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INDEX

New Carlisle - Index2

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INDEX

ABANDONED VEHICLES (SEE PUBLIC NUISANCES)

ADMINISTRATIONCapitalization policy, 30.05Community ambulance service, 30.04Disaster Recovery Plan and Logical Security Procedures

Disaster Recovery Plan, 30.60Logical security, 30.61

Fees for copies, 30.02Policy statement on the Americans with Disabilities Act, 30.03Public announcement system, 30.06Records Retention Schedule

Records, 30.35Town membership and interlocal cooperation, 30.01User fee for vehicle inspections, 30.07

ALARM SYSTEMSDefinitions, 96.01Exceptions, 96.03False alarms prohibited, 96.02Penalty, 96.99

ANIMAL LICENSES (See ANIMALS)

ANIMALSAcreage requirements for certain domestic animals; prohibition of swine, 94.09Animal bites, 94.11Animals in motor vehicles, 94.05Breaking into animal shelter prohibited, 94.16Confinement by other than town officials; notice required, 94.15Dangerous and poisonous animals prohibited, 94.17Definitions, 94.01Exclusion of service dogs prohibited, 94.14General animal care requirements, 94.02Impoundment procedures, 94.18Interference with Animal Control Officer prohibited, 94.13

New Carlisle - Index4

ANIMALS (Cont’d)Keeping certain animals prohibited, 94.20Maximum number of dogs or cats, 94.08Motor vehicle accidents involving animals, 94.04Owners or agents responsible for removing animal wastes and dead animals, 94.10Penalty, 94.99Poisoning of animals, 94.06Protected animals, 94.19Registration; Licensing

Computation of time, 94.39Dangerous animal/attack dog permit, 94.33Fees, 94.36Inspection, 94.38Issuance of permits (additional requirements), 94.35Performing animal license, 94.30Permit exemptions, 94.34Pet registration, 94.31Pet shop permit, 94.32Registration/permit revocation, 94.37

Sale of animals as novelties or use as prize prohibited; exceptions, 94.03Seizure of certain animals, 94.21Serious injury or death, 94.22Trapping of animals restricted, 94.07Vaccination of dogs and cats required, 94.12

AREA PLAN COMMISSION, 152.366 (See also ZONING)

BACKGROUND CHECKS (See BUSINESS REGULATIONS)

BICYCLES (See RECREATIONAL VEHICLES)

BOARD OF PARKS AND RECREATION (See PARKS AND RECREATION)

BOARD OF ZONING APPEALS, 152.367 (See also ZONING)

BUILDING CODESBuilding Code

Adoption of rules by reference, 150.005Alteration of plans, approval of Commissioner, 150.026Application for permits, 150.006Authority of Building Commissioner, 150.003Building Commissioner, qualifications and duties, 150.022Certificate of occupancy, 150.015

Index 5

BUILDING CODES (Cont’d)Building Code (Cont’d)

Correction of errors or mistakes, 150.025Definition of terms used in Building Code, 150.028Effective date, 150.020Entry, 150.013Fees, 150.009Inspection assistance, 150.012Inspections, 150.011Other ordinances, 150.008Permit required, 150.007Personnel of Building Department, 150.021Plot plan, 150.024Public display of notice, 150.023Purpose, 150.002Remedies, 150.019Review of application, 150.010Right of appeal, 150.018Scope, 150.004Sidewalks required before permit issued, 150.027Stop order, 150.014Title, 150.001Violations, 150.017Workmanship, 150.016

Dwellings and Garages Not Governed by the “Building Rules and Regulations of the Fire Prevention and Building Safety Commission of Indiana;” Minimum Building Code Rules and Regulations

Chimneys, 150.042Floor and roof framing around chimneys, 150.043Floor joist and bracing, 150.050Footings, 150.040Framing into masonry walls, 150.045Headers for usual loading construction, 150.047Lot coverage, building area, foundations, 150.041Minimum sizes of wood framing, studding, corner construction, 150.046Plates and floor and ceiling joists, 150.048Private garages, 150.052Rafters, 150.049Rooms, scuttle, and fire stopping, 150.051Wood posts used for girder supports, 150.044

Penalty, 150.999Sanitary Standards for Dwellings; Minimum Building Code Requirements

Heating, 150.066Plumbing, 150.065

New Carlisle - Index6

BUILDING CODES (Cont’d)Unsafe Building Law

Adoption of Unsafe Building Law, 150.080Civil action by town, 150.097Code Enforcement Office; issuance of orders, 150.082Contents of orders, 150.083Definitions, 150.081Emergency action, 150.091Funds and financial administration, 150.095Hearings; notice; procedure, 150.088Inspection warrants, 150.096Judicial review, 150.089Modification of orders, 150.085Performance by contractor; public bids; procedure; notice, 150.093Performance by contractors; liability of owners; lien; enforcement, 150.094Receivers, 150.092Recording orders, statements and records; effect, 150.090Rescission of orders, 150.086Service of orders, 150.084Service of orders and statements, 150.087

ViolationsNon-assumption of liability, 150.111Violations; declaration of nuisance, 150.110

BUILDING COMMISSIONER (See BUILDING CODES)

BUILDING DEPARTMENT (See BUILDING CODES)

BUSINESS LICENSES (See BUSINESS REGULATIONS)

BUILDINGS, NONCONFORMING (See ZONING)

BURNING OF YARD WASTE PROHIBITED, 93.51

BUSINESS REGULATIONSApplication and fee, 110.02Approval of Town Council, 110.03Authority to license, 110.01Chart on license/permit fees, 110.05Eating, Drinking Establishment Regulations and Licensing Provisions

Approval of plans, 110.29Definitions, 110.20Disease control, 110.26

Index 7

BUSINESS REGULATIONS (Cont’d)Eating, Drinking Establishment Regulations and Licensing Provisions (Cont’d)

Inspection of itinerant restaurants, 110.28Inspection of restaurants, 110.27License and fee exceptions, 110.23License and license fee, 110.22Minimum sanitation requirements for restaurants, 110.24Permits, 110.21Sale, examination, and condemnation of unwholesome, adulterated, or misbranded food, 110.25

Franchise AgreementsCable television, 110.55

Issuance; revocation or suspension, 110.04Itinerant Merchants and Peddlers

Definitions, 110.40Permit application procedure, 110.42Permit requirements, 110.41Permit revocations, 110.44Use of streets by transient merchants and solicitors, 110.43

Penalty, 110.99User fees for fingerprinting cards and criminal history background checks, 110.06

CARNIVALS (See STREETS, SIDEWALKS, AND TREES)

CASH RESERVE FUND, 37.01

CATS (See ANIMALS)

CB - COMMUNITY BUSINESS DISTRICT, 152.117 (See also ZONING)

CEMETERIES (See PARKS AND RECREATION; CEMETERIES)

CEMETERY BOARD (See PARKS AND RECREATION; CEMETERIES)

CEMETERY SUPERINTENDENT (See PARKS AND RECREATION; CEMETERIES)

CIRCUSES (See STREETS, SIDEWALKS, AND TREES)

CIVIL ORDINANCE VIOLATION ENFORCEMENT VOLUNTEER, 33.01

CLERK-TREASURERDeputies and employees, 32.03Fiscal Officer to make claim payments, 32.04

New Carlisle - Index8

CLERK-TREASURER (Cont’d)Official files, 32.05Powers and duties, 32.02Term of office, 32.01

CODE CONSTRUCTION; GENERAL PENALTYApplication to future ordinances, 10.03Construction of code, 10.04Effective date of ordinances, 10.17Errors and omissions, 10.09General penalty, 10.99Interpretation, 10.02Limitation periods, 10.12Ordinances unaffected, 10.13Ordinances which amend or supplement code, 10.14Penalty, general, 10.99Preservation of penalties, offenses, rights, and liabilities, 10.16Reasonable time, 10.10Reference to offices; name designations, 10.08Reference to other sections, 10.07Repeal or modification of code section, 10.11Rules of interpretation; definitions, 10.05Section histories; statutory references, 10.15Severability, 10.06Title of code, 10.01Two copies of code to be maintained by Clerk-Treasurer, 10.18

COMMERCIAL/TOWN CENTER DISTRICTS (See ZONING)

COMMUNITY AMBULANCE GIFT FUND, 37.02

COMMUNITY SERVICES FUND, 37.08

CONTROLLED USES (See ZONING)

COUNTY ECONOMIC DEVELOPMENT INCOME TAX (CEDIT) FUND, 37.21

COUNTY OPTION INCOME TAX (COIT) FUND, 37.20

CRIMINAL JUSTICE PLANNING AGENCY FUND, 37.03

CROSS-CONNECTION CONTROL PROGRAM, 52.28 (See also WATER)

Index 9

CUMULATIVE CAPITAL DEVELOPMENT FUND, 37.19

CUMULATIVE CAPITAL IMPROVEMENT FUND, 37.04

CUMULATIVE FIRE FUND, 37.05

CUMULATIVE NON-REVERTING LAW ENFORCEMENT TRAINING FUND, 37.16

CURBSIDE RECYCLING PROGRAM (See REFUSE AND THE LIKE; WEEDS)

CURFEW (See OFFENSES)

DANGEROUS ANIMALS (See ANIMALS)

DEPARTMENT OF PARKS AND RECREATION; BOARD (See PARKS AND RECREATION; CEMETERIES)

DEVELOPMENT REVIEW PROCEDURES (See ZONING)

DISABLED PARKING, CH. 75 SCHED. V

DISASTER RECOVERY PLAN (See ADMINISTRATION)

DO NOT ENTER SIGNS, CH. 74 SCHED. IV

DOGS (See ANIMALS)

ELECTRICITYUtility Rates and Charges

Adoption of rates, 53.01Availability of residential lighting service, 53.14Commercial lighting, 53.17Commercial power, 53.18Connections, responsibility of town, 53.23Delinquency fee, 53.19Deposits; consumption determines, 53.21Disconnection and reconnection charges, 53.04Electric utilities’ line loss, 53.27Extensions of electrical service, 53.28Fuel cost adjustment (applicable to rates R, C, P, G, and M), 53.13Full domestic service, 53.15Minimum charges for electric meter deposits, 53.02New electric service; reimbursement, 53.31Non-recurring charges, 53.29

New Carlisle - Index10

ELECTRICITY (Cont’d)Utility Rates and Charges (Cont’d)

Notice of disconnection, 53.22NSF check fee, 53.30Past due charges, 53.03Rate “C” commercial and small power service, 53.06Rate “G” governmental service, 53.08Rate “M” municipal electric service, 53.09Rate “P” capacity power service, 53.07Rate “R” domestic electric service, 53.05Rate “SL” security lighting service, 53.11Rate “STL” street lighting service, 53.10Rate adjustment (applicable to rates R, C, P, G, and M), 53.12Right of inspection, 53.24Testing of meters, manner of payment, 53.26Town to furnish meters, 53.25Water heater service, 53.16When bills available, 53.20

EMINENT DOMAIN (See ZONING)

ESTABLISHMENT AND EXPENDITURE OF A PROMOTIONAL APPROPRIATION, 37.15

EXCAVATIONS (See STREETS, SIDEWALKS, AND TREES)

FAIR HOUSINGAdministrative enforcement, 95.11Clarifications of “in the business of selling or renting dwellings,” 95.03Declaration of policy, 95.01Definitions, 95.02Discrimination in residential real estate-related transactions, 95.06Discrimination in the sale or rental of housing, 95.05Effective date, 95.12Exemptions, 95.08Other remedies, 95.10Penalty, 95.99Prevention of intimidation in fair housing cases, 95.07Procedure, 95.09Unlawful practices, 95.04

FALSE ALARMS (See ALARM SYSTEMS)

FEE SCHEDULE, Ch. 98

Index 11

FINANCESFunds

Cash Reserve Fund, 37.01Community Ambulance Gift Fund, 37.02Community Services Fund, 37.08County Economic Development Income Tax (CEDIT) Fund, 37.21County Option Income Tax (COIT) Fund, 37.20Criminal Justice Planning Agency Fund, 37.03Cumulative Capital Development Fund, 37.19Cumulative Capital Improvement Fund, 37.04Cumulative Fire Fund, 37.05Cumulative Non-Reverting Law Enforcement Training Fund, 37.16Establishment and expenditure of a promotional appropriation, 37.15Law Enforcement Assistance Grant Fund, 37.18Law Enforcement Continuing Education Fund; pretrial diversion user fees, 37.07Law Enforcement Gift Fund, 37.14Major Moves Construction Fund, 37.06Non-Reverting Cemetery Gift Fund, 37.09Non-Reverting Park Fund, 37.11Park Gift Fund, 37.10Rainy Day Fund, 37.13River Boat Fund, 37.12Self-Insurance Fund, 37.17

FINGERPRINTING CARDS (See BUSINESS REGULATIONS)

FIRE DEPARTMENT (See VOLUNTEER FIRE DEPARTMENT AND FIRE REGULATIONS)

FIRE REGULATIONS (See VOLUNTEER FIRE DEPARTMENT AND FIRE REGULATIONS)

FRANCHISES (See BUSINESS REGULATIONS)

GARBAGE (See REFUSE AND THE LIKE; WEEDS)

GENERAL CEMETERY FUND, 90.61

GI - GENERAL INDUSTRIAL DISTRICT, 152.141 (See also ZONING)

GOLF CARTS (See RECREATIONAL VEHICLES)

HEALTH DEPARTMENT (See TOWN EMPLOYEES AND ORGANIZATIONS)

New Carlisle - Index12

HISTORIC REVIEW BOARD (See TOWN EMPLOYEES AND ORGANIZATIONS)

HOME OCCUPATIONS, 152.085 (See also ZONING)

INDUSTRIAL DISTRICTS (See ZONING)

INDUSTRIAL USERSIndustrial Pretreatment

Accidental discharges, 54.03Annual publication of significant violators, 54.16Confidentiality, 54.06Emergency suspension of service and permit, 54.11Industrial cooling water, 54.19Judicial proceedings, 54.15Limitations on permit transfer, 54.09Limitations on wastewater strength, 54.02Notification of violation; administrative adjustment, 54.13Permit application; fees, 54.05Permit duration, 54.08Permit modifications, 54.07Pre-approval of plans required, 54.17Pretreatment of industrial wastes required, 54.01Reporting requirements, 54.10Revocation of permit, 54.12Samplings and analysis, 54.21Show cause hearing, 54.14Unpolluted waters, 54.18Wastewater discharge permits, 54.04Wastewater flow characteristics, 54.20

Industrial water users (See WATER)Penalty, 54.99Rates and charges for industrial water users (See WATER)

ITINERANT MERCHANTS (See BUSINESS REGULATIONS)

JUNK (See REFUSE AND THE LIKE; WEEDS

JUNK VEHICLES (See PUBLIC NUISANCES)

LANDSCAPE REGULATIONS (See ZONING)

Index 13

LAW ENFORCEMENTCivil Ordinance Violation Enforcement Volunteer, 33.01Town Marshal

Canine (K-9) procedures and regulations, 33.18Reserve canine unit for the Marshal’s Department, 33.17Rules and regulations of the Marshal’s Department, 33.15Table of organization for the Marshal’s Department, 33.16

LAW ENFORCEMENT ASSISTANCE GRANT FUND, 37.18

LAW ENFORCEMENT CONTINUING EDUCATION FUND; PRETRIAL DIVERSION USER FEES, 37.07

LAW ENFORCEMENT GIFT FUND, 37.14

LB - LOCAL BUSINESS DISTRICT, 152.116 (See also ZONING)

LI - LIGHT INDUSTRIAL DISTRICT, 152.140 (See also ZONING)

LIGHTING REGULATIONS (See ZONING)

LIQUIFIED PETROLEUM GAS (See PUBLIC HEALTH AND SAFETY)

LOADING AND UNLOADING ZONES, CH. 75 SCHED. IV

LOADING REGULATIONS (See OFF-STREET LOADING REGULATIONS; ZONING)

LOTS, NONCONFORMING (See ZONING)

MAJOR MOVES CONSTRUCTION FUND, 37.06

MEMORIAL PARK PARKING LOT REGULATIONS, CH. 75 SCHED. III

MENTALLY ILL, RESIDENTIAL FACILITIES FOR (See ZONING)

MERCHANTS (See BUSINESS REGULATIONS)

MF - MULTIFAMILY DISTRICT, 152.082 (See also ZONING)

MUNICIPAL PARKING LOT REGULATIONS, CH. 75 SCHED. VI

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NOISE CONTROL (See PUBLIC NUISANCES)

NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS (See ZONING)

NO PARKING AREAS, CH. 75 SCHED. I

NON-REVERTING CEMETERY GIFT FUND, 37.09

NON-REVERTING PARK FUND, 37.11

NUISANCES (See PUBLIC NUISANCES)

OB - OFFICE BUFFER DISTRICT, 152.115 (See also ZONING)

OFFENSESPenalty, 130.99Public Health and Safety Regulations

Curfew regulations, 130.01Unlawful to spit on sidewalks and public places, 130.02

OFF-ROAD VEHICLES (See PARKS AND RECREATION; CEMETERIES)

OFF-STREET LOADING REGULATIONS (See ZONING)

OFF-STREET PARKING REGULATIONS (See ZONING)

ONE-WAY STREET SIGNS, CH. 74 SCHED. III

ORDINANCE VIOLATION ENFORCEMENT Volunteer, 33.01

ORDINANCE VIOLATIONS BUREAUCreated, 36.01Duties of Violations Clerk, 36.03Effect of repeal, 36.04General Fund deposits, 36.05Penalty, 36.99Violations Clerk, 36.02

Duties, 36.03

PARADES (See STREETS, SIDEWALKS, AND TREES)

Index 15

PARK GIFT FUND, 36.10

PARKING (See OFF-STREET PARKING REGULATIONS; PARKING SCHEDULES; TRAFFIC CODE; ZONING)

PARKING SCHEDULESNo parking areas, Ch. 75 Sched. ITwo-hour parking areas, Ch. 75 Sched. IIMemorial Park parking lot regulations, Ch. 75 Sched. IIILoading and unloading zones, Ch. 75 Sched. IVDisabled parking, Ch. 75 Sched. VNew Carlisle municipal parking lot regulations, Ch. 75 Sched. VI

PARKS AND RECREATION, BOARD (See PARKS AND RECREATION; CEMETERIES)

PARKS AND RECREATION; CEMETERIESCemetery Regulations

Accountings, 90.63Application procedures for interment, 90.46Board officers, 90.42Care and preservation, 90.58Care of graves by contract, 90.65Cemetery Board duties, 90.43Cemetery Board meetings, 90.44Cemetery Board of Trustees established, 90.40Charges for the New Carlisle Cemetery, 90.47Charges set by ordinance, 90.59Cut flower regulations, 90.52Five-member Board, 90.41Foundation requirements, 90.54General Cemetery Fund, 90.61Gratuity prohibited, 90.57Hours of entrance; speed limit, 90.55In perpetuity care, 90.64Markers, 90.49No compensation for Board, 90.66Ornaments prohibited, 90.50Permit required, 90.53Perpetual Care Fund, 90.62Planting and mounds prohibited, 90.51Role of Clerk-Treasurer, 90.60Superintendent of Cemetery, 90.45

New Carlisle - Index16

PARKS AND RECREATION; CEMETERIES (Cont’d)Cemetery Regulations (Cont’d)

Transfer of lots, 90.48Vandalism prohibited, 90.56

Department of Parks and Recreation; BoardAuthority to operate, 90.01Board of Parks and Recreation established, 90.03Board officers; quorum, 90.09Composition of the Board, 90.04Department of Parks and Recreation established, 90.02Duties of the Board of Parks and Recreation, 90.10Duties of the Superintendent of Parks and Recreation, 90.12Gazebo and shelters in town parks, 90.16Incorporation of the State Park and Recreation Law, 90.13Meetings of the Board, 90.08Naming of town parks, 90.14No compensation for Board members, 90.07Powers of the Board of Parks and Recreation, 90.11Regulations for town parks, 90.15Removal of Board members, 90.06Terms of Board members, 90.05

Foundation detail, Appendix AParks and Cemetery Regulations for Snowmobiles/Off-Road Vehicles

Definitions, 90.30Snowmobiles and/or off-road vehicles prohibited, 90.31

Penalty, 90.99

PARKS AND RECREATION, DEPARTMENT OF (See PARKS AND RECREATION; CEMETERIES)

PEDDLERS (See BUSINESS REGULATIONS)

PENALTY, GENERAL, 10.99

PERPETUAL CARE FUND, 90.62

PERSONNEL POLICIESPersonnel policies adopted by reference, 39.01

PLAN COMMISSION (See SUBDIVISION REGULATIONS)

PLANNED UNIT DEVELOPMENT DISTRICT (See ZONING)

Index 17

PLAT COMMITTEE (See SUBDIVISION REGULATIONS)

PUBLIC HEALTH AND SAFETY (See also OFFENSES)Cleaning ice and snow off sidewalks, 92.01Penalty, 92.99Liquified Petroleum Gas

Definitions, 92.15Inspection, 92.19Permits required, 92.17Record of installation, 92.18Regulations, 92.20Standards for equipment and installation, 92.16

PUBLIC NUISANCESAbandoned and Junk Vehicles

Definitions, 93.40Enforcement, 93.42Scope of coverage; exclusions; permits, 93.41

Abatement by the town, 93.05Appeals, 93.06Citations, 93.02Conditions constituting public nuisances, 93.01Failure to comply with notice to abate, 93.04Noise Control Regulations

Acts prohibited; variation in times, 93.26Loud and raucous noise prohibited, 93.25Responsible organizations; permit required, 93.27

Notice prior to abatement by town, 93.03Penalty, 93.99Storage of building materials, 93.07Yard Waste Regulations

Burning of yard waste prohibited, 93.51Weekly yard waste pick-up, 93.53Yard waste defined, 93.50Yard waste regulations, 93.52

PUBLIC RECORDS (See ADMINISTRATION)

PUBLIC WORKS (See also ELECTRICITY; REFUSE AND THE LIKE, WEEDS; SEWERS; WATER)Town Engineer to set standards for utility permits, 50.01Utility Rate Advisory Board

Advisory Board membership, 50.21Officers and meetings, 50.22

New Carlisle - Index18

PUBLIC WORKS (Cont’d)Utility Rate Advisory Board (Cont’d)

Powers of the Advisory Board, 50.23Investigations, 50.24No compensation for Board, 50.25Removal of Board members, 50.26Utility Rate Advisory Board established, 50.20

Wellhead protection, 50.02

PURCHASINGRequired Purchasing Agency Rules

Discussions with offerors responding to a request for proposals, 38.16Delay of opening offers, 38.17Evidence of financial responsibility, 38.18Use of RFP for purchases of designated types of supplies, 38.19Modification and termination of contracts, 38.20Purchase of services, 38.21Protection of offers; status of documents as public records, 38.15

Required Purchasing RulesPurchasing rules requiring supplies manufactured in the United States, 38.01

R1 - SINGLE FAMILY DISTRICT, 152.080 (See also ZONING)

R2 - SINGLE FAMILY AND 2 FAMILY DISTRICT, 152.081 (See also ZONING)

RABIES (See ANIMALS)

RAINY DAY FUND, 37.13

RECREATION (See PARKS AND RECREATION)

RECREATIONAL VEHICLESBicycles

Brakes required, 73.35Code provisions, 73.36Definitions, 73.25Governed by state law, 73.26Highway regulations, 73.29Obedience to traffic-control devices, 73.27One person on a bicycle; exception, 73.28Operation at night; equipment required, 73.31Parking restrictions, 73.34

Index 19

RECREATIONAL VEHICLES (Cont’d)Bicycles (Cont’d)

Sidewalk regulations, 73.30Speed limits, 73.33Warning devices required, 73.32

Golf CartsDefinitions, 73.50Fines, 73.61Occupants, 73.59Place of operation, 73.57Requirement of driver’s license, 73.53Requirement of financial responsibility, 73.54Requirement of local registration, 73.52Slow moving vehicle reflective sign, 73.56Time of operation and nighttime restrictions, 73.55Towing, 73.60Traffic laws and ordinances, 73.58Unlawful operation of a golf cart, 73.51

Off-road vehicles (See PARKS AND RECREATION; CEMETERIES)Penalty, 73.99Skateboards, Rollerskates, and Rollerblades Regulations

Restricted activities, 73.15Snowmobile regulations, 73.01 (See also PARKS AND RECREATION; CEMETERIES)

RECYCLING COLLECTION POINTS, NEIGHBORHOOD, 152.090

RECYCLING, CURBSIDE (See REFUSE AND THE LIKE; WEEDS)

REFUSE AND THE LIKE; WEEDSCollection and Disposal of Garbage, Trash, and Junk; Weeds

Accumulation of junk prohibited, 97.09Charges for collection, 97.03Clearing alleys and streets, 97.05Containers required, 97.06Definitions, 97.01Delinquency; collection, 97.04Notice to abate nuisance, 97.10Placement of refuse, garbage, and trash for collection, 97.08Time and place for collection of refuse, garbage, and trash, 97.07Town collection and disposal of refuse, garbage, and trash, 97.02Weed control, 97.11Weed inspections, 97.12

Penalty, 97.99

New Carlisle - Index20

REFUSE AND THE LIKE; WEEDS (Cont’d)Mandatory Curbside Recycling Program

Curbside recycling fees, 97.21Residents affected, 97.22Role of Solid Waste Management District, 97.20

RESIDENTIAL DISTRICTS (See ZONING)

RESIDENTIAL FACILITIES FOR THE MENTALLY ILL (See ZONING)

RIVER BOAT FUND, 37.12

ROLLERBLADES (See RECREATIONAL VEHICLES)

ROLLERSKATES (See RECREATIONAL VEHICLES)

SANITARY STANDARDS FOR DWELLINGS (See BUILDING CODES)

SELF-INSURANCE FUND, 37.17

SEWERSPenalty, 51.99Sewage Works Regulations

Accidental discharges, 51.47Additional information, 51.44Administrative relief, 51.51Compliance with state and federal laws, 51.48Definitions, 51.35Industrial cooling water, 51.43Inspections, 51.50Interceptors, 51.46Permit required, 51.37Pretreatment of industrial wastes, 51.40Prior approval required, 51.41Prohibited discharges, 51.36Prohibited discharges into public sewers, 51.39Removal of connections, 51.52Strength and samples, 51.45Two classes of building sewer permits, 51.38Unpolluted water, 51.42Vandalism prohibited, 51.49

Index 21

SEWERS (Cont’d)Sewer Rates

Administrative relief, 51.14Annual procedure for clearance of bad debts, 51.23Appeal procedure, 51.11Availability of service, 51.18Billing procedure and delinquent rates, 51.08By-laws and regulations, 51.10Classes of users, 51.02Definitions, 51.01Determinations used, 51.04Disconnection for late payment; reconnection charge; shut-off notice, 51.20Effective date, 51.13Fire protection use, 51.16Inspection of records, 51.15Laundromat rates, 51.06New customer billings, 51.22No hearing required, 51.19Rates and charges, 51.03Rates for service outside town limits, 51.17Special rate contracts, 51.12Sprinkling rates, 51.05Strength and character; rate adjustment, 51.07Study of operation, 51.09Sump pump/groundwater surcharge, 51.24Wastewater tap fee, 51.21

SIDEWALKS (See PUBLIC HEALTH AND SAFETY; STREETS, SIDEWALKS, AND TREES)

SIGN REGULATIONS (See ZONING)

SIGNS, NONCONFORMING (See ZONING)

SINGLE FAMILY AND 2 FAMILY DISTRICT, R2, 152.081 (See also ZONING)

SINGLE FAMILY DISTRICT, R1, 152.080 (See also ZONING)

SKATEBOARDS (See RECREATIONAL VEHICLES)

SNOWMOBILES (See PARKS AND RECREATION; RECREATIONAL VEHICLES; TRAFFIC)

SOLICITORS (See BUSINESS REGULATIONS)

New Carlisle - Index22

SOLID WASTE MANAGEMENT DISTRICT (See REFUSE AND THE LIKE; WEEDS)

SPEED LIMITS, CH. 74 SCHED. V

STOP SIGNS, CH. 74 SCHED. I

STREET NAME CHANGES, CH. 74 SCHED. IV

STREETS (See STREETS, SIDEWALKS, AND TREES)

STREETS, SIDEWALKS, AND TREESExcavations

Application and permit, 91.26Bond required, 91.27Compliance with regulations required, 91.25Emergencies; time limits, 91.32Inspection and safety of excavations, 91.28Permit fees for excavations, 91.31Protection of adjacent property, 91.29Surface restoration, 91.30

Parades, Carnivals, or CircusesPermits required, 91.01Town Marshal to be notified, 91.02

Penalty, 91.99Sidewalk Construction

Conformance required, 91.10Disposition of dirt and old material, 91.15Driveways and alley crossings, 91.12Inspection and acceptance of material and work, 91.13Notice to property owners, 91.14Permit required, 91.11Tampering with grade stakes on sidewalks, 91.16

Tree Lawn RegulationsHomeowner’s responsibility, 91.41Park Board exempt, 91.44Permit and bond requirements, 91.45Removal of trees, 91.43Tree lawn application, 91.40Trimming trees, 91.42

SPITTING IN PUBLIC (See OFFENSES)

Index 23

SUBDIVISION REGULATIONS (See also ZONING)Amendments, 151.012Authority, 151.002Compliance, 151.013Completion Letter, Ch. 151 Appendix HDefinitions

Definitions, 151.126Interpretation of terms or words, 151.125

Effective date, 151.004Eminent domain and use–United States of America or State of Indiana owned property, 151.005Findings, 151.008Findings of Fact of Vacation of Land in a Plat, Ch. 151 Appendix IHearings

Appeals from determination of the Plan Commission, 151.044Appeals from determination of the Plat Committee, 151.043Plan Commission authority to hear vacations of plats or parts of plats, 151.041Plat Committee authority to hear plats and replats, 151.040Town Council authority to hear vacations of public way or place and platted easements, 151.042

Incorporation by reference, 151.014Interpretation, 151.006Irrevocable Letter of Credit for Subdivision Improvements, Ch. 151 Appendix BJurisdiction, 151.007Letter of Compliance, Ch. 151 Appendix GMaintenance Bond for Subdivision Improvements, Ch. 151 Appendix CPerformance Bond for Subdivision Improvements, Ch. 151 Appendix APermits

Improvement location permits, 151.025Recording required for issuance of an improvement location permit, 151.026

Plat Procedures, Plans, and SuretyCompletion and maintenance of improvements, 151.061Corrective secondary plats, 151.060Major subdivisions, 151.058Minor subdivisions, 151.057Overview of plat approval process, 151.056Plat procedures; introduction and intent, 151.055Subdivision replats, 151.059

Private provisions, 151.009Purpose, 151.003Release of Irrevocable Letter of Credit, Ch. 151 Appendix ERelease of Maintenance Bond, Ch. 151 Appendix FRelease of Performance Bond, Ch. 151 Appendix D

New Carlisle - Index24

SUBDIVISION REGULATIONS (Cont’d)Requirements for Design, Reservations, and Improvements

Drainage, 151.080Electric facilities, 151.083General improvements, 151.075Lots, 151.076Monumentation, 151.079Public sites, 151.085Sewage facilities, 151.082Sidewalks, 151.078Streets, 151.077Utilities, 151.084Water facilities, 151.081

Saving provision, 151.010Title, 151.001Transition rules for applications for primary plat approval, secondary plat approval, or the vacation of plats or parts of plats, 151.011Vacation of Land in a Plat

Appeals, 151.113Approval of a vacation of land in a plat by the Plan Commission, 151.111Disapproval of a vacation of land in a plat, 151.112Jurisdiction, 151.110

WaiversGenerally, 151.095Jurisdiction of waivers, 151.099Procedures for review of waiver requests, 151.098Waiver guidelines, 151.097Waivers of subdivision control ordinance regulations, 151.096

SUPERINTENDENT OF PARKS AND RECREATION, 90.12 (See also PARKS AND RECREATION; CEMETERIES)

TC - TOWN CENTER DISTRICT, 152.118 (See also ZONING)

TELECOMMUNICATIONS FACILITIES, WIRELESS (See ZONING)

TOWN COUNCILAbolishment of wards, 31.02Compensation of the Town Council, 31.08Election of the Town Council, 31.03Five-member Council, 31.01Four standing committees or commissions, 31.05

Index 25

TOWN COUNCIL (Cont’d)Ordinances

Introduction of ordinances and resolutions, 31.36Ordinance format, Appendix AOrdinances which amend the town code, 31.35Recording and publishing of ordinances, 31.37

Powers of the Town Council, 31.07President of the Council, 31.04Rules of Procedure

Order of business, 31.23Parliamentary procedure, 31.24Quorum and votes to pass, 31.20Regular meetings, 31.21Robert’s Rules of Order, 31.25Special meetings, 31.22

Special committees, 31.06

TOWN EMPLOYEES AND ORGANIZATIONS (See also TOWN OFFICIALS)Health Department

Designation of Department/duties, 35.30Historic Review Board

Action of applications for certificate of appropriateness, 35.09Appeal provisions, 35.11Application for certificate of appropriateness, 35.08Approval by Town Council required, 35.04Certificate of appropriateness required, 35.07Definitions, 35.01Development standards, 35.10Further surveying and mapping, 35.05Interested parties, 35.18Maintenance, 35.12Paint colors, 35.17Phased districts, 35.16Powers and duties of the Review Board, 35.03Recording the fact of historic district designation, 35.15Relationship to zoning districts, 35.06Review Board, 35.02Visual compatibility, 35.13Visual compatibility factors, 35.14

Penalty, 35.99

TOWN MARSHAL (See LAW ENFORCEMENT)

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TOWN STANDARDSTime zone, 11.02Town Seal, 11.01

TRAFFIC CODEEnforcement provisions, 70.01Parking and Stopping Regulations

General regulations as to parking, stopping, or standing, 72.02Limited parking areas, 72.03Parking Affected by Weather

Parking during snow conditions, 72.20Parking regulations to allow snow clearing, 72.21

Penalty, 72.99Restricted Parking Regulations for Street Sweeping

Impounding, 72.31Parking regulations to allow street sweeping, 72.30

Sidewalk and alley parking, 72.04Sidewalk and parkway parking, 72.01

Parking Schedules (See PARKING SCHEDULES)Penalty, 70.99Recreational Vehicles (See RECREATIONAL VEHICLES)Traffic Rules

Alley speed limits, 71.01Engine brakes, 71.02Penalty, 71.99

Traffic Schedules (See TRAFFIC SCHEDULES)

TRAFFIC SCHEDULESDo not enter signs, Ch. 74 Sched. IVOne-way street signs, Ch. 74 Sched. IIISpeed limits, Ch. 74 Sched. VStop signs, Ch. 74 Sched. IStreet name changes, Ch. 74 Sched. VIIWeight limits, Ch. 74 Sched. VIYield right-of-way signs, Ch. 74 Sched. II

TRASH (See REFUSE AND THE LIKE; WEEDS)

TREE LAWN REGULATIONS (See STREETS, SIDEWALKS, AND TREES)

TREES (See STREETS, SIDEWALKS, AND TREES)

Index 27

UNSAFE BUILDING LAW (See BUILDING CODES)

USES, NONCONFORMING (See ZONING)

UTILITY RATE ADVISORY BOARD (See PUBLIC WORKS)

VOLUNTEER FIRE DEPARTMENT AND FIRE REGULATIONSContracts with volunteer fire departments, 34.01False fire alarms prohibited, 34.02Fireworks regulations, 34.04Penalty, 34.99Setting fires within town limits prohibited, 34.03

WATER (See also INDUSTRIAL USERS)Rates and Charges for Industrial Water Users

Incorporation by reference, 52.40Schedule of rates and charges, 52.41

Water Main Extension and Water RegulationsConstruction to meet local requirements, 52.24Cross-connection control program, 52.28Extension of 50 feet or more, 52.21Individual water main extension, 52.20Management agency for an area-wide water treatment, 52.27Refunds, 52.23Special extension procedure, 52.22Tapping charge to be made, 52.26Water mains; property of water utility, 52.25

Water Utility Rates and Charges (See also Rates and Charges for Industrial Water Users)Billings, 52.06Collection and deferred payment charges; shut-off, 52.07Fire protection service, 52.03Metered water rates, 52.01Minimum charges, 52.02Municipal fountains, 52.04New customer billings, 52.09Tap fee: governmental and not-for-profit organizations, 52.05Water meter deposits, 52.08

WEEDS (See REFUSE AND THE LIKE; WEEDS)

WEIGHT LIMITS, CH. 74 SCHED. VI

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WIND ENERGY CONVERSION SYSTEMS (See ZONING)

WIRELESS TELECOMMUNICATIONS FACILITIES (See ZONING)

YARD WASTE (See PUBLIC NUISANCES)

YIELD RIGHT-OF-WAY SIGNS, CH. 74 SCHED. II

ZONE MAPS (See ZONING)

ZONINGAdministration

Area Plan Commission, 152.366Board of Zoning Appeals, 152.367Staff agencies, 152.368Town Council, 152.365

Amendments to this chapter, 152.017Clear sight area requirements, 152.020Commercial/Town Center Districts

Accessory uses, buildings, and structures, 152.119Additional development standards, 152.124CB - Community Business District, 152.117Home occupations, 152.121LB - Local Business District, 152.116OB - Office Buffer District, 152.115Performance standards, 152.122Requirements for all private streets and private alleys, 152.125TC - Town Center District, 152.118Temporary uses, buildings, and structures, 152.120Zoning violations in Commercial/Town Center Districts, 152.123

Compliance required for use and development of real property, 152.018Controlled Uses, Special Regulations

Additional development standards for controlled uses, 152.331Controlled uses generally, 152.330Definitions for adult businesses, 152.332

Definitions and InterpretationDefinitions, 152.426Interpretation of terms or words, 152.425

Determination of land uses not listed in this chapter, 152.014Development Review Procedures

Application form and plan requirements, 152.388Compliance with other laws, ordinances, rules, or regulations, 152.387

Index 29

ZONING (Cont’d)Development Review Procedures (Cont’d)

Improvement location permits, 152.386Intent, 152.385Modification or termination of commitments, 152.391Variance and special exception procedures, 152.390Zoning ordinance amendment procedures, 152.389

Effective date, 152.005Eminent domain or use, 152.008Enforcement

Additional remedies, 152.413Alleged violations, 152.406Authority, 152.405Cease and desist order, 152.409Fines, 152.412Inspection of property; right of entry, 152.408Remedies or penalties for violation, 152.411Responsibility for violations, 152.407Violations, 152.410

Exemption for anti-terrorism devices and portable towers, 152.022Exemptions for transportation, communication, and utility lines, 152.019Findings for adoption of this chapter, 152.004Fines (See also FEE SCHEDULE)

All Commercial/Town Center Districts and all Industrial Districts, 152.442All Residential Districts, 152.441All wireless telecommunications facilities, 152.443Failures of person who receives a citation; enforcement, 152.445Intent, 152.440Payment of all fines prescribed by this subchapter for zoning violations, 152.444Violations in a Planned Unit Development (PUD) District, 152.446

Forms, Appendix BArea Plan Commission Commitments, Appendix B-1Area Plan Commission Modification of Commitments, Appendix B-2Board of Zoning Appeals Commitments, Appendix B-3Board of Zoning Appeals Modification of Commitments, Appendix B-4Consent Form, Appendix B-5Consent Form, Appendix B-6

Industrial DistrictsAccessory uses, buildings, and structures, 152.142Additional development standards, 152.146GI - General Industrial District, 152.141LI - Light Industrial District, 152.140

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ZONING (Cont’d)Industrial Districts (Cont’d)

Performance standards, 152.144Requirements for all private streets and private alleys, 152.147Temporary uses, buildings, and structures, 152.143Zoning violations in Industrial Districts, 152.145

Interpretation of this chapter/conflict with other ordinances, 152.009Jurisdiction, 152.010Landscape Regulations

Alternate landscape plan approval, 152.194Foundation landscaping, 152.188General landscaping provisions, 152.186Installation of landscaping, 152.192Intent, 152.185Interior off-street parking area landscaping, 152.189Landscaping of required perimeter yards and residential bufferyards, 152.187Maintenance of landscaping, 152.193Minimum plant material sizes at time of planting, 152.191Off-street parking area screening, 152.190

Lighting RegulationsExempt lights, 152.213General requirements, 152.211Intent, 152.210Prohibited lights, 152.215Special regulations for sport and athletic field lights, 152.212Temporary lights, 152.214

Nonconforming Lots, Uses, Buildings, Structures, or SignsAgricultural nonconforming use, 152.067Avoidance of undue hardship, 152.057Determination of cost of construction, 152.065Discontinuation of legally established nonconforming uses of land, 152.061Incompatibility of legally established nonconforming uses, 152.056Intent, 152.055Legally established nonconforming buildings or structures (excluding signs), 152.059Legally established nonconforming lots, 152.058Legally established nonconforming signs, 152.064Legally established nonconforming uses of land, 152.060Legally established nonconforming uses within legally established nonconforming buildings or structures, 152.062Reconstruction, remodeling or enlargement of a legally established nonconforming single family dwelling or 2 family dwelling, 152.066Repairs and maintenance of legally established nonconforming buildings or structures (excluding signs), 152.063

Index 31

ZONING (Cont’d)Off-Street Loading Regulations

Design and construction of loading areas, 152.272Intent, 152.270Loading for buildings, structures, or uses, 152.271Location of off-street loading spaces, 152.273Minimum number of off-street loading spaces, 152.277Special regulations for gasoline service stations, 152.276Surface of loading areas, 152.275Use of required loading area, 152.274

Off-Street Parking Regulations Applicability, 152.251Bicycle racks, 152.257Design and construction of off-street parking areas, 152.254Existing parking areas, 152.252Intent, 152.250Location of parking areas, 152.253Minimum number of required off-street parking spaces, 152.255Required Off-Street Parking Table, 152.258Required parking for the disabled, 152.256

Permitted Use Table, Appendix APlanned Unit Development District

Appeals from Executive Director’s decisions, 152.171Intent, 152.165Maintenance of common open space, 152.170Modification of preliminary plan or secondary approval, 152.168Permitted uses, development standards, and minimum requirements, 152.166Procedure for approval of a Planned Unit Development, 152.167Secondary plat approval, 152.169

Prior or conflicting ordinances, 152.006Private provisions, 152.013Purpose, 152.003Requirements for all private streets and private alleys, 152.021Residential Districts

Accessory uses, buildings and structures, 152.083Additional development standards, 152.088Home occupations, 152.085MF - Multifamily District, 152.082Neighborhood recycling collection points, 152.090Performance standards, 152.086R1 - Single Family District, 152.080R2 - Single Family and 2 Family District, 152.081

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ZONING (Cont’d)Residential Districts (Cont’d)

Requirements for all private streets and private alleys, 152.089Temporary uses, buildings, and structures, 152.084Zoning violations in Residential Districts, 152.087

Residential Facilities for the Mentally IllLocations, 152.305

Saving provision for pending enforcement actions, 152.015Scope and application, 152.012Separability, 152.007Sign Regulations

Exempt signs, 152.231Intent, 152.230Off-premises signs, 152.236On-premises signs: OB, LB, and CB Districts and all Industrial Districts, 152.234On-premises signs: R1, R2, and MF districts, 152.233On-premises signs: TC District, 152.235Prohibited signs, 152.232

Special Regulations Controlled Uses (See CONTROLLED USES)Residential Facilities for the Mentally Ill (See RESIDENTIAL FACILITIES FOR THE MENTALLY ILL)Wind Energy Conversion Systems (See WIND ENERGY CONVERSION SYSTEMS)Wireless Telecommunications Facilities (See WIRELESS TELECOMMUNICATIONS FACILITIES)

Statutory authority, 152.002Subdivision of land, 152.011Title, 152.001Transition rules, 152.016Wind Energy Conversion Systems

Intent, 152.345Small wind energy conversion systems; development standards, 152.347Wind energy conversion systems; generally, 152.346Wind energy facility; abandonment, discontinuation, or decommissioning of wind turbines and removal of wind energy facilities, 152.350Wind energy facility; approval, 152.349Wind energy facility; general, 152.348

Wireless Telecommunications FacilitiesAbandonment and removal of telecommunications towers, antenna arrays, associated equipment, and buildings, 152.294Development standards, 152.293

Index 33

ZONING (Cont’d)Wireless Telecommunications Facilities (Cont’d)

Intent and policy, 152.290Limitations on special exceptions, 152.295Siting hierarchy of wireless telecommunications facilities, 152.292Wireless telecommunications facilities requirements, 152.291

Zoning Districts and Zone MapsEstablishment of districts, 152.035Identification of the Official Zone Map, 152.038Interpretation of the Official Zone Map, 152.041Official Zone Map, 152.037Official Zone Map changes, 152.039Order of districts, 152.036Retention and preservation of record, 152.040Zoning of newly annexed land to the town, 152.042

ZONING DISTRICTS (See ZONING)

ZONING MAP (See ZONING)

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