ORDINANCE 2008-07

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR BOONE COUNTY, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES AND DECLARING AN EMERGENCY

WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS, the Acts of the Legislature of the State of Indiana empower and authorize the political subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the Legislative Authority of the Political Subdivision has authorized a general compilation, revision and codification of ordinances of the Political Subdivision of a general and permanent nature and publication of such ordinance in book form; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF BOONE COUNTY, INDIANA:

Section 1. The general ordinances of the Political Subdivision as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of Boone County, Indiana.

Section 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

BOONE COUNTY, INDIANA

VOLUME 1, CODE OF ORDINANCES

TABLE OF CONTENTS

Chapter

TITLE I: GENERAL PROVISIONS

10. Rules of Construction; General Penalty

TITLE III: ADMINISTRATION

30. General County Policies

31. County Organizations

32. Purchasing Procedures

33. Emergency Management

34. Funds, Fees, Taxes and the Like

TITLE V: PUBLIC WORKS

50. Solid Waste

51. Sewers

52. Wells, Pumps and Geothermal Heat Pump Systems

TITLE VII: TRAFFIC CODE

70. General Provisions

71. Traffic Schedules

72. Parking Schedules

TITLE IX: GENERAL REGULATIONS

90. Litter Control

91. Weights and Measures

92. Noise

93. Miscellaneous Regulations

TITLE XI: BUSINESS REGULATIONS

110. General Provisions

111. Food Establishments

112. Massage Parlors, Bath Houses and the like

TITLE XIII: GENERAL PROVISIONS

[Reserved]

TABLE OF SPECIAL ORDINANCES

Table

I. Agreements; Franchise and Interlocal

II. Property; Disposal and the like

PARALLEL REFERENCES

References to Indiana Code

References to Ordinances

INDEX

BOONE COUNTY, INDIANA

VOLUME 2, LAND USAGE

TABLE OF CONTENTS

Chapter

TITLE XV: LAND USAGE

150. General Provisions

151. Building Regulations; Codes

152. Flood Hazard Areas

153. Storm Drainage, Erosion and Sediment Control

154. Streets and Roads

155. Housing Provisions

156. Subdivisions

157. Zoning

TABLE OF SPECIAL ORDINANCES

Table

I. Annexations

II. Developments

III. Streets; Vacations, Closings, Usage and the Like

IV. Zoning Map Changes; Rezonings

PARALLEL REFERENCES

References to Indiana Code

References to Ordinances

INDEX

Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4. Such Code shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.

Section 5. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Legislative Authority of the Political Subdivision on this 16th day of June, 2008.

Marc Applegate, Commissioner

Harold Lewis, Commissioner

Charles Eaton, Commissioner

ATTEST:

Gretchen Smith, Boone County Auditor