Lake Station City Zoning Code

The city may regulate the conduct, or use or possession of property which might endanger the public health, safety, or welfare of its citizens.

Cross reference— Enforcement of statutes and this Code, § 3-32.

State Law reference— Authority to regulate for purposes of health, safety and welfare, I.C. 36-8-2-4.

The city may establish, maintain, and operate a police and law enforcement system to preserve public peace and order and may provide facilities and equipment for that system.

State Law reference— Authority to preserve public peace and order, I.C. 36-8-2-2.

The city may regulate the introduction of any substance or odor into the air, or any generation of sound.

State Law reference— Authority to regulate air and sound, I.C. 36-8-2-8.

The city may regulate public gatherings, such as shows, demonstrations, fairs, conventions, sporting events, and exhibitions.

State Law reference— Authority to regulate public gatherings, I.C. 36-8-2-9.

The city may establish, maintain and operate a firefighting and fire prevention system and may provide facilities and equipment for that system.

State Law reference— Authority to establish firefighting system, I.C. 36-8-2-3.

All offenses against public health, order or decency not addressed by this Code shall be governed by applicable state statute.

State Law reference— Similar provisions, I.C. 35-45-1-1 et seq.

The code enforcement officer shall be appointed by the mayor to enforce the City Code and all ordinances of the city with the exception of section 10-1, Chapter 10, Article 1, of the City Code and all zoning ordinances of the city. The code enforcement officer shall also be responsible for the enforcement of the animal control ordinances of the city.

(Ord. No. 88-7, § 1, 5-5-88; Ord. No. 92-22CC, § 1, 10-15-92)

The City of Lake Station pursuant to I.C. 33-36-2-1 et seq. establishes a ordinance violations bureau. The ordinance and code provisions of the City of Lake Station that are subject to admission of violation before the violations clerk under the provisions of this Code are attached hereto and marked as Exhibit "A". All provisions of I.C. 33-36-2-1 et seq. as they exist and as may be amended in the future are adopted as part of this Code as if the same were reprinted herein in its entirety.

There is now an established schedule of ordinance and code provisions for the City of Lake Station. Said prescribed fines shall be assessed to the violators who elect to admit liability under the provisions of this section.

In the event a person charged with a Code violation of the city does not pay the appropriate fine set forth in Exhibit "A" within ten (10) days from the date said person is cited or enters a written denial with the violations clerk, the matter shall be assigned to a court of competent jurisdiction by the city attorney and the general penalty provisions of this Code, the same providing for a fine of one dollar ($1.00) to twenty-five hundred dollars ($2,500.00) per day per violation shall apply. All fines set forth on Exhibit "A" shall apply only in the event of a first violation by the defendant from and after the adoption of this section. Any subsequent violations of the same ordinance by the same person shall be subject to the general penalty provisions of this Code which provide for a fine of one dollar ($1.00) to twenty-five hundred dollars ($2,500.00) per day per violation.

In the event a person charged with a traffic related violation elects to contest said violation in a court of competent jurisdiction, the police chief, prior to the assignment of the matter to said court, may amend said traffic violation to a state statute violation. Thereafter, the amended violation shall be prosecuted, pursuant to state law, by the county prosecutor.

Exhibit "A"

Seat belt violation .....$25.00

Other traffic violations .....$35.00

Health and sanitation.

Unlawful growth of noxious vegetation .....$25.00

Illegal dumping .....$50.00

Miscellaneous offenses.

Failure to comply with lawful order or command of law enforcement officer or fireman .....$50.00

Disturbing the peace .....$50.00

Parade or solicitation without a permit .....$35.00

Posting notice on utility poles .....$35.00

(Ord. No. 2007-08, 6-7-2007)

It shall be unlawful for any person or persons to knowingly or intentionally interfere, or attempt to impede or interfere with any city official or employee in the performance of their official duties.

State Law reference— Resisting law enforcement officer, I.C. 35-44-3-3.

The board of public works and safety may, by contract or otherwise, remove all dead animals, rubbish, and other refuse from the city. The board may erect crematories or other plants for the destruction and disposal of this refuse.

Except as specifically set forth herein, any violation of any provision of this chapter shall be subject to the penalties provided by section 1-9 of this Code.

(a)

No person shall cause, permit, keep or maintain within the city limits of Lake Station, anything which is injurious to the public health, safety, or welfare of which is an obstacle to the free use of property. The existence of any of the above is declared to be a public nuisance and is prohibited.

(b)

Specific nuisances are identified in this Code and are declared illegal. Such declaration is for the purpose of identification and shall not limit the scope of enforcement regarding other nuisances which may not be specifically listed herein.

(a)

Notice to abate. Whenever the chief of police, environmental protection agent or other authorized officer finds that a public nuisance exists, he or she shall cause to be served upon the property owner, as shown by the records of the county auditor, a written notice to abate the nuisance within a reasonable time after such notice. Such notice shall be sent to the property owner by certified mail, return receipt requested.

(b)

Contents of notice to abate. The notice to abate shall contain:

(1)

A description of what constitutes the public nuisance;

(2)

The location of the public nuisance;

(3)

A statement of the act or acts necessary to abate the nuisance;

(4)

A reasonable time within which to complete the abatement;

(5)

A statement that if the nuisance is not abated as directed and no request for hearing is made within the time prescribed, the city will abate it and assess the costs against the property owner.

(c)

Request for hearing. Any person ordered to abate a public nuisance may have a hearing before the board of public works and safety to determine whether a nuisance does exist. A request for a hearing must be made in writing and delivered to the board within the time stated in the notice, or it will be conclusively presumed that a nuisance exists that must be abated as ordered.

At the conclusion of the hearing, the board shall render its written findings and determinations as to whether a nuisance exists. If it finds that a nuisance exists, it shall order the nuisance abated within an additional period of time which must be reasonable under the circumstances.

(d)

Failure to abate. If the person notified to abate a public nuisance neglects or fails to abate as directed, the city may perform the action required to abate, keeping an accurate account of the expenses incurred. An itemized expense account shall be certified and filed with the fiscal officer.

(e)

Ordinance violation. In the event the nuisance is not abated within said period of time, in addition to the provisions of subsection (d), the property owner shall be charged with an ordinance violation and shall be subject to the penalties provided by section 1-9 of this Code.

(f)

Collection of cost of abatement. The clerk-treasurer shall send a statement by certified mail of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one (1) month, he shall certify the costs to the county auditor. The amount due shall then be collected with, and in the same manner as general property taxes and disbursed into the general fund of the city.

(Ord. No. 88-7, § 1, 5-5-88)

It is hereby declared that creating, assisting in creating, permitting, continuing, or permitting to continue any unreasonably loud, disturbing or unnecessary noise in the city is unlawful and constitutes a violation of city ordinance, subject to the following:

(1)

The acts below are declared to be violations of this section, but such enumeration shall not be deemed to be exclusive:

a.

The operation of any electronic device, radio, audio player, television, stereo, "boombox" or similar unit at such level of volume that the device can be plainly heard or related vibrations detected out of doors at a distance of fifty (50) feet or more away from the source;

b.

The use or operation of any automobile, motorcycle, or other vehicle, engine, stationary or moving instrument, device or thing so used or repaired or so loaded in such manner as to create a loud and unnecessary roaring, booming, grating, grinding, rattling or other noise;

c.

The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle except as a necessary warning of danger to property or persons, provided that this paragraph shall not apply to bells and sirens on emergency facilities and vehicles operated by public safety agencies of local or state government;

d.

The making of any loud noise upon the public street or in such proximity thereto as to be distinctly and loudly audible upon such street;

e.

The making of any noise by crying, calling, barking or shouting or by means of any whistle, rattle, bell gong, musical instrument, loud speaker, amplifier or other device, or by sound truck for the purpose of advertising goods, wares, merchandise, services, or for the purpose of attracting attention or inviting patronage of a business or support of a candidate for office, political party or public issue;

(2)

Nothing in this section shall prohibit or make unlawful the ringing of or sounding of any church bells or chimes located upon, in or about any church or place of worship in the city.

(3)

Violations of this section shall be chargeable as a violation of city ordinance and shall be subject to the penalties provided by section 1-9 of the City Code. Every incident of violation and every day during which a violation continues is chargeable as a distinct and separate offense.

(4)

Incidents of sustained, loud, reasonably uncomfortable or distracting noise upon the streets or public areas of the city are hereby declared to constitute a public nuisance under this article and may be abated under the terms thereof, in addition to, or in the alternative of citation for violation of city ordinance.

(Ord. No. 2000-26, § 1, 8-3-2000; Ord. No. 2001-06, § 1, 3-1-2001)

As used in this article unless the context clearly indicates otherwise:

(a)

Building department shall mean the building department of the city, as established in section 2-25 of this Code, which is authorized to administer this article.

(b)

Enforcement authority shall mean the chief administrative officer of the building department of the city, who shall be the "enforcement authority", or his designated representative.

(c)

Substantial property interest shall be defined to incorporate by reference the definition found within I.C. 36-7-9-2, including any amendments thereto.

(Ord. No. 76-38, § 4, 10-8-76; Ord. No. 2017-04 , 2-23-2017)

State Law reference— "Substantial property interest" defined, I.C., 36-7-9-2.

This article adopts and implements the provisions of I.C., 36-7-9-1 et seq.

(Ord. No. 76-36, § 3, 10-8-76)

(a)

For purposes of this article, a building or structure, or any part of a building or structure, that is:

(1)

In an impaired structural condition that makes it unsafe to a person or property;

(2)

A fire hazard;

(3)

A hazard to the public health;

(4)

A public nuisance; or

(5)

Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance;

is considered an unsafe building.

(b)

For purposes of this Article:

(1)

an unsafe building; and

(2)

the tract of real property on which the unsafe building is located;

are considered unsafe premises.

(a)

The Enforcement Authority may issue an order requiring action relative to any unsafe premises, including:

(1)

Vacating of an unsafe building;

(2)

Sealing an unsafe building against intrusion by unauthorized persons in accordance with a uniform standard established by the City of Lake Station;

(3)

Extermination of vermin in and about the unsafe premises;

(4)

Repair of an unsafe building to bring it into compliance with standards for building condition or maintenance prescribed by law;

(5)

Removal of a part of an unsafe building; and

(6)

Removal of an unsafe building.

Notice of the order must be given under Sec. 6-164 of this Code.

(b)

The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties.

(c)

The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.

(d)

The order must contain:

(1)

The name of the person to whom the order is issued;

(2)

The legal description or address of the unsafe premises that are the subject of the order;

(3)

the action that the order requires;

(4)

The period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given;

(5)

If a hearing is required, a statement indicating the exact time and place of the hearing, and stating that person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses, and present arguments;

(6)

If a hearing is not required, a statement that an order under subsection (a)(2) becomes final ten (10) days after notice is given, unless a hearing is requested in writing by a person holding a fee interest is delivered to the enforcement authority before the end of the ten-day period;

(7)

A statement briefly indicating what action can be taken by the enforcement authority if the order is not complied with;

(8)

A statement indicating the obligation created by section 6-166 of this article relating to notification of subsequent interest holders and the enforcement authority; and

(9)

The name, address and telephone number of the enforcement authority.

(e)

The order shall allow a sufficient time, of at least ten (10) days from the time when notice of the order is given to accomplish the required action. If the order allows more than thirty (30) days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within thirty (30) days.

(f)

The order expires two (2) years from the day the notice of the order is given, unless one (1) or more of the following events occurs within that two-year period:

(1)

A complaint requesting judicial review is filed under section 6-148 of this Code.

(2)

A contract for action required by the order is let at public bid under section 6-150 of this Code.

(3)

A civil action is filed under section 6-156.

(a)

The enforcement authority may issue an order that modifies or rescinds the order previously issued.

(b)

All persons who have been issued an order must be notified of its rescission under Sec. 6-164 of this Code by means of a written statement including:

(1)

the name of the person to whom the statement of rescission of order is issued;

(2)

The legal description or address of the unsafe premises that are the subject of the order being rescinded;

(3)

The substance of the order being rescinded;

(4)

A statement that the order is being rescinded; and

(5)

The name, address, and telephone number of the enforcement authority.

(c)

If service of the order being modified or rescinded was by publication it is sufficient to serve the statement of modification or rescission by publication unless the enforcement authority has received information in writing that enables it to make service under Section 6-164 by a method other than publication. If service of a statement of rescission is by publication, the publication must include the items listed in Sub-Sections (b)(1) through (b)(5).

(a)

A hearing must be held relative to each order of the enforcement authority except for an order issued under Section 6-144 (a)(2). An order issued under 6-144(a)(2) becomes final ten (10) days after notice is given, unless a hearing is requested before the ten (10) day period ends by a person holding a fee interest or life estate interest in the unsafe premises. The hearing shall be conducted by the hearing authority.

(b)

The hearing shall be held on a business day no earlier than ten (10) days after notice of the order is given. The hearing authority, may, however, take action at the hearing, or before the hearing if a written request is received by the enforcement authority not later than five (5) days after notice is given to continue the hearing on a business day not later than fourteen (14) days after the hearing date shown on the order. Unless the hearing authority, takes action to have the continued hearing held on a definite, specified date, notice of the continued hearing must be given to the person to whom the order was issued at least five (5) days before the continued hearing date, in the manner provided by Section 6-164. If the order being considered at the continued hearing was served by publication, it is sufficient to give notice of the continued hearing by publication unless the enforcement authority has received information in writing that enables it to make service in accordance with Section 6-164, by a method other than publication.

(c)

The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that are the subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.

(d)

At the conclusion of any hearing at which a continuance is not granted, the hearing authority may make findings and take action either to:

(1)

Affirm the order; or

(2)

Rescind the order; or

(3)

Modify the order, but unless the person to whom the order was issued, or counsel for such person, is present at the hearing, the hearing authority may modify the order in only a manner that makes its term less stringent.

(e)

If, at a hearing, a person to whom an order has been issued requests an a additional period of time to accomplish action required by the order, and shows good cause for this request to be granted, the hearing authority, may grant the request. However, as a condition for allowing the additional period, the hearing authority may require that the person post a performance bond to be forfeited if the action required by the order is not completed within the additional time.

(f)

The Board of Public Works and Safety having control over the Department shall, at a public hearing, after having given notice of the time and place of the hearing by publication in accordance with I.C., 5-3-1, adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of ordered action. The hearing authority shall use this schedule to fix the amount of the performance bond required in Sub-Section (e).

(g)

The record of the findings made and action taken by the director at the hearing shall be available to the public upon request. However, neither the enforcement authority nor the hearing authority is required to give any person notice of the findings and action.

(a)

An action taken under Sec. 6-146(d), is subject to review by Circuit or Superior Court of Lake County on the request of:

(1)

Any person who has a substantial property interest in the unsafe premises; or

(2)

Any person to whom the order was issued.

(b)

A person requesting judicial review under this Section must file a verified complaint including the findings of fact and the action taken by the hearing authority. The complaint must be filed within ten (10) days after the date when the action was taken.

(c)

The appeal under this Section is an action de novo. The Court may affirm, modify, or revise the action taken by the hearing authority.

(a)

If the enforcement authority finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety, or property, it may take action without issuing an order or giving notice. However, this emergency action must be limited to removing any immediate danger.

(b)

The department acting through the enforcement authority may recover the cost incurred by the enforcement authority in taking emergency action by filing a civil action in circuit or superior court of Lake County against the persons who held a fee interest or life estate interest in the unsafe premises at the time the enforcement authority found it necessary to take emergency action. The department is not liable for the costs of this civil action.

(a)

The enforcement authority may cause the action required by an order to seal an unsafe building under Sec. 6-144 (a)(2) to be performed by a contractor if:

(1)

the order has been served in the manner prescribed by Sec. 6-164, on each person having a fee interest or life estate interest in the unsafe premises that are subject of the order;

(2)

the order has not been complied with;

(3)

a hearing was not requested under Section 6-144 (b)(6), or, if a hearing was requested, the order was affirmed at the hearing and;

(4)

the order is not being reviewed under Section 6-147.

(b)

The enforcement authority may cause the action required by an order, other than an order under Sec. 6-144 (a)(2) to be performed if:

(1)

an order has been issued to each person having a substantial property interest in the unsafe premises;

(2)

service of an order, in the manner prescribed by Sec. 6-164, has been made on each person having a substantial property interest in the unsafe premises that are the subject of the order;

(3)

the order has been affirmed or modified at the hearing in such a manner that all persons having a substantial property interest in the unsafe premises that are the subject of the order are currently subject to an order requiring the accomplishment of substantially identical action;

(4)

the order, as affirmed or modified at the hearing, has not been complied with; and

(5)

the order is not being reviewed under Sec. 6-147.

(c)

If action is being taken under this Section on the basis of an order that was served by publication, it is sufficient to serve the statement that the enforcement authority intends to perform the work by publication, unless the authority has received information in writing that enables it to make service under Sec. 6-164, by a method other than publication.

(a)

The work required by an order of the enforcement authority may be performed in the following manners:

(1)

If the work is being performed under an order other than an order under Sec. 6-144(a)(2), and if the cost of this work is estimated to be less than five thousand dollars ($5,000.00), the department, acting through its enforcement authority or other agent, may perform the work by means of its own workers and equipment owned or leased by it. Notice that this work is to be performed must be given to all persons with a substantial property interest, in the manner prescribed in subsection (c) of this Section, at least ten (10) days before the date of performance of the work by the enforcement authority. This notice must include a statement that an amount representing a reasonable estimate of the cost incurred by the enforcement authority in processing the matter and performing the work may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises.

(2)

If the work is being performed under an order other than an order under Sec. 6-144 (a)(2), and if the estimated cost of this work is five thousand dollars ($5,000.00) or more, this work must be let at public bid to a contractor licensed and qualified under law. The obligation to pay costs imposed by Sec. 6-151 is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted do not eliminate or diminish this obligation.

(3)

If the work is being performed under an order to seal an unsafe building under Sec. 6-144(a)(2), the work may be performed by a contractor who has been awarded a base bid contract to seal unsafe buildings for the enforcement authority, or by the department, acting through its enforcement authority or other governmental agency and using its own workers and equipment owned or leased by it. The unsafe building may be sealed without further notice to the persons holding a fee interest or life estate interest, and these persons are liable for the costs incurred by the enforcement authority in processing the matter and performing the work, as provided by Sec. 6-151.

(b)

Bids may be solicited and accepted for work on more than one (1) property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The part of the bid amount attributable to each of the unsafe premises constitutes the basis for calculating the part of the costs described by Sec. 6-151 (a)(1).

(c)

All persons with a substantial property interest in the unsafe premises and are subject to an order other than an order under Sec. 6-144(a)(2), must be notified about the public bid in the manner prescribed in Sec. 6-164, by means of a written statement including:

(1)

the name of the person to whom the order was issued;

(2)

a legal description or address of the unsafe premises that are the subject of the order;

(3)

a statement that a contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order;

(4)

a description of work to be accomplished;

(5)

a statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the enforcement authority in processing the matter of unsafe premises, may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises;

(6)

the time of the bid opening;

(7)

the place of the bid opening; and

(8)

the name, address, and telephone number of the enforcement authority.

(d)

If service of the notice of statement that public bids are to be let is by publication, the publication must include the information required by subsection (c), except that it need only include a general description of the work to be accomplished. The publication also must state that a copy of the statement of public bid may be obtained from the enforcement authority.

(e)

Notice of the statement that public bids are to be let must be given, at least ten (10) calendar days before the date of the public bid to all persons who have a substantial property interest in the property and are subject to an order other than an order under Sec. 6-144(a)(2).

(f)

If action is being taken under this Section on the basis of an order which was served by publication, it is sufficient to serve the statement that public bids are to be let by publication, unless the enforcement authority has received information in writing that enables it to make service under Sec. 6-164 by a method other than publication.

(a)

When action required by an order is performed by the enforcement authority or a contractor acting under Section 6-150, each person who held a fee interest or life estate interest in the unsafe premises from the time when the order requiring the work performed was recorded to the time that the work was completed is jointly and severally responsible for the following costs:

(1)

The actual cost of work performed by the enforcement authority or the bid price of work accomplished by the contractor under Section 6-150;

(2)

An amount which represents a reasonable forecast of the average processing expense which will be incurred by the enforcement authority in taking the technical, administrative, and legal actions concerning typical unsafe premises which are necessary under this Ordinance so that the action required by an order may be performed by a contractor in Section 6-150. In calculating the amount of the average processing expense, the following costs may be considered:

(a)

The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premise.

(b)

The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record in accordance with Section 6-164.

(c)

Salaries for employees.

(d)

The costs of supplies, equipment and office space.

(b)

The Board of Public Works and Safety shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action of the Board. In determining the average processing expense, the Board may fix the amount at a full dollar amount that is an even multiple of ten (10).

(a)

If all or any part of the costs listed in Sec. 6-151, remain unpaid for any unsafe premises (other than unsafe premises owned by a governmental entity) for more than fifteen (15) days after the completion of the work, and if the enforcement authority determines that there is a reasonable probability of obtaining recovery, the enforcement authority shall prepare a record stating:

(1)

the name and last known address of each person who held a fee interest or life estate in the unsafe premises from the time the order requiring the work to be performed was recorded to the time that the work was completed;

(2)

the legal description or address of the unsafe premises that were the subject of work;

(3)

the nature of the work that was accomplished;

(4)

the amount of the unpaid bid price of the work that was accomplished; and

(5)

the amount of the unpaid average processing expense.

The record must be in a form approved by the State Board of Accounts.

(b)

The enforcement authority shall swear to the accuracy of the record before the clerk of the circuit court and deposit the record in the clerk's office. Notice that the record has been filed and that a hearing on the amounts indicated in the record may be held must be sent to the persons named in the record, in the manner prescribed by Sec. 6-164.

(c)

If, within thirty (30) days after the notice required by subsection (b), a person named in the record files with the clerk of the circuit court a written petition objecting to the claim for payment and requesting a hearing, the clerk shall enter the cause on the docket of the circuit or superior court as a civil action, and a hearing shall be held on the question in the manner prescribed by I.C., 4-22-1. However, issues that could have been determined under Sec. 6-147 may not be entertained at the hearing. At the conclusion of the hearing, the court shall either sustain the petition or enter a judgment against the persons named in the record for the amounts recorded or for modified amounts.

(d)

If no petition is filed under subsection (c), the clerk of the circuit court shall enter the cause on the docket of the court and the court shall enter a judgment for the amounts stated in the record.

(e)

A judgment under subsection (c) or (d) is a debt and a lien on all the real and personal property of the person named, or a joint and several debt and lien on the real and personal property of the persons named. The lien on real property is perfected against all creditors and purchasers when the judgment is entered on the judgment docket of the court. The lien on personal property is perfected by filing a lis pendens notice in the appropriate filing office, as prescribed by the Indiana Rules of Trial Procedure.

(f)

Judgments rendered under this Section may be enforced in the same manner as all other judgments are enforced.

(a)

The enforcement authority shall establish in its operating budget a fund designated as the Unsafe Building Fund. Any balance remaining at the end of any fiscal year shall be carried over in the fund for the following year and does not revert to the general fund.

(b)

Money for the Unsafe Building Fund may be received from any source, including appropriation by a local, state or federal governments, and donations. The following money shall be deposited in such fund:

(1)

money received as payment for or settlement of obligations or judgments established under Sec. 6-148 through Sec. 6-152, and Sec. 6-156 through 6-161.

(2)

money received from bonds posted under Sec. 6-146;

(3)

money received in satisfaction of receivers' notes or certificates, that were issued under with Sec. 6-159, and, which were purchased with money from the "Unsafe Building Fund".

(c)

Money in the "Unsafe Building Fund" may be used for the expenses incurred in carrying out the purposes of this Article, including:

(1)

the cost of obtaining reliable information about the identity and location of each person who owns a substantial property interest in unsafe premises;

(2)

the cost of an examination of an unsafe building by a registered architect or registered engineer not employed by the department;

(3)

the cost of surveys necessary to determine the location and dimensions of real property on which an unsafe building is located;

(4)

the cost of giving notice of orders, notice of statements of rescission, notice of continued hearing, and notice of statements that public bids are to be let in accordance with Section 6-164.

(5)

the bid price of work by a contractor under sec. 6-149 or sections 6-156 through 6-161.

(6)

the cost of emergency action under Sec. 6-148.

(7)

the cost of notes and receivers' certificates issued under Sec. 6-159.

(d)

Payment of money from the "Unsafe Building Fund" must be made in accordance with applicable law.

The Board of Public Works and Safety may transfer all or part of the money in a building, demolition, repair, and contingent fund that was established by I.C., 18-5-5-7, to the Unsafe Building Fund.

(a)

If the owners or those in possession of a building refuse inspection, an inspection officer or the enforcement authority may obtain an inspection warrant from any court of record in Lake County in order to determine if the building is an unsafe building. The Court shall issue the warrant subject to the following conditions:

(1)

The person seeking the warrant must establish that the building to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection which naturally includes that building, or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such a search or inspection of the building.

(2)

An affidavit establishing one (1) of the grounds described in subdivision (1) must be signed under oath or affirmation by the affiant.

(3)

The court must examine the affiant under oath or affirmation to verify the accuracy of the affidavit.

(b)

The warrant shall be valid only if it:

(1)

is signed by the Judge of the Court and bears the date and hour of its issuance above that signature, with a notation that the warrant is valid only forty-eight (48) hours after its issuance;

(2)

describes (either directly or by reference to the affidavit) the building where the search or inspection is to occur so that the executor of the warrant and the owner or the possessor of the building can reasonably determine what property the warrant authorizes the inspection of;

(3)

indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(4)

is attached to the affidavit required to be made in order to obtain the warrant.

(c)

Any warrant issued under this Section, is valid for only forty-eight (48) hours after its issuance, must be personally served upon the owner or possessor of the building, and must be returned within seventy-two (72) hours.

The Building Department acting through its enforcement authority may initiate a civil action regarding unsafe premises in the Circuit or Superior Court of Lake County. The department is not liable for the costs of such an action. The Court may grant one (1) or more of the kinds of relief authorized by Section 6-157 through 6-161.

A court acting under Sec. 6-156, may grant a mandatory or prohibitory injunction against any person that will cause the order to be complied with, if it is shown that:

(a)

an order, which need not set a hearing date, was issued to the person;

(b)

the person has a property interest in the unsafe premises which are the subject of the order which would allow the person to take the action required by the order;

(c)

the building which is the subject of the order is an unsafe building; and

(d)

the order is not being reviewed under Sec. 6-147.

(a)

A court acting under Sec. 6-156, may impose a civil forfeiture not to exceed one thousand dollars ($1,000.00) against any person if the conditions of Sec. 6-157 are met.

(b)

The forfeiture imposed may be substantially less than the cost of complying with the order unless such cost exceeds one thousand ($1,000.00) dollars. The effective date of such forfeiture may be postponed for a period not to exceed thirty (30) days, after which the court may order the forfeiture reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done.

(c)

On request of the enforcement authority, the Court shall enter a judgment in the amount of the forfeiture. If there is more than one (1) party defendant, the forfeiture is separately applicable to each defendant. The amount of a forfeiture that is collected shall be deposited in the "Unsafe Building Fund."

A court acting under Sec. 6-156, may appoint a receiver for the unsafe premises, subject to the following conditions:

(1)

The purpose of the receivership must be to take possession of the unsafe premises for a period sufficient to accomplish and pay for repairs and improvements.

(2)

The receiver may be a not-for-profit corporation the primary purpose of which is the improvement of housing conditions in Lake County or may be any other capable person residing in Lake County.

(3)

Notwithstanding any prior assignments of the rents and other income of the unsafe premises, the receiver must collect and use that income to repair or remove the defects as required by the order, and may, upon approval by the court, make repairs and improvements in addition to those specified in the order or required by applicable statutes, ordinances, codes or regulations.

(4)

The receiver may make any contracts and do all things necessary to accomplish the repair and improvement of the unsafe premises.

(5)

The court may, after a hearing, authorize the receiver to obtain monies needed to accomplish the repairs and improvement by the issuance and sale of notes or receiver's certificates bearing interest fixed by the Court. The notes or certificates are a first lien on the unsafe premises and the rents and income of the unsafe building. This lien is superior to all other assignments of rents, liens, mortgages, or other encumbrances on the property, except taxes, if, within sixty (60) days following the sale or transfer for value of the notes by the receiver, the holder of the notes files a notice containing the following information in the County Recorder's Office:

(A)

The legal description of the tract of real property on which the unsafe building is located.

(B)

The face amount and interest rate of the note or certificate.

(C)

The date when the note or certificate was sold or transferred by the receiver.

(D)

The date of maturity.

(6)

Upon payment to the holder of a receiver's note or certificate of the face amount and interest, and upon filing in the Recorder's office of a sworn statement of payment, the lien of that note or certificate is released. Upon a default in payment on a receiver's note or certificate, the lien may be enforced by proceedings to foreclose in the manner prescribed for mechanic's liens or mortgages. However, the foreclosure proceedings must be commenced within two (2) years after the date of default.

(7)

The receiver is entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. The fees, commissions, and expenses shall be paid out of the rents and incomes of the property in receivership.

(b)

The issuance of an order concerning unsafe premises is not a prerequisite to the appointment of a receiver nor does such an order prevent the appointment of a receiver.

(c)

If the enforcement authority requests the appointment of a receiver, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(a)

A court acting under Sec. 6-156 may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law if it is shown that:

(1)

an order was issued to each person having a substantial property interest in the unsafe premises;

(2)

each of the orders has been affirmed or modified at a hearing in such a manner that all persons having substantial property interest in the unsafe premises that are the subject of the orders are currently subject to an order requiring substantially identical action;

(3)

the order, as affirmed or modified at the hearing, has not been complied with;

(4)

the building that is the subject of the order is an unsafe building; and

(5)

the order is not being reviewed under Sec. 6-147.

(b)

If the enforcement authority requests permission to cause the action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(c)

The cost of the work and the processing expenses incurred by the enforcement authority computed under Sec. 6-152, may, after a hearing, be entered by the court as a judgment against persons having a fee interest or life estate interest in the unsafe premises.

(a)

A court acting under Sec. 6-156 may set a hearing to be held within ten (10) days after the filing of a complaint alleging the existence of unsafe premises presenting an immediate danger to the health and safety of the surrounding community sufficient to warrant emergency action. Upon a finding at the hearing in favor of the department, the court may:

(1)

permit the enforcement authority to cause the action necessary to make the premises safe to be immediately performed by a contractor licensed and qualified under law; or

(2)

permit the enforcement authority to cause the action necessary to make the premises safe to be immediately performed by a contractor licensed and qualified under law after the defendants have had a reasonable time, as established by the court, to make the unsafe premises safe and have failed to complete the necessary action.

In granting relief under subdivision (2), the court shall set a date certain for the completion of the necessary action, and shall hold a hearing within ten (10) days after that date to determine whether the necessary action has been completed.

(b)

The issuance of an order concerning the unsafe premises is not a prerequisite to permission by the court to cause action to be performed on the unsafe premises. If an order has been issued concerning the unsafe premises, it does not prevent the permission by the court to cause action to be performed on the unsafe premises.

(c)

If the enforcement authority requests authority to cause action on the unsafe premises to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(d)

The cost of accomplishing the work may, after a hearing, be entered by the court as a judgment against persons having a fee interest or life estate interest in the unsafe premises.

A change of venue may not be allowed in an action filed under Sec. 6-147, 6-152, or 6-156 but a change of judge shall be allowed in the same manner as is provided for other civil matters.

An action filed under Sec. 6-147 or Sec. 6-156 takes precedence over other pending litigation, and shall be tried and determined by the court at as early a date as possible.

(a)

Notice of orders, notice of statements of rescission, notice of continued hearings, notice of a statement that public bids are to be let, and notice of claims for payment must be given by:

(1)

sending a copy of the order or statement by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested;

(2)

delivering a copy of the order or statement personally to the person to be notified; or

(3)

leaving a copy of the order or statement at the dwelling or usual place of abode of the person to be notified.

(b)

If, after a reasonable effort, service is not obtained by a means described in subsection (a), service may be made by publishing a notice of the order or statement in accordance with I.C., 5-3-1, in the county where the unsafe premises are located. However, publication may be made on consecutive days. If service of an order is made by publication, the publication must include the information required by subdivisions (1), (2), (4), (5), (6), (7), and (9) of Sec. 6-144 (d), and must also include a statement indicating generally what action is required by the order and that the exact terms of the order may be obtained from the enforcement authority.

(c)

When service is made by any of the means described in this Section, except by mailing or by publication, the person making service must make an affidavit stating that he has made the service, the manner in which service was made, to whom the order or statement was issued, the nature of the order or statement, and the date of service. The affidavit must be placed on file with the enforcement authority.

(d)

The date when notice of the order or statement is considered given is as follows:

(1)

If the order or statement is delivered personally or left at the dwelling or usual place of abode, notice is considered given on the day when the order or statement is delivered to the person or left at his dwelling or usual place of abode.

(2)

If the order or statement is mailed, notice is considered given on the date shown on the return receipt, or, if no date is shown, on the date when the return receipt is received by the enforcement authority.

(3)

Notice by publication is considered given on the date of the second day that publication was made.

(e)

Notice of orders, notice of statement of rescission, notice of continued hearings, and notice of a statement that public bids are to be left need not be given to a person holding a property interest in an unsafe premises if:

(1)

no instrument reflecting the property interest held by the person is recorded in the recorder's office of the county where the unsafe premises is located;

(2)

the order or statement was recorded in accordance with Sec. 6-165; and

(3)

the enforcement authority has received neither written information nor actual notice of the identify of the person who holds a property interest in the unsafe premises.

A person who fails to record an instrument reflecting an interest in his unsafe premises is considered to consent to action taken under this Article relative to which notice would otherwise be given.

(a)

The enforcement authority shall record in the office of Lake County recorder orders issued under previous Sections herein, statements of rescission issued under Sec. 6-145(b), statements that public bids are to be let under Sec. 6-150, and records of action taken by the hearing authority under Sec. 6-146. The recorder may not charge a fee for recording these items.

(b)

A person who takes an interest in unsafe premises that are the subject of an order takes that interest, whether or not a hearing has been held, subject to the terms of the order and in such a manner that all of the requirements relating to the issuance of orders, service of orders and affirmation of orders are considered satisfied. If a hearing has been held, the interest is taken subject to the terms of the order as modified at the hearing an in such a manner that all of the requirements relating to the issuance of orders, service of orders, and modification of orders at hearing are considered satisfied.

(c)

A person who takes an interest in unsafe premises that are the subject of a statement that public bids are to be let takes the interest subject to the terms of the statement and in such a manner that the notice of the statement required by Sec. 6-150 is considered given to the person.

(a)

A person who has been issued and has received notice of an order relative to unsafe premises and has not complied with the order:

(1)

must supply full information regarding the order to a person who takes or agrees to take a substantial property interest in the unsafe premises before transferring or agreeing to transfer that interest; and

(2)

must, within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the enforcement authority with written copies of:

(A)

the full name, address, and telephone number of the person taking a substantial property interest in the unsafe premises; and

(B)

the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.

(b)

If a judgment is obtained against the department, enforcement authority, or other governmental entity for the failure of that entity to provide notice to persons holding an interest in unsafe premises in an action taken by the entity under this chapter, a person who failed to comply with this Section is liable to the entity for the amount of the judgment if it can be shown that the entity's failure to give notice was a result of that person's failure.

A person who:

(1)

remains in, uses, or enters a building in violations of an order made under this Article;

(2)

knowingly interferes with or delays the carrying out of an order made under this Article;

(3)

knowingly obstructs, damages, or interferes with persons engaged or property used in performing any work or duty under this Article.

(4)

fails to comply with Sec. 6-166; commits a Class C infraction. Each day that the violation continues constitutes a separate offense.

(a)

[Intent.] The Collection Boxes Article is intended to be a regulatory article for the public's health, safety and welfare for the protection of all citizens who use collection boxes. The intent of this Collection Boxes Article is to impose restrictions and conditions on all collection boxes in the city so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic.

(b)

[Definitions.]

Collection box means any metal container, receptacle, or smaller devise that is located on any parcel or lot of record within the city and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle or any collection box located within an enclosed building.

Operator means a person who owns, operates, or otherwise is in control of collection boxes to solicit collections of salvageable personal property.

Permitee means a person over eighteen (18) years of age or an entity who is issued a permit authorizing placement of collection box(es) on real property.

Property owner means the person who is an owner of real property where the collection box(es) are located.

Real property, property or land means a lot of record located in the City of Lake Station.

(Ord. No. 2014-18, § I, 12-18-14)

No later than ninety (90) days from the effective date of this Article; no person shall place, operate, maintain or allow any collection box on any real property without first obtaining an annual permit issued by the city to locate a collection box.

(Ord. No. 2014-18, § II, 12-18-14)

(a)

Any person desiring to secure a permit shall make an application to the city.

(b)

A permit shall be obtained for each collection box(es) proposed. The license fee for donation boxes shall be one hundred dollars ($100.00) per year per box. City said fee is non-refundable.

(c)

The application for a permit shall be upon a form provided by the city clerk and be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall furnish the following information:

(1)

Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than five (5) percent of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested in the ownership or operation of the business, including all aliases.

(2)

Whether the applicant has previously received a permit for a collection box in the city or operates a collection box or similar type receptacle without a permit in the city.

(3)

The name, address, email and telephone number of a contact person for all matters related to a collection box located in the city.

(4)

The physical address of the real property where the collection box is proposed to be located.

(5)

A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of this Article and the City Code.

(6)

If not the owner of the real property, an affidavit from the property owner providing written permission to place the collection box(es) on the property, as well as an acknowledgment from the property owner of receipt of a copy of this Article shall be provided on a form provided by the city. For purposes of this subsection, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member, manager or agent of an entity owning the property.

(d)

Within ten (10) days of receiving an application for a permit, the city shall notify the applicant whether the permit is granted or denied. If the city denies an application, the City shall state in writing the specific reasons for denial.

(e)

No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

(Ord. No. 2014-18, § III, 12-18-14)

(a)

A permitee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the city for which the permitee has been granted a permit as follows:

(1)

Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti;

(2)

Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents;

(3)

Collection boxes shall have, at minimum, ½ inch type visible from the front of each collection box the name, address, email, website and phone number of the operator, as well as whether the collection box is owned and operated by a for profit company or a not for profit company. The collection box shall not have information, advertising of logos other than those relating to the operator.

(4)

Collection boxes shall be serviced and emptied as needed, but at least no less than every fifteen (15) days.

(5)

The permitee and property owner shall maintain, or cause to be maintained, the area surrounding the collection boxes, free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the city's cost to abate any nuisance.

(6)

Collection boxes shall:

a.

Not be permitted on any land used for residential purposes;

b.

Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than thirty (30) days;

c.

Not be less than one thousand (1,000) feet from another collection box as measured along a straight line from one (1) box to the other. Notwithstanding this separation requirement up to two (2) collection boxes on a single lot of record are permitted if the two (2) collection boxes are side by side and are no more than one (1) foot apart.

d.

Not exceed seven (7) feet in height, six (6 )feet in width and six (6) feet in depth;

e.

Not cause a visual obstruction to vehicular or pedestrian traffic;

f.

Not be placed closer than fifteen (15) feet from: 1) a public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five (5) foot clearance; 2) a public right-of-way; 3) a driveway; or 4) a side or rear property line of adjacent property used for residential purposes;

g.

Not cause safety hazards with the regard to a designated fire lane or building exit;

h.

Not 1) interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic; 2) encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space, and

i.

Be placed on a level, hard (asphalt or concrete) paved, dust-free surface.

j.

If placed on a parking lot servicing a business, the box shall not reduce the minimum number of parking spaces needed for the business pursuant to City Code.

(Ord. No. 2014-18, § IV, 12-18-14)

(a)

The permit year shall begin on January 1st in each year and shall terminate on December 31st of the same calendar year. An annual permit issued between December 1st and December 31st of any year shall expire on December 31st of the calendar year next following issuance thereof.

(b)

A collection box permit shall be renewed annually. The application for renewal must be filed not later than thirty (30) days before the permit expires. The application for renewal shall be upon a form provided by the city.

(c)

The city shall either approve or deny the renewal of a permit within ten (10) days of receipt of the complete renewal application and payment of the renewal fee. Failure of the city to act before expiration of the permit shall constitute approval of the renewal of the permit.

(d)

A permit renewal fee set by resolution of the city council shall be submitted with the application for renewal.

(e)

Prior to expiration of the permit, the permitee may voluntarily cancel the permit by notifying the city in writing of the intent to cancel the permit. The permit shall become void upon the city's receipt of a written notice to intent to cancel the permit.

(f)

The city shall approve the renewal of a permit if the city finds that no circumstances existed during the term of the permit which would cause a violation to exist and that the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding revoked shall be denied renewal of the permit for the subsequent calendar year.

(f)

If the permit expires and is not renewed, the collection box(es) must be removed from the real property within a maximum of ten (10) days after expiration of the permit.

(Ord. No. 2014-18, § V, 12-18-14)

(a)

(1)

The city shall have the right to revoke any permit issued hereunder for a violation of this Article. Any of the grounds upon which the city may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permitee to comply with the provisions of this Article or other laws shall provide a written notification to the permitee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of twenty (20) days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the city and, thereafter, the permitee shall not be eligible for a permit on the property for the subsequent calendar year.

(2)

Upon revocation, the collection box shall be removed from the real property within ten (10) days and, if not so removed within the time period, the city may remove, store or dispose of the collection box at the expense of the permitee and/or real property owner. All costs associated with the removal of the collection box incurred by the city, or the city's contractor shall be the responsibility of the property owner. If such obligation is not paid within thirty (30) days after mailing of a billing of costs to the property owner, the city may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this State against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the city, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

(b)

A permit for a collection box may be revoked if any government authority or agency determines that the collection box has violated the Indiana Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

(Ord. No. 2014-18, § VI, 12-18-14)

Any person aggrieved by the decision rendered by the city in granting or denying an application for a permit under this article or in revoking a permit issued under this Article may appeal the decision to the Plan Commission. The appeal shall be made by filling a written notice thereof with the city setting forth the grounds for the appeal not later than ten (10) days after receiving notice of the decision. The Plan Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the city.

(Ord. No. 2014-18, § VII, 12-18-14)

(a)

In addition to revocation of the permit, any person violating the provisions of this article is guilty of a civil infraction.

(b)

In addition to the penalty provided in subsection (a) of this section, any condition caused or permitted to exist in violation of the provisions of this article, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

(c)

Nothing in this article shall prevent the city from pursuing any other remedy provided by the law in conjunction with or in lieu of prosecuting persons under this section for violation of this article.

(d)

The real property owner and permitee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

(e)

No fines shall be imposed for a violation of this article until ninety (90) days after its effective date. All collection boxes existing at the effective date of the ordinance shall apply for a permit as required herein within thirty (30) days of the effective date. Any collection boxes not in compliance with this Article after ninety (90) days of the effective date shall be subject to all remedies for violation as provided herein.

(Ord. No. 2014-18, § VIII, 12-18-14)

(a)

This Article repeals and replaces Ordinance 2414-06 the Ordinance Establishing Regulations regarding Charitable donation boxes.

(b)

Pursuant to I.C. 36-1-3-8 the first violation of this Article shall not exceed a fine of two thousand five hundred dollars ($2,500.00), and the second or subsequent violation shall not exceed a fine of seven thousand five hundred dollars ($7,500.00).

(Ord. No. 2014-18, § IX, 12-18-14)

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

Abandon. To deposit, leave drop off or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed [in this chapter].

Agent. Any person eighteen (18) years or older who is authorized by the animal's owner to act on the owner's behalf with respect to his or her animal(s).

Altered animal. Any animal that has been operated on to prevent it from procreating.

Animal. Any live, nonhuman, vertebrate, or invertebrate creature that is domestic, wild, or exotic.

Animal control agency. Any governmental or private entity charged with or contracted with and given authority for the enforcement of the provisions of this chapter for and on behalf of the city.

Animal control officer. A person authorized to carry out the provisions of this chapter.

Animal performances or exhibitions. Any spectacle, performance, display, act, exhibition, or event in which an animal or animals are used.

Animal shelter. The facility established by the county board of commissioners and operated by the designated animal control authority or its authorized agents or a private entity, for the temporary care, confinement, detention, and humane treatment of animals held under the authority of this chapter or state law.

At large. An animal that is:

(1)

Not on a leash and is off the property of its owner, its owner's agent, or its keeper; or

(2)

On a leash that does not adequately confine the animal to the property of its owner, its owner's agent, or its keeper; or

(3)

On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal.

Auction. Any place or facility where animals are regularly bought, sold, or traded by means of auction sale, except for those facilities otherwise defined in this chapter or state law.

Bite. To seize, tear, wound, or cut with the teeth, resulting in a break in the skin.

Board. The Board of County Commissioners of Porter County.

Breeder. Any person or for-profit business or corporation which harbors or keeps dogs or cats, and allows or causes those animals to procreate, for the purpose of selling those offspring.

Circus. Any performances, which are given for a fee, by traveling companies on vacant lots, using tents, or some other kind of temporary enclosure for sheltering the public.

Commercial animal establishment. Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.

Controlled animal. Any animal not defined as a domestic animal in this chapter with the exception of small, nonpoisonous aquatic or amphibious animals, nonpoisonous reptilian animals, small cage birds, and psittacine. Controlled animals shall include but not be limited to the following:

(1)

All poisonous animals, including rear-fang snakes;

(2)

Apes: chimpanzees, gibbons, gorillas, orangutans, and siamangs;

(3)

Baboons;

(4)

Bears;

(5)

Bison;

(6)

Cheetahs;

(7)

Crocodilians;

(8)

Constrictor snakes, such as boa, python, and anaconda;

(9)

Coyotes;

(10)

Deer, including all members of the deer family, such as white-tailed deer, elk, antelope, and moose;

(11)

Elephants;

(12)

Game cocks and other fighting birds;

(13)

Hippopotami;

(14)

Hyenas;

(15)

Jaguars;

(16)

Leopards;

(17)

Lions;

(18)

Lynxes;

(19)

Monkeys;

(20)

Ostriches;

(21)

Pumas, also known as cougars, mountain lions and panthers;

(22)

Rhinoceros;

(23)

Sharks;

(24)

Snow leopards;

(25)

Spiders and insects which are poisonous;

(26)

Tigers;

(27)

Wolves.

Confined. Restriction of an animal at all times by the owner or his or her agent to an escape-proof building or other enclosure away from other animals and the public.

Criminal trespass.

(1)

Means:

a.

Not having a contractual interest in the property, knowingly or intentionally entering the real property of another person after having been denied entry by the other person or his or her agent;

b.

Not having a contractual interest in the property, knowingly or intentionally refusing to leave the real property of another person after having been asked to leave by the other person or his or her agent;

c.

Accompanying another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the other vehicle;

d.

Knowingly or intentionally interfering with the possession or use of the property of another person without his or her consent; or

e.

Not having a contractual interest in the property, knowingly or intentionally entering the dwelling of another person without his or her consent.

(2)

For purposes of this chapter, a person has been denied entry if the denial was by means of personal communication, oral or written, or by putting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.

Dangerous animal.

(1)

Any animal which:

a.

Has attacked or bitten another animal while off the property of its owner, its owner's agent, or its keeper;

b.

Has attacked, attempted to attack, bitten, or seriously injured any human being, without provocation, whether on or off the property of its owner, its owner's agent, or its keeper;

c.

Has a history, documented with a public agency or its designee, of attacking or biting any humans or domestic animals;

d.

Has a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten or endanger the safety of humans or domestic animals;

e.

Has been found to be at large and has been documented to be at large by an animal control officer on three (3) or more separate occasions in a twelve-month period; or

(2)

No animal shall be considered a dangerous animal if the animal causes injury or damage to a person while that person is:

a.

Committing or attempting to commit a criminal offense against the owner or agent of the owner;

b.

Committing a criminal trespass upon the premises occupied by the owner, agent, or keeper of the animal; or

c.

Teasing, tormenting, abusing, or assaulting the animal.

(3)

No K-9 patrol dogs or police dogs owned or kept by a law enforcement agency shall be considered a dangerous animal.

Designee. A person, organization, or entity selected appointed, or nominated for a particular purpose or duty.

Director. The person appointed to be responsible for the administration, operation and programs of the shelter and its personnel.

Domestic animal. Livestock or animals belonging to species normally kept, harbored, and maintained by persons as pets, irrespective of the particular reason for which the animal is kept or maintained. These animals include but are not limited to the following species:

(1)

Dog;

(2)

Cat;

(3)

Cattle;

(4)

Horse;

(5)

Donkey;

(6)

Sheep;

(7)

Goat;

(8)

Rabbit;

(9)

Mouse;

(10)

Rat;

(11)

Guinea pig;

(12)

Hamster;

(13)

Gerbil;

(14)

Cow or ox;

(15)

Pigeon, homing, or racing;

(16)

Chicken, turkey, goose, duck;

(17)

Swine;

(18)

Chinchilla;

(19)

Mink;

(20)

Ferret;

(21)

Bison;

(22)

Llama; and

(23)

All other animals defined in I.C. 15-2.1-2-15.

Exotic animal. Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii. This definition does not include fish, fur-bearing animals commercially bred for the furrier trade, and birds protected under federal laws and regulations.

Exposed to rabies. Any human or nonhuman, warm-blooded mammal that has been bitten or exposed to any other animal known or reasonably suspected to have been infected with rabies.

Fight. A conflict between two (2) or more animals that is intentionally organized for such purpose.

Fowl. Any kind of wild or domestic bird, excluding horning or racing pigeons, canaries, parrots, or similar types of birds normally kept in cages.

Harboring. The actions of any person that permit an animal habitually to remain, to be lodged or to be fed within one's home, store, enclosure, yard or place of business or any premises on which the persona resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days or more.

Humane officer. Any person or agency designated by the state or the city as a person who is qualified to perform the duties required by the law of this city and state regarding animals.

Hobby kennel. Any establishment housing fifteen (15) or fewer dogs and having four (4) or less litters per year.

Home confinement. Confinement within an escape proof enclosure or exercised on a leash by the owner.

Impounded. If any animal pursuant to this chapter or any state statute has been received into the custody of any animal shelter, the animal will have been impounded as that word is used in this chapter.

K-9 patrol dog or police dog. A professionally trained dog used by law enforcement officers for law enforcement purposes and activities.

Keeper. Any person, other than the owner, who has actual or constructive possession of an animal for the purpose of managing, controlling, or caring for the animal. A person shall be construed as a keeper of an animal even if he or she does not have the owner's permission.

Kennel. Any premises wherein any person engages in the business of boarding, breeding, buying, letting, or keeping cats and dogs for the purpose of hire, training for a fee, or selling.

Leash. A cord, chain, rope, strap, electric collar or other such physical restraint.

Livestock. Horses, stallions, colts, mares, geldings, sheep, rams, lambs, bullocks, steers, heifers, cows, calves, bulls, mules, jacks, jennets, burros, goats, kids, swine and fur bearing animals being raised in captivity.

Muzzle. A device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.

Nip. To pinch or squeeze with the teeth without breaking the skin or damaging any tissue.

Not-for-profit. A business, association, or entity established or organized as a not-for-profit by the Internal Revenue Service or the state Department of Revenue. "For-profit" means all other types of businesses, associations or entities.

Off property. Beyond the legal boundaries of the real property on which the owner, agent or keeper resides.

Owner. Any person having a right of property in a dog or other animal, or who keeps or harbors a dog or other animal, or who has it in his or her care, or acts as its custodian, or who knowingly permits a dog or other domestic animal to remain on or about any premise occupied by him or her.

Performing animal exhibition. Any spectacle, display, act, or exhibit or event other than a circus, in which performing animals are used.

Person. Any person, firm, corporation, partnership, association or other legal entity.

Pet. Any animal kept for pleasure rather than utility.

Pet shop. Any person, group of persons, partnership, or corporation, whether operated separately or in connection with another business enterprise which sells or barters animals.

Private kennel. Any premises housing four (4) or more adult dogs not for sale.

Provoked. To deliberately arouse, incite, or excite.

Public nuisance. Any animal that endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance" shall include, but not be limited to:

(1)

Any animal found running at large;

(2)

Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;

(3)

Any animal that chases or interferes with motor vehicles in a public right-of-way;

(4)

Any animal that attacks other animals;

(5)

Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;

(6)

Any animal that makes disturbing noises, including but not limited to continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7)

Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(8)

Any animal in heat that is not confined or restrained so as to prevent attraction or contact with other animals;

(9)

Any animal in any section of a public park, playground, schoolyard or other recreational area that is found running at large;

(10)

Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(11)

Any animal that trespasses on private property of persons other than the owner of the animal; or

(12)

Any animal determined to be a dangerous animal.

Rabies vaccination. An injection licensed by the U.S.D.A. and approved by the Indiana State Board of Health, given to a dog, cat, or other animal by a licensed veterinarian to prevent the spread of rabies.

Restraint. The securing of an animal by leash or lead, or confining it within the real property limits of its owner or agent.

Riding school or stable. Any place that provides, for a fee, boarding and/or riding instructions for a horse, pony, donkey, mule, or burro.

Rodeo. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contests, or bull riding.

Section. A section of this chapter unless some other ordinance or statute is mentioned.

Serious injury or death.

(1)

Any bodily injury, which is caused by an animal and is medically documented, that:

a.

Creates a substantial risk of death;

b.

Causes serious permanent disfigurement, unconsciousness, or extreme pain; or

c.

Results in a permanent or protracted loss or impairment of a bodily member or organ.

(2)

This definition shall not include any nip from an animal.

Service dogs. Any dog that is trained to assist a handicapped person.

Shall. The action referred to is mandatory.

Stray. Any animal not secured by a lead, or not under the control of a responsible person or control officer, or not confined within the real property limits of its owner, and for which after a reasonable search or inquiry no owner can be ascertained.

Unconfined dangerous animal. A dangerous animal which is not securely confined indoors, not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner, agent or keeper of the animal.

Unlicensed dog or cat. Any dog or cat for which the license for the current year has not been obtained, or to which the tag for the current year is not attached.

Unprovoked. Without incitement or stimulation.

U.S.D.A. The United States Department of Agriculture.

Veterinarian. Any person licensed and accredited to practice veterinary medicine in the state.

Vicious animal. Any animal or animals that constitute a physical threat to human beings or other animals.

Wild animal. Any animal not a domestic or exotic animal, with the exception of small nonpoisonous aquatic or amphibious animal and small cage birds, which are normally found in the wild state.

Zoological park. Any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animal, which is operated by a person, partnership, corporation, or governmental agency that is established for educational purposes and is properly zoned for that use, and which possesses valid licenses and permits as required under federal or state law.

(Ord. No. 88-7, § 1, 5-5-88; Ord. No. 88-8, § 1, 5-5-88; Ord. No. 92-22CC, § § 2, 3, 10-15-92; Ord. No. 2008-11, (1.02), 6-19-2008)

Every owner or his or her agent residing within the corporate limits of the city shall see that each of his or her animals:

(a)

Is kept in a clean, sanitary, and healthy manner and is not confined so as to be forced to stand, sit, or lie in its own excrement;

(b)

Has sufficient and wholesome food and water, which is proper and nutritional for that species of animal;

(c)

Lives in a structure, meeting minimum veterinary standards, which will protect that animal from all elements of the weather and will allow that animal to stand, sit, and lie down without restriction, and which is kept in a sanitary manner;

(d)

If ill, diseased, or injured, receives proper veterinary care as necessary to promote the good health of the animal and prevent the transmittal of a disease to other animals or human beings;

(e)

Is not beaten, ill-treated, overloaded, over-worked, tormented or otherwise abused or neglected or involved in any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans;

(f)

Is not physically altered in any manner by anyone other than a veterinarian, except for tattooing for identification purposes and grooming;

(g)

Is not abandoned, neglected, or tortured;

(h)

Does not become a public nuisance;

(i)

Does not become a dangerous animal;

(j)

In the case of a dog or cat over the age of three (3) months, is properly vaccinated against rabies by a licensed veterinarian annually, or upon such frequency as may be specified by state law, and the animal shall be licensed as required by this chapter and state law;

(k)

Is properly restrained and not at large;

(l)

During mating season, is kept is a secure enclosure in such a manner that it cannot come into contact with another animal of the same species, except for planned breeding.

(Ord. No. 2008-11, (1.03), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-14 was repealed and a new section 6-14 was enacted, as set out herein. The former section 6-14 pertained to enforcement and derived from the original Code.

(a)

Sale of animals as novelties or use as prize prohibited.

(1)

No person shall display, sell, offer for sale, barter, or give away any animal, reptile, or bird as a novelty or as an advertising device.

(2)

No rabbit, chick, gosling, duckling, turkey or other fowl may be dyed or otherwise colored artificially; nor shall any dyed or artificially colored rabbits, chicks, goslings, ducklings, turkeys, or other fowl be sold, offered for sale, displayed, used as barter, or given away.

(b)

Exceptions. This section shall not be construed to prohibit the sale or display of natural chicks, ducklings, goslings, turkeys, or other domestic fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes. Nor shall this section prohibit a pet shop holding a valid permit under this chapter or a legitimate humane society or animal shelter, from humanely caring for, adopting out, or selling animals as pets.

(Ord. No. 2008-11, (1.04), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-15 was repealed and a new section 6-15 was enacted, as set out herein. The former section 6-15 pertained to licensing required and derived from the original Code.

Any person operating a motor vehicle, who knowingly hits, runs over, kills or causes injury to a dog or cat, or domestic animal by which creating a public hazard shall immediately notify the police department. The notice shall include the motorist's name, address, phone number, type of animal hit and the location of the animal.

(Ord. No. 2008-11, (1.05), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-16 was repealed and a new section 6-16 was enacted, as set out herein. The former section 6-16 pertained to restraint and derived from the original Code.

No animal shall be left in a motor vehicle when the conditions in that vehicle would constitute a health hazard to that animal, or when the weather would constitute a health hazard to the animal confined in the motor vehicle; nor shall any person transport any animal in an unenclosed truck bed or open section of any vehicle unless the animal is enclosed in a cage which is securely fastened to the vehicle.

(Ord. No. 2008-11, (1.06), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-17 was repealed and a new section 6-17 was enacted, as set out herein. The former section 6-17 pertained to disturbing the peace and derived from the original Code.

No person having ownership, charge, control or responsibility for a domestic animal shall permit them to run at large upon any public place, or upon any unenclosed lands the premises of another, such conduct shall constitute a public nuisance.

State Law reference— Recklessly permitting a domestic animal to run at large, I.C. 15-2.1-21-8.

(a)

No person shall keep or harbor any animal or fowl in the city as to create offensive noises, odors or unsanitary conditions which are a menace to the health, comfort or safety of the public and such conditions constitute a public nuisance.

(b)

It shall be unlawful for any person to keep, harbor or maintain any cow, horse, sheep, goat, pig or any of their offspring within two hundred (200) feet of any dwelling house of any person.

State Law reference— Authority of city to regulate animals and maintain animal shelters, I.C. 36-8-2-6.

(a)

All domestic animals (animals) whether licensed or unlicensed pursuant to this Code found not under restraint, abandoned, habitually barking or howling or in other ways being a public nuisance, may be seized and impounded by any police officer or animal control officer. Impoundment may be in any animal shelter designated by the board of public works and safety.

(b)

If an animal wears a license tag or if the owner can by any other reasonable means be identified and located, the owner shall as soon as is practicable be notified by telephone and/or mail that the animal has been impounded.

(c)

If an animal is not redeemed by the owner within seven (7) days after impoundment, the animal shall be disposed of.

(d)

In the event that an animal(s) is seized and impounded pursuant to the provisions herein, the owner may redeem each individual animal by payment of appropriate fees to the clerk-treasurer as listed below:

Kennel fees for boarding of a single animal shall be:

For the first impoundment .....$15.00

For the second impoundment .....20.00

For the third impoundment .....30.00

Feed fees (after the initial forty-eight (48) hours of impoundment)

Per day .....5.00

(Ord. No. 88-8, § 1, 5-5-88; Ord. No. 92-05CC, § 3, 4-16-92)

State Law reference— Control over animal shelters delegated to safety board, I.C. 36-8-3-2.

(a)

No person shall deposit, dispose, or place any poisonous substance on any public or private property within the corporate limits of the city, if a domestic animal is reasonably likely to consume such substance.

(b)

A person shall not be liable under subsection (a) of this section, for leaving common rat or mouse poisons or insecticides, in any form, on his or her property if the person exercises reasonable care in restricting a domestic animal's access to the poison so that only the targeted rodents or insects are exposed to the poisons.

(c)

No person shall intentionally poison or attempt to poison a dog or cat for nuisance issues or control purposes.

(Ord. No. 2008-11, (1.07), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-21 was repealed and a new section 6-21 was enacted, as set out herein. The former section 6-21 pertained to care of dogs and derived from Ord. No. 64-444, 10-15-64, Code § 521.08.

No person shall trap animals or fowl within the city limits, unless the trap(s) are approved by an animal care facility and used for the control of nuisance animals. This prohibition shall not apply to any trap specifically designed to kill rats, mice, gophers or moles unless the property owner is unaware of their placement.

(Ord. No. 2008-11, (1.08), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-22 was repealed and a new section 6-22 was enacted, as set out herein. The former section 6-22 pertained to rabies; quarantines; rabid animals and derived from Ord. No. 88-8, § I, 5-5-88.

Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of this division except section 6-28. The licensing provisions of this division shall not apply to nonresidents of the city unless they keep a dog within the city for more than thirty (30) days.

(Ord. No. 64-444, 10-15-64, Code § 521.11)

(a)

No person shall keep more than a total of five (5) domestic animals over the age of six (6) months per household in any residential area zone. Of the five (5) total domestic animals allowed no more than three (3) shall be dogs and no more than three (3) shall be cats.

(b)

This restriction shall not apply to property that is at least one-third ( 1/3 ) of an acre of land fourteen thousand two hundred and fifty (14,250) square feet; however, any person owning more than three (3) of such animals must comply with subsection (c) of this section.

(c)

Persons desiring to have more than three (3) animals who meet the regulations set forth in subsection (b) of this section must have a minimum of one thousand (1,000) additional square feet for each additional animal.

(Ord. No. 2008-11, (1.09), 6-19-2008)

Editor's note— At the direction of the city, and in order to accommodate Ord. No. 2008-11, adopted June 19, 2008, the former section 6-24 was repealed and a new section 6-24 was enacted, as set out herein. The former section 6-24 pertained to penalties and derived from the original Code.

(a)

(1)

Any person desiring to keep any of the following domestic animals or fowl in the city must have a minimum of five (5) contiguous acres of land in the city upon which the animals would be kept and which acreage must be enclosed by a fence to confine such animals including but not limited to:

a.

Cow, ox, cattle, calves, or other livestock;

b.

Donkey, ass, burro, or mule;

c.

Sheep;

d.

Goat, except pygmy goat (see subsection (e) of this section);

e.

Roosters, geese, turkeys, ducks, or other fowl except racing or homing pigeons;

f.

Bees;

g.

Horses;

h.

Bison, llamas; or

i.

Swine, except potbelly pig (see division (e) of this section).

(2)

The maximum number of these animals which may be maintained on the property shall be determined in light of current animal husbandry and veterinary standards.

(b)

(1)

In no event shall the shelter and feeding station for any of the animals or fowl designated in subsection (a) above be closer than two hundred (200) feet from the adjoining property line.

(2)

Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand, or box located or kept within a zoological park, school, or university building for the purpose of study or observation, as long as the public safety is ensured.

(3)

Bees must be kept in accordance with the following provisions:

a.

If bee colonies are kept within fifty (50) feet of any exterior boundary of the property on which the hive, stand, or box is located, a barrier shall be erected that will prevent bees from flying through it.

b.

Fresh, clean watering facilities for bees shall be provided on the premises.

c.

The bees and equipment shall be kept in accordance with the provisions of state statutes.

(c)

Any person desiring to raise rabbits or pets or racing or homing pigeons within the city must keep those animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created.

(d)

No person may keep within the city, as presently or hereinafter established, any swine, pigpens, or hog sties. Possession of these items constitutes a public nuisance.

(e)

Pot bellied pigs and pygmy goats shall be allowed only on a lot with a minimum of two (2) acres of land for each individual animal, and all other sections of this chapter shall be adhered to.

(f)

Chickens shall be allowed to be kept in the City of Lake Station, Indiana, on parcels of land consisting of less than five (5) acres in strict accordance with all of the following requirements:

(1)

A chicken is a gallus gallus domesticus, a domestic bird typically kept on a farm. This definition does not include other fowl, such as, but not limited to, peacocks, turkeys or waterfowl.

(2)

No roosters (male chickens) shall be kept under the provisions of this section.

(3)

There shall be no more than five (5) chickens on any parcels of land less than five (5) acres in size.

(4)

Chickens must be kept completely and securely enclosed and under the control of the owner and on the owner's property at all times.

(5)

A chicken coop, an enclosed structure for harboring chickens that provides shelter from the elements, shall be provided. The chicken coop must provide adequate sun, shade and ventilation and must be impermeable to rodents, wild birds and predators, including cats and dogs and must provide at least ten (10) square feet of space per chicken kept therein. No chicken coop shall exceed seventy-five (75) total square feet in size. No chicken coop shall be more than ten (10) feet in height. The chicken coup shall be situated a minimum often feet from all property lines. For corner lots, the chicken coop shall be situated as near as possible to the middle of the lot. The city's building commissioner shall have final approval of the construction and location of chicken coops on all lots.

(6)

Chickens shall be provided with access to feed and clean water at all times.

(7)

All feed for said chickens shall be stored in containers so as to protect against intrusion by rodents and vermin.

(8)

The chicken coop shall be maintained in a sanitary condition and in compliance with applicable health regulations of the State of Indiana, Lake County, and the city.

(9)

Chickens and chicken coops shall be confined to the back yard of the property.

(10)

Any chickens kept in accordance with the provisions of this section shall be for noncommercial, personal use only and may not be slaughtered on the property.

(11)

Any violations of this section shall be subject to applicable penalties set forth in section 1-9 of the City of Lake Station, Indiana, Municipal Code.

(12)

A yearly permit fee shall be ten dollars ($10.00) and paid to the clerk-treasurer's office. Coop permits shall be issued only when:

a.

Chicken owner provides proof of $100,000.00 liability insurance coverage;

b.

A proper inspection sheet signed by the building commissioner is submitted;

(13)

Chicken coop permits expire on December 31 of every year and shall be renewed annually.

(14)

Coop tags shall be issued with permits, tags are to be displayed prominently on the chicken coop.

(Ord. No. 2008-11, (1.10), 6-19-2008; Ord. No. 2020-14 , 8-13-2020)

(a)

Any owner or his or her agent taking the owner's dog or cat outside of the owner's real property limits must immediately remove any excrement deposited by the animal on any public or private property, except in the case of a guide dog for a blind person or service dog for a deaf or physically disabled person.

(b)

The owner of any dead animal shall remove and properly dispose of the animal within twenty-four (24) hours after its death. The real property owner is responsible for removal of any strange animal carcass on his or her real property.

(Ord. No. 2008-11, (1.11), 6-19-2008)

No person being the owner or having custody and control of any dog or cat shall permit or allow the dog or cat to run or to be at large in the streets, or on the walks or public grounds of the city, unless the dog or cat shall wear a collar or a harness and be effectively restrained by a chain or leash not more than ten (10) feet in length.

(Ord. No. 2008-11, (1.12), 6-19-2008)

(a)

If any person is a victim of an animal bite, he or she shall immediately notify the city police department and provide a description of the animal and identification, if possible, of the owner. When an animal is determined to have bitten a person, the animal shall be confined in quarantine for a period of not less than ten (10) days.

(b)

If the animal's owner which has bitten a person presents proof of current rabies inoculations, the animal may be left in the charge of the owner, under quarantine, unless in the judgment of the humane officer, police officer or code enforcement agent and based upon considerations of public safety, the humane officer determines it should be removed to an animal shelter or veterinary hospital for the period of observation.

(c)

In addition to other legal obligations prescribed by law, the owner shall pay for all costs incurred in the quarantine and/or impoundment of the animal before the animal will be released. If the owner is unable or unwilling to pay for the costs, the animal will be humanely euthanized and the owner shall remain liable for any costs incurred in the quarantine and/or impoundment.

(d)

If the owner of the quarantined animal cannot be determined, or if the owner does not furnish proof of current rabies inoculation, the animal shall be impounded under the authority of the Hobart Humane Society for a period of observation of not fewer than ten (10) days.

(e)

Animal control officers, police officers or code enforcement agents shall be empowered to enter onto private property for the purpose of impounding animals which are known to have bitten a person and shall obtain legal process to do so if necessary.

(f)

Unless otherwise provided, the city and any of its agents shall comply with the standards set forth in I.C. 15-2.1-6-1 through I.C. 15-2.1-6-13 entitled "Rabies."

(Ord. No. 2008-11, (1.13), 6-19-2008)

(a)

No animal owner or his or her agent shall keep or harbor a dog or cat over the age of three (3) months unless a licensed veterinarian with anti-rabies vaccine has vaccinated it annually.

(b)

The owner shall maintain proof of an animal's vaccination so that it can be presented to the city or its agents upon request.

(c)

Failure to comply with the provisions of this section shall subject the owner of the unvaccinated dog and/or cat to being issued an ordinance violation citation, subjecting the owner to a fine as set forth in section 6-30.10 of this Code.

(d)

In addition the animal may be seized until the animal is immunized and held at the expense of the owner.

(Ord. No. 2008-11, (1.14), 6-19-2008)

No person shall interfere with or impede a humane or animal control officer, police officer, code enforcement agent or any other authorized agent in the performance of his or her duties as set forth in this chapter.

(Ord. No. 2008-11, (1.15), 6-19-2008)

No person owning, operating, or maintaining any public place of business to which the general public is invited for any business purpose shall exclude therefrom any dog that has been trained to assist the blind, the hearing-impaired, or the physically-disabled. However, such dog must be in the company of the handicapped person for whom it was trained to assist or in the company of a licensed obedience service trainer.

(Ord. No. 2008-11, (1.16), 6-19-2008)

No person shall harbor or possess within the city any poisonous animal, reptile, amphibian, fish, or insect, or any animal that poses a threat to the public health and safety. That animal may be impounded by the animal control agency and disposed of in a manner determined to be in the best interest of the animal, which may include being euthanized.

(Ord. No. 2008-11, (1.17), 6-19-2008)

The Hobart Humane Society as the contracted animal control agency of the City of Lake Station may seize, impound or confine any of the following animals:

(a)

A stray animal brought to the shelter by shelter personnel or any resident of Lake Station;

(b)

Injured animals brought to the shelter for which no owner can immediately be found;

(c)

Biting or dangerous animals or those suspected of being rabid, as established by other sections of this division;

(d)

An animal whose owner wishes to relinquish that ownership;

(e)

Any animal seized by the warden, a law enforcement official; or

(f)

Dogs without current license tags; code enforcement agent to prevent present or future inhumane treatment;

(g)

Any animal running at large;

(h)

Any animal constituting a public nuisance;

(i)

Any unattended animal that is ill, injured, or otherwise in need of care;

(j)

Any unattended animal that is reasonably believed to have been abused or neglected;

(k)

Any animal that is considered unattended or abandoned, as in situations where the owner is deceased, has been arrested, or evicted from his or her regular place of residence.

(Ord. No. 2008-11, (1.18), 6-19-2008)

(a)

No person shall possess, offer for sale, attempt to buy or own within the city any of the following animals of either thoroughbred or hybrid stock or pedigree:

(1)

All wild cats of the family felidae;

(2)

Polar bear;

(3)

Red wolf;

(4)

Vicuna;

(5)

Alligator;

(6)

Caiman or crocodile of the order of crocodillia;

(7)

Gray or timber wolf;

(8)

Sea otter;

(9)

Pacific ridley turtle;

(10)

Atlantic green turtle;

(11)

Mexican ridley turtle.

(b)

No person shall buy, sell, or offer for sale or own a native or foreign species of subspecies of mammal, bird, amphibian, or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress), as amended.

(c)

No person shall import or cause to be imported into this city any part of the plumage, skin, or dead body of any species of hawk, owl, or eagle. This subsection shall not construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

(d)

This section shall not be construed to prevent the importation, possession, purchase, or sale of any species to any person or organization licensed to present a circus or carnival pursuant to this Code.

(e)

A humane officer, police officer or code enforcement agent may seize and impound any animal being offered for sale or owned in violation of this section.

(f)

Failure to comply with the provisions of this section shall subject the owner of the protected animal to being issued an ordinance violation citation, subjecting the owner to a fine as set forth in section 6-30.10.

(Ord. No. 2008-11, (1.19), 6-19-2008)

(a)

No person shall keep, maintain, or have in his or her possession or under his or her control within the city, any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious or dangerous propensities.

(b)

No person shall keep, maintain or have in his or her possession or under his or her control, within the city, any of the following animals of either thoroughbred or hybrid stock or pedigree:

(1)

All poisonous animals, including rear-fang snakes;

(2)

Apes such as chimpanzee, gibbons, orangutans and siamangs;

(3)

Baboons;

(4)

Bears;

(5)

Bison;

(6)

Cheetahs;

(7)

Crocodilians;

(8)

Constrictor snakes, including but not limited to boa, python and anaconda;

(9)

Coyotes;

(10)

Deer such as white-tailed deer, elk, antelope and moose;

(11)

Elephants;

(12)

Game cocks and other fighting birds;

(13)

Hippopotami;

(14)

Hyenas;

(15)

Jaguars;

(16)

Leopards;

(17)

Lions;

(18)

Lynxes;

(19)

Monkeys, old world, new world;

(20)

Ostriches;

(21)

Piranha fish;

(22)

Pumas such as cougars, mountain lions; and panthers;

(23)

Rhinoceroses;

(24)

Sharks;

(25)

Snow leopards;

(26)

Spiders and insects which are poisonous;

(27)

Tigers;

(28)

Wolves; (and hybrids)

(29)

Monitor lizard; or

(30)

Wild animals.

(c)

The provisions of this section shall not apply to institutions of higher learning, zoological parks, circuses, or persons harboring animals specifically for the purpose of rehabilitation and release into their natural habitat pursuant to a valid wildlife permit issued by the state or an agency of the United States if:

(1)

Their location conforms to the provisions of city ordinances.

(2)

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate offensive odors.

(3)

Animals are confined in such a manner so as to prevent their escape and protect the public from coming in direct contact with them.

(4)

Failure to comply with the provisions of this section shall subject the owner or keeper of the animal to being issued an ordinance violation citation, subjecting the owner to a fine as set forth in section 6-7.1.

(Ord. No. 2008-11, (1.20), 6-19-2008)

(a)

No person shall keep, harbor, own, or permit to be kept on his or her premises any wild animal. Wild animals shall include but are not limited to raccoons, skunks, foxes, squirrels, chipmunks, porcupines, possums, wolves, and woodchucks.

(b)

Zoological parks, animal care facilities, circuses or carnivals properly licensed pursuant to this chapter, and persons possessing a valid wildlife permit from the state department of conservation are exempt from this section.

(c)

Any person who owns, possesses, or harbors any wild animal in violation of this section may have the animal seized and impounded.

(d)

Failure to comply with the provisions of this section shall subject the owner or keeper of the animal to being issued an ordinance violation citation, subjecting the owner to a fine as set forth in section 6-30.10.

(Ord. No. 2008-11, (1.21), 6-19-2008)

If an animal kills or causes serious injury, the animal shall be deemed a dangerous animal, pursuant to section 6-13, and the animal shall be humanely impounded and/or euthanized at the discretion of the city court judge or other proper authority. The owner shall be responsible for the costs of caring for the animal during the period of impoundment, including but not limited to costs of boarding and veterinary treatment, if necessary.

(Ord. No. 2008-11, (1.22), 6-19-2008)

(a)

Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter, or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or state law, a health officer, police officer, code enforcement agent, or animal control officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or any state law, provided that:

(1)

If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and

(2)

If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry, explaining the reasons thereof.

(b)

In the event the officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe, dangerous, or constitutes a public nuisance as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons thereof. If entry is refused or cannot be obtained the officer shall have recourse to secure lawful entry and inspection of the property.

(Ord. No. 2008-11, (1.23), 6-19-2008)

(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 (1) 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)

Before a license is issued the applicant must show proof that the animal being licensed is up to date on all vaccinations and proof that the animal is covered for a minimum one hundred thousand dollars ($100,000.00) for any injury, damage or loss caused by the animal on their homeowners or renters insurance.

(c)

The yearly license fee shall be five dollars ($5.00) for an animal that has been neutered or spayed and ten dollars ($10.00) for an animal that has not been neutered or spayed.

(d)

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

(e)

If the ownership of the animal is transferred, the new owner may have the current license transferred to his name upon payment of a fee of five dollars ($5.00).

(f)

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

(g)

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

(h)

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

(Ord. No. 2008-11, (1.24), 6-19-2008)

(a)

Warning notices for pet registration and permits.

(1)

Persons who fail to have their dogs or cats vaccinated pursuant to section 6-39 of this Code, may be served with a warning notice requesting immediate compliance. A police officer, code enforcement agent or animal control agency may serve this notice. Only one (1) warning notice may be given per year to an individual who has failed to have a dog or cat vaccinated or properly registered. All other violations of this chapter are subject to the citations and fines stated herein.

(2)

The warning notice shall contain the name and address of the violator, the section violated, nature of the violation, date, time and location of the violation, the name of the officer issuing the warning notice, and the telephone number of the officer to contact for information.

(b)

Citations and/fines payable through city court. Any person served with a warning notice for failure to have a dog or cat vaccinated or registered and who fails to comply within ten (10) days and any person who violates any other provision of this chapter, shall be issued a citation. Citations shall contain the name and address of the violator, the Code section violated, the date, time and nature of the violation, location of the violation, and the name of the person issuing the citation.

(c)

Fines.

(1)

Any person who violates any of the sections of this chapter shall be subject to a fine of fifty dollars ($50.00) per violation, which shall be payable through the clerk treasures office; with the exception of vicious animals, animal attacks and biting animals.

(2)

Repeat offenders shall be subject a successive doubling of fines.

(3)

The owner of a biting animal shall be subject to a fine of one hundred dollars ($100.00) per violation and be required to furnish evidence of a veterinary examination for that animal demonstrating proper vaccination; and confinement to the satisfaction of the police department, code [enforcement] agent or animal control officer.

(4)

The owner of a vicious animal causing serious injury or death shall be subject to a fine of fifteen hundred dollars ($1,500.00) per violation; and the impoundment of the animal until such time an animal control officer is satisfied with the control of animal or its humane euthanization.

(5)

The city clerk treasures office shall be responsible for all monies received, fees collected, and all necessary records pertaining animal registration.

(Ord. No. 2008-11, (1.25), 6-19-2008)

No person shall shoot, hunt, trap, kill or confine any wild animals or wild fowl, or pursue to shoot, hunt, trap, kill or confine any wild animals or wild fowl within the corporate limits of the city.

No person shall fish from any public bridge within the corporate limits of the city.

The penalties for violation of this division shall be as set forth in section 1-9 of this Code.

The requirements of I.C. 36-7-10-3, which relates to the removal of weeds and rank vegetation, are adopted in the following:

(1)

The owners of real property located within the City of Lake Station shall be required to cut and remove grass, weeds and rank vegetation (vegetation) growing on the property that exceeds the height of nine (9) inches.

(2)

The City of Lake Station Code Enforcement Officer (code enforcement) shall be responsible for the administration and enforcement of the ordinance.

(3)

Weeds and rank vegetation are defined as any grass, weeds or other rank or useless vegetation that exceeds nine (9) inches, as measured from the ground or any vegetation that harbors insects or disease that constitutes a hazard to life, health or property. Weeds and rank vegetation does not include wetlands, woods, nature preserves, undeveloped areas, storm water best management practice areas, or agricultural crops such as hay and pasture.

(4)

In the event that a property owner violates this section, a five-day written notice to remove the vegetation shall issued by code enforcement and served by a law enforcement officer upon the owner of the property if a resident, or by first class mail or certified mail at the address of the owner of the real property as indicated in the record of the Lake County Auditor on the date of notice.

(5)

That the notice must be given to at least one of the owners of real property if multiple owners.

(6)

That if the owner fails to abate the vegetation within the five-day period, the city may remove the vegetation. Code enforcement shall certify the actual cost incurred by the city in removing the vegetation in a statement delivered to the owner(s) of the real property by first class mail, certified mail or equivalent service permitted under I.C. 1-1-7-1, and the amount shall be duly stated.

(7)

If an initial notice of the violation of this section was provided by first class mail, certified mail or equivalent service under paragraph (6), a continuous abatement notice may be posted at the property at the time of abatement instead of by certified mail, first class mail, or equivalent service as required under paragraph (6). A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the city.

(8)

If the owner(s) of the real property fails to pay a bill issued under paragraph (6) within the time specified, code enforcement shall certify to the county auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The auditor shall place total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the city.

(9)

If the owner(s) of the real property fails to pay a bill issued under paragraph (6) within the time specified, the city may bring an action in an appropriate court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney fees. If the city obtains a judgment under this paragraph, the city may obtain a lien in the amount of the judgment on any real or personal property of the owner(s).

( Ord. No. 2016-07 , 4-14-2016)

It shall be unlawful to sell fireworks from or out of any of the following places: roadside stands, homes or yards, any type of vehicle, vacant store fronts rented/used for the specific purpose of the sale of fireworks, service stations or service station garages, and any other type of building or space owned, used, or rented for the sole and specific purpose of the sale of fireworks.

(a)

Any person convicted of violating any of the provisions of this section shall be fined in the sum of three hundred dollars ($300.00) for each violation thereof and subject to the provisions of section 1-9 of this Code.

(b)

Each separate act of attempted or accomplished sale of fireworks shall constitute a separate offense.

State Law reference— State law violation a Class A misdemeanor, I.C. 22-11-14-6.

On June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9, fireworks are permitted to be ignited from 5:00 p.m. until two (2) hours after sunset.

On the Fourth of July, fireworks are permitted to be ignited from 10:00 a.m. until midnight.

On December 31, fireworks are permitted to be ignited from 10:00 a.m. until 1:00 a.m. on January 1.

It shall be prohibited on all other days and times to ignite fireworks within the corporate limits of lake station without the written consent of the police chief, who will notify the fire chief.

There shall be a minimum fine of one hundred dollars ($100.00) with repeat offenders charged a minimum of one hundred dollars ($100.00) and not to exceed twenty-five hundred dollars ($2,500.00).

Parents shall be liable for any violation of minor children.

(Ord. No. 2007-07, 6-7-2007)

(a)

All fireworks stored shall be done in accord with state and federal law.

(b)

All stands shall be inspected by the building inspector before opening for business.

(c)

All fireworks shall be legal for sale.

(d)

Fireworks stands shall be manned twenty-four (24) hours per day if fireworks are stored on location.

(e)

Fireworks stands shall be opened for inspection while open.

(f)

Permit fees because of this amount of inspection shall be two thousand five hundred dollars ($2,500.00).

(g)

A certificate of insurance for five hundred thousand ($500,000.00) shall be posted with the City of Lake Station.

(h)

All state and federal permits that are necessary shall be copied and posted with the City of Lake Station.

(i)

Any violation of these rules shall be grounds for revocation of said permit and any permitting fee shall be forfeited.

( Ord. No. 2017-13 , 6-22-2017)

As used in this division:

Civil defense means the preparation for and the coordination of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and coordination of the foregoing functions.

Curfew means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city during the hours in which a curfew has been imposed, excepting persons officially designated to duty with reference to said civil emergency.

Disaster means occurrence of imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill, other water contamination requiring emergency action to avert danger or damage, air contamination, drought, explosion, transportable accident, riot, or hostile military or paramilitary action.

Energy means coal, petroleum or other liquid fuels, natural or synfuel gas or electricity.

Energy emergency means an existing or projected shortfall of at least eight (8) percent of motor fuel or of other energy sources which threatens to seriously disrupt or diminish energy supplies to the extent that life, health, or property may be jeopardized.

(a)

A local disaster emergency may be declared only by the mayor of the city. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the common council. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk-treasurer.

(b)

The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under them.

(c)

No interjurisdictional agency or official may declare a local disaster emergency, unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services according to the agreement.

State Law reference— Local disaster emergencies, I.C. 10-4-1-23.

After proclamation of a local disaster emergency, the mayor may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as deemed advisable and application during such hours of the day or night as deemed necessary in the interest of the public safety and welfare.

(Ord. No. 69-27, 1-15-70)

After proclamation of a local disaster emergency, the mayor may also in the interest of public safety and welfare make any or all of the following orders:

(1)

Order the closing of all retail liquor stores.

(2)

Order the closing of all taverns and tavern-restaurants.

(3)

Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted.

(4)

Order the discontinuance of the sale of beer and/or other alcoholic beverages.

(5)

Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any containers other than a gasoline tank properly affixed to a motor vehicle.

(6)

Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.

(7)

Order the discontinuance of selling, distributing, dispensing or giving away of firearms and/or ammunition.

(8)

Issue such other orders as are imminently necessary for the protection of life and property, and which are consistent with the Civil Defense and Disaster Law of 1975, as it may be amended from time to time.

During the period of a declared local disaster emergency, the mayor shall have the power to invoke any or all of the following provisions:

(1)

Alcoholic beverages. No person shall consume any alcoholic beverages in a public street or place, or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.

(2)

Weapons. No person shall carry or possess any rock, bottle, club, brick or weapon.

(3)

Incendiary missiles. No person shall make, carry, possess or use any type of "Molotov cocktail," gasoline or petroleum base fire bomb or other incendiary missile.

(4)

Restricted areas. No person shall enter any area designated by the mayor as a restricted area unless in the performance of official duties or with written permission from the mayor or duly designated representative or such person shall prove residence therein.

(Ord. No. 69-27, 1-15-70)

Any person violating any provisions of this division or any order made by the mayor of the city in accordance with the terms of this division shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than three hundred dollars ($300.00). Each day a violation of this division is committed or permitted to continue shall constitute a separate offense.

Regulations addressing junk and abandoned vehicles are set forth in detail in chapter 8 of this Code.

As used in this division, unless the context clearly indicates otherwise:

Dump shall mean any land or area used for the throwing, storage, dumping and/or disposing.

Recyclable materials shall mean the materials designated by the board of public works and safety under promulgations and regulations established by it from time to time, a list of which designated materials shall be kept on file with the clerk-treasurer and shall be open to public inspection during regular business hours.

Rubbish shall mean all nonputrescible solid waste, excluding ashes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubber, leather, crockery and other waste materials that ordinarily accumulate around a home, business or industry. It shall not include garbage, ashes, bulk refuse, dead animals, hazardous refuse, industrial waste or building waste resulting from the operations of a contractor.

Solid waste shall mean all putrescible and nonputrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.

State Law reference— Solid waste defined, I.C. 36-9-30-2.

(a)

Dumps are declared to be a public nuisance inimical to human health, and as such are not suitable means of solid waste and for rubbish disposal.

(b)

Nothing in this section shall be construed as prohibiting any person, firm, partnership, or corporation from the placing or storing, on their own premises, of solid waste produced by them on their premises, when such storage is of a temporary nature, incidental to its removal and disposal, and which does not constitute a public nuisance or health hazard.

Any dump or landfill or the transportation of solid waste, rubbish, or refuse in violation of any provision(s) or section(s) of this division is declared to be a public nuisance and as such, may be abated in such manner as nuisances are now or may hereafter be abated under existing laws including, but not limited to, temporary and permanent injunctive relief. The city or any designated enforcement officer thereof may institute a suit for injunctive relief to restrain any person, firm, partnership, or corporation from violating any provision of this division.

The limitations and remedies of this division are cumulative and are in addition to all other limitations and remedies prescribed by law, statute or this Code.

(Ord. No. 50-305, § 11-16-50)

(a)

The collection and disposal of solid waste, rubbish, or refuse within the corporate limits of the city shall be administered, operated, conducted, and/or maintained by and through the board of public works and safety under the terms and provisions of this division.

(b)

The city shall have the right, exercisable by the board of public works and safety to contract with one (1) or more persons, firms, partnerships, or corporations, exclusively or concurrently, with the activities of the city to collect and/or dispose of solid waste, rubbish, and/or refuse.

State Law reference— Authority of board of public works to remove solid waste, refuse and rubbish from city, I.C. 36-9-6-19.

(a)

No person, firm, partnership, or corporation shall collect any sanitary waste, rubbish, or putrescible solid and semisolid wastes over the public streets, highways, or alleys of the city except in "packer" type vehicles which are in proper working order.

(b)

However, large items of rubbish or discarded appliances, furniture, or similar materials not suitable for collection in packer type vehicles may be collected in a manner authorized by the board of public works and safety which shall be consistent with the purposes of this division.

(a)

Public places. No person shall place any refuse in any street, alley, or other public place, or upon any private property, whether owned by such person or not, within the city except in proper containers for collection or under express approval granted by the board of public works and safety. No persons shall throw or deposit waste or rubbish in any stream or other body of water. All garbage, trash and refuse must be stored in either a roll away or dumpster container placed at the rear of the residence or building, or in the alley way where the collection shall take place.

(b)

All roll away or dumpster containers required at multi-unit dwellings, as defined in section 6-94(b)(2), must be placed in an enclosure constructed to architecturally conform with the residence or building. Containers may be placed in front of the residence or building for collection on the scheduled day of collection only.

(Ord. No. 2005-18, 7-21-2005)

(a)

Collection containers shall be defined as containers made of metal or durable plastic material with tight-fitting lids or covers and with handles sufficiently strong for workmen to conveniently empty and of not less than twenty (20) gallon capacity nor more than thirty (30) gallons capacity.

(b)

Collection containers shall be placed at ground level on the property, and not on the paved portion of the right-of-way of a street or alley, and be accessible to and not be more than ten (10) feet from the side of the street or alley from which collection is made.

(a)

Frequency of collection.

(1)

Residential. Solid waste and/or rubbish accumulated by residences shall be collected once each week, except on designated holidays.

(2)

Apartments/multiple dwelling units. Solid waste and or rubbish accumulated by the residences shall be collected once each week, except on designated holidays.

(3)

Commercial. The city shall not collect solid waste and/or rubbish from commercial enterprises or institutions.

(b)

Limitation on quantity.

(1)

Residential. The city shall collect a reasonable accumulation of solid waste and/or rubbish from each residence for a collection period. The superintendent of the sanitation department shall have the authority to refuse to collect unreasonable amounts and shall advise the board of public works and safety accordingly.

(2)

Apartment/multi-unit dwellings. The city shall not provide collection of garbage, trash and refuse for any multi-unit dwellings in the city. Multi-unit dwelling is defined as any building with more than two (2) residences. The owner of a multi-unit dwelling must provide for collection through a private or commercial waste hauler. Garbage, trash, refuse must be stored in either a roll away or dumpster container, placed at the rear of the building, or in the alley way where the collection shall take place, subject to section 6-92. All roll away or dumpster containers must be placed in an enclosure constructed to architecturally conform with the multi-unit dwelling.

(c)

Hazardous wastes.

(1)

Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the superintendent of the sanitation department at the expense of the owner or possessor thereof.

(2)

All toxic, poisonous, or highly chemical materials shall be disposed of as directed by the superintendent of the sanitation department at the expense of the owner or possessor thereof, and in compliance with applicable state and federal laws.

(d)

Collection of recyclable materials. From the time of the placement at the curb of recyclable materials, including but not limited to bottles or cans, newspapers, cardboard, magazines, and miscellaneous paper, for collection in accordance with the regulations established under authority granted herein such recyclable materials shall be the property of the city and no person other than one authorized by the city shall collect or pick up or cause to be collected or picked up any such recyclable materials, including but not limited to any such bottles or cans, newspapers, cardboards, magazines and miscellaneous paper.

(Ord. No. 2005-18, 7-21-2005)

Note— See the editor's footnote to § 6-90.

The superintendent of the sanitation department or his designee is authorized and directed to establish and promulgate reasonable regulations subject to the approval of the board of public works and safety, as to the manner, date and times for the collection of recyclable materials, such regulations shall be filed with the clerk-treasurer.

Note— See the editor's footnote to § 6-90.

(1)

There shall be and there is hereby established a twelve dollar and fifty cent ($12.50) fee charged per household per month for trash collection pick-up. The twelve dollar and fifty cent ($12.50) fee shall cover standard collection as established by the board of works. Collection for each additional ninety-five (95) gallon canister shall be set at four dollars ($4.00) per month per canister per household.

(2)

Notwithstanding, subsection (1), a nine dollar and fifty cent ($9.50) fee per household per month is established for households that have limited income, or are on a fixed income, and can demonstrate undue hardship. The board of works may grant waivers allowing the nine dollar and fifty cent ($9.50) fee. Households may apply for the nine dollar and fifty cent ($9.50) fee by obtaining an application from the clerk-treasurer's office. The application will be reviewed by the board of works at its first scheduled meeting after the application is filed with the clerk-treasurer. The fee for an additional ninety-five (95) gallon canister shall remain at an additional four dollars ($4.00) per month per household.

(3)

Notwithstanding paragraph one (1), a six dollars and fifty cent ($6.50) fee per household per month for two (2) forty-five (45) gallon cans (one garbage and one recycle) is established for city households of senior citizens who are on a limited, fixed income and can demonstrate undue hardship. The procedure for applying for this lower rate shall be the same as that stated in paragraph two (2) above.

(4)

Notwithstanding paragraph one (1), a twenty-two dollar and fifty cent ($22.50) fee per household per month for households outside the city limits. This fee shall entitle the household to one (1) ninety-five (95) gallon canister for trash and one (1) sixty-four (64) gallon canister for recyclables. A household may have additional canisters for the additional monthly fee of six dollars ($6.00) per canister.

(5)

A twenty-two dollars and fifty cent ($22.50) fee per city business entity per location per month for one (1) ninety-five (95) gallon canister for trash and one (1) sixty-four (64) gallon canister for recyclables. An additional fee of six dollars ($6.00) per month for each additional canister.

(6)

The fees stated above shall become effective upon adoption by the council and approval by the mayor.

(Ord. No. 2008-14, 6-19-2008; Ord. No. 2010-15, 10-21-2010)

Cross reference— Miscellaneous fee schedule, § 4-12.

(a)

All collection containers, as defined in section 6-93 of this Code, shall be placed within the lot lines.

(b)

All collection containers shall be kept clean and in a sanitary condition.

(c)

All such containers must have lids which fit tightly, and all such containers must be kept closed at all times.

Note— See the editor's footnote to § 6-90.

All owners or occupants shall have a sufficient number of collection containers to accommodate an accumulation of solid waste or rubbish for a period of two (2) weeks.

Note— See the editor's footnote to § 6-90.

(a)

The following definitions shall apply throughout this section:

Dumpster shall mean a receptacle used to contain solid waste and designed for mechanical or automated pick-up by front loading, rear loading and roll-off vehicles (including roll-off boxes), irrespective of size or capacity;

Screen means an enclosure constructed of suitable metal, wood, masonry or other permanent building material fitted with doors or gates and used to house one (1) or more dumpsters.

(b)

It shall be unlawful for any occupant of any building, structure, development, business property or institution served by one (1) or more dumpsters to allow solid waste to spill from, blow out of or fall out of a dumpster without providing a screen enclosing the dumpster or dumpsters under subsection (c) of this section;

(c)

No dumpster shall be located within the plain view of the front and street side of any building, business, institution or multi-unit development within the city unless such placement is unavoidably required in order to provide access to the dumpster for collection purposes. In such case, the owner of the real estate served by the dumpster shall provide a screen for enclosure of all such dumpsters in the manner required by subsection (d) of this section;

(d)

Persons desiring to erect a screen shall first petition the building commission of the city for a location approval permit for the construction, design and location thereof in writing, and shall not erect such screen without first having obtained said permit from the commission. The commission shall grant said permits whenever it is evident from such petitions that the screen will be constructed of durable and attractive materials, will be so configured as to prevent the scattering of solid waste from the dumpster(s) within, and will be located at a place accessible for collection.

(e)

A person allowing solid waste to spill, blow from or fall out of a dumpster unenclosed by a screen or who places a dumpster at a location forbidden by this section, or who fails to obtain a location approval permit before erecting a screen in violation of this section 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. 2000-11, § 1, 3-16-99; Ord. No. 2001-11, § 1, 3-17-2001)

(a)

Materials accepted.

(1)

Materials accepted by the Lake Station Compost Facility shall include only the following:

a.

Leaves;

b.

Grass;

c.

Logs and branches.

(2)

The city will not accept the following materials at the compost facility:

a.

Tree stumps;

b.

Cut/dimensional wood products (two (2) feet × four (4) feet, etc.);

c.

Railroad ties;

d.

Plastic products (bags, bottles, etc.), polyester products and metal products.

(3)

The city reserves the right to refuse to process material if contamination, or non-acceptable products are found in a load. If a load is rejected after inspection, the fee shall not be returned to the customer.

(b)

Fee schedule.

(1)

Compost charges and rates "for pick-up":

a.

For residents the fee for compost that is picked up is ten dollars ($10.00) per cubic yard. Proof of residency will be required when picking up. The compost provided to residents must be used within city limits.

b.

For non-residents or any compost picked up that will not be used within city limits, the fee is thirteen dollars and fifty cents ($13.50) per cubic yard.

c.

For businesses located within Lake Station City Limits, the fee is eleven dollars ($11.00) per cubic yard.

d.

For businesses not located within Lake Station City Limits, the fee is fourteen dollars and fifty cents ($14.50) per cubic yard.

(2)

Additional charges for delivery within city limits:

a.

Five-dollar ($5.00) delivery fee for a small truck (holds up to three (3) cubic yards).

b.

Ten-dollar ($10.00) delivery fee for a large truck (holds up to six (6) cubic yards).

(3)

Additional charges for delivery outside city limits but within a one (1) mile radius:

a.

Ten-dollar ($10.00) delivery fee for a small truck (holds up to three (3) cubic yards).

b.

Twenty-dollar ($20.00) delivery fee for a large truck (holds up to six (6) cubic yards).

*** For businesses or organizations desiring to purchase sixty (60) cubic yards or more, the fees contained in this section do not apply. Fees for purchase of sixty (60) cubic yards or more will be determined through a negotiated contract approved by all parties. Specifically, the agreement must be approved by a signed written contract by the Lake Station Board of Public Works and Safety as the seller and an authorized agent of the purchaser.

*** The city reserves the right to refuse to provide or limit the amount of compost given or sold to any resident, nonresident and business at its discretion based on availability or any other legitimate good faith reason.

*** Compost delivered by the city is subject to having available manpower.

(Ord. No. 2009-19, §§ I, II, 9-17-2009; Ord. No. 2019-11 , 4-25-2019; Ord. No. 2020-10 , 8-13-2020)

Editor's note— Ord. No. 2009-19, §§ I, II, adopted Sept. 17, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 6-100.

Open burning shall be governed by the rules and regulations of the offices of the Indiana State Board of Health, the state fire marshal, and air pollution control board.

State Law reference— City may regulate any substance or odor released into the air, I.C. 36-8-2-8.

It shall be unlawful to burn leaves upon the paved portion of any street or alley.

All open burning fires must be attended by an adult person at all times.

Any person convicted of violating any provisions of this division shall be fined not less than twenty-five dollars ($25.00) and subject to the provisions of section 1-9 of this Code.

(1)

Open burning is defined as the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.

(2)

No person shall start, kindle, cause, allow, or maintain any form of open burning of any materials on private or public property, except as specifically authorized by this section. No person shall allow the accumulation or existence of combustible material that constitutes or contributes to open burning.

(3)

Exemptions. The following types of burning are allowed:

a.

The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill, traditional food cooking devices, or campfires.

b.

Fires used for recreational or ceremonial purposes such as school pep rally fires or the celebration of scout activities. Recreational or ceremonial shall meet the following conditions:

1.

Only clean untreated wood or charcoal shall be used. Paper or petroleum products can be used for ignition purposes only.

2.

The fire shall not be ignited more than two (2) hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity.

3.

The pile to be burned shall be less than one thousand (1,000) cubic feet (for example: ten (10) ft. × ten (10) ft. × ten (10) ft.).

4.

The local fire department shall be notified twenty-four (24) hours in advance if the pile to be burned is more than one hundred and twenty-five (125) cubit feet (for example: five (5) ft. × five (5) ft. × five (5) ft.).

5.

The fire shall not be for disposal purposes.

6.

The fire shall not be within five hundred (500) feet of a pipeline or fuel storage area.

(4)

Variances. Other types of fires may be approved as follows:

Any other type of fire whereby a citizen of Lake Station has obtained a variance from the provisions of this section by petitioning the common council may be allowed. However, the common council cannot grant a variance for burning that would otherwise violate the provisions of 326 Indiana Administrative Code 4-1 et seq. as amended and I.C. 13-17-9.

The following types of fires may be allowed if approved by the Indiana Department of Environmental Management:

a.

Fire fighter training.

b.

Fire extinguisher training.

c.

Vegetation propagation.

d.

Use of an air curtain destructor.

(5)

The following conditions to apply to all exemptions and variances:

a.

Burning shall be done during safe weather conditions. Burning shall not occur during high winds, temperature inversions, air stagnation, or when a pollution alert or ozone action day has been declared.

b.

Fires must be attended at all times until completely extinguished.

c.

Fires must be extinguished if they create a fire hazard, nuisance, pollution problem, or threat to public health.

d.

Fire fighting equipment adequate for the size of the fire shall be onsite and nearby during times of burning.

e.

Burning shall not be for disposal purposes.

f.

All burning shall comply with other federal, state, and local laws, rules, and ordinances.

(6)

Enforcement. Any person found in violation of this section shall be subject to the following procedures.

a.

The city police department or city code enforcement shall issue a warning notice to a first-time violator stating that he or she is in violation. The person must then correct the violation by immediately extinguishing the fire. Failure or refusal to immediately extinguish the fire shall result in a citation being issued. A person is only entitled to one (1) warning notice. Thereafter a person found in violation of this section shall be issued a citation.

b.

Issuance of a citation to the violator shall result in the imposition of a twenty-five dollar ($25.00) fine for the first offense and a fifty dollar ($50.00) fine for each subsequent violation within twelve (12) months.

c.

Failure or refusal by the violator to immediately extinguish the fire in violation of this section shall also result in the fire department having the authority to go upon private property to extinguish said fire.

d.

Each subsequent starting, kindling, causing, or allowing of a new fire after a warning notice or citation has been issued, shall be considered a separate offense.

e.

Liability for fire. Any person who allows the accumulation or existence of combustible material which constitutes or contributes to open burning may not refute liability for violation of this section on the basis that said fire was set by vandals, an accident, or an act of God.

(7)

The open burning provisions are enforceable by the duly appointed code enforcement officer or law enforcement officers within the city, acting on his/her own initiative or at the request of the mayor or council president.

(8)

This section shall be in full force and effect from and after its passage by the common council, approval by the mayor and legal publication.

(Ord. No. 2005-17, 5-5-2005)

(a)

No person shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container of any kind which has an airtight door or lock, which cannot be released and opened from the inside of such icebox, refrigerator or container.

(b)

No person shall leave outside of any building or dwelling, in a place accessible to children, unattended or discarded, any icebox, refrigerator or other container of any kind which has an airtight snap lock or other closing device thereon, without first removing such snap lock, other closing device or doors from such icebox, refrigerator or container.

(c)

Whoever violates any of the provisions of this section upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00), and subject to the provisions set forth in section 1-9 of this Code. Each day that a violation is committed or permitted to continue shall constitute a separate offense.

Pursuant to I.C. 8-3-20-1 et seq., no railroad corporation or the agent, servant, officer or employee of such corporation shall permit or cause any locomotive, engine, car or train of cars to pass at grade over and upon any street, alley, highway, or other public place within the city at a greater rate of speed than thirty-five (35) miles per hour.

(a)

Pursuant to I.C. 8-6-7.5-1, it shall be unlawful for a railroad corporation to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing or a railroad-street grade crossing for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reason of circumstances over which the railroad corporation has no control.

(b)

Pursuant to I.C. 8-6-7.5-2, it shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad-highway grade crossing or a railroad-street grade crossing until all vehicular traffic previously delayed by such train movements has been cleared or a period of five (5) minutes has elapsed between train movements.

(a)

It shall be unlawful for any person to fire, discharge, or release, or cause to be fired or discharged or released within the city limits, or into or inside any public place or property, any weapon, firearm, rifle, shotgun, pistol or air gun, spring gun, gas gun, bow, or any other similar device which is intended to or used to propel a bullet, pellet, arrow, or any other similar projectile. Nothing in this section shall prevent the use of such devices in any place authorized and regulated by the police department of the city provided a permit has been issued by the chief of police; nor shall the use of any such device in defense of person or property as permitted by the law of the state be abridged hereby.

(b)

It shall be unlawful for the parent, guardian, or other person having the care, custody and control of a person under the age of eighteen (18) years to knowingly permit that person to fire, discharge or release, or cause to be released within the city limits, any weapon, firearm, rifle, shotgun, pistol, air gun, spring gun, gas gun, bow, or any other similar device which is intended or used to propel a bullet, pellet, arrow, or similar projectile. Nothing in this section shall prevent the use of such devices in any place authorized and regulated by the police department of the city provided a permit has been issued by the chief of police; nor shall the use of any such device in defense of person or property as permitted by the law of the state be abridged hereby.

(c)

Any weapon used in the violation of any provision of this section may be confiscated by the police and shall be returned or disposed of by the city pursuant to state law governing the disposal of such property.

(a)

The responsibility for care, maintenance, and repairs of sidewalks located within the city is hereby deemed that of landowners abutting any sidewalk.

(b)

Landowners whose land abuts any sidewalk shall keep the sidewalk in reasonably safe condition, and shall maintain and repair the sidewalk at their own expense as and when needed.

(c)

Any sidewalk which is unsafe or not in good repair is declared a public nuisance and subject to the requirements of the public nuisance provisions of this chapter.

(a)

All houses and buildings shall display the correct street address numbers which are clearly visible from the street in front of such house or building with numerals being not less that three (3) inches in height.

(b)

Failure to display such street numbers pursuant to this section shall be considered a violation subject to the penalties of section 1-9 of this Code.

(a)

Property owners are responsible for the maintenance of trees and the removal of trees or parts thereof upon said owner's property at their own expense, and when needed.

(b)

Any tree or parts thereof which become or are unsafe are declared a public nuisance and subject to the requirements of the public nuisance provisions of this chapter.

(a)

There shall be a complete vision clearance for a distance of not less than ten (10) feet above the ground on all corner lots, and not less than ten (10) feet back from the property corner on each side.

(b)

There shall be a complete vision clearance for a distance of not less than ten (10) feet from any point of entry or exit onto any road.

(c)

Failure to comply with this section shall constitute a public nuisance.

(d)

A violation of this section shall result in a fine of not less than one hundred dollars ($100.00). Each day on which the violation continues shall constitute a separate offense.

( Ord. No. 2019-14 , 5-9-2019)

The Lake Station Water Department shall provide the means for, and to proceed with, the addition of sufficient quantities of fluoride compound to the public water supply to bring the total amount of fluoride ions (F) present in the finished water to the optimum concentration recommended by the state board of health but not exceeding one and five-tenths (1.5) parts per million of weight.

The City of Lake Station shall comply with all applicable federal and state laws with regard to water pollution within its area of legal jurisdiction in order to achieve designation as the management agency for control of water pollution sources.

Note— Federal Water Pollution Control Act as amended by the Clean Water Act of 1977 found at 33 U.S.C.A. 1251 et seq.

[For the purposes of this division, the following words and terms shall have the meaning ascribed thereto:]

Loitering means remaining idle in essentially one (1) location and shall include the concepts of spending time idly loafing or walking about aimlessly and shall also include the colloquial expression "hanging around" all whether alone or with others.

Public place means and includes all streets, highway, boulevards, avenues, alleys, sidewalks or other places of public resort, ways and any and all public parks, squares, spaces, plazas, grounds and buildings.

(Ord. No. 94-12, § 1, 6-2-94)

(a)

It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:

(1)

Between 12:00 a.m. and 5:00 a.m. on Saturday or Sunday;

(2)

After 10:00 p.m. Sunday through Thursday; or

(3)

Before 5:00 a.m. Monday through Friday.

(b)

It is a curfew violation for a child under fifteen (15) years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.

(c)

This section does not apply to a child who is:

(1)

Accompanied by his parent, guardian, or custodian;

(2)

Accompanied by an adult specified by his parent, guardian, or custodian; or

(3)

Participating in, going to, or returning from:

a.

Lawful employment;

b.

A school sanctioned activity; or

c.

A religious event.

(Ord. No. 94-12, § 2, 6-2-94)

It is unlawful for the parent, guardian or other adult person having care and custody of a minor under the age of eighteen (18) years to knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places during curfew times as established herein.

(Ord. No. 94-12, § 3, 6-2-94)

It is unlawful for any person to be found begging within the city.

(Ord. No. 94-12, § 4, 6-2-94)

It is unlawful for any person to utter an obscenity or word or words calculated to provoke disorder, including "fighting words," in any public place.

(Ord. No. 94-12, § 5, 6-2-94)

No person shall loiter in a public place in such manner as to:

(1)

Create or cause to be created a danger of a breach of the peace;

(2)

Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;

(3)

Obstruct or interfere with the free passage of pedestrians or vehicles;

(4)

Obstruct, molest or interfere with any person lawfully in any public place or place of public resort;

(e)

Obstruct or interfere with any public place.

(Ord. No. 94-12, § 6, 6-2-94)

Whenever any law enforcement officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing, or is likely to cause any of the conditions enumerated by section 6-138, the law enforcement officer may, if the law enforcement officer deems it necessary for the preservation of the public place and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a law enforcement officer shall be guilty of a violation of this section.

(Ord. No. 94-12, § 7, 6-2-94)

Any person who violates this division or causes another person to violate this division shall be fined a minimum of fifty dollars ($50.00), not to exceed two thousand five hundred dollars ($2,500.00), or in lieu of fine the judge may impose community service.

(Ord. No. 94-12, § 8, 6-2-94)

Nothing in this division prohibits the law enforcement officer from charging any person with any other violation of any ordinance or state statute.

(Ord. No. 94-12, § 9, 6-2-94)