C HAPTER    6
 
PUBLIC HEALTH AND SAFETY;
PUBLIC NUISANCES

C HAPTER    6
 
PUBLIC HEALTH AND SAFETY;
PUBLIC NUISANCES

ARTICLE 1. GENERAL PROVISIONS.

Sec. 6-1    City's Authority to Regulate.¹

¹Indiana Code, § 36-8-2-4, authorizes the regulation of conduct and property for reasons of public health safety and welfare.

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

Sec. 6-2    Authority to Establish a Police Department.²

²Indiana Code, § 36-8-2-2, sets forth the authority to preserve public peace and order.

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.

Sec. 6-3    Authority to Regulate Air and Sound.³

³Indiana Code, § 36-8-2-8, authorizes the regulation of air and sound.

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

Sec. 6-4    Authority to Regulate Public Gatherings.⁴

⁴Indiana Code, § 36-8-2-9, authorizes the regulation of public gatherings.

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

Sec. 6-5    Authority to Establish Fire Department.⁵

⁵Indiana Code, § 36-8-2-3, sets forth the authority to establish a fire fighting system.

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

Sec. 6-6    Offenses Against Public Health, Order and Decency.⁶

⁶Indiana Code, § 35-45-I -1 et seq., address such offenses.

All offenses against public health, order and decency not addressed by this Code shall be governed by applicable State Statute.

Sec. 6-7    Resisting Official Action.⁷

⁷Indiana Code, § 35-44-3-3, addresses resisting a law enforcement officer.

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 his or her official duties.

Sec. 6-8    Penalties.

Except as specifically set forth herein, any violation of any provision of this Chapter shall be subject to the penalties provided by Section 1-13 of this Code.

Sec. 6-9 Through Sec. 6-12 Reserved for Future Use.

ARTICLE 2. CURFEW REGULATIONS⁸

⁸Indiana Code, § 31-6-4-2, addresses curfews.

Sec. 6-13    Curfew Established.

a.   No parent, guardian or other custodian of any child ages fifteen (15), sixteen (16) or seventeen (17) years of age shall permit that child to be in a public place:

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.
(Ord. No. 10, 1994, § 1 A, B, 8-1-94; Bk. 28, pp. 84-86; Am. Ord. No. 3, 2001, 4-9-01; Am. Ord. 4, 2004, § 1,9-13-04)

Sec. 6-14    Exceptions.

This Article does not apply to a child who is:

a.   Accompanied by his parents, guardian or custodian;

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

c.   Participating in, going to, or returning from:

Sec. 6-15    Authority of Police During Curfew Hours.

a.   Each police force member, based upon probable cause, may stop and question any minor suspected of violating this Article's provisions, and may take the minor into custody when found violating any provisions of this Article. The officer shall take the minor to the City police headquarters, where the name of the minor's parent, guardian or person having legal custody of them shall be ascertained.

b.   The parent, guardian, or person having legal custody shall be notified or summoned by the investigating officer to appear at the police headquarters to complete the investigation.

c.   The investigating or apprehending officer, if satisfied that a violation has occurred, shall cause a citation for the violation of this Ordinance to be issued to said offending parent, guardian or custodian.
(Ord. No. 10, 1994, § 2, 8-1-94; Am. Ord. No. 3, 2001, 4-9-01; Am. Ord. 4, 2004, § 1, 9-13-04)

Sec. 6-16    Penalty.

Anyone violating any of the provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.
(Am. Ord. No. 3, 2001, 4-9-01; Am. Ord. 4, 2004, § 1, 9-13-04)

Sec. 6-17 Through Sec. 6-19 Reserved for Future Use.

ARTICLE 3. LOITERING REGULATIONS.

Sec. 6-20    Loitering Prohibited.

No person shall loiter in a public place within the City of Attica if such loitering creates a risk to the safety of persons or property in the vicinity or creates a reasonable belief that an unlawful, criminal, or delinquent act has been or may soon be committed by such person or any person accompanying such person.
(Ord. No. 10, 1995, § 1, 10-2-95; Bk. 28, pp. 151-152)

Sec. 6-21    Obstructions of Public Ways Prohibited.

No person, either alone or accompanied by other persons, shall obstruct or attempt to obstruct or impede the normal flow of or the parking of vehicular traffic or the normal passage of pedestrian traffic on or in a public way, street, sidewalk, highway, place, or alley within the City of Attica.
(Ord. No. 10, 1995, § 2, 10-2-95; Bk. 28, pp. 151-1 S2)

Sec. 6-22    Definitions.

For the purpose of the Ordinance, the following definition shall apply:

a.   "LOITER" OR "LOITERING" means remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly.

b.   "PUBLIC PLACE" means an area, either publicly owned or to which the public has access.

c.   "LOITERING THAT CREATES A RISK TO THE SAFETY OF PERSONS OR PROPERTY" means the following conditions:

1.   Any act that would be an offense defined under Indiana Code, § 35-42 (Offenses Against the Person, including Battery, Child Molestation, and Robbery); Indiana Code, § 35-43 (Offenses Against Property, including Arson, Criminal Mischief, Burglary, and Theft); and Indiana Code, § 35-45 (Offenses against the Public Order, including Disorderly Conduct, Intimidation, Harassment, Littering, Public Indecency, Gambling, and Criminal Gang Activities) which has occurred in the last two (2) weeks within five hundred feet (500') of the public place such person is found to be loitering and the perpetrator of such offense is unknown or the law enforcement officer has reasonable ground for believing the person or the person accompanying such person could be the offender.

2.   The person or a person accompanying such person has one or more convictions for an offense defined under Indiana Code, § 35-42 (Offenses Against the Person), Indiana Code, § 35-43 (Offenses Against Property), or Indiana Code, § 35-45 (Offenses Against Public Order).

3.   The person is under twenty-one (21) years of age or is accompanied by a person under twenty-one (21) years of age; and the odor of an alcoholic beverage is detected on the breath of such person or on the breath of one or more persons accompanying such person, or alcoholic beverages are found in the possession of such person or in the possession of a person accompanying such person.

4.   The person is accompanied by one or more persons under the age of eighteen (18) years old who are in a public place in violation of applicable curfew laws. (Ord. No. 10, 1995, § 3, 10-2-95; Bk. 28, pp. 151-152)

Sec. 6-23    Enforcement.

a.   No person shall be cited for a violation of this Ordinance unless the person is first afforded an opportunity to dispel the risk to the safety of persons or property by having the person identify himself or herself and explaining his/her presence and conduct.

b.   Nor shall any person be cited for a violation of this Article unless that person fails to move on and cease obstructing traffic after having been ordered to do so. (Ord. No. 10, 1995, § 4, 10-2-95; Bk. 28, pp. 151-152)

Sec. 6-24    Penalties.

A person who violates the provisions of the Article shall, upon conviction, be subject to the following maximum penalty:

Sec. 6-25 Through Sec. 6-27 Reserved for Future Use.

ARTICLE 4. SIDEWALK REGULATIONS.

Sec. 6-28    When Sidewalk Conditions Declared Public Nuisance.

All public sidewalks shall be kept free and clear of all personal property, merchandise, signs, and vending machines. The location, placing, and/or storage of such items is declared a public nuisance under Chapter 6 of the City Code of Attica, Indiana. (Ord. No. 4, 1996, §1, 5-13-96)

Sec. 6-29    Definitions.

For purposes of this Article, the following definitions shall apply:

a.   PERSONAL PROPERTY shall include, but not necessarily be limited to: automobiles, recreational vehicles, motorcycles, bicycles, and/or household furniture and appliances. Personal property shall not include publicly owned trash receptacles.

b.   MERCHANDISE shall include, but not necessarily be limited to: clothing, tires, racks, tables, and any items designed for resale. Merchandise shall not include park benches.

c.   VENDING MACHINES shall include but not necessarily be limited to any self service devise which, upon the insertion of a coin, dispenses food or newspapers. (Ord. No. 4, 1996, § 2, 5-13-96)

Sec. 6-30    Seasonal or Promotional Sales Regulations on Sidewalks.

a.   Upon application filed with the Clerk-Treasurer's office for the City of Attica, a merchant regularly engaged in the retail business shall be allowed to display new merchandise on the City's sidewalks for seasonal or promotional sales.

b.   Such allowance shall be for no more than a ten (10) day period within a calendar month and only between the hours of 9:00 a.m. Through 5:00 p.m. Monday through Saturday.

c.   Upon written notice to remove and/or abate the public nuisance, the person maintaining said public nuisance shall remove the item(s) referred to in the written notice from the public sidewalk within twenty-four (24) hours of having received such written notice. (Ord. No. 4, 1996, § 3, 5-13-96)

d.   Upon application filed with the Clerk-Treasurer's Office for the City of Attica, a merchant, regularly engaged in the retail business, shall be allowed to repair an existing permanent overhang over public sidewalk with appropriate supports for such overhang. The application must be completed and filed by the owner of the real estate and included, at a minimum the following information:

Upon filing of the application, same will be referred to the Common Council for its approval or denial. (Ord. No. 8, 1998, § 1, 7-27-98)

Sec. 6-31    Penalty.

a.   Failure to comply with the provisions of this Article shall subject the person maintaining the public nuisance to the penalty provisions of Sec. 1-17 of this Attica City Code.

b.   In addition, the City may seek to enjoin the person violating the provisions of this Article in a Court of competent jurisdiction. (Ord. No. 4, 1996, § 4, 5-13-96)

Sec. 6-32 Through Sec. 6-34 Reserved for Future Use.

ARTICLE 5. SMOKING REGULATIONS.⁹

⁹ Indiana Code, § 16-41-37-9, allows the Common Council for the City of Attica to pass an Ordinance providing for clean air.

Sec. 6-35    No Smoking in Designated City-Owned Places.

There shall be no smoking allowed in any city-owned buildings and vehicles, including, but not necessarily limited to:
 

Sec. 6-36    Definition.

As used in this Article, SMOKING means the carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment, or the inhalation of or exhalation of smoke from any lighted smoking equipment. (Ord. No. 9, 1994, § 2, 8-1-94; Bk. 28, pp. 85-86)

Sec. 6-37    Signage.

Signs that read "Smoking Is Prohibited Except in Designated Smoking Areas" or other similar language shall be conspicuously posted. (Ord. No. 9, 1994, § 3, 8-1-94; Bk. 28, pp. 85-86)

Sec. 6-38    Penalty.¹⁰

¹⁰Editor's Note: Ord. No. 9, 1994, became effective November 1, 1994.

A person who smokes in violation of this Article shall be subject to a fine of not more than fifty dollars ($50.00) . (Ord. No. 9, 1994, § 4, 8-1-94; Bk. 28, pp. 85-86)

Sec. 6-39 Through Sec. 6-41 Reserved for Future Use.

ARTICLE 6. MASSAGE PARLORS AND ADULT ENTERTAINMENT BUSINESSES.

Sec. 6-42    Purpose of Regulations.

It is recognized by the citizens and officials of the City of Attica that certain massage parlors and adult entertainment businesses, by their very nature, are objectionable and have a negative impact on values of property and quality of life within the City of Attica, Indiana, and it is recognized that Indiana law allows the City of Attica, Indiana, to regulate such businesses so as to prevent the financial downgrading of neighborhoods and businesses and to protect the well being of the youth of our community. (Ord. No. 21, 1989, § 1, 11-6-89; Bk. 27, pp. 111, et seq.)

Sec. 6-43    Definitions.

As used in this Article, the following terms shall have the following definitions:

a.   ADULT ENTERTAINMENT BUSINESS means an adult bookstore, adult cabaret, adult drive-in theater, adult live entertainment arcade, adult mini motion picture theater, adult motion picture arcade, adult motion theater or adult service establishment.

b.   ADULT BOOKSTORE means an establishment having as more than twenty percent (20%) of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representation which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

c.   ADULT CABARET means a nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

d.   ADULT DRIVE-IN THEATER means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

e.   ADULT LIVE ENTERTAINMENT ARCADE means any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.

f.   ADULT MINI MOTION PICTURE THEATER means any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

g.   ADULT MOTION PICTURE ARCADE means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

h.   ADULT MOTION PICTURE THEATER means any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

i.   ADULT SERVICE ESTABLISHMENT means any building, premises, structure or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas.

j.   SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES OR DISPLAY OF SPECIFIED ANATOMICAL AREAS, as used in the definition of "adult service establishment" means and includes any of the any of the following activities:

1.   The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;

2.   The presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons;

3.   The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas;

4.   Live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and

5.   The operation of a massage establishment.

k.   SPECIFIED ANATOMICAL AREAS means and includes any of the following:

1.   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

l.   SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:

1.   Human genitals in a state of sexual stimulation or arousal;

2.   Acts of human masturbation, sexual intercourse or sodomy;

3.   Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;

4.   Flagellation or torture in the context of a sexual relationship;

5.   Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.   Erotic touching, fondling or other such contact with an animal by a human being; or

7.   Human excretion, urination, menstruation, vaginal and/or anal irrigation as part of or in connection with any of the activities set forth in "a" through "f' above.

m.   MASSAGE ESTABLISHMENT means any establishment having a source of income or compensation derived from the practice of massage as herein defined and which has a fixed place of business where any person, firm, association or corporation engages in, or carries on any of the activities as defined in a massage.

n.   MASSAGE means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his behalf will pay money or give any other consideration or any gratuity therefore. However, massage as used in this Article shall not apply to the activity of any person who is registered or licensed by the United States Government or any agency thereof, by the State of Indiana or any agency thereof, by the City of Attica or any agency thereof, or registered or licensed by any agency or association authorized to so register or license by any statute or ordinance of the United States, State of Indiana, or City of Attica, while such person so registered or licensed is performing the services for which the registration or license was issued and during the period of time said registration or license is in effect. Ord. No. 21, 1989, § 2, 11-6-89; Bk. 27, pp. 111, et seq.)

Sec. 6-44    Zoning Restrictions.¹¹

¹¹Editor's Note: The Zoning Ordinance is set forth in Chapter 10 of the Attica City Code.

The Zoning Ordinance of the City of Attica shall be amended to provide that an adult entertainment business, including massage establishments, shall be permitted in accordance with this Article, only as a conditional use, and only in B-2 general business areas, and further subject to the restrictions contained herein. (Ord. No. 21, 1989, § 3, 11-6-89; Bk. 27, pp. 111, et seq.)

Sec. 6-45    One Thousand Foot (1,000') Restrictions.

The establishment of any adult entertainment business shall be prohibited if such business is within one thousand feet (1,000') of any other such adult entertainment business or within one thousand (1,000) feet of the property line of any church, public or private school, library, public park, or the boundary line of any residentially zoned or conservational zoned district within the City of Attica, Fountain County, Indiana. The distances herein named shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of each such entity. (Ord. No. 21, 1989, §3, 11-6-89; Bk. 27, pp. 111, et seq.)

Sec. 6-46    Severability.

If any provision or clause of this Article or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any Court of competent jurisdiction, such decision shall not affect other Article provisions or clauses or applications thereof which can be implemented without the unconstitutional or invalid provision, and to this and the provisions and clauses of this Article are declared to be severable. (Ord. No. 21, 1989, § 4, 11-6-89; Bk. 27, pp. 111, et seq.)

Sec. 6-47    Penalty.

Anyone violating any of the provisions of this Article shall be subject to the penalty provisions set forth n Sec. 1-17 of this Attica City Code.

Sec. 6-48 Through Sec. 6-49 Reserved for Future Use.

ARTICLE 7. ANIMAL REGULATIONS.¹²

¹²Indiana Code, § 36-8-2-6, authorizes the City to regulate animals.

DIVISION I. GENERAL PROVISIONS.

Sec. 6-50    Definitions.

The following words and phrases when used in this Article shall have the meanings respectively ascribed to them in this section unless the context otherwise indicates.

a.   ANIMAL as referred to in this Article shall primarily mean all members of the canine, feline, and rodent families. Also any animal domestic, domesticated or wild, the keeping or harboring of which might violate any section hereof. ¹³

¹³Indiana Code, § 15-2.1-2-15, defines "domestic animal."

b.   OWNER shall mean any person or persons, fire association, fraternal group or corporation owning, keeping or harboring an animal.

c.   AT LARGE shall mean off the premises of the owner while not under the control of the owner or other person by leash, cord, chain or other device of actual physical restraint or under the control of the owner or other person who has the ability to control the animal by voice command.

d.   ABANDONMENT shall mean the voluntary relinquishment of possession by the owner with the intention of terminating his or her ownership but without vesting it in any other person.

e.   DANGEROUS ANIMAL shall mean any animal:

1. That has displayed behavior which constitutes a threat to human beings;

2. That has attacked any person in a matter such as to threaten bodily injury to such person; or

3. Bitten any animal causing bodily injury; and who has been found to be a dangerous animal pursuant to the provisions for an administrative hearing set forth herein.

f.   NUISANCE as used in this Article shall mean a condition which arises by an animal emitting noises consistently so as to disturb the peace and quiet of the neighborhood, or who consistently or at intervals, chases bicycles, automobile or pedestrians on the streets and sidewalks of the city, or any other condition created by an animal which would destroy or deface shrubbery, gardens, lawns, or flowers, or which might result in the general discomfort of citizens in the community where such animal is harbored. (Ord. No. 2, 1989, § 6-1, 5-15-89; Bk. 27, p. 67)

Sec. 6-51 Through Sec. 6-53 Reserved for Future Use.

DIVISION II. ANIMAL LICENSE REGULATIONS.

Sec. 6-54    License Required for Canines.

All animals in the canine family kept within the limits of said City shall be licensed annually January 1, through December 31, and shall be required to wear at all times a license tag for the current calendar year. (Ord. No. 2, 1989, § 6-2, 5-15-89; Bk. 27, p. 67)

Sec. 6-55    License Fees.

The license shall be issued by the City Clerk-Treasurer at an annual fee of five dollars ($5.00) for each neutered male and spayed female and ten dollars ($10.00) for each unneutered male and unspayed female. (Ord. No. 23, 1989, § 1, 12-18-89; Bk. 27, pp. 121-122)

Sec. 6-56    Rabies Inoculation Required.¹⁴

¹⁴Indiana Code, § 15-2.1-6-1, et seq., addresses rabies quarantine procedures and health care requirements.

It shall be required that such dog for which the license tag is sought shall first be inoculated against the disease of rabies by a qualified veterinarian, within the current year or within a period of one (I) year and that a certificate providing evidence of such inoculation issued by such veterinarian shall be produced.

If a dog has not been inoculated against rabies, as required for licensure, the dog will be released to the owner, who has forty-eight (48) hours to meet this requirement and obtain a license. If this is not done, said owner shall be ordered to appear in the City Court to answer charges of violation of this Article. (Ord. No. 2, 1989, § 6-4, 5-15-89; Bk. 27, p. 67)

Sec. 6-57    Dog License Exemptions.

The provisions of this section shall not apply to dogs whose owners are non-residents temporarily within the city for a period not to exceed thirty (30) days, nor to dogs brought into the city for the purpose of participating in any dog show, nor to seeing-eye dogs trained to assist blind persons when such dogs are actually used for such purposes. (Ord. No. 2, 1989, § 6-5, 5-15-89; Bk. 27, p. 67)

Sec. 6-58    Application for License.

The owner shall state at the time of making application for such license and upon the forms provided for such purpose, the owner's name and address and the dog's name, breed, color, and sex. (Ord. No. 2, 1989, § 6-6, 5-15-89; Bk. 27, p. 67)

Sec. 6-59    Duplicate Dog Tags.

In case a dog license tag be destroyed or lost, a duplicate tag shall be issued by the City Clerk-Treasurer upon the payment of one dollar ($1.00) for each duplicate. (Ord. No. 2, 1989, § 6-7, 5-15-89; Bk. 27, p. 67)

Sec. 6-60    License Non-transferable.

Dog license tags shall not be transferable from one dog to another and no refunds shall be made on any dog licenses because of the death of the dog or for any other reason.

Sec. 6-61 Through Sec. 6-63 Reserved for Future Use.

DIVISION III. ANIMAL CARE REGULATIONS.

Sec. 6-64    Running at Large Prohibited.¹⁵

¹⁵ Indiana Code, § 15-2.1-21-8, addresses recklessly permitting a domestic animal to run at large.

a.   It shall be unlawful for any person being the owner of or having immediate custody of any animal whether taxed or untaxed, to suffer or permit such animal to run at large in the city.

b.   Whenever any police officer or other person designated by the Council shall find any dog or cat running at large as defined in this Article, he or she shall, if possible, pick up and impound such animal in such place as the Council may direct.

Sec. 6-65    Impoundment Fees.

a.   Whenever any impounded dog or cat shall bear an identification mark such as a collar or licensed tag, the owner shall be notified forthwith. An owner may reclaim such dog or cat upon payment to the Clerk-Treasurer the reasonable cost of keeping such dog or cat an impounding fee of ten dollars ($10.00) for the first impoundment and of twenty dollars ($20.00) and forty dollars ($40.00) for the second and third impounding respectively in a one year period of time. The owner must reclaim such dog or cat within a period of ten (10) days from the date of the impoundment. An owner that does not reclaim such dog or cat will be assessed, and must pay, the sum of fifteen dollars ($15.00) for the humane destruction of said dog or cat.

b.   If no owner claims the impounded dog or cat, said animal shall be disposed of in a humane manner.

c.   If an impounded dog or cat is unlicensed as required by Division II, the owner must immediately purchase, along with the impounding fee as identified above, a license at twice the normal license fee. (Ord. No. 2, 1989, § 6-9a, 5-15-89; Bk. 27, p. 67)

Sec. 6-66    Animals in Heat - Confinement.

All owners shall confine within a building or secure enclosure any dog, cat, or other animal when in heat or rutting; and it shall be unlawful for any owner to remove such dog, cat or other animal from such building or enclosure at any time so as to permit contact with another animal except for controlled breeding purposes. (Ord. No. 2, 1989, § 6-9b, 5-15-89; Bk. 27, p. 67)

Sec. 6-67    Abandonment of Animals.¹⁶

¹⁶Indiana Code, § 35-46-3-7, defines cruelty to an animal as a Class B misdemeanor.

It shall be unlawful for any owner of any animal to abandon the same within the corporate limits of the City. (Ord. No. 2, 1989, § 6-10, 5-15-89; Bk. 27, p. 67)

Sec. 6-68    Nuisance Animals.

a.   It shall be unlawful for any person to harbor or keep within the city any animal covered by this Article that creates a nuisance.

b.   Persons possessing or keeping an animal which creates a nuisance as defined by this Article, shall be given a written notice of such animal. Upon receipt of the written notice, the owner shall secure the animal or take whatever steps are necessary to prevent the animal from creating the nuisance complained about. Upon a fmding of the violation of this Article, after the written notice has been given to the owner, the owner of such animal shall be subject to a penalty as set forth herein Division VII. (Ord. No. 2, 1989, § 6-11, 5-15-89; Bk. 27, p. 67)

Sec. 6-69    Cattle, Poultry, Swine, Sheep, Goats, Horses and Ponies Declared Nuisance - Exceptions.

The keeping of any poultry, swine, sheep, goats, cattle, horses or ponies within the corporate limits of the City is declared to be a nuisance, except individuals enrolled in a 4-H program shall be entitled to keep as a 4-H project up to six (6) rabbits. (Ord. No. 8, 1995, § 1, 8-7-95; Bk. 28, p. 144)

Sec. 6-70    Dangerous Animals Prohibited

It shall be unlawful for any person to harbor or keep within the City any animal covered by this Article that is dangerous. (Ord. No. 23, 1989, § 2, 12-18-89; Bk. 27, pp. 121-122)

Sec. 6-71    Determination Hearing Before Attica City Court.

a.   A determination hearing shall be held by the Judge of the Attica City Court to determine whether there is cause to believe that an animal is a dangerous animal as defined in Sec. 6-50. Such hearing shall be conducted within five (5) days of serving notice to the owner by certified letter or personal delivery.

b.   During the outcome of such a hearing, the animal must be secured and confined in a humane manner either on the premises of the owner or with a licensed veterinarian.

c.   The Judge of the Attica City Court shall determine whether to declare the animal to be "dangerous" based upon the evidence and testimony presented at the time of the hearing by the owner, witnesses to any incidents which may be considered germane, health department personnel, animal control personnel, police or any other person possessing information pertinent to such determination. The hearing shall be informally conducted and technical rules of evidence shall not apply, except that the Judge of the Attica City Court shall have discretion to exclude irrelevant and unduly repetitious evidence.

d.   The Judge of the Attica City Court shall issue written findings within five (5) days after the hearing. The owner or possessor of the animal found to be dangerous by such hearing shall have the right to appeal the decision within ten (10) days to the Fountain Circuit Court.

e.   In making a determination that an animal is or is not dangerous, evidence to the following shall be considered:

(Ord. No. 23, 1989, § 2, 12-8-89; Bk. 27, pp. 121-122)

Sec. 6-72    Owning an Animal Determined to be Dangerous Prohibited - Penalty.

a.   It shall be unlawful for any person to have owned, possessed or harbored any animal declared by the Judge of the Attica City Court, after a hearing, to be dangerous.

b.   Any person who has owned, possessed or harbored any animal declared by the Judge of the Attica City Court, after a hearing, to be dangerous, shall be guilty of a misdemeanor and upon conviction shall be fined the sum of not less than five dollars ($5.00) nor more than two hundred fifty dollars ($250.00). In addition, upon finding any animal to be dangerous, the Judge of the Attica City Court shall incorporate into its findings, the Judge's determination concerning the disposition of said dangerous animal. Said disposition shall include, but not necessarily be limited to, securing said animal, requiring said animal to be retrained, removal of the animal from the city limits, or providing for the animal to be humanely destroyed. Any and all costs incurred by the City of Attica as a result of any animal being found to be a dangerous animal shall be taxed against the person who owned, possessed, or harbored said animal. (Ord. No. 23, 1989, § 2, 12-8-89; Bk. 27, pp. 121-122)

Sec. 6-73    Impoundment and Confinement of an Animal Alleged to be Dangerous.

Any animal alleged to be a dangerous animal shall be impounded and confined in the City Pound prior to the determination hearing, as required by Sec. 6-71, if said animal is either unlicensed, without proof of rabies inoculation, or not in physical control and restraint by its owner. (Ord. No. 7, 2003, § 1, 9-8-03)

Sec. 6-74    Reserved for Future Use.

DIVISION IV. COMPLAINTS AND ENFORCEMENT.

Sec. 6-75    Procedure for Handling Complaints.

It may be required of any person or persons complaining to the Police Department, of dogs and other domestic animals violating any section or sections of this Article to sign a complaint form provided said Police Department, describing said animal, the violation, the location of said violation, and make known to said Police Department, the owner or owners of said animal if known by complainant. (Ord. No. 2, 1989, § 6-13, 5-15-89; Bk. 27, p. 67)

Sec. 6-76    Police to Enforce.

It shall be the duty of the Chief of Police and/or his or her assistants to enforce the provisions of this Ordinance and, at their discretion, to order the impoundment of all animals not conforming to this Article. (Ord. No. 2, 1989, § 6-14, 5-15-89; Bk. 27, p. 67)

Sec. 6-77    Release - License Tags Required.

A further requirement for release of canines is that the owner must produce, and have attached to the dog, a city license tag as provided under Sec. 6-54. (Ord. No. 2, 1989, § 6-15, 5-15-89; Bk. 27, p. 67)

Sec. 6-78    Clerk-Treasurer to Issue Receipts.

The Clerk-Treasurer will provide the necessary receipts to the owner, upon presentation of the required receipts, and said dog shall be released from impoundment to the owner. (Ord. No. 2, 1989, § 6-16, 5-15-89; Bk. 27, p. 67)

Sec. 6-79    Disposition of Unclaimed Dogs.

All impounded dogs not redeemed within ten (10) days may be destroyed in a humane manner. All such fees paid to the Clerk-Treasurer shall revert to the general fund. (Ord. No. 2, 1989, § 6-17, 5-15-89; Bk. 27, p. 67)

Sec. 6-80 Through Sec. 6-81 Reserved for Future Use.

DIVISION V. RABIES QUARANTINE.

Sec. 6-82    Police to Order Confinement.

It shall be the duty of the Chief of Police and/or his or her assistants to order the confinement of and quarantine of every animal which bites any person or other animal for a period of fourteen (14) days for observation for rabies. Such confinement and quarantine shall be the responsibility of the owner or owners of such animal. Upon demand by the Police Department, the owner shall surrender such animals for impoundment and quarantine at the local Humane Shelter or at a veterinary hospital. (Ord. No. 2, 1989, § 6-18, 5-15-89; Bk. 27, p. 67)

Sec. 6-83    Proof of Impoundment and Quarantine.

Proof of impoundment and quarantine shall be certified in writing on Police Department form by the impounding veterinarian or official of the local Humane Shelter. Such certification shall be provided to the Police Department within twenty-four (24) hours after the impounding order. (Ord. No. 2, 1989, § 6-19, 5-15-89; Bk. 27, p. 67)

Sec. 6-84 Through Sec. 6-87 Reserved for Future Use.

DIVISION VI. KEEPING OF NUMEROUS ANIMALS IN THE CITY.

Sec. 6-88    Unlimited Number of Dogs and Cats Declared a Nuisance.

The keeping of an unlimited number of dogs and cats in the City for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance. (Ord. No. 2, 1989, § 6-20, 5-15-89; Bk. 27, p. 67)

Sec. 6-89    Maximum Number of Dogs and Cats Allowed.

It shall be unlawful for any person or persons to keep more than two (2) dogs or two (2) cats within the city in a yard, pen or building other than the dwelling house of the ov ner, with the exception that a litter of pups or litter of kittens may be kept for a period of time not exceeding five (5) months from birth. (Ord. No. 2, 1989, § 6-20, 5-15-89; Bk. 27, p. 67)

Sec. 6-90 Through Sec. 6-93 Reserved for Future Use.

DIVISION VII. ENFORCEMENT.

Sec. 6-94    Unlawful Interference.

It shall be unlawful for any person to hinder, molest or interfere with any person authorized to perform any duty described in this Ordinance. (Ord. No. 2, 1989, § 6-21, 5-15-89; Bk. 27, p. 67)

Sec. 6-95    Violations and Penalties.

a.   Any person violating or failing to comply with this Article, and any person failing to have the dog inoculated against rabies after release from impoundment, as stated in Sec. 6-79, shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

b.   The court, at its discretion, however, upon the conviction of any person violating this ordinance, may order any dog turned over to the local Humane Society to be disposed of by said Society in a humane manner.

c.   A violation of this Article may be enjoined upon a showing of immediate danger to any person.

Sec. 6-96 Through Sec. 6-99 Reserved for Future Use.

ARTICLE 8. FIRE PROTECTION CODE.¹⁷

¹⁷Indiana Code, § 13-7-1-4, defines "air pollution"; and Indiana Code, § 13-7-1-15, defines "opening burning."

DIVISION I. OVERALL REGULATIONS.

Sec. 6-100    Adoption of the Fire Prevention Code.

a.   The National Fire Protection Code, as promulgated by the National Board of Fire Underwriters, is adopted as the Fire Prevention Code for the City of Attica. (Municipal Code of Atticca, Indiana, 1967, § 11-1)

b.   Two (2) copies of said code are available for public inspection in the Office of the Clerk-Treasurer and the Office of the Fire Chief during regular business hours.

Sec. 6-101    Inspections by Fire Department-Report to Board of Public Works and Safety.

a.   The Chief of the Fire Department, or his or her authorized designee, is empowered to at all times enter into any house, building, cellar or place that shall be kept, maintained or permitted to remain within the corporate limits of the city in such a manner as shall be a menace to public safety from fire, or to enter any such house, building, cellar or place as he or she shall have reasonable cause to believe to be so kept, maintained or permitted to remain.

b.   The Chief is clothed with police authority to enable him or her to discharge such duty.

c.   It shall be the further duty of the Chief, or his or her authorized designee, whenever upon examination, he or she shall determine that any such house, building, cellar or place has become a menace to public safety from fire, to immediately notify the owners or occupants of such house, building, cellar or place to at once remedy or remove the menace.

d.   The Chief, or his or her authorized designee, shall make written report of his or her action to the Board of Public Works and Safety. (Municipal Code of Attica, Indiana, 1967, § 11-7)

Sec. 6-102 Through See. 6-104 Reserved for Future Use.

DIVISION II. FIREWORKS REGULATIONS.¹⁸

¹⁸Indiana Code, § 22-1 1-14-1, et seq., address the fireworks regulations by the State Fire Marshal; and Title 16 of the Code of Federal Regulations § 1507, addresses "common fireworks."

Sec. 6-105    Selling of Unlawful Fireworks Prohibited.

It shall be unlawful for any person to sell or offer for sale any fireworks, firecrackers, bombs or any other fireworks of any nature within the City.
(Municipal Code of Attica, Indiana, 1967, § 11-2)

Sec. 6-106    Shooting of Fireworks Unlawful.

It shall be unlawful for any person to shoot or set-off any firecrackers, fireworks of any nature whatsoever within the limits of the city.
(Municipal Code of Attica, Indiana, 1967, § 11-3)

Sec. 6-107    Authorized Displays-Exception.

The provisions of Sec. 6-106 shall not apply to the licensed and supervised display of fireworks.
(Municipal Code of Attica, Indiana, 1967, § 11-4)

Sec. 6-108    Prerequisites for a Display-Bond Requirements.

Any person desiring to have an organized display of fireworks shall be required to provide the following:

a.   Obtain a permit from the Chief of the Fire Department;

b.   Said permit must be signed by the State Fire Marshal of the State of Indiana;

c.   Said display must be under the direct supervision of the Chief of the Fire Department; and

d.   Bond in the amount of five hundred dollars ($500.00) shall be filed with the City Clerk-Treasurer.
(Municipal Code of Attica, Indiana, 1967, § 11-5)

Sec. 6-109    Violations.

Any person violating any of the provisions of Sec. 6-105 through 6-108 of this Chapter shall be guilty of a misdemeanor.
(Municipal Code of Attica, Indiana, 1967, § 11-6)

Sec. 6-110    Burning Restrictions.

a.   Open burning within the City of Attica is prohibited except as allowed herein.

b.   OPEN BURNING is hereby defined as set forth in 326 Indiana Administrative Code § 4-1-0.5(6) as the burning of any materials wherein air contaminants resulting from combustion are emitted into the air, without passing though a stack or chimney from an enclosed chamber.

c.   The following types of fires, subject to the conditions set forth in rhetorical paragraph g., are allowed:

1.   Maintenance burning;

2.   Private residential burning;

3.   Recreational or ceremonial fires;

4.   Burning, for the purpose of heating, clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate combustion and has enclosed sides and a bottom;

5.   Prescribed burning by the Indiana Department of Natural Resources or the U.S. Forest Service;

6.   Burning by fire fighters to create fire breaks to extinguish an existing wildfire; or

7.   Burning clean petroleum products for fire extinguisher training.

d.   A person may open burn the following for maintenance purposes:

1.   Vegetation (from a farm, nursery, orchard, tree farm, cemetery [see Indiana Code § 3-17-9-1(a)(1)] or draining ditch);

2.   Wood products derived from pruning or clearing a roadside by a county highway department;

3.   Wood products derived from the initial clearing of a public utility right-of-way in an unincorporated area; and/or

4.   Undesirable wood structures on real property, or wood remnants of the demolition of such a structure originally located on real property, located in an unincorporated area. Asbestos containing materials must be removed and may not be burned.

e.   1.   Open burning at a private residence should not be construed to mean the on-site open burning of construction debris associated with the construction of a private residence. Private residential (buildings with four (4) or fewer dwelling units, but not apartment or condominium complexes or mobile home parks) open burning is permitted, but only in accordance with the following rules:

a.   Only clean wood products (woody vegetation, or wood which is not coated with stain, paint, glue or other coating material, and not treated lumber) may be burned.

b.   Materials may only be burned in a noncombustible container that is sufficiently vented to induce adequate combustion and has enclosed sides and a bottom; burning on the ground is illegal.

c.   Burning must be done during safe weather conditions, not during high winds or on pollution alert days.

d.   Burning must be done during the hours of 10:00 a.m. and 4:00 p.m.

e.   Fires must be attended until completely extinguished.

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

g.   Fire fighting equipment adequate for the size of the fire must be nearby.

h.   Burning activities also must comply with all other federal, state and local laws, rules and ordinances.

2.   Although, as outlined above, the open burning of certain household wastes such as clean wood products (woody vegetation, or wood which is not coated with stain, paint, glue or other coating material, and no treated lumber) may be burned under the appropriate conditions, burning of other types of household waste, such as paper, cardboard, various types of plastic, or leaves is not allowed.

f.   Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes, such as campfires, are permitted without daylight hours burning restrictions, subject to the following conditions:

1.   Clean wood, charcoal, paper or petroleum products are burned;

2.   The local fire department was notified twenty-four (24) hours in advance if the pile to be burned is more than one hundred twenty five (125) cubic feet (5 ft. x 5 ft. x 5 ft.);

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

4.   The pile to be burned is less then one thousand (1,000) cubic feet (10 ft. x 10 ft. x 10 ft.);

5.   The fire is not for disposal purposes; and

6.   The fire is not within five hundred feet (500') of a pipeline or fuel storage area.

g.   All of the various allowable open burning activities as set forth above can only be performed under certain conditions, including that:

1.   Burning must be done during safe weather conditions not during high winds, temperature inversion, or on pollution alert days.

2.   Burning must be done between the hours of 10:00 a.m. and 4:00 p.m. (except for recreational or ceremonial fires);

3.   Fires must be attended until completely extinguished;

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

5.   Fire fighting equipment adequate for the size of the fire must be nearby;

6.   Burning activities also must comply with all other federal, state and local laws, rules and ordinances.
(Ord. No. 15, 2002, 12-9-02)

Sec. 6-111    Reserved for future use.

Sec. 6-112    Penalty.

Anyone violating any of the provisions of this Division shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 6-113    Reserved for Future Use.

DIVISION III. INFLAMMABLE LIQUIDS.

Sec. 6-114    Certain Inflammable Liquids Prohibited as Residential Storage.

The storage of benzine, benzol, gasoline, naphtha and their compounds in any home or residence is forbidden. (Municipal Code of Attica, Indiana, 1967, § 11-8)

Sec. 6-115    Storage Limitations in Private Garages.

The storage in private garages of benzine, benzol, gasoline, naphtha and their compounds is limited to approved sealed containers or safety cans and shall not exceed an aggregate total of five (5) gallons. (Municipal Code of Attica, Indiana, 1967, § 11-9)

Sec. 6-116 Through See. 6-117 Reserved for Future Use.

DIVISION IV. FALSE ALARMS.

Sec. 6-118    False Alarms Prohibited.

It shall be unlawful for any person to give or attempt to give or cause to be given a false alarm of fire. (Municipal Code of Attica, Indiana, 1967, § 11-10)

Sec. 6-119    Violations and Penalties.

Any person violating any of the provisions of this Division shall be fined pursuant to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 6-120 Through See. 6-121 Reserved for Future Use.

DIVISION V. LIQUID PETROLEUM REGULATIONS.

Sec. 6-122    State Fire Marshal Rules to Govern.

The installation, use, handling and storage of liquefied petroleum gasses within the territorial jurisdiction of the city shall be regulated and governed by the rules and regulations therefor, adopted by the State Fire Marshal of the State of Indiana, on the 28th day of April, 1947, as amended. (Municipal Code of Attica, Indiana, 1967, § 17-1)

Sec. 6-123    Prior Inspection Required for New Installations.

Any person intending to install, use, handle or store liquefied petroleum gasses within the territorial jurisdiction of the city, shall prior to the actual installation, use, handling or storage of said liquefied petroleum gasses, apply to and request the Chief of the Fire Department, or his or her duly authorized representative, to inspect the premises upon which such installation, use, handling and storage of said liquefied petroleum gasses with reference thereto. (Municipal Code of Attica, Indiana, 1967, § 17-2)

Sec. 6-124    Inspector to Issue Permits.

If said premises and the proposed installation, use, handling or storage of said liquefied petroleum gasses thereon shall be in accordance with the result with the rules and regulations provided in Sec. 6-122, herein, said Inspector or his or her duly authorized representative shall give written authorization for the issuance of a permit to the applicant for the use, installation, handling and storage of the liquefied petroleum gasses on the premises. (Municipal Code of Attica, Indiana, 1967, § 17-3)

Sec. 6-125    Inspection by Fire Chief Required for Old Installations.

All persons having thereto before installed and presently are using, handling or storing liquefied petroleum gasses within the territorial jurisdiction of the city shall within ninety (90) days from the effective date of this Article, apply to and request the Chief of the Fire Department, or his or her duly authorized representative, to inspect said premises and examine the installation, use, handling or storage of liquefied petroleum gasses thereon. (Municipal Code of Attica, Indiana, 1967, § 17-4)

Sec. 6-126    Inspector to Issue Permits.

If the installation, use, handling or storage of said liquefied petroleum gasses shall conform to the rules and regulations provided in Sec. 6-122, hereof, the Inspector or his or her duly authorized representative, shall give written authorization for the issuance of a permit to the applicant for the continued installation, use, handling or storage of the liquefied petroleum gasses on the premises. (Municipal Code of Attica, Indiana, 1967, § 17-5)

Sec. 6-127    Procedure for Remedying Defects.

In the event the present installation, use, handling or storage of the liquefied petroleum gasses shall not conform to the rules and regulations of § 6-122, hereof, said applicant shall be given notice thereof and shall, within ninety (90) days after and from the date of the notice, alter the installation, use, handling or storage of the liquefied petroleum gasses on the premises and conform to the rules and regulations therefor, as provided in Sec. 6-122 hereof.
(Municipal Code of Attica, Indiana, 1967, § 17-6)

Sec. 6-128    Fire Chief to Inspect.

a.   The Chief of the Fire Department of the city, or his or her duly authorized representative shall conduct all inspections and examinations.

b.   The Clerk-Treasurer shall issue all permits for the installation, use, handling or storage of liquefied petroleum gasses within the territorial jurisdiction of the city.

c.   No charge shall be made for the inspection or examination or for the issue of any permit herein provided.
(Municipal Code of Attica, Indiana, 1967, § 17-7)

Sec. 6-129    Violations and Penalties.

Any person violating any provisions of this Division shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

DIVISION VI. REIMBURSEMENT FOR RESPONSE TO HAZARDOUS MATERIAL INCIDENTS.

Sec. 6-130    Definitions.

a.   PERSON. An individual, partnership, co-operative, firm, company, corporation, association, trust, estate, government entity, or any other legal entity or their legal representatives, agents, or assigns.

b.   RESPONSIBLE PARTY. The person liable for reimbursement for costs, fees, and expenses associated with operation of The Attica Fire Department responding to a hazardous material incident.

c.   HAZARDOUS SUBSTANCE. Any substance or mixture of substances which is toxic, corrosive, or irritant, strong sensitizer, flammable, combustible or which generates pressure through decomposition, heat or other means and which may cause substantial person injury or illness during or as a proximate result of any customary or reasonable anticipated any radioactive substance if the Director of Public Health of the State of Indiana regulation that the substance is sufficiently hazardous to require labeling in order to protect the public health. All other terms herein shall be defined as set forth in Indiana Code Title 13, Article 6, Chapter 2, Reimbursement for Hazardous Materials Emergency Action and Indiana Code Title 13, Article 7, Chapter 37, Emergency Planning and Notification.
(Ord. No. 1, 2001, 3-12-01)

Sec. 6-131    Reimbursement to Fire Department; Objections.

a.   Any person that uses, stores, handles, transports, or disposes of any dangerous, hazardous, or toxic substances or materials or any substances or materials reasonably believed to be dangerous, hazardous, or toxic in such a fashion or manner so as to necessitate a response by the Attica Fire Department shall be liable to the Attica Fire Department for reimbursement of the costs, fees, and expenses made necessary by such response pursuant to the provisions of this ordinance.

b.   Costs, fees and expenses shall include the replacement cost for any equipment or supplies which are damaged, lost, spent, destroyed, rendered irreplaceable, or "used up" in responding to or managing the incident. Cost incurred shall include any and all reasonable costs and expenses incurred by the fire departments, its agencies, representatives, responding to the incident. Costs include but are not limited to contractual services, wages, salaries, damaged or destroyed equipment, spill control supplies, protective clothing, fire fighting or vapor suppressing foam, clean up activities, medical care and medical supplies. When reimbursement is requested for damaged or destroyed equipment, spill control supplies, protective clothing, fire fighting or vapor suppressing foam, cost will be calculated at the replacement value, not the depreciated value.

c.   The Attica Fire Department involved with a hazardous materials incident shall prepare a billing pursuant to this Ordinance and shall submit such billing to the party responsible for paying the costs, fees, and expenses identified in this Ordinance no later than thirty (30) days following any reimbursable responses by the Attica Fire Department.

d.   The person/business responsible for reimbursing the Attica Fire Department under the provisions of this section shall tender payment in satisfaction of the aforementioned billing no later than thirty (30) days following receipt of the billing prepared and issued.

e.   Failure to reimburse in full the Attica Fire Department within the aforementioned thirty (30) days, shall subject the responsible party to a delinquent fee of one and one-half percent (1.5%) per month on the unpaid balance.

f.   If a person objects to the aforementioned billing by the Attica Fire Department involved with a hazardous materials incident, the responsible party must file with the Attica Board of Works a written objection to the billed amount. Upon receipt of such written objection, the Board of Works shall place the matter on the agenda of its next regularly scheduled meeting and shall allow the responsible party an opportunity to object to the billing. The Board of Works shall then deliberate and issue a written opinion concerning the appropriateness of the billed amount. If the responsible party objects to the decision of the Board of Works, a petition requesting judicial review of the decision of the Board of Works shall be filed with the Fountain Circuit Court no later than thirty (30) days from the date of the decision of the Board of Works. The decision of the Fountain Circuit Court shall be final unless the responsible party or the Fountain County Board of Commissioners appeal that decision pursuant to the appellate procedure for appeal of any civil matter.
(Ord. No. 1, 2001, 3-12-01)

ARTICLE 9. BICYCLE SAFETY REGULATIONS.⁹

⁹Editor's Note:  Footnote "9" (should be "19") was not found.

Sec. 6-132    Traffic Law Apply to Person Riding Bicycles.

These rules and regulations, all traffic laws of the State of Indiana, and all regulations set forth Chapter 8 of the Attica City Code, are applicable to bicycles as vehicles operated on public ways. However, when bicycles are not being propelled, the rider having dismounted, then pedestrian rules and regulations shall cover.
(Municipal Code of Attica, Indiana, 1967, § 3-1)

Sec. 6-133    Riding on Bicycles.

a.   A person propelling a bicycle shall not ride other than astride the permanent and regular seat attached thereto.

b.   No bicycle shall carry more persons than the number for which it was designed.
(Municipal Code of Attica, Indiana, 1967, § 3-2)

Sec. 6-133    Riding on Bicycles.

a.   A person propelling a bicycle shall not ride other than astride the permanent and regular seat attached thereto.

b.   No bicycle shall carry more persons than the number for which it was designed.
(Municipal Code of Attica, Indiana, 1967, § 3-2)

Sec. 6-134    Riding on Roadways.

A person propelling a bicycle shall not ride on a roadway more than two (2) abreast, shall keep to the right, and shall exercise due caution when passing a standing vehicle or one going in the same direction.
(Municipal Code of Attica, Indiana, 1967, § 3-3)

Sec. 6-135    Speed.

No person shall operate a bicycle at a greater speed than reasonably prudent to the existing conditions.
(Municipal Code of Attica, Indiana, 1967, § 3-4)

Sec. 6-136    Emerging Frown Driveways or Alleys.

Emerging from an alley or driveway, the operator of a bicycle shall yield the right of way to pedestrian and vehicular traffic.
(Municipal Code of Attica, Indiana, 1967, § 3-5)

Sec. 6-137    Attaching to Vehicles.

No person shall ride a bicycle and attach the same or himself or herself to any other vehicle upon a roadway.
(Municipal Code of Attica, Indiana, 1967, § 3-6)

Sec. 6-138    Carrying Articles.

No person riding a bicycle shall carry any article which prevents the keeping of at least one (1) hand on the handle bars; nor for any reason shall a bicycle be operated without at least one (1) hand on said handle bars.
(Municipal Code of Attica, Indiana, 1967, § 3-7)

Sec. 6-139    Restrictions on Riding on Sidewalks.

a.   No person shall ride a bicycle on the sidewalks within the business district.

b.   If riding elsewhere, the person shall yield the right of way to pedestrians and shall give an audible signal before overtaking the same.
(Municipal Code of Attica, Indiana, 1967, § 3-8)

Sec. 6-140    Parking Bicycles.

Bicycles shall be parked only parallel against curbs, or in racks, on side of or leaning against buildings in such a manner as to afford the least obstruction to pedestrian traffic.
(Municipal Code of Attica, Indiana, 1967, § 3-9)

Sec. 6-141    Signal Equipment Permitted.

Every bicycle shall be equipped with a bell or suitable signal device; sirens or whistles being prohibited. (Municipal Code of Attica, Indiana, 1967, § 3-10)

Sec. 6-142    Lamps on Bicycles Required.

Every bicycle when in use at night shall be equipped with a lamp on the front and a red light or reflector on the rear. (Municipal Code of Attica, Indiana, 1967, § 3-11)

Sec. 6-143    Compliance Required.

It is an ordinance violation for any person to do any act forbidden or fail to perform any act required by this Article. (Municipal Code of Attica, Indiana, 1967, § 3-12)

Sec. 6-144    Penalties.

Anyone violating any of the provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 6-145 Through Sec. 6-147 Reserved for Future Use.

ARTICLE 10. PUBLIC SAFETY REGULATIONS REGARDING TREES AND SHRUBS.

Sec. 6-148    City Authority Over Trees and Shrubs.

The city shall have charge, custody and control of all trees and shrubs growing now or hereafter near any street, highways or in any public place in the city. (Municipal Code of Attica, Indiana, 1967, § 36-1)

Sec. 6-149    Tree Care Regulations.

a.   It shall be the duty of each property owner abutting any street sidewalk or alley to keep trees properly trimmed to a height of at least nine feet (9'), so as not to interfere with pedestrian or vehicular traffic.

b.   It shall be the duty of each such property owner to remove dead limbs that may be doing damage to the buildings or property of either his or her own or his or her neighbor's property.

c.   Property owners are also responsible for the treatment and/or removal of diseased trees. (Municipal Code of Attica, Indiana, 1967, § 36-2)

Sec. 6-150    Regulations Governing the Planting of Trees and Shrubs-Permits.²⁰

²⁰Editor's Note: During the 1999 codification "fruit trees and poplars" were removed by the City of Attica from this section.

a.   No person shall plant or cause to be planted any tree, plant, or shrub in any parkways within the city without first obtaining a written permit from the Street Commissioner.

b.   In no case shall any person be allowed to plant any of the following plants, trees or shrubs or any derivation thereof:
 

c.   The surface of tree and lawn areas shall be as nearly level as practicable. Its grade shall be the top lines of the sidewalk and curb.

d.   Standards for Planting trees and shrubs. No tree or shrub shall be planted in a tree and lawn area having a width of less than five feet (5'). No hedge or shrubbery planted in the tree and lawn areas shall be permitted to grow more than three feet (3') in height. All trees planted in such areas shall be of healthy stock, not less than two inches (2") in caliper, and the lowest limbs of such trees shall not be less than ten feet (10') above the curb and sidewalk. No tree shall be planted less than thirty-five feet (35') from another tree. No tree or shrub in such areas of street intersections shall be planted less than fifteen feet (15') from the intersection of the curbs. No person shall plant trees within six feet (6') of a fire hydrant or in such manner as to obstruct the view of any streetlight, traffic sigh, signal device or street intersection.

e.   Every owner of real estate within the City shall remove or trim any tree or shrub or any part thereof located on such real estate or in the tree and lawn area in front of such real estate which may be dead, diseased, unsightly, in a condition which is injurious or detrimental to the public health and safety or the growth of adjacent trees or which may project over the public street or alley on which such real estate abuts in such a manner as to obstruct the free passage of vehicles or traffic, or pedestrians utilizing a public sidewalk. (Ord. No. 8-1999, 5-10-99)

Sec. 6-151    Failure to Comply - Removal by City.

a.   A written notice to remove diseased trees or properly trim trees shall be issued by the Clerk-Treasurer and served by the Chief of Police, or his or her authorized designee on said landowner, if he or she is a resident, or by registered mail addressed to his or her last known address if he or she is a non-resident.

b.   If the landowner fails to remove such trees or trim as required in said notice, the city shall perform such services.

c.   The Clerk-Treasurer shall make a certified statement of the actual cost incurred by the city in such service, which statement shall be delivered to the owner of such real estate by the Chief of Police, or his or her authorized designee, or by registered mail.

d.   Such owner shall have not more than ten (10) days within which to pay said amount to the Clerk-Treasurer of the city. (Municipal Code of Attica, Indiana, 1967, § 36-4)

Sec. 6-152    Procedure for Collection.

a.   If such owner fails to pay said sum within the time prescribed, a certified copy of the statement of costs shall be filed in the Office of the Auditor wherein said real estate is located.

b.   The Auditor shall place the amount so claimed on the tax duplicate against the lands of the landowner affected by said work.

c.   The same shall be collected as taxes are collected, and when so collected shall be disbursed to the General Fund of the city. (Municipal Code of Attica, Indiana, 1967, § 36-5)

Sec. 6-153 Through See. 6-154 Reserved for Future Use.

ARTICLE 11. PUBLIC SAFETY REGULATIONS ADDRESSING SIGNS.²¹

²¹Editor's Note: Ord. No. 5, 1996, passed on June 10, 1996 repealed § 30-2 addressing the posting of handbills and advertisements.

Sec. 6-155    Maximum Heights of Signs Established.

It shall be unlawful for any person to place any sign, signpost, or awning; or to fly any banner or sign on, in or over or across any sidewalk of the city, where the bottom of said sign, signpost, awning or banner is less than seven feet (7') from the surface of the sidewalk. (Municipal Code of Attica, Indiana, 1967, § 30- 1)

Sec. 6-156    Removal of Signs in Violation.

It is made the duty of the police officers of the city, when directed to so do by the Board of Public Works and Safety, or other properly constituted authority, to remove all obstructions from the streets and sidewalks of the city, erected, constructed or maintained in violation of Section 6-155 of this Article. (Municipal Code of Attica, Indiana, 1967, § 30-3)

Sec. 6-157    Placement of Signs and Advertisement on Private Property.

It shall be unlawful for any person to post, attach or in any manner affix any sign or advertisement to any building or other structure located on private property without the expressed consent of the owner. (Municipal Code of Attica, Indiana, 1967, § 30-4)

Sec. 6-158    Posting of Notices and Signs on Utility Poles Prohibited.

It shall be unlawful for any person to affix in any manner any sign, advertisement or such other material to any utility post or pole within the city, provided this shall not apply to legal or judicial notices. (Municipal Code of Attica, Indiana, 1967, § 30-5)

Sec. 6-159    Violations and Penalties.

Any person violating any of the provisions of this Article shall be subject to the penalty provisions set forth in Sec. 1-17 of this Attica City Code.

Sec. 6-160 Through Sec. 6-161 Reserved for Future Use.

ARTICLE 12. UNSAFE CONDITIONS, BUILDINGS AND STRUCTURES.²²

²²Indiana Code, § § 36-7-9-1 through 36-7-9-28, address unsafe buildings and the enforcement of building standards.

Sec. 6-162    State Law Incorporated by Reference Regarding Unsafe Buildings.

Indiana Code, §§ 36-7-9-1 through 36-7-9-28 is incorporated by reference in the City of Attica Unsafe Building Law. All proceedings within the City of Attica for inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this ordinance. In the event the provisions of this ordinance conflict with the provisions of Indiana Code, §§ 36-7-9-1 through 36-8-9-28, then provisions of the state statute shall control. (Ord. No. 8-1999, 5-10-99)

Sec. 6-163    Building Commissioner's Duties to Enforce.

It shall be the duty of the Building Commissioner to enforce the provision of any ordinance, statute, and/or regulation applicable to unsafe buildings, structures or conditions resulting therefrom to issue such orders and take such steps as are necessary to obtain compliance therewith. (Municipal Code of Attica, Indiana, 1967, § 5-2)

Sec. 6-164    Building Commissioner's Powers.

The Building Commissioner shall have the following powers:

a.   Inspect buildings, structures and appurtenances therein.

b.   Interrogate any owners, lessees or occupants thereof, or anyone possessing any knowledge of the facts.

c.   The right of free access to such premises at all reasonable hours.

d.   Compel all occupants of any building, structure or resulting condition found to be unsafe, and all other persons not excepted by him or her to vacate and remain out of the same.

e.   Post printed notice that the building is in unsafe condition and has been condemned.

f.   Initiate inspections and investigations to determine violations and unsafe conditions.

g.   Issue all necessary orders an directives to affect compliance and protect life or property. (Municipal Code of Attica, Indiana, 1967, § 5-3)

Sec. 6-165    Right of Access-Authority and Restriction.

The Building Commissioner shall have the right of free access to buildings and structures, to inspect and investigate for unsanitary and unsafe conditions at all reasonable hours. (Municipal Code of Attica, Indiana, 1967, § 5-4)

Sec. 6-166    Right of Access-Extreme Emergencies.

In cases of emergency involving imminent danger of the public welfare and if such building or structure is vacant or abandoned or present access is denied or unavailable, the Building Commissioner may use such force as is reasonably necessary in effecting entrance in order to fulfill his or her duties and complete inspection. (Municipal Code of Attica, Indiana, 1967, § 5-5)

Sec. 6-167    Written Report of Building Commissioner's Findings.

A written report of the findings of any inspection pertaining to unsafe buildings and structures shall be made and filed in the Office of the Building Commissioner. (Municipal Code of Attica, Indiana, 1967, § 5-6)

Sec. 6-168    Written Orders and Directives.

Any order directing action to rectify and remedy any violation unsafe or unsanitary condition shall be in writing. (Municipal Code of Attica, Indiana, 1967, § 5-7)

Sec. 6-169    General Requirements of Orders.

Any order requiring action shall specify the general nature of any repairs, alterations, reconstruction, or other things that are found to be feasible and to be reasonably required to be done in order to remedy the conditions found to exist. (Municipal Code of Attica, Indiana, 1967, § 5-8)

Sec. 6-170    Time Restrictions.

The Building Commissioner shall fix a reasonable time, commensurate in each instance with such requirement within which such order must be complied. (Municipal Code of Attica, Indiana, 1967, § 5-9)

Sec. 6-171    Orders, Modifications and Time Extensions.

Upon a showing of reasonable necessity, the Building Commissioner may extend in writing the time fixed for compliance, with such order. He or she may also rescind, modify or amplify any order upon notice therefor to those affected. (Municipal Code of Attica, Indiana, 1967, § 5-10)

Sec. 6-172    Compliance Required.

Any action required of anyone concerned, as a result of such inspection and pursuant to and at or within the time fixed by such order and by the notices prescribed shall be complied with fully and promptly. (Municipal Code of Attica, Indiana, 1967, § 5-11)

Sec. 6-173    Failure to Comply-Role of Building Commissioner and Board of Public Works and Safety.

If such order of the Building Commissioner is not complied with, or if any person refuses or neglects to obey such order, the Building Commissioner shall make a written report for the Board of Public Works and Safety. (Municipal Code of Attica, Indiana, 1967, § 5-12)

Sec. 6-174    Procedure of Giving Notice.

The following procedure shall be used when giving notice which shall include the posting upon the building or structure at or near its principal entrance a sign in large letters stating:

This building or structure is in an unsafe condition and must not be used or entered by anyone without the written permission of the Building Commissioner. (Municipal Code of Attica, Indiana, 1967, § 5-13)

Sec. 6-175    Notice and Time Limitations.

The notice requirements shall be as follows:
 

a. By posting:		Twenty-four (24) hours after posting.
b. By mail:		Twenty-four (24) hours after mailing in county or forty-eight (48) hours after normal delivery time.
c. By publication:		One (1) week.

(Municipal Code of Attica, Indiana, 1967, § 5-14)

Sec. 6-176    Written Notice by the Board of Public Works and Safety.

The Board shall direct written notice to be served upon the owner of property to order his or her appearance before it at a time and place fixed in the notice. (Municipal Code of Attica, Indiana, 1967, § 5-15)

Sec. 6-177    Hearing by the Board of Public Works and Safety.

The Board shall give the owner of the property an opportunity to present any reasons for which the order of the Building Commissioner should not be complied. (Municipal Code of Attica, Indiana, 1967, § 5-16)

Sec. 6-178    Powers of the Board of Public Works and Safety.

The Board shall have the power to affirm, modify or rescind the order of the Building Commissioner. (Municipal Code of Attica, Indiana, 1967, § 5-17)

Sec. 6-179    Appeal to the Circuit or Superior Court.

Any person aggrieved by the action of the Board of Public Works and Safety in affirming an order of the Building Commissioner directing that any building or structure shall be wrecked and torn down, shall have the right to appeal to the Circuit or Superior Court of Fountain County. (Municipal Code of Attica, Indiana, 1967, § 5-18)

Sec. 6-180    Appeal Time Limit.

Such appeal must be made within ten (10) days after the date the decision is rendered by the Board of Public Works and Safety. (Municipal Code of Attica, Indiana, 1967, § 5-19)

Sec. 6-181    Role of Building Commissioner.

Where no appeal is taken or where the Court renders judgement affirming the action and decision of the Board of Public Works and Safety, the Building Commissioner shall proceed forthwith to cause the removal and wrecking of the unsafe building or structure. Municipal Code of Attica, Indiana, 1967, § 5-20)

Sec. 6-182    Notice to Bidders-Procedures.

Posting notice for ten (10) days in his or her office, that at a fixed time and place, sealed bids will be received, accepted and opened for the wrecking and removal of stated structure or building. (Municipal Code of Attica, Indiana, 1967, § 5-21)

Sec. 6-183    Notice to Owner.

The owner of a building or structure to be removed or wrecked shall be served with a copy of the notice to bidder at least seven (7) days prior to the date fixed in notice for the reception of bids. (Municipal Code of Attica, Indiana, 1967, § 5-22)

Sec. 6-184    Contract for Removal or Demolition of Unsafe Buildings.

a.   The Board of Public Works and Safety shall enter into a contract with the successful bidder.

b.   The contract shall contain such provisions as are deemed proper by the Building Commissioner.

c.   The contract must contain a clause stating that such contract is executed by the Board as the agent of the owner of the building and that the City of Attica is in no way obligated to pay the cost of the wrecking of the building. (Municipal Code of Attica, Indiana, 1967, § 5-23)

Sec. 6-185    Owner to Pay Costs.

The owner of the building shall pay the entire cost of the wrecking of the building or structure. (Municipal Code of Attica, Indiana, 1967, § 5-24)

Sec. 6-186    Liens Against the Affected Property.

Any and all costs incurred by the city including expenses of notices and incidental expenditures or any amount due on any contract for anything done pursuant thereto, shall constitute a lien against the real estate. (Municipal Code of Attica, Indiana, 1967, § 5-25)

Sec. 6-187    Failure to Pay - Procedures for Collection.

a.   If such owner fails to pay said sum within the time prescribed a certified copy of the statement of costs shall be filed within the Office of the Auditor wherein said real estate is located and said Auditor shall place the amount so claimed on the tax duplicate against the lands of the landowner affected by said work. b.   The same shall be collected as taxes are collected, and when so collected shall be disbursed to the General Fund of the city. (Municipal Code of Attica, Indiana, 1967, § 5-26)

Sec. 6-188 Through Sec. 6-189 Reserved for Future Use.

ARTICLE 13. RAILROAD REGULATIONS.

Sec. 6-190    Blockage of Railroad Crossings.

a.   Time Limit.   It shall be unlawful for a railroad corporation to permit any train, railroad car or engine to obstruct public travel at a railroad/road 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.   Successive Train Movements.   It shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad/road 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.

c.   Violations.   A railroad corporation, conductor or engineer who violates this Ordinance shall be subject to the penalties set forth in Indiana Code, § 8-6-7.5-3.
(Ord. 2, 2003, § 2, 4-14-03)

Sec. 6-191    Repair of Railroad Grade Crossings.

a.   Mandatory Repairs.   Each railroad company whose road or tracks lie in any public street, road or alley in the City shall properly grade, plank, gravel or asphalt the road and track in accordance with the grade and surfacing material of the public street, and in such a manner as to afford security for the life and property of persons and vehicles using the public streets, roads or alleys.

b.   Access to Public Roads.   In making necessary repairs to the railroad tracks, any railroad company may not block public access to any street by emergency personnel, fire personnel, police personnel, vehicular traffic or pedestrian traffic, unless public access to the public street is made available within three hundred (300) feet of the intersection of the public street with the railroad tracks.

c.   Penalty.   Any railroad company violating the above provision shall be subject to the penalty provision set forth in Sec. 117 of the Attica City Code.

d.   Improvement Orders.   Indiana Code, § 8-6-12-2 is hereby incorporated into the terms of this Ordinance. (Ord. 2, 2003, § 3, 4-14-03)

Sec. 6-192    Automatic Crossing Gates and Signals.

The following intersections are locations where gates and signals are required:

a.   Flashers required at Union and Mill crossing.

b.   Gates and flashers required at the North Perry Street crossing. (Municipal Code of Attica, Indiana, 1967, § 25-4)

Sec. 6-193 Through Sec. 6-195 Reserved for Future Use.

ARTICLE 14. SPECIFIC PUBLIC HEALTH AND SAFETY REGULATIONS.

DIVISION I. WEAPONS REGULATIONS.

Sec. 6-196    Discharge of Firearms Prohibited.²³

²³Indiana Code, § 35-47-11-1, et seq., address "Local Regulations of Firearms", and does not affect the validity of local ordinances passed prior to January 1, 1994.

a.   It shall be unlawful for any person to fire or discharge any firearm or any gun operated by CO2 or other propellant within the limits of the city. (Municipal Code of Attica, Indiana, 1967, § 19-11)

b.   Members of the Police Department are exempt from the provisions of this section.

c.   Anyone violating this section shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 6-197    Bows, Crossbows and Similar Devices Prohibited.

a.   It shall be unlawful for any person to propel any object or missile by means of a bow, crossbow, flip jack, devil-sling or other sling of any kind within the limits of the City of Attica. (Ord. No. 7, 1991, 6-3-91)

b.   Anyone violating this section shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 6-198 Through Sec. 6-199 Reserved for Future Use.

DIVISION II. FAIR HOUSING REGULATIONS.

Sec. 6-200    Fair Housing.²⁴

²⁴Indiana Code, § 22-9.5-1, el seq., address fair housing regulations.

It shall be the policy of the City of Attica, through its Council, to provide, within constitutional limitation, for fair housing throughout its corporate limits, as provided for under the Federal Civil Rights Act of 1968, as amended, and Indiana Code § 22-9.5-1, et seq. (Res. No. 5, 1995, 12-4-95; Bk. 28. p. 160)

Sec. 6-201 Through Sec. 6-205 Reserved for Future Use.

DIVISION III. WEEDS AND RANK VEGETATION.²⁵

²⁵Indiana Code, § 36-7-10.1-1, et seq., address the removal of weeds and rank vegetation.

Sec. 6-206    Removal of Noxious Weeds and Vegetation of Ten Inches or Higher Required.

a.   The city shall require the owners of real estate within the city to cut and remove noxious weeks and other rank vegetation growing therein. (Municipal Code of Attica, Indiana, 1967, § 38-1)

b.   All weeds and rank vegetation of ten inches (10") or higher shall be cut and removed by the owner of said property. (Ord. No. 8-1999, 5-10-99)

Sec. 6-207    Notice Procedures.

a.   A written notice to remove such weeds or vegetation shall be issued by the Clerk-Treasurer.

b.   Said written notice shall be served by the Chief of Police, or his or her authorized designee, on said landowner, if he or she is a resident, or by registered mail addressed to his or her last known address, if he or she is a non-resident. (Municipal Code of Attica, Indiana, 1967, § 38-2)

Sec. 6-208    City to Remove When There is Noncompliance.

a.   If the landowner fails to remove such weeds and/or rank vegetation within the time prescribed, the city may remove such weeds and rank vegetation.

b.   The Clerk-Treasurer shall make a certified statement of the actual cost incurred by the city in such removal.

c.   Said certified statement shall be delivered to the owner of such real estate by the Chief of Police, or his or her authorized designee, or by registered mail.

d.   Such owner shall have not more than ten (10) days within which to pay said amount to the Clerk-Treasurer of the city.

e.   For the costs incurred for City manpower and the use of City equipment for the removal of noxious weeds and vegetation, the following fees shall be established:

1.   Thirty Dollars ($30.00) per hour per employee;

2.   For the use of City equipment the following:

a.   Walking mower and weedeater	$15.00 per hour
b.   Riding lawn mower	30.00 per hour
c.   Backhoe	60.00 per hour
d.   Bobcat	60.00 per hour
e.   Dump truck	60.00 per hour

3.   There shall be a three (3) hour minimum charge for the use of each employee and the use of equipment.
(Municipal Code of Attica, Indiana, 1967, § 38-3; Am. Ord. No. 10, 2000, 7-26-00)

Sec. 6-209    Procedure for Collection When There is Non-Payment.

a.   If such owner fails to pay said sum within the time prescribed, a certified copy of the statement of costs shall be filed within the Office of the Auditor where said real estate is located.

b.   The Auditor shall place the amount so claimed on the tax duplicate against the lands of the landowner affected by said work.

c.   The same shall be collected as taxes are collected, and when so collected shall be disbursed to the General Fund of the city.
(Municipal Code of Attica, Indiana, 1967, § 3 8-4)

Sec. 6-210    Penalties.

a.   Failure to cut such weeds and vegetation after receipt of notice as heretofore set forth shall constitute an ordinance violation.

b.   Any person or persons found violating any provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 6-211 Through Sec. 6-213 Reserved for Future Use.

DIVISION IV. PUBLIC NUISANCES.²⁶

²⁶Indiana Code, § 34-1-52-I. defines a nuisance as "whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the ties use of property so as essentially to interfere with the comfortable enjoyment of life or property..."

Sec. 6-214    Loud and Continuing Noises Forbidden.

The making of continuing or causing or aiding to be made or continued any loud, unnecessary or unusual noise or noises whatsoever, which either annoy, injure or endanger the comfort, repose, health or safety of others, unless the making or continuing of same is necessary for the protection of property, or the health, safety of life or limb of some person, is declared to be unlawful and a public nuisance.
(Municipal Code of Attica, Indiana, 1967, § 21-1)

Sec. 6-215    Enumerated Acts Which Constitute a Public Nuisance.

The following enumerated acts are determined to constitute a public nuisance, with such enumeration being illustrative of, but not all inclusive:

a.   The sounding of any horn, signal device or attachments on automobiles, motorcycles, bicycles, trucks, bus or other vehicles except as necessary warning of danger to person or property.

b.   The creation of grating, screeching, grinding, squeaking loud report or shots, or other noises in the use of automobiles, motorcycles, or other vehicles or appurtenances attached thereto.

c.   The creation of loud noises by the manipulation, handling and playing of musical instruments, except in conjunction with authorized parades or public functions, a permit for which has been issued by the Common Council.

d.   The keeping of any animal, bird or fowl which by causing frequent or continued noises or odor shall disturb the comfort and repose of persons in any dwelling or apartment house or residence.

e.   The creation of noise as herein above defined by a radio, phonograph, or any musical instruments or the making of any loud, unnecessary or boisterous noises at any hour whatsoever of the day.
(Municipal Code of Attica, Indiana, 1967, § 21-2)

f.   Doing any act, or omitting to perform a duty, or is anything or condition which:

1. Annoys, injures, or endangers the comfort, repose, health, or safety of others;
or

2. Offends decency; or

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal, or basin, or any public park, square, street, or other public property; or

4. In any way renders other person insecure in life or in the use of property.

Sec. 6-216    Restricted Use of Sound Devices.

It shall be unlawful to create noise by the use of any radio, sound truck, public address system or other like devise, upon the streets or public places of the City, or the use of any such devices or of any tapping or rattling devices upon or from any building or private property for the purpose of advertising or attracting attention without first obtaining a permit from the Common Council. (Municipal Code of Attica, Indiana, 1967, § 21-3)

Sec. 6-217    Permit Required for Organizations to Use Public Address Systems.

Upon application to the Common Council a permit may be issued to any responsible person or organization, to broadcast programs of music, speeches or other general entertainment, as part of and in conjunction with any civic enterprise or celebration of a non- commercial character, or to use of a sound truck or public address system. (Municipal Code of Attica, Indiana, 1967, § 21-4)

Sec. 6-218    Penalties.²⁷

²⁷Indiana Code, § 34-1-5-2, addresses persons who may bring actions, and specifically authorizes the City Attorney to abate nuisances.

a.   Any person who shall violate any provisions of this Division. shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

b.   Every owner and every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable therefore in the same manner as the one who first created it.²⁸

²⁸Indiana Code, § 34-1-52-3. addresses remedies.

Sec. 6-219 Through Sec. 6-224 Reserved for Future Use.

DIVISION V. MENACES TO HEALTH.

Sec. 6-225    Definitions.

The following conditions constitute the deposit of an unwholesome substance and the existence of a menace to health and are declared to constitute a public nuisance, if the same are found to exist on any public or private property within the city:

a.   All noxious weeds.

b.   Putting any filth to any place in which water may be kept or in any manner is injurious to health.

c.   The throwing, placing, causing to be placed, or suffering to remain the existence of any putrid or unsound meats, fish, hides, skins or any kind, or any filth, dead animals, vegetables, tin cans, trash or rubbish of any kind, or any other deleterious substance or obnoxious matter which is in any way offensive or which will likely become putrid or offensive.

d.   Manure in any quantity which is not securely protected from flies and treated as required by the enforcement officials.

e.   Filthy littered or trash covered cellars, houses, yards, or vacant lots.

f.   Any foul or offensive odors, gases, effuses or stenches.

g.   The maintenance of or keeping of any animal in such a manner that the same is or may become injurious to the health or offensive to the inhabitants in the vicinity of the same.

h.   The keeping of trash or rubbish of any kind, not covered and enclosed in a container, pit, or bin, in the business areas of the city. (Municipal Code of Attica, Indiana, 1967, § 21-7)

Sec. 6-226    Dog Kennels Declared a Public Nuisance.

a.   The keeping, maintaining or operation of a dog kennel as herein defined shall constitute a nuisance.

b.   A dog kennel shall be construed to mean the possessing or keeping of two (2) or more dogs in a yard, pen or building, other than the dwelling house of an owner, possessor or keeping of the dogs for the purpose of breeding, boardings, training or sale. (Municipal Code of Attica, Indiana, 1967, § 21-8)

Sec. 6-227    4-H Project Restrictions Regarding Animals and Fowl.

The keeping of any poultry, swine, sheep, goats, cattle, horses or ponies within the corporate limits of the city is declared to be a nuisance, except, individuals enrolled in a 4-H program shall be entitled to keep as a 4-H project up to six (6) rabbits. (Ord. No. 8, 1995, § 1, 8-7-95)

Sec. 6-228 Through See. 6-229 Reserved for Future Use.

DIVISION VI. ABATEMENT PROCEDURES.

Sec. 6-230    Notice to Abate.

Upon notice to abate any nuisance cited in this Chapter, which notice shall be signed by the Mayor, or his or her authorized designee, and served by a police officer, the person maintaining such nuisance shall take such steps as to abate the mentioned nuisance. (Municipal Code of Attica, Indiana, 1967, § 21-10)

Sec. 6-231    Violations.

Any person violating the provisions of this Chapter shall be subject to the penalty provisions set forth in Sec. 1-17 of this Attica City Code.

Sec. 6-232 Through Sec. 6-237 Reserved for Future Use.

DIVISION VII. NUISANCES IN PUBLIC PLACES.²⁹

²⁹Editor's Note: § § 19-7 through 19-9 of the Municipal Code of the City of Attica, 1967, addresses accosting and offending were repealed by Ord. No. 21.

Sec. 6-238    Expectorating & Spitting In Public Prohibited.

It shall be unlawful for any person to spit or expectorate upon any of the sidewalks, public ways, public buildings or other places intended for the general use of the public. (Municipal Code of Attica, Indiana, 1967, § 19-14)

Sec. 6-239    Scattering of Advertising Material Restricted.

It shall be unlawful for any person to scatter, throw or deposit any advertising matter upon any sidewalk, street or other public place within the city. It shall also be unlawful for any person to place or fasten any poster, sign, card or other advertisement upon any public building, sidewalk or pavement. (Municipal Code of Attica, Indiana, 1967, § 19-15)

Sec. 6-240    Penalties.

Anyone violating any of the provisions of this Division shall be subject to the penalty provisions set forth in Sec. 1-17 of this Attica City Code.

Sec. 6-241 Through Sec. 6-247 Reserved for Future Use.

DIVISION VIII. JUNK YARD REGULATIONS.

Sec. 6-248    Junk Yards Declared Unlawful — Exceptions.

It shall be unlawful for any person to establish, open, use, maintain, or operate any junk yard in or within the city, except as permitted by applicable zoning laws as further addressed in Chapter 10. (Municipal Code of Attica, Indiana, 1967, § 14-1)

Sec. 6-249    Penalties.

Anyone violating any of the provisions of this Division shall be subject to the penalty provisions set forth in Sec. 1-17 of this Attica City Code.

Sec. 6-250 Through Sec. 6-257 Reserved for Future Use.

DIVISION IX. JUNKED WRECKED ABANDONED DISASSEMBLED OR INOPERABLE AND UNLICENSED MOTOR VEHICLE REGULATIONS.³⁰

³⁰Editor's Note: Ord. No. 784. 1966 replaced Ord. No. 784-65.

Sec. 6-258    Junk Vehicles Declared Public Nuisances.

Because of the danger to health from vermin and insects and because of the danger to the safety of children attracted by such vehicles, abandoned and junked motor vehicles are declared to be nuisances.
(Ord. No. 784, 1966, § 1; Am. Ord. No. 5, 2001, 5-14-01)

Sec. 6-259    Time Limits Established.

After written notice by the Building Commissioner for the City of Attica or the Chief of Police, it shall be unlawful for any person to store or allow to remain in the open upon public or private property within the City of Attica, Indiana, any disassembled, or inoperable, or unlicensed, or any other junk, wrecked or abandoned motor vehicles for a period of three (3) days or more on public property or for a period of five (5) or more days on private property, unless it is in connection with an automotive sales or repair business enterprise which operates under duly issued and exhibited retail merchant certificate and is located on a property zoned area.
(Ord. No. 2, 1998, 2-9-98; Am. Ord. No. 5, 2001, 5-14-01)

Sec. 6-260    Role of the Building Commissioner.³¹

³¹Indiana Code, § 9-13-2-I, defines "abandoned vehicle."

When the Building Commissioner of the City of Attica, Indiana, or the Chief of Police, or his or her authorized designee, shall find any such vehicle placed or stored in the open upon public property within the corporate limits of the City of Attica, Indiana, he or she shall issue an order to the owner of such vehicle to remove such vehicle within three (3) consecutive days on public property and within five (5) consecutive days on private property. Notice of such order shall be placed upon said vehicle. If such vehicle is not removed within the time limit set forth herein, the Building Commissioner, Chief of Police, or an authorized designee, shall cause such vehicle to be removed by a junk or salvage yard or wrecker service to be paid by the owner of such vehicle.
(Ord. No. 784, 1966, § 3; Am. Ord. No. 5, 2001, 5-14-01)

Sec. 6-261    Exceptions.

The provisions of this Division shall not apply to auto salvage yards and/or junk yards that are duly operated and licensed by the State of Indiana and the City of Attica, Indiana.
(Ord. No. 784, 1966, § 5; Am. Ord. No. 5, 2001, 5-14-01)

Sec. 6-263     Penalties.

Anyone violating any of the provisions of this Division shall be subject to the penalty provisions set forth in Sec. 1-17 of this Attica City Code.
(Am. Ord. No. 5, 2001, 5-14-01)

Sec. 6-264 Through Sec. 6-269 Reserved for Future Use.

DIVISION X. GARBAGE AND RUBBISH RATES AND REGULATIONS.

Sec. 6-270    Rates and Charges for Residents Served by the Sanitation Department of the City of Attica.³²

³²Indiana Code, § 36-9-6-19, authonzes the city to enter into a contract with a private contractor for the collection and disposal of garbage and rubbish.

For the use of and the service rendered by the Sanitation Department, rates and charges shall be collected for each and every lot, parcel, real estate, or building which is connected with a water meter unit.

a.   Except as herein otherwise provided, rates and charges shall be based as follows: ten dollars ($10.00) per month per water meter unit.

b.   In the event two (2) or more housekeeping units are users of a single water meter unit, then in each such case, for billing purposes, the rates and charges shall be based as follows:
 

Two (2) housekeeping units	$10.00
Three (3) housekeeping units	$22.00
Four (4) housekeeping units	$32.00
Five (5) housekeeping units	$42.00
Six (6) housekeeping units	$52.00

And ten dollars ($10.00) for each housekeeping unit thereafter.

c.   In the event a lot, parcel of real estate, or building, either directly or indirectly, is not the use of a water meter unit, the rates and charges shall be based as follows: ten dollars ($10.00) per month per housekeeping unit.
(Ord. No. 3, 1995, I, 7-17-95; Am. Ord. No. 17, 2000, 12-11-00)

Sec. 6-271    Procedure to be Followed for Senior Citizen Rates.

There shall be established a special rate of eight dollars ($8.00) per month per water meter unit for each housekeeping unit in which the legal owner or primary renter is 65 years of age or older and applies with the Clerk-Treasurer of the City of Attica, Indiana for a special senior citizens rate. The application shall include the applicant's name, address, verification of age, and any other documentation required by the Clerk-Treasurer to substantiate ownership of the housekeeping unit or that the applicant is the primary renter.
(Ord. No. 3, 1995, § 1, ¶d, 7-17-95; Bk. 28, pp. 135-136; Am. Ord. No. 17, 2000, 12-11-00)

Sec. 6-272    Definitions Used in this Division.³³

³³Indiana Code, § 13-7-1-I I, defines "garbage", and Indiana Code, § 13-7-1-9, defines "disposal."

a.   RESIDENTIAL SOLID WASTE is defined as plastic, glass, cans, garbage, and paper.³⁴

³⁴The City of Attica has entered into a contractual arrangement for residential solid waste entitled "Contract Specifications for Residential Solid Waste Material Pick Up and Disposal From Within the Corporate Limits of Attica. Indiana" which is on file in the Office of the Clerk-Treasurer and available for public inspection dunng regular business hours.

b.   RESIDENTIAL SOLID WASTE shall exclude leaves, grass clippings, tree trimmings, household appliances, batteries, carpeting, junk cars, trucks, trailers, and construction material. The Contractor agrees to pick up and dispose of the above items by contracting separately with the resident or owner of the residence.

c.   Excluded from the contract shall also be commercial solid waste which is defined as normal waste material from restaurants, offices, service stations, motels, hotels, and stores. Normal waste shall be defined as paper, cans, garbage, corrugated paper, plastic, and wood crates.

d.   Also excluded shall be industrial solid waste material which shall be defined as any solid waste material which may be disposed of in a state and county approved sanitary landfill.

Sec. 6-273    Weekly Pick Up.

a.   The contractor shall collect residential solid waste and material from each residence once per week. The Contractor shall designate certain days of the week for residential solid waste material pickup and maintain the same days each week.

b.   In case a holiday falls on a normal collection day, the following day shall be substituted. Notice of change shall be published in the local newspaper by the Contractor.

c.   In case inclement weather prohibits normal residential pickup, the Contractor shall use every means possible to fulfill his obligations under this agreement to the best of his ability.

Sec. 6-274    Trash Container Regulations.

a.   All residential solid waste material shall be placed in plastic bags of one and one half (I 1/2) mil strength or more or placed in containers which shall not be larger than thirty (30) gallon size or weigh more than fifty (50) pounds.

b.   Trash containers shall be placed at the curb in front of the residence no sooner than noon the day before collection day.

c.   The Contractor shall replace lids on containers and place containers back on the curb after emptying so as not to destroy or damage the containers.

d.   The Contractor reserves the right to refuse to service rusty and/or damaged containers. Such containers will be tagged by the Contractor citing the reason for non-service.

e.   The Contractor shall collect trash that has been scattered by animals through no fault of a resident with residents making all reasonable effort to prevent animals from scattering said trash.

f.   The Contractor shall arrange for carry out service at any residence where the occupant is unable due to health reasons to carry containers to the curb.

g.   The downtown trash cans shall be emptied by the Contractor.

h.   City park and city offices' trash receptacles shall be emptied by the Contract on an as-needed basis.

Sec. 6-275    Billings and Other Related Regulations.

a.   The Contractor shall bid and shall be paid for residential solid waste material pickup based on the number of water meters in service less those offices, commercial and industrial locations. On the yearly anniversary date of the Contract, the number of water meters may be revised if necessary.

b.   The City shall be responsible for billing and collection of residential accounts.

c.   The Contractor shall bond itself to pick up all trash and rubbish in residential districts at a cost per water meter unit and furnish the City with an acceptable performance bond based on a Contract in the amount of the Fee for one year of the Contract.

d.   As an alternate, the Contractor shall bid the cost of picking up residential yard waste which is defined as grass, leaves, and tree limbs.

e.   As an alternate, the Contractor shall bid the cost of picking up residential rubbish which shall include, but not necessarily be limited to, appliances, lumber and building materials, mattresses, carpeting, and other like household waste not susceptible to disposal in plastic bags or garbage containers.

Sec. 6-276    Removal of Leaves, Grass Clippings and Tree Trimmings.

a.   Recyclable yard waste shall be defined as leaves, grass clippings and tree trimmings.

b.   Recyclable yard waste shall be collected and disposed of by the City under the supervision of the Board of Public Works. The Board shall have the authority to make regulations concerning the days of collection and such other matters pertaining to the collection and disposal of said recyclable yard waste.

c.   Recyclable yard waste shall be placed in approved biodegradable bags purchased from the City of Attica at a cost of $.15 per bag to be sold in lots of 10 bags per purchase.

d.   No recyclable yard waste shall be collected without having been placed in approved biodegradable bags nor shall the City of Attica collect recyclable yard waste that does not conform with the provisions of this Chapter.

e.   The revenues collected by the City from the sale of biodegradable bags shall be placed in the sanitation fund for the City of Attica to offset the cost for paying of the biodegradable bags.
(Ord. No. 4, 2002, 5-12-02)

Sec. 6-277    Penalties.

Anyone violating any of the provisions of this Division shall be subject to the penalty provisions set forth in Sec. 1-17 of this Attica City Code.
(Am. Ord. No. 4, 2002, 5-12-02)

Sec. 6-278 Through Sec. 6-294 Reserved for Future Use.

DIVISION XI. REGULATIONS GOVERNING THE CITY BUILDING.

Sec. 6-295    Rules Governing the Request to Use the Auditorium.

a.   Any and all local organizations are invited to make use of the auditorium. Requests from any groups will be passed on to the Board of Public Works and Safety.

b.   Reservations shall be made with the Clerk-Treasurer. Advance reservations shall be required and limited to not more than one (1) meeting at a time. Reservations shall be on a "first come-first serve" basis.
(Bk. 23, pg. 46)

Sec. 6-296    Rules Governing the Use of the Auditorium.

The following limitations on the use of the room shall apply:

1. No alcoholic beverages.

2. No dancing.

3. No refreshments allowed on stage area.

4. Refreshments limited to "light refreshments."

5. Extra "props" limited to card tables, movie projectors, etc. No heavy equipment allowed.

6. No use by any organization where admission is charged, solicitations fees or collections are made.
(Bk. 23, pg. 46)

Sec. 6-297    General Care Regulations.

a.   The sponsoring organization is responsible for the actions of any and all present and will be held liable for any damage or vandalism to the city property.

b.   The city does not require or expect the room to be swept; or mopped after use. However, it does expect the condition of the room to reflect a reasonable amount of respect from the organization using it.

c.   These rules may be changed as experience dictates.
(Bk. 23, pg. 46)

Sec. 6-298 Through See. 6-299 Reserved for Future Use.

DIVISION XII. CIVIL EMERGENCIES.³⁵

³⁵Indiana Code, §§ 10-4-1-1 through 10-4-1-27 set forth the Civil Defense and Disaster Law of 1975, as amended.

Sec. 6-300    Regulations Adopted by Reference.³⁶

³⁶Editor's Note: The codifiers acknowledge that there is a Fountain County Emergency Management Agency. It further acknowledges the existence of the "Chemical Stockpile Emergency Preparedness Program (CSEPP)" which is a Joint effort by the United States Army, Federal Emergency Management Agency (FEMA), State Emergency Management Agency (SEMA) and Vermillion, Parke and Fountain County Emergency Management agencies.

Sec. 6-301 Through See. 6-309 Reserved for Future Use.

DIVISION XIII. RUBBISH.

Sec. 6-310    Storage and Removal Regulations.

a.   It shall be unlawful for any owner, occupant, or possessor of any real estate located within the City of Attica to allow rubbish to be stored, placed upon, or kept on any public or private property.

b.   RUBBISH shall include, but not necessarily be limited to, empty bottles, broken glass, cans, metal ware, ashes, dirt, sweepings, trash, paper waste, cardboard boxes, grass clippings, leaves, tree limbs, discarded lumber, tools, broken toys, household furnishings, junk auto parts, household appliances, or litter of any kind.

c.   Upon written notice, the owner, occupant or possessor of any real estate located within the City of Attica shall remove rubbish from real estate in question within twenty-four (24) hours.

d.   Failure to remove such rubbish after receipt of notice as required shall constitute an ordinance violation.
(Ord. No. 4, 2000, 5-8-00)

Sec. 6-311    Penalty.

Any person or persons found violating any provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.
(Ord. No. 4, 2000, 5-8-00)

Sec. 6-312    through Sec. 6-319 Reserved for Future Use.

DIVISION XIV. REGULATIONS GOVERNING OPEN DITCHES.

Sec. 6-320    Obstruction of Open Ditches Prohibited.

It shall be unlawful for any person to obstruct, enclose or fill in, in any matter, any gutter or open ditch within the city right-of-way.
(Ord. No. 3, 2002, 5-12-02)

Sec. 6-321    Exceptions.

Exceptions may be granted by the Board of Public Works when the Board of Works finds that any obstruction or coverage of an open space or gutter would not cause damage to any adjoining or subsequent property.
(Ord. No. 3, 2002, 5-12-02)

Sec. 6-322    Penalty.

Any person or persons who violate the provisions of this Article shall be subject to the penalties set forth in Sec. 1-17 of the Attica City Code for each day that a violation continues.
(Ord. No. 3, 2002, 5-12-02)