grantee did reasonably comply with the terms and conditions imposed by this Franchise. If the Common Council determines that the Grantee's performance has been satisfactory in accordance with the terms and conditions imposed by this Franchise, the Common Council may at its sole option renew Grantee's Franchise for an additional fifteen (15) year period. Grantee shall notify the City in writing eighteen (18) months prior to the expiration date of Grantee's request to renew or not to renew and at the same time Grantee may request that a public hearing be held. However, at the time of such renewal request, all terms and conditions of this Franchise shall be subject to review and change and the City need not approve any renewal Franchise unless there is mutual agreement at that time between the City and Grantee as to all the terms and provisions of such Franchise renewal. However, renewal shall not be unreasonably denied. If this Franchise is renewed by the City, all of the terms and provisions contained herein shall be controlling during the renewal period, except to the extent that said terms and provisions are modified by the City, or unless the Franchise is superseded by a new franchise. Should the City, for any reason, be unable to complete the renewal proceeding prior to expiration of this Franchise, Grantee shall have the right to continue operation of this CATV System pursuant to the terms of this Franchise until such time as the renewal proceeding is concluded. Should the City deny any renewal of this Franchise, such denial shall be accompanied by a written statement setting forth the reasons for the denial. Grantee shall have the right to request review of any such denial by any Court of competent jurisdiction.

(Ord. No. 82-18, § 4, 7-1-83)

The Franchise Area shall include territory which is annexed by the City during the term of this Franchise and which is contiguous to the original Franchise Area; provided, however, that within ninety (90) days after the effective date of any City annexation, the Common Council may hold a hearing to determine whether the newly annexed territory should be excluded from the Franchise Area, and, if it so determines, the Common Council may exclude any newly annexed territory from the Franchise area.

There is granted to Grantee the authority to contract with City or any appropriate board or agency thereof including but not limited to the Board of Public Works and Safety or with the holder or owner of any utility franchise in the City for the use, rental or lease of its or their poles, underground conduits and other structures and facilities for the purpose of extending, carrying or laying Grantee's wires, cables, electronic conductors and other facilities and appurtenances necessary or desirable in conjunction with the operation of its CATV System. The City agrees that any public utility owning or controlling such poles or underground conduits may, without amendment to its Franchise, allow, and is encouraged to allow, Grantee to make such use thereof pursuant to any agreement reached between such utility and Grantee.

(Ord. No. 82-18, § 6, 7-1-83)

The work done and activity in connection with the construction, reconstruction, maintenance, operation or repair of Grantee's CATV System shall be subject to and governed by the laws of the State of Indiana and the United States of America, including the FCC and any other local, county, state or federal agency having jurisdiction.

(Ord. No. 82-18, § 7, 7-1-83)

The construction, maintenance and operation of Grantee's CATV System and all property of Grantee subject to the provisions of this Franchise shall be subject to all lawful police powers, rules and regulations of City. City shall have the power at any time to order and require Grantee to remove or abate any pole, line, tower, wire, cable, guy, conduit, electric conductor or any other structure or facility that is dangerous to life or property. In the event Grantee, after written notice, fails or refuses to act, City shall have the power to remove or abate the same at the expense of Grantee, all without compensation or liability for damages to Grantee. Grantee agrees to furnish City with a copy of its strand map at least fifteen (15) days prior to commencing construction of the CATV system.

(Ord. No. 82-18, § 8, 7-1-83)

(a)

Use. All structures, wires, cables, equipment and facilities erected or maintained by Grantee within City shall be located as to cause minimum interference with the proper and intended use of the streets and with the rights or reasonable convenience of the owners or occupiers of property which adjoins any of such streets. Grantee shall, prior to commencing construction of its system, submit a strand map to the Board of Public Works and Safety for its approval. The strand map shall set forth in detail the proposed use of the City's streets, alleys, rights-of-way and easements by the grantee in the construction and operation of its CATV system within the City.

(b)

Restoration. The surface of any street and/or surrounding landscape disturbed by Grantee in laying, construction, maintaining operation, using, extending, removing, replacing or repairing its CATV System shall be restored by Grantee immediately after the completion of the work, at its cost and expense, to as good a condition as before the commencement of the work and maintained by Grantee to the satisfaction of the Superintendent of the Local Road and Street Department or other person designated as liaison by the City with notification to Grantee for one (1) year from the date of completion of such restoration work. No street shall be encumbered by construction, maintenance, removal, restoration or repair work by Grantee for a longer period than shall be necessary to execute such work. If there is an unreasonable delay by Grantee in restoring and maintaining streets after such excavations or repairs have been made, City shall have the right, without further notice, to restore or repair the same and to require Grantee to pay the reasonable cost of such restoration or repair.

(c)

Relocation. Whenever by reason of the construction, repair, maintenance, relocation, widening, raising or lowering of the grade of any street by the City or by the location or manner of construction, reconstruction, maintenance or repair of any public property, structure or facility by the City, it shall be deemed necessary by the City for Grantee to move, relocate, change, alter or modify any of its facilities or structures, such change, relocations, alteration or modification shall be promptly made by Grantee, at its cost and expense, when directed in writing to do so by the City, without claim for or right of reimbursement of cost or damages against the City. In the event Grantee, after such notice, fails or refuses to commence, pursue or complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to remove or abate such structures or facilities and to require Grantee to pay to the City the reasonable cost of such removal or abatement, all without compensation or liability for damages to Grantee.

(d)

Temporary removal of wire for building moving. Upon written request of any person holding a building moving permit issued by the City, Grantee shall remove, raise or lower its wires and cable temporarily to permit the moving of houses, buildings, or other bulky structures. The reasonable expense of such temporary removal, raising or lowering shall be paid by the benefited person, and Grantee may require such payment in advance, Grantee being without obligation to remove, raise or lower its wires and cables until such payment shall have been made. Grantee shall be given not less than seventy-two (72) hours advance written notice to arrange for such temporary wire and cable adjustment.

(e)

Tree trimming. The Common Council may, from time to time, pass ordinances authorizing the Grantee to trim or remove trees on or along City property.

(f)

Placement of fixtures. Grantee shall not place poles, towers or similar fixtures where they will interfere with any gas, electric or telephone fixtures, water hydrant or main, drainage facility, sanitary sewer, or any other structure similar in nature and appurtenances thereto, and all such poles, towers and similar facilities shall be placed as directed by the City and in such manner as not to interfere with the usual travel or use of the streets.

(Ord. No. 82-18, § 9, 7-1-83)

Grantee shall indemnify and pay, and by its acceptance of this Franchise specifically agrees that it will indemnify and pay, the following:

(a)

Damages and penalties. All damages or penalties which the City, its officers, agents or employees, may legally be required to pay as a result of damages arising out of copyright infringements and all other damages arising out of the installation, maintenance or operation of Grantee's CATV System, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise; and

(b)

Expenses. All expenses incurred by the City in defending itself, its officers, agents or employees, against any and all claims for damages or penalties described in Sub-section (a). These expenses shall include all out-of-pocket expenses, such as, but not limited to, attorney fees, witness fees and court costs and shall also include the reasonable value of any services rendered by any officers or employees of the City.

It is the intent of this Section and by its acceptance of this Franchise, Grantee specifically agrees that it shall indemnify and hold City, its officers, agents and employees, harmless from all liability, damage, cost or expense arising from claims for injury to persons, damage to property or penalties occasioned by reason of any conduct undertaken by reason of this Franchise. The City shall not and does not by reason of the granting of this Franchise assume any liability of Grantee whatsoever for injury to persons, damage to property or penalties.

(c)

Claims. The City shall notify the Grantee in writing within a reasonable time after the presentation of any claim or demand, either by suit or otherwise, made against the City relative to the foregoing. Where any such claim or demand against the City is made by suit or other legal action, written notice shall be given by the City to the Grantee with sufficient promptness so as not to prejudice Grantee in the defense of said proceeding. Failure of the City to so notify Grantee shall not release Grantee from its obligation to indemnify the City of Lake Station.

(Ord. No. 82-18, § 10, 7-1-83)

(a)

Minimum coverage. Within thirty (30) days after the effective date of this Franchise, Grantee shall file with the Clerk-Treasurer, and shall maintain on file throughout the term of this Franchise, a liability insurance policy issued by a company duly authorized to do business in the State of Indiana, insuring the City and Grantee with respect to the installation, maintenance and operation of Grantee's CATV System in the following minimum amounts:

(1)

Five hundred thousand dollars ($500,000) for bodily injury or death to any one person;

(2)

One million dollars ($1,000,000) for bodily injury or death resulting from any one accident;

(3)

One hundred fifty thousand dollars ($150,000) for property damage resulting from any one occurrence; and

(4)

One hundred fifty thousand dollars ($150,000) for all other types of liability.

(b)

Notice of cancellation or reduction. Such policy of liability insurance shall contain the provision that written notice of expiration, cancellation or reduction in coverage of the policy shall be delivered to the Clerk-Treasurer and to Grantee at least thirty (30) days in advance of the effective date thereof.

(c)

Term. Such liability insurance shall be kept in full force and effect by Grantee during the existence of this Franchise and thereafter until after the removal of all poles, wires, cables, underground conduits, manholes and other conductors and fixtures incident to the maintenance and operation of Grantee's CATV System, should such removal be required by the Board of Public Works and Safety and Common Council or undertaken by Grantee.

(Ord. No. 82-18, § 11, 7-1-83)

(a)

Permits, licenses and certificates. Within thirty (30) days after the acceptance of this Franchise, Grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, utility, joint-use attachment agreements and permits, licenses, authorizations and certificates to be granted by duly constituted local, state and federal governmental entities and regulatory agencies having jurisdiction over the installation and operation of CATV Systems. Grantee agrees to notify City in writing within fifteen (15) days of receipt of all permits and authorizations.

(b)

Start of construction. Within six (6) months after acceptance of this Ordinance by the Grantee, the Grantee shall commence with construction and installation of its CATV System, subject to the conditions of this Franchise.

(c)

Initial rendering of services. Within twelve (12) months after commencement of construction of its CATV System, Grantee shall have extended service to all residents of the Franchise Area. Grantee agrees to furnish and make the proposed service available to all residents within the boundaries of the City of Lake Station, with no exceptions, including but not limited to, all residents in any territories subsequently annexed to the City, subject to the provisions of Section 4-40, hereof without regard to subscriber density or amount of subscribers obtained by Grantee in any given territory.

(d)

Compliance. Failure of Grantee to commence and diligently pursue each of the foregoing requirements and to abide by and to complete each of the matters set forth herein shall be grounds for termination of the Franchise; provided, however, Grantee shall notify the Common Council as soon as reasonably possible of any major delay in meeting the construction schedule despite Grantee's good faith efforts and because of circumstances beyond Grantee's control. Grantee shall be relieved from any of the foregoing time requirements without forfeiture of this Franchise, where the delay is attributable to strikes, labor disputes, riots, weather conditions, wars, or national emergency. Additionally, the Common Council may extend the time for commencement and completion of construction and installation for additional periods for any other reason in the event Grantee, acting in good faith, experiences delays; such extension(s) shall not be unreasonably withheld. Grantee shall provide the City with a report at least once each month setting forth the progress made as of the date of each report. The City may request any additional information not included in said report which shall be provided by the Grantee to the City.

Grantee shall advise the City of any delays in construction, the reason for the delay and the probable length of same.

(Ord. No. 82-18, § 12, 7-1-83)

The Common Council shall require that Grantee's CATV System shall be installed, maintained and operated in accordance with the highest accepted standards of the industry and to that end the Subscriber may receive the best and most desirable form of service. Toward accomplishment of this purpose, Grantee and its CATV System shall meet the following minimum standards and service offerings:

(a)

Compliance with FCC rules. Grantee shall comply with present and future rules and regulations of the FCC in connection with and relating to the operation of its CATV System. Grantee shall register this Franchise with the FCC within sixty (60) days of the effective date hereof.

(b)

Quality of color signals. Grantee's CATV System shall be capable of transmitting and passing the entire color television spectrum without the introduction of material degradation of color intelligence and fidelity.

(c)

Rated for continuance operation. Grantee's CATV System shall be designated and rated for twenty-four (24) hours a day continuous operation.

(d)

Quality of picture. Grantee's CATV System shall be capable of and shall produce a picture upon any Subscriber's television screen in black and white or color, provided the Subscriber's television set is capable of producing a color picture, that is undistorted and free from ghost images and accompanied by proper sound, assuming the technical, standard production television set in good repair and the television broadcast signal transmission is satisfactory. In any event, the picture produced shall be as good as the state-of-the art allows.

(e)

No cross modulation or interference. Grantee's CATV System shall transmit or distribute signals of adequate strength to produce good pictures with good sound in all television receivers of all Subscribers without causing cross modulation in the cables or interference with other electrical or electronic systems including existing television service in the City.

(f)

Channel capacity. Grantee's CATV System shall have a minimum channel capacity of fifty-four (54) television channels and a future dual cable with an additional capacity of fifty-four (54) channels shall be constructed as soon as the additional channels are available and there is sufficient subscriber demand. The dual cable shall be installed underground during the initial construction of the CATV system in those areas where other utilities are presently located underground and dual cable may be installed above ground at the discretion of the Grantee in those areas where other utilities are presently located above ground.

(Ord. No. 84-4, § 13.6, 3-1-84)

(g)

Signals to be carried. Grantee shall carry on its own CATV System the signals of all stations significantly viewed in Chicago, Illinois, and the signals of no less than two (2) distant independent commercial stations as well as the signals of such distant educational and non-English language stations as may be technically and economically feasible.

(h)

Temperature range. Grantee's CATV System shall be capable of operating throughout the air temperature range of -20 to 100 degrees Fahrenheit (-29 to +38C.) without degradation of audio or video facility.

(i)

Educational access channels. At least one (1) channel shall be reserved for the use of the educational authorities in the City. Such channel shall be provided free of charge.

(j)

Public access channels. At least one (1) channel shall be reserved for the use of the public, without charge, on a first come, first service, nondiscriminatory basis.

(k)

Standard of care. Grantee shall at all times employ a high standard of care and shall install, maintain and use approved methods and devices for preventing failures or accidents which are likely to cause damages, injuries or nuisances to the public.

(l)

Service and repair. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Insofar as possible, such interruptions shall be preceded by forty-eight (48) hours notice and shall occur during periods of minimum use of the CATV System. Grantee shall provide a daily pro-rata credit to any subscriber who is without service for any continuous period in excess of twenty-four (24) hours due to the fault of Grantee.

(m)

Grantee's office. Grantee shall maintain a business office located in the City of Lake Station which shall be open during all usual business hours, have a listed telephone and be so equipped, and operated that complaints and requests for installation, repairs or adjustments may be received twenty-four (24) hours a day, seven (7) days a week. Grantee shall furnish the Common Council or its designee or other designee of the City with all information requested concerning subscriber, complaints. Such office shall maintain complete and updated maps of Grantee's CATV System and the construction plans and specifications thereof. Said updated maps shall be provided at no cost to the City from time to time reflecting the latest update.

(n)

Complaints. The Building Department or its designee shall be responsible for receiving and acting on any complaints unresolved within a reasonable time, and shall process the same as complaints are handled generally under the Building Code. Grantee shall be responsible for and shall remit to the Treasurer of the City a sum equal to the prevailing charge for an electrical inspection generally for each and every complaint so handled. A written notice of this complaint procedure including the identity of the responsible official, shall be given to each new subscriber at the time of initial subscription to the cable system. Subsequent notice thereof shall be sent to all subscribers at least biannually.

(o)

Service calls. Grantee shall respond to all service calls within twenty-four (24) hours and correct malfunctions as promptly as possible, but, in all events, within a reasonable time which shall be seventy-two (72) hours after notice thereof, except during the time of a general breakdown due to weather or other catastrophe. For such purpose, Grantee shall maintain a competent staff of employees sufficient in size to provide adequate and prompt service to Subscribers. Grantee shall keep permanent written record of all complaints as much as is reasonably possible, and the same shall be open for inspection by officials of the City during regular business hours. Said records shall be maintained for a period of five (5) years.

(p)

State of the art. Grantee shall, where economically feasible, undertake any and all construction and installation necessary to keep current with the latest developments in the state of the art of CATV, whether with respect to increasing Channel capacity, developing other new services, institute more extensive two-way service or otherwise.

(q)

Cable locator. A cable locator shall be available at no cost to the City at said City's request.

(r)

Mobile van. Upon the City's furnishing to the Grantee reasonable notice, the Grantee shall make a Mobile Van available to the City.

(s)

Combined programming. Until such time as there is demand for each channel, provided in Sub-section (i) and (j) of this Section, for full time for its designated use, public, educational, and government channel programming may be combined on one or more composite access channels. Grantee may utilize any time not otherwise used on such access channels for its own programming.

(t)

Key lock. The Grantee shall provide and install free of charge a parental guidance key lock system to all subscribers who desire to censor programming, however, Grantee may require a reasonable deposit on all such systems.

(Ord. No. 82-18, § 13, 7-1-83)

The Grantee shall maintain throughout the period of installation and construction, a faithful performance bond in favor of the City, in such form and in such sureties as shall be acceptable to the City in the sum of one hundred thousand dollars ($100,000) guaranteeing the faithful performance of all of the obligations of the Grantee under this Ordinance. When the construction and installation of the CATV System is completed as defined herein, the sum of the performance bond shall be reduced to ten thousand dollars ($10,000) through the remainder of the term of the Franchise, or any renewal or extension thereof. The Grantee shall post such performance bond before a building permit will be issued for commencement of construction.

(Ord. No. 84-4, § 14, 3-1-84)

In the event of an emergency or disaster, Grantee shall upon request of the Common Council or its designee make available its facilities to the City for emergency use during the period of such emergency or disaster and shall provide such personnel as may be necessary to operate its facilities under the circumstance.

(Ord. No. 82-18, § 15, 7-1-83)

Notwithstanding any other provision of this Franchise to the contrary, Grantee shall at all times comply with all laws, rules, and regulations of the state and federal governments and any administrative agencies thereof. If any such state or federal law, rule or regulation shall require or permit Grantee to perform any other service in conflict with the provisions of this Franchise or any other ordinance, rule, regulation or charter provision of the City, then immediately following knowledge thereof Grantee shall notify the Common Council in writing of the point of conflict believed to exist between such state or federal law, rule or regulations and this Franchise or any ordinance, law, regulation or charter provision of the City. If the Common Council determines that a material provision of this Franchise does in fact conflict with such state or federal law, rules or regulation, it shall have the right to modify any provision hereof to such reasonable extent as may be necessary to carry out the full intent and purpose of this Franchise.

(Ord. No. 82-18, § 16, 7-1-83)

Grantee shall afford equal opportunity in employment to all qualified persons. No person shall be discriminated against in employment because of race, color, religion, national origin, sex, age or handicap. Grantee shall establish, maintain and carry out a positive, continuing program of specific practices designed to assure equal opportunity in every aspect of its employment policies and practices.

(Ord. No. 82-18, § 17, 7-1-83)

Grantee shall not engage in the business of selling, repairing or installing television receivers or radio receivers within City during the term of this Franchise. Grantee shall not suggest, recommend or single out any television or radio sales or service firm or business establishment to be patronized by Subscribers. Grantee shall exercise all reasonable influence on its officers, agents, employees and representatives to insure compliance with this Section. It is provided, however, that this Section does not prohibit Grantee from servicing or repairing Converters and other technical equipment which it owns and which are leased or otherwise furnished to Subscribers for use with Grantee's services.

(Ord. No. 82-18, § 18, 7-1-83)

(a)

Amount and time. As compensation for the right, privilege and Franchises herein conferred, Grantee shall pay to City each year during the term of this Franchise a sum equal to three (3%) percent of grantee's Gross Revenues for such year provided that said fee may be increased to an amount not to exceed five percent (5%) of said Gross Revenues upon approval of or deregulation by the Federal Communication Commission. Such payments shall be made quarterly. Grantee shall file with the Clerk-Treasurer within sixty (60) days after the expiration of each quarter of each calendar year, or portion thereof, during which this Franchise is in effect, a financial statement prepared according to generally accepted accounting principles showing in detail the Gross Revenues of Grantee during the preceding quarter of the calendar year. Such statement shall be accompanied by Grantee's payment to City of three (3%) percent of such Gross revenues for such quarter.

(b)

Right of inspection of records. The City shall have the right to inspect Grantee's records showing the Gross Revenues from which payments to City are computed and to audit and recompute any and all amounts paid under this Franchise. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this Franchise or for the performance of any other obligation hereunder.

(c)

Other payments to city. The franchise fee payable hereunder shall be exclusive of and in addition to all ad valorem taxes or special assessments for municipal improvements.

(Ord. No. 82-18, § 19, 7-1-83)

(a)

Books of account. Grantee shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be maintained at Grantee's principal office.

(b)

Access by city. The City, through its duly designated officers, agents or representatives, shall have access to all books and accounts and records of Grantee for ascertaining the correctness of any and all reports and may examine its officers and employees under oath in respect thereto. Access shall be given by Grantee to such officers, agents, or representatives of the City at all reasonable times not only to Grantee's records of Gross Revenues, but also to all of Grantee's plans, contract, engineering, planning, financial, statistical, customer and Subscriber service records relating to the properties and operation of its CATV System and to all other records and reports required to be kept or which are kept by Grantee.

(c)

Annual report. An annual report showing the number of Subscribers as of that year's Anniversary Date of this Franchise and Gross Revenue and Regular Subscriber Service revenue received by Grantee for the preceding calendar year, prepared and certified by a certified public accountant, and such other information as the City shall request with respect to the properties and expenses related to Grantee's CATV System, shall be filed by Grantee with the Clerk-Treasurer within ninety (90) days following the end of each calendar year or portion thereof during which this Franchise is in effect.

(d)

False entry. Any false entry in the books of accounts and records of Grantee or false statement in the reports to the City or its duly designated officers, agents or representatives, of a material fact, knowingly made by Grantee, shall constitute a violation of a material provision of this Franchise ordinance.

(Ord. No. 82-18, § 20, 7-1-83)

Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable Grantee to exercise its rights and to perform its obligations under this Franchise and to assure an uninterrupted service to all Subscribers; provided, however, such rules, regulations, terms and conditions shall not be in conflict with any of the provisions of this Franchise or any ordinance of the City, the provisions of its charter, the laws of the State of Indiana, and the United States of America and the rules and regulations of the FCC. Any other federal, state and local terms and conditions shall be filed with the Clerk-Treasurer and shall thereafter be maintained current by Grantee.

(Ord. No. 82-18, § 21, 7-1-83)

The initial rates Grantee will charge its Subscribers shall be on file in the office of the Clerk-Treasurer as of the date of passage of this Article (7-1-83). Thereafter, these rates shall be changed when appropriate in accordance with the provisions of this Section. Such initial rates and any changed rates from time to time shall be filed with the Clerk-Treasurer and shall be incorporated herein by reference as though fully set out in this Article. Said rates shall be open to public inspection during regular business hours at the Clerk-Treasurer's office.

Any rates established shall be reasonable, just and fair to the public, and no greater than the lowest rate of any other franchise(s) granted to the Grantee by any other governmental unit in Lake County, Indiana, and shall provide to the Grantee a return upon its investment reasonably sufficient to:

(a)

Assure confidence in Grantee's financial soundness;

(b)

Support its credit and attract necessary capital under efficient and economical management; and

(c)

Provide a return to equity owners commensurate with current returns on investment in other enterprises having corresponding risks.

No rate established shall afford any undue preference or advantage among Subscribers, but separate rates may be established for separate classes of Subscribers.

Changes in established rates shall be made as follows:

(a)

For the first thirty-six (36) months after the date of the ordinance but in no case less than two (2) years from the date service to the whole community is initiated there shall be no changes in initial rates for Regular Subscriber Service;

(b)

After three (3) years, Grantee shall not establish or make any change in rates except by filing a request for rate modification with the Common Council at least thirty (30) days prior to the proposed effective date of the modification. The Common Council shall schedule a public hearing for that purpose within forty-five (45) days, at which Grantee and members of the public shall be heard.

(c)

A request for a rate increase shall not be unreasonably denied, and any denial of a rate increase, in whole or in part, shall be accompanied by a written statement by the Common Council which shall set forth the reasons for the denial. In the event that the Common Council denies a proposed rate increase, in whole or in part, Grantee shall have the right to request arbitration, in accordance with the rules of the American Arbitration Association to determine the reasonableness of the Council's action or, at its option, Grantee shall have the right to request review of the denial by any Court of competent jurisdiction.

(Ord. No. 82-18, § 22, 7-1-83)

(a)

Discontinuance of service for non-payment. Grantee may disconnect installations and discontinue service to a Subscriber upon failure to pay Subscriber's bill within thirty (30) days of rendition; provided, however, Grantee shall give five (5) days written notice to Subscriber, delivered either by mail or served in person, that service will be discontinued unless arrearages are paid before the expiration of the five (5) day period.

(b)

Disconnection of installation because of deceit. Grantee may disconnect installation and discontinue service to a Subscriber who operates or attempts to operate more than one (1) television set at any one time on an installation for which no service fees are being paid, or permits anyone else to do the same; provided, however television servicemen may disconnect or reconnect the terminal unit on the rear of the television receiver for the purpose of repairing or replacing receiver equipment at the request of a Subscriber.

(Ord. No. 82-18, § 23, 7-1-83)

In the event that a potential Subscriber's premises are located at such a distance from a distribution cable that Grantee deems it not economically feasible to provide service at the rates authorized herein, the Board of Public Works and Safety shall determine, upon request from the potential Subscriber or Grantee, the amount, conditions, and refund provisions of the cable extension charge which, in addition to the rates authorized herein, would be fair and reasonable under the particular conditions and circumstances. In no event shall it be deemed "not economically feasible" to extend a distribution cable a distance of two hundred (200) feet or less, from an existing public utility or other public easement or right-of-way.

(Ord. No. 82-18, § 24, 7-1-83)

In its rates or charges, or in making available the services or facilities of the CATV System, or in its rules or regulations, or in any other respect, Grantee shall not make or grant preference or advantage to any Subscriber or potential Subscriber or to the User of the CATV System and shall not subject any such person to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscriptions to the CATV System or other legitimate uses thereof.

(Ord. No. 82-18, § 25, 7-1-83)

The rights, privileges and Franchise(s) granted hereby are not exclusive and nothing herein contained shall be construed to prevent the City from granting any like or similar rights, privileges and franchise to any other person within all or any portion of the City.

(Ord. No. 82-18, § 26, 7-1-83)

In addition to all other rights and powers of the City by virtue of this Franchise or otherwise, the City reserves, as an additional and as a separate and distinct power, the right to terminate and cancel this Franchise and all rights and privileges of Grantee hereunder in any of the following events or for any of the following reasons:

(a)

Violation of provisions. If Grantee shall by act or omission violate any term, condition or provision of this Franchise and shall fail or refuse to effect compliance within thirty (30) days following written demand by the City to do so.

(b)

Insolvent or bankrupt. If Grantee becomes insolvent or is adjudged bankrupt or all or any part of Grantee's facilities are sold under an instrument to secure a debt and are not redeemed by Grantee within thirty (30) days from the date of such sale; provided, however this shall not be an event of termination or cancellation in the event of a bankruptcy proceeding and the trustee, receiver or debtor in possession agrees in writing to be bound by the terms of this Franchise.

(c)

Fraud or deceit. If Grantee attempts to or does practice any fraud or deceit in its conduct or relations under this Franchise with the City, Subscribers or potential Subscribers.

(d)

Method of termination and cancellation. Any such termination and cancellation of this Franchise shall be by ordinance adopted by the Common Council; provided, however, before any such ordinance is adopted, Grantee must be given at least sixty (60) days advance written notice, which notice shall set forth the causes and reasons for the proposed termination and cancellation, shall advise Grantee that it will be provided an opportunity to be heard by the Common Council regarding such proposed action before any such action is taken, and shall set forth the time, date, and place of the hearing. In no event shall such hearing be held less than thirty (30) days following delivery of such notice to Grantee.

(e)

Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to the City required by this Franchise, Grantee shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reasons reasonably beyond its control.

(Ord. No. 82-18, § 27, 7-1-83)

The rights, privileges and Franchise granted hereunder may not be assigned, in whole or in part, without the prior consent of the Common Council expressed by a resolution or ordinance and then only under such conditions as may thereby be prescribed. No assignment to any person shall be effective until the assignee has filed with the Clerk-Treasurer an instrument, duly executed, reciting the fact of such assignment, accepting the terms of this Franchise, and agreeing to comply with all of the provisions hereof. No such consent shall be required for a transfer:

(a)

To a parent or subsidiary of a Grantee; or

(b)

To a corporation whose stock is held by the same stockholders as Grantee;

(c)

Of less than twenty (20%) percent of the voting securities of a corporate Grantee unless such transfer also results in a transfer of voting control;

(d)

Of stock from one present stockholder to another present stockholder unless such transfer also results in a transfer of voting control;

(e)

To a transfer that involves a reorganization or merger of interests with another entity for the purpose of securing financing and management assistance provided that the Grantee and its principals retain an effective ownership interest in the reorganization or merged entity.

(Ord. No. 82-18, § 28, 7-1-83)

Within thirty (30) days from the effective date of this ordinance, Grantee shall file with the Clerk-Treasurer a written statement in the following form signed in its name and behalf:

"To the Common Council of the City of Lake Station, Indiana:

For itself, its successors and assigns, the grantee hereby accepts the attached ordinance and agrees to be bound by all of its terms, conditions and provisions."

Grantee:

By:__________________________

Dated this _____ day of __________, 198___."

(Ord. No. 82-18, § 29, 7-1-83)

(a)

Grantee shall without charge make one (1) aerial connection for Regular Subscriber Service into the internal distribution system of each existing and future municipal office buildings, police station, fire station, community center, library, and public and parochial schools. Grantee shall make a connection at one outlet in each such premises for the purpose of enabling the said premises to distribute the Regular Subscriber Service. Where such premises consists of more than one (1) building, only one (1) tie-in and connection shall be made.

(b)

Grantee shall make such tie-in and connection at the location designated by the appropriate official as the location of the "head-end" of the internal distribution system of the premises. The responsibility of Grantee shall terminate when the tie-in and connection to the internal distribution system is complete, and the responsibility for performance of the internal distribution system, and for the distribution of the transmissions throughout such system shall be solely that of the premises. Grantee makes no representation or warranty as to the ability of such distribution system to carry the programs transmitted over its cable system; however, Grantee will offer, without charge, technical consulting services to the premises in order to make the internal system work effectively for the purposes intended herein.

(c)

The procedure for making such connections shall be as follows: Connections will be made at the time when Grantee is serving the area within which the premises is located. At such time, Grantee shall send written notification of the provisions of this paragraph to such premises. Thereafter, upon written request from the recipient official, Grantee will make the above-described tie-in and connection to the internal distribution system of such premises. When Grantee is serving the area, but the building on the premises to be connected with an aerial installation is located than 500 feet from the nearest CATV cable, the cost of the aerial cable installation beyond 500 feet will be paid by the premises. For underground installations, Grantee shall charge the recipient its actual cost. Such costs will be submitted to said premises, in writing, before installation is begun. All such Premises will be connected according to the orderly progress and construction of the system.

(Ord. No. 82-18, § 30, 7-1-83)

Subject to the applicable rules and regulations of the FCC, in the event that more than one (1) franchise is issued within, or immediately adjacent to the City, and if such operating systems are contiguous and technically compatible with Grantee, and have allocated access channels, Grantee shall provide suitable inter-connection facilities for one access channel at the boundary of its service area. In no event, however, shall Grantee be required to interconnect with a cable system not having substantially the same access provisions in its franchise as contained in this Franchise, unless such system agrees voluntarily to connect with Grantee, nor shall Grantee be required to interconnect at any point beyond any area where it has trunk or feeder service. In no event shall interconnection be required where the combined cable systems include more than fifty (50) trunk amplifies in cascade or as the state-of-the-art then permits.

(Ord. No. 82-18, § 31, 7-1-83)

Grantee shall establish and maintain a studio located in the City for reasonable use by the City for local programming. The Studio facility shall be provided as soon as reasonably practicable, but in no event later than one (1) year from the date of registration of this Franchise with the FCC.

(Ord. No. 82-18, § 32, 7-1-83)

The Grantee, upon receiving the Franchise provided for herein, shall reimburse and pay to the City the cost of publication of this Franchise as such publication is required by law. The Grantee, after accepting the Franchise, also shall pay all reasonable attorney fees, costs and expenses incurred in granting this Franchise.

The City expressly reserves the right to amend any provision of this ordinance (including, but not limited to rates) to conform with any more favorable provisions in any ordinance granting to Grantee a franchise in any municipality or other governmental unit(s) in Lake County, Indiana.

Grantee agrees to file with the Clerk-Treasurer of the City a complete certified copy of any ordinance granting a Franchise to Grantee by any governmental unit in Lake County, Indiana, within thirty (30) days of the effective date(s) thereof and to the extent possible, all such more favorable provisions shall be retroactive in this Ordinance to such effective date(s).

(Ord. No. 82-18, § 34, 7-1-83)

The proposal furnished by the Grantee to the City is hereby made a part of this Ordinance; and all information and representations made in said proposal are binding on the Grantee.

(Ord. No. 82-18, § 35, 7-1-83)

If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this Franchise. It is the intent of the City in adopting this Franchise that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any other portion or provisions; and to this end all provisions of this Franchise are declared to be severable. Failure to enforce or insist upon compliance with any of the terms or conditions of this ordinance shall not constitute a waiver or relinquishment of any such terms or conditions by the City, but the same shall be and remain at all times in full force and effect.

(Ord. No. 82-18, § 36, 7-1-83)

(a)

The Common Council of the City of Lake Station, Indiana, recognizes the need to stimulate growth and to maintain a strong economy within its corporate limits.

(b)

The Council further recognizes that it would be beneficial to the City for the redevelopment of real property and industrial equipment within the City to qualify as an Economic Revitalization Area for tax abatement purposes.

(c)

I.C., 6-1.1-12.1-1 through I.C., 6-1.1-12.1-5.7, provide for tax abatement for rehabilitation or redevelopment of real property and equipment in Economic Revitalization Areas.

(d)

Due to economic conditions within Northwest Indiana during the past several months, normal development and economic growth of the community have suffered and the normal development of property and the use of property has been impaired.

(e)

It is the desire of the Common Council of Lake Station, Indiana, to avail itself of all means at its disposal to foster economic development and growth within the community.

(a)

The city, whose corporate boundaries are identified by the map of the city which appears on the next page which is incorporated herein, and [is] declared to be an economic revitalization area in its entirety.

(b)

This article shall not give any person, firm, organization or corporation any rights or assess any obligations as to tax abatement status that would be greater than those granted or imposed by the laws of the state.

(Res. No. 84-6, 9-26-84)

The following definitions shall apply throughout this article:

City means the City of Lake Station, Indiana.

Dumping and fill means to dump, deposit, apply, excavate, move or otherwise place upon land within the city, with the purpose or effect of changing its natural topographic contour, any fill material.

Fill material means soil, sand, gravel, clay, rock, earth or other solid or semi-solid materials, but not including any substance or material defined as "solid waste," "hazardous waste," or "special waste" as those terms are defined pursuant to I.C. § §13-11-2-205, 99 and 215, respectively, or by any subsequently enacted provision of state law governing the regulation of waste materials.

Person means an individual, corporation, partnership, company, business organization, or association, whether for profit or not-for-profit, but shall not include agencies of local government, the State of Indiana, or the United States.

(Ord. No. 2000-09, § 1, 3-16-2000)

(a)

It is unlawful for any person to dump, deposit, apply, excavate, move or otherwise place upon land within the city, with the purpose or effect of changing its natural topographic contour, any fill material, unless excepted pursuant to subsection (b), without a permit duly issued and in effect under this article.

(b)

The following activities are excepted from the application of this article:

(1)

The dumping and fill of fill material by or at the direction of any governmental agency or public utility in connection with any public works project, street improvement, sewer or utility construction or repair project;

(2)

The dumping and fill of fill material in a total amount, not to exceed forty (40) cubic yards, in any period of one (1) year, commencing on the first day of actual dumping or fill upon any part of a single contiguous parcel of land.

(Ord. No. 2000-09, § 1, 3-16-2000)

A person desiring to secure a permit for dumping and fill of land shall make written application to the clerk-treasurer of the city upon an application form to be prepared by the clerk-treasurer and containing the following information:

(a)

The names, addresses, telephone numbers of each person who is a holder of the legal title or who holds a beneficial interest in the land upon which the dumping and fill activities will be carried out, together with the name, address, and telephone number of each contractor or other person who will actually carry out dumping and fill activities upon the land;

(b)

A statement of the character, location, purpose and intent of the dumping and fill activity with reference to a plat of survey for the parcels of land upon which all such activities will take place. Such plat shall be prepared by a registered land surveyor or engineer of the state in accordance with accepted survey standards, shall be attached to the application, and shall disclose, by contour lines upon the plat at intervals of not more than two (2) feet, the topographic nature of the parcels of land affected. Such plat shall include a legal description and key number of all parcels upon which dumping and fill activities will take place and shall be presented at a scale of not less than one (1) inch to one hundred (100) feet;

(c)

A description of the manner of dumping and fill activities to be undertaken, the amount, kind, character and exact source of the fill material and an exact description of all equipment to be utilized, together with the exact route within the city which all trucks and other equipment will travel in the course of performing such activities and in traveling to the property;

(d)

A detailed description of all protective measures and equipment to be used to prevent spillage and blowing of material onto adjacent property and flooding of land or diversion of watercourses;

(e)

An agreement, to be executed by the owners of the land upon which dumping and fill activities will take place and their contractors performing the work that:

1.

They will indemnify and hold harmless the city and adjoining landowners from any damage caused by their dumping and fill activities including damage due to changes in the drainage characteristics of adjoining properties caused by such activities;

2.

They will perform all dumping and fill activities in strict compliance with all applicable laws of the state and the United States, and that the fill material to be employed is not subject to permit, regulation or control by any agency of the state or the United States;

3.

They grant to the city the right to enter the land upon which dumping and fill activities are proposed to take place at any time for the purpose of observing such activities or inspecting the site of such activities to determine compliance with this article, the permit issued pursuant to this article, and to investigate complaints of violations of same;

4.

They will execute a written undertaking to comply fully with all applicable provisions of this article, laws governing their dumping and fill activities and the conditions of the permit in a penal sum to be determined by the city board of public works and safety in an amount not less than ten thousand dollars ($10,000.00) secured by a real estate bond or qualified surety under the laws of the state and covering all damages, attorney fees, costs of litigation or enforcement suffered by the city for violation of any such laws, ordinance or conditions;

(f)

The applicant shall tender to the clerk-treasurer the sum of two hundred dollars ($200.00) as application fee when filing the application, and, upon approval thereof by the board of public works and safety, a permit fee of one hundred dollars ($100.00) at time of issuance of the permit, and annually upon renewal thereof.

(Ord. No. 2000-09, § 1, 3-16-2000)

Upon completion and filing of the application and payment of the application fee, the clerk-treasurer shall place the application on the agenda of the next meeting of the board of public works and safety of the city ("board") for the purpose of scheduling a public hearing. The board shall assign a public hearing date to the application, and the applicant shall give written notice by registered or certified mail to all owners of property within fifteen hundred (1500) feet of the boundaries of the parcels upon which dumping and fill activities will take place. Such notice shall be mailed not less than fifteen (15) days before the hearing and shall contain the date, place and time of the public hearing, the names of all owners of the property upon which the dumping and fill activities will take place, the address of said property, and a description of the nature, extent and purpose of the activities to be undertaken.

The applicants shall file with the clerk-treasurer on or before the date of the public hearing a report issued by a title insurance or abstracting company detailing the names and address of all of the record owners of all parcels of real estate within the area described above for the giving of notice, and the return receipts and proof of mailing of notice to all such persons. The board shall conduct said hearing in the same manner as public hearings on other matters.

(Ord. No. 2000-09, § 1, 3-16-2000)

At the conclusion of the hearing, and within thirty (30) days of same, the board shall determine whether the health and safety of the residents of the city will be adversely affected by the project or whether damage to public or private property is likely if the proposed dumping and fill activities are allowed. The board shall then render its decision granting or denying the application for permit. If it is granted, the board shall specify those conditions in addition to or different from the general conditions provided in this article attaching to the permit. If denied, the board shall specify its findings in support of its decision.

(Ord. No. 2000-09, § 1, 3-16-2000)

Unless otherwise determined by the board for good cause, every permit issued under this article shall contain and be subject to the following conditions:

(a)

The permit shall be in effect for a period of one (1) year from the date of issue. Permits shall be subject to renewal in the same manner as a new permit;

(b)

All dumping and fill work will comply with all applicable laws and regulations of the city, state, and United States at all times, and that all fill material will be carried, handled and deposited so as to avoid spillage, blowing or contamination of streets and adjoining property;

(c)

The ultimate height of any fill undertaken by the applicant will not exceed ten (10) feet above the natural grade of the nearest public road adjoining the fill site;

(d)

Dumping and fill activities shall not be taken at unreasonable times or intervals such that undue noise and vibration shall be inflicted on surrounding property residents and occupants interfering with the peace and quiet enjoyment of their property;

(e)

The fill activities undertaken shall have adequate lateral support;

(f)

After permitted dumping and fill activities have been completed to the grade allowed by the city engineer, the subgrade shall be scarified to a depth of four (4) inches and rolled until a "proctor density" of not less than eighty-five (85) percent is obtained. Unless a building or structure will be erected over the fill site, clean black dirt shall be placed on the surface of the filled area to a depth of at least four (4) inches rolled and compacted.

(Ord. No. 2000-09, § 1, 3-16-2000)

The permit applicants shall file every three (3) months from the date of issue of the permit a report in writing with the board detailing the extent of the dumping and fill activities performed since the permit was issued or the last report, the exact source and type of all fill materials used, and the anticipated completion date.

(Ord. No. 2000-09, § 1, 3-16-2000)

The board shall cause the land upon which dumping and fill activities are undertaken in the city to be inspected periodically by the city engineer or his designee. The city engineer may issue citations of violation of this article or the terms and conditions of the permit, and may allow a grace period, not to exceed five (5) days in which the applicants may remedy any such citation. Thereafter, the board may seek prosecution of said citations in the same manner as other city ordinances.

The city engineer, in the event he determines that injury to life or health, or damage to public or private property is likely to result from a violation of this article or the terms and conditions of the permit, may issue a stop work order to the applicants and individuals performing dumping and fill activities and suspend their permit. Such persons shall immediately stop work until further notice from the board of the city engineer. The city may, at its sole option, obtain enforcement of the provisions of this article and the permit by application for injunctive and declaratory relief before any court of competent jurisdiction.

The applicants may appeal such orders to the board which shall conduct an evidentiary hearing to determine if the permit should be reinstated and the stop order withdrawn. The city shall carry the burden of proof at hearing. The applicants may be represented by counsel and present such evidence they wish and confront the evidence and witnesses of the city. The hearing will be held pursuant to not less than ten (10) days' written notice to the applicants, and the board shall render its decision in writing not more than twenty (20) days after hearing.

(Ord. No. 2000-09, § 1, 3-16-2000)

A person violating any provision of this article, the permit, a stop work order or order of the board shall be subject to the fines and penalties specified in section 1-9 of the City Code. Each day of violation shall be deemed a separate offense. Liability for such violation shall attach to all applicants and other persons committing prohibited acts or failing to perform acts commanded by this article or the permit. Such liability shall be in addition to civil liability for equitable relief and damages.

(Ord. No. 2000-09, § 1, 3-16-2000)

This article is not intended to confer jurisdiction upon the city over matters within the authority and jurisdiction of the Indiana Department of Environmental Management, The Indiana Department of Natural Resources, United States Environmental Protection Agency, United States Army Corps of Engineers and any other state or federal agency. The city shall report to the appropriate state or federal agency and evidence or information indicating a violation of law or regulation within the jurisdiction of any of such agencies.

(Ord. No. 2000-09, § 1, 3-16-2000)

No interpretation of this article shall be made which shall exceed the jurisdiction and authority of the city, or which conflicts with that of any other governmental agency. The provisions of this article shall be deemed severable. In the event it is determined that any provision thereof is void or unenforceable, the balance of this article shall be given effect to the extent practicable.

(Ord. No. 2000-09, § 1, 3-16-2000)

The following definitions shall apply throughout this article:

Business means any enterprise for profit conducted by a person, and also a charitable, educational, scientific, fraternal or civic organization which solicits contributions from its members or the public, whether for profit or not-for-profit, but not including any church, synagogue, temple, mosque or other place of worship, or any public or private school; provided, however, that it shall not mean any enterprise of any kind conducted exclusively from the individual business owner's or manager's dwelling place within the city.

City means the City of Lake Station, Indiana.

Person means an individual, corporation, partnership, company, business organization, or association, whether for profit or not-for-profit, but shall not include agencies of local government, the State of Indiana, or the United States.

(Ord. No. 2000-10, § 1, 3-16-2000)

It shall be unlawful for any person to conduct or engage in a business in the city for a period of ninety (90) consecutive days or more without having obtained and maintained in effect, for as long as the person pursues any activity in connection with said business, a duly issued business license from the clerk-treasurer in the manner provided in this article.

(Ord. No. 2000-10, § 1, 3-16-2000)

A person desiring to secure a business license under this article shall make written application to the clerk-treasurer of the city upon an application form to be prepared and distributed by the clerk-treasurer and containing the following information:

(a)

The names, addresses, and telephone numbers of the business applicant and of each person in charge of the business' management within the city;

(b)

A statement of the location, by reference to exact street address or precise geographical description within the city, of every office, plant, yard, staging area, or other facility used by or under the control of the applicant business in conducting its activities;

(c)

A description of the buildings, equipment, and specialized machinery in use or to be used by the business applicant at each location within the city, and a description of the business related activities conducted at each such location;

(d)

A statement of those explosive, hazardous, flammable, infectious, or otherwise dangerous materials or substances kept at any such location in substantial quantity, and whether the business applicant holds any permit or license issued by any agency of state or federal government for the possession, storage and use of same. If such permit or license is held by the applicant, a copy shall be provided with and attached to the application;

(e)

The names, addresses, and telephone numbers, residential as well as business, of at least two (2) persons who will serve as official contacts in the event of an emergency at any such location.

(Ord. No. 2000-10, § 1, 3-16-2000)

(1)

Each business located within the boundaries of the City of Lake Station, upon being licensed/permitted or obtaining any renewal thereof, shall provide as part of its submission a plan describing how its solid waste will be managed, including reduction, reuse and recycling steps taken to reduce its waste stream, which plan shall be subject to approval as provided under the above cited applicable ordinance; and,

(2)

Each person and/or entity applying for business building permits shall provide as part of their submission a plan describing how their solid waste will be managed, including reduction, reuse and recycling steps taken to reduce their waste stream, which plan shall be subject to approval as provided under the above cited applicable ordinance.

(3)

Current business permits issued for 2008 will have until May 30, 2008 to comply with this section or their business license will be void.

(Ord. No. 2008-04, 3-20-2008)

A business applicant shall pay to the clerk-treasurer a fee of fifty dollars ($50.00) with the application for issuance of license and for any renewal thereof, except that such fees shall be waived for applicant organizations exempt from taxation by the State of Indiana or the United States. A license issued or renewed under this article shall be in effect for a period of one (1) year unless otherwise revoked. Renewal of licenses shall be made by written application in the same manner as new licenses except that the applicant need only state that information upon the application that has materially changed since the prior license was issued.

All business licenses are to be renewed by January 15 of each calendar year. Any license fee unpaid on or after March 1 of each calendar year shall be subject to a late fee of fifty dollars ($50.00).

(Ord. No. 2000-10, § 1, 3-16-2000; Ord. No. 2004-31, 11-4-2004; Ord. No. 2012-17, 9-20-2012)

The clerk-treasurer shall forward all applications received under this article to the zoning office of the city for such inspection or investigation as that office deems necessary to assure compliance with the City Code and other laws and regulations. Not more than ten (10) days following receipt of the application, the zoning office shall make its report to the clerk-treasurer in writing upon the application, and, if favorable, shall forthwith issue the license to the business applicant. If such report is not favorable, the clerk-treasurer shall forthwith supply a copy of the report to the applicant business who, upon compliance with any deficiencies after reinspection by the zoning office, shall be issued the license by the clerk-treasurer.

(Ord. No. 2000-10, § 1, 3-16-2000)

In the event that any duly authorized official of the city shall determine that a business, licensed or unlicensed under this article, is conducting its activities in violation of any of the ordinances of the city, such official shall make written report of same to the clerk-treasurer who shall issue a cease and desist order or citation for violation of ordinance to the business. If the business shall not cease or desist from its activities in violation of ordinance within seventy-two (72) hours of receipt of citation or notice to cease and desist, the business' license may be suspended or revoked by the clerk-treasurer.

(Ord. No. 2000-10, § 1, 3-16-2000)

A business who is aggrieved by the denial, suspension or revocation of a business license under this article may petition the city board of public works for appeal in writing, and the board shall conduct hearing upon the petition. The city shall carry the burden of proof at hearing. The petitioner may be represented by counsel and present such evidence it wishes and confront the evidence and witnesses of the city. The hearing will be held pursuant to not less than ten (10) days' written notice to the petitioner, and the board shall render its decision in writing not more than twenty (20) days after hearing.

(Ord. No. 2000-10, § 1, 3-16-2000)

A person violating any provision of this article, a cease and desist order or order of the board of public works shall be subject to the fines and penalties specified in section 1-9 of the City Code. Each day of violation shall be deemed a separate offense.

(Ord. No. 2000-10, § 1, 3-16-2000)

No interpretation of this article shall be made which shall exceed the jurisdiction and authority of the city, or which conflicts with that of any other governmental agency. The provisions of this article shall be deemed severable. In the event it is determined that any provision thereof is void or unenforceable, the balance of this article shall be given effect to the extent practicable.

(Ord. No. 2000-10, § 1, 3-16-2000)

It is declared to be the purpose of this article to reduce the number of false alarms activated by private emergency alarm systems, and to provide the city emergency service agencies current information upon the users and properties served by such systems.

(Ord. No. 2003-13, § 1, 11-20-2003)

[The following terms as used in this article shall have the meaning indicated:]

Alarm system means any assembly of equipment which is designed or functions to provide an audible, mechanical, or electrical signal, or automatic dialing device which indicates a disturbance or some other activity that requires urgent attention.

Alarm means an audible, mechanical, or electrical signal from which a detection system indicates a disturbance of the detection system or some other activity that requires urgent attention.

For the purpose of this article, the term alarm system shall not include:

(1)

An alarm system installed on a motor vehicle.

(2)

A smoke or carbon monoxide detector not connected to an automatic dialing device.

(3)

A residential alarm equipped only to emit an audible alert that resets within fifteen (15) minutes upon false activation.

Alarm user means any individual, corporation, partnership, or other legal entity in ownership or control of an alarm system.

Automatic dialing device means any device connected to an alarm system which automatically sends a prerecorded message or coded signal to a selected phone number indicating the need for an emergency response.

Emergency service personnel means an employee or employees of the city police department, fire department, or the Hobart Communications Center who routinely responds to a summons for assistance when there is a reasonable belief that the need exists.

False alarm means an alarm eliciting an emergency response when the situation does not require emergency services. For the purposes of this article, this does not include alarms triggered by severe atmospheric conditions.

Permit holder means the individual, corporation, partnership, or other legal entity to which an alarm system permit is issued.

(Ord. No. 2003-13, § 1, 11-20-2003)

(a)

It shall be unlawful for anyone who owns or controls property to operate, cause to be operated, or permit the operation of an alarm system on that property unless a current alarm system permit has been obtained from the city police department. However, no permit shall be required for an alarm system that automatically stops within fifteen (15) minutes after activation, unless emergency service personnel are routinely notified and dispatched to a private residence to investigate said alarm. Activation of any newly installed alarm system shall not constitute a violation of this subsection for the first thirty (30) days after installation.

(b)

Anyone who violates this section shall be subject to the penalty provision of this article (section 4-108) unless an alarm system permit is obtained within ten (10) days after receiving notification of the violation.

(Ord. No. 2003-13, § 1, 11-20-2003)

Application for a permit for the operation of an alarm system shall be made by a person or legal entity having ownership, a leasehold interest in, or control over the property upon which the alarm system is installed. Such application shall be made in writing to the Lake Station Police Department within five (5) days following installation of an alarm system and prior to its operation. The application shall include the following information:

(1)

Street address of the property on which the alarm system is operational.

(2)

Any business name and owner name used for the premises on which the alarm system is operational.

(3)

Name of the person or alarm system business that will install the alarm system.

(4)

Name and telephone numbers of two (2) people or of an alarm system business, which have agreed:

a.

To receive notification at any time; and

b.

To come to the alarm site within forty-five (45) minutes after receiving a request from emergency service personnel to do so; and

c.

To grant access to the alarm site and to deactivate the alarm system if such becomes necessary.

(5)

Identification, description and location of any potentially hazardous materials stored on the premises.

(Ord. No. 2003-13, § 1, 11-20-2003)

(a)

The police department shall issue an alarm system permit to the person or legal entity in possession or control of the property upon application and payment of the permit fee, unless it is found that the application is incomplete or false. The police department shall deposit the application fee in the non-reverting fund established for police training and equipment only. Such permit shall contain a registration number.

(b)

After receipt of the application, the city communications center supervisor shall record the application data for use by emergency service personnel. All information provided in the application for permit shall be held confidential, provided; however, nothing in this article shall prohibit the use of such information for public safety purposes, for enforcement of this article, or for purposes of financial reporting and audit by the state board of accounts.

(c)

The permit holder shall promptly notify the Lake Station Police Department in writing of any change of information contained in the permit application. Failure to keep the emergency information required in section 4-103 of this article current shall be subject to the penalty provision (section 4-108) of this article.

(Ord. No. 2003-13, § 1, 11-20-2003)

(a)

The fee for an alarm system permit shall be ten dollars ($10.00) per year.

(b)

An alarm system permit issued pursuant to this article shall be personal to the permit holder for a specific location and is not transferable.

(Ord. No. 2003-13, § 1, 11-20-2003)

(a)

The emission by an alarm system of more than three (3) false alarms in any one (1) calendar year shall constitute a violation of this article and the owner of the property upon which the alarm system is located shall be subject to the penalties prescribed in section 4-108 of this article.

(b)

A person who owns, leases, or controls property on which an alarm system is installed shall receive a written warning from the police department after three (3) false alarms issued by such alarm system during one calendar year.

(c)

This section shall apply to all locations within the city with alarm systems installed prior to and after the taking effect of this article.

(Ord. No. 2003-13, § 1, 11-20-2003)

If an alarm system emits more than three (3) false alarms in one calendar year, the police department may issue written notice of violation of section 4-106(a) of this article to the person or entity who owns, leases, or controls the property on which such alarm system is installed. Each false alarm over the first three (3) false alarms in one calendar year constitutes a separate violation. Copy of all such notices shall be provided to the city attorney and may be prosecuted as a violation of a city ordinance under the Code.

(Ord. No. 2003-13, § 1, 11-20-2003)

The penalty for violation of this article shall consist of a fine or fines to be assessed against the person or entity who owns, leases, or controls the property on which the alarm system is installed. Such fines are hereby established as follows:

1st violation (or 4 false alarms in one calendar year) .....$25.00

2nd violation (or 5 false alarms in one calendar year) .....50.00

3rd violation (or 6 false alarms in one calendar year) .....100.00

4th violation (or 7 false alarms in one calendar year) .....200.00

A person who violates this article in excess of four (4) times in one (1) calendar year may be punished by assessment of a fine not to exceed two thousand five hundred dollars ($2,500.00) for each additional violation.

All penalties paid and collected under this article shall be deposited in the non-reverting fund of the city for police equipment and police training.

(Ord. No. 2003-13, § 1, 11-20-2003)

Should any portion of this article be determined by any court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect, to the extent practicable.

(Ord. No. 2003-13, § 1, 11-20-2003)