TITLE IX:   GENERAL REGULATIONS

CHAPTER 90:   ABANDONED AND JUNK MOTOR VEHICLES

Section

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

ABANDONED VEHICLE.   A mechanically inoperable vehicle that is left on private property for 20 days is considered an abandoned vehicle if the vehicle is at least three years old. Included in this are automobiles, trailers, semi-trailers, recreational vehicles or parts thereto.

JUNK VEHICLE.   Junked or wrecked automobiles, trailers, semi-trailers, recreational vehicles or parts thereto that are worn, deteriorated or obsolete as to make them unusable in their existing condition.
(Ord. 9, passed 10-21-97)

This chapter does not apply to:

(A)   A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;

(B)   A vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment;

(C)   A vehicle located on a vehicle sales lot or at a commercial vehicle servicing facility;

(D)   A vehicle located upon property licensed or zoned as an automobile scrapyard;

(E)   A vehicle licensed as an antique under state law.
(I.C. 9-22-1-1) (Ord. 9, passed 10-21-97)

(A)   A mechanically inoperable vehicle that meets the qualifications outlined in § 90.01 of this chapter that is left on private property continuously in a location visible from public property for 20 days is considered a junk or abandoned vehicle and subject to this chapter.

(B)   A person who owns a junk or abandoned vehicle or parts thereto is:

(1)   Responsible for the vehicle; and

(2)   Liable for all costs incidental to the removal, storage and disposal.
(I.C. 9-22-1-4) (Ord. 9, passed 10-21-97)

The Town Marshal shall notify the Bureau of Motor Vehicles within 72 hours of all action taken incidental to the removal and storage of the vehicle. If the person who owns the vehicle cannot be determined by a search by the Bureau of Motor Vehicles, it shall be declared an abandoned vehicle and disposed of in accordance with this chapter.
(Ord. 9, passed 10-21-97)
Statutory reference:

(A)   When the Town Marshal discovers a vehicle in the possession of a person other than the person who owns the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place. The Bureau of Motor Vehicles shall be notified within 72 hours of the location and description of the vehicle. Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the person who owns the vehicle. If the person who owns a vehicle cannot be determined by a search, the Bureau shall declare the vehicle abandoned and provide for disposal. If the properly identified person who owns or holds a lien on a vehicle appears at the site or storage before disposal of the vehicle or parts and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released. The release must state the name, signature, and address of the person who owns or holds a lien on the vehicle, a description of the vehicle or parts, costs, and date of release. A towing operator shall notify the Bureau of all releases. If the person who owns or holds a lien does not appear and pay all costs, the Bureau shall declare the vehicle abandoned and provide for disposal.

(B)  (1)   When the Town Marshal finds or is notified of a vehicle or parts believed to be abandoned, he shall attach in a prominent place a notice tag containing the following information:

(a)   The date, time, officer's name, public agency, and address and telephone number to contact for information.

(b)   That the vehicle or parts are considered abandoned.

(c)   That the vehicle or parts will be removed after 72 hours.

(d)   That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage and disposal of the vehicle.

(e)   That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.

(2)   If a vehicle or a part tagged, is not removed within the 72 hour period, the officer shall prepare a written abandoned vehicle report or the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts. If in the opinion of the Town Marshal the market value of an abandoned vehicle or parts are is less than $100, the Town Marshal shall immediately dispose of the vehicle to an automobile scrapyard. A copy of the abandoned vehicle shall be forwarded to the Bureau. The Town Marshal disposing of the vehicle shall retain the original records and photographs for at least two years. If in the opinion of the Town Marshal the market value of the abandoned vehicle or parts is at least $100, the Town Marshal, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts. After 72 hours, the Town Marshal shall require the vehicle or parts to be towed to a storage area.

(C)  (1)   A person who finds a vehicle believed to be abandoned on the person's rental property shall attach in a prominent place a notice tag containing the following information:

(a)   The date, time, name, and address of the person who owns the rental property and a telephone number to contact for information.

(b)   That the vehicle is considered abandoned.

(c)   That the vehicle will be removed after 72 hours.

(d)   That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.

(e)   That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.

(2)   If after 72 hours the person who owns a vehicle believed to be abandoned on rental property has not removed the vehicle from the rental property, the person who owns the rental property may have the vehicle towed from the rental property. The towing operator shall do the following:

(a)   Contact the Bureau of Motor Vehicles to obtain the name and address of the person who owns the vehicle.

(b)   Deliver, by certified mail, a copy of the information contained in the notice required to the person who owns the vehicle. The notice required by this subdivision must be given not later than five business days after the vehicle is removed.

(3)   In an emergency situation a vehicle may be removed immediately. As used in this subdivision, EMERGENCY SITUATION means that the presence of the abandoned vehicle interferes physically with the conduct of normal business operations of the owner of the rental property or poses a threat to the safety or security of persons or property, or both.

(D)   Upon complaint of a person who owns or controls private property that a vehicle has been left on the property for at least 48 hours without the consent of the person who owns or controls the property, the Town Marshal shall follow the procedures set forth in division (B) of this section.
(I.C. 9-22-1-5 - 9-22-1-21) (Ord. 9, passed 10-21-97)

The following are not liable for loss or damage to a vehicle or parts occurring during the removal, storage, or disposition of a vehicle or parts under this chapter:

(A)   A person who owns, leases, or occupies property from which an abandoned vehicle or parts are removed.

(B)   A public agency.

(C)   A towing service.

(D)   An automobile scrapyard.
(I.C. 9-22-1-32) (Ord. 9, passed 10-21-97)

(A)   The Town Council has established the following procedures to carry out this chapter, including the following:

(1)   The charges allowed for towing and storage of abandoned vehicles, which shall be filed with the Bureau of Motor Vehicles.

(2)   The means of disposition of vehicles.

(B)   The Town Council hereby establishes an Abandoned Vehicle Fund for the purposes of this chapter. (I.C. 9-22-1-30)

(C)   This chapter applies to sales of abandoned vehicles or parts. The proceeds from the sale of abandoned vehicles or parts, including charges for bills of sales and money received from persons who own or hold liens on vehicles for the cost of removal or storage of vehicles, shall be deposited with the Town Clerk-Treasurer and placed by the Town Clerk-Treasurer in the Abandoned Vehicle Fund.

(D)   The costs incurred by the town in administering this chapter shall be paid from the Abandoned Vehicle Fund.

(E)   The fiscal body shall annually appropriate sufficient money to the fund to carry out this chapter. Money remaining in the fund at the end of a year remains in the fund and does not revert to the General Fund.
(I.C. 9-22-1-27) (Ord. 9, passed 10-21-97)

It shall be the responsibility of the Town Council for the administration of this chapter while the enforcement shall be the responsibility of the Town Marshal.
(I.C. 9-22-1-3) (Ord. 9, passed 10-21-97)

CHAPTER 91:   ANIMALS

Section

Dogs

Vicious and Dangerous Dogs

DOGS

(A)   It shall be an unlawful nuisance for any person to keep, maintain, or harbor any dog, cat or other vertebrate animal within the limits of the town, which by offensive barking, exhalations or other sounds, or which by offensive or obnoxious smells or substances, is harmful to the health of the body or mind, or is offensive to the senses so as to essentially interfere with the comfortable enjoyment of life or property of individuals or the public.

(B)   Any person who shall have or permit any dog to frequent or to remain on or within his house, building, enclosure, or premises, or shall feed, lodge, or otherwise retain a dog, shall be considered as harboring the dog.
(Ord. 7, passed 9-16-97) Penalty, see § 91.99

No person shall keep, raise or maintain more than two dogs that are more than 12 weeks old within the corporate limits of the town.
(Ord. 7, passed 9-16-97) Penalty, see § 91.99

(A)   It shall be unlawful to own or maintain any dog more then six months old that does not at all times wear a collar with a metal tag attached identifying the owner by name and address. (I.C. 15-5-9-13)

(B)   The pet or animal must be registered with the Township Trustee and vaccination certificates must be up to date and presented upon demand by proper authority.

(C)   It shall be the duty of the Town Marshal to take up any and all unlicensed dogs found running at large in the town after March 1 of each year, and to humanely destroy all dogs as above impounded.
(Ord. 7, passed 9-16-97) Penalty, see § 91.99
Statutory reference:

§ 91.04   MAINTAINING CONTROL.

It shall be unlawful for any person to allow his pet or animal to stray beyond his property, unless leashed and under the control of that person. Voice command for the purpose of this chapter does not constitute control. When a pet or animal is outside unattended, it must be on a staked chain or in a fenced yard. If on a staked chain, the animal must not present a threat to pedestrians traveling on sidewalks or public thoroughfares within the limits of the town.
(I.C. 15-5-9-13) (Ord. 7, passed 9-16-97) Penalty, see § 91.99

It shall be unlawful for any person to allow his pet or animal to deposit its feces on the property of another. It shall be the responsibility of the owner of the pet or animal to clean-up the feces and remove them from the affected property. This practice is commonly known as "curbing your pet."
(Ord. 7, passed 9-16-97) Penalty, see § 91.99

It shall be unlawful for any person to abandon any domesticated pet or animal on any public place, including the right-of-way of any public thoroughfare or upon the property of another.
(Ord. 7, passed 9-16-97) Penalty, see § 91.99

It is a defense that the accused person reasonably believes the conduct was necessary to:

(A)   Prevent injury to the accused person or another person;

(B)   Protect the property of the accused person from destruction or substantial damage; or

(C)   Prevent a seriously injured vertebrate animal from prolonged suffering.
(Ord. 7, passed 9-16-97)

The money collected from administration and abatement costs due to violation of this chapter shall be disbursed to the General Fund.
(Ord. 7, passed 9-16-97)

It shall be the responsibility of the Town Council for the administration of this chapter while the enforcement shall be the responsibility of the Town Marshal.
(I.C. 15-5-9-14) (Ord. 7, passed 9-16-97)

VICIOUS AND DANGEROUS DOGS

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

DANGEROUS DOG.   A dog that while off the premises of the owner, keeper, or harborer, has attempted to bite, attack, or otherwise endanger any person, cat, other dog, livestock, poultry, other domestic animal, or any other animal that is the property of another or while not physically restrained or confined in a locked pen, yard, or other enclosures.

VICIOUS DOG.   A dog that:

(1)   Without provocation bites or inflicts injury or otherwise attacks or endangers the safety of any person, cat, other dog, livestock, poultry, or other domestic animal;

(2)   Without provocation approaches in a threatening or terrorizing manner, any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

(3)   Is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;

WITHOUT PROVOCATION.   A dog that was not teased, tormented, or abused by a person, or attacked by a cat, another dog, or any other animal.
(Ord. 8, passed 9-16-97)

Every owner of a dangerous dog or vicious dog, as defined by this subchapter, shall register said dog with the Clerk-Treasurer and provide the same information as required. Copies of such registration shall be furnished to the Town Marshal. The owner shall pay a fee of $5 to the Clerk-Treasurer for such registration.
(Ord. 8, passed 9-16-97) Penalty, see § 91.99

(A)   No person shall transfer ownership or possession of any dog before giving written notice of the dog's behavior, propensities, or quarantine obligations to the transferee.

(B)  (1)   Within ten days after transferring ownership or possession of a dog (that to the transferor's knowledge is a dangerous or vicious dog). The transferor shall give copies of the written notice described in division (A) above to the:

(a)   Transferee;

(b)   Miami County Board of Health;

(c)   Dog catcher of the City of Peru;

(d)   Town Marshal; and

(e)   Town Clerk-Treasurer.

(2)   The notice shall include the name and address of the new owner or person taking possession of the dog, and age, sex, color and breed of the dog and its registration number. It shall describe in reasonable detail the incidents that caused the dog to fit the definition of a dangerous or vicious dog as defined in § 91.20.
(Ord. 8, passed 9-16-97) Penalty, see § 91.99

(A)   The owner, keeper, or harborer of a dangerous or vicious dog shall keep the dog securely confined at all times in a locked pen, locked fenced yard, or other locked enclosure while on the premises of the owner, keeper, or harborer. The owner shall display in a conspicuous manner a sign on his or her premises warning that there is a vicious dog on the premises. This sign shall be visible and legible from the highway.

(B)   Off such premises, the owner, keeper, or harborer shall keep the dog on a leash or tether not more than six feet long, and muzzle the dog.

(1)   Station a person of suitable age and discretion with the dog in close proximity to prevent it from causing injury; and

(2)   Keep the dog in a locked pen or other locked enclosure (i.e. car or truck), and muzzle the dog.
(Ord. 8, passed 9-16-97) Penalty, see § 91.99

A dog harbored that attacks, bites, or otherwise endangers or that injures or kills a person, cat, another dog, or other domestic animal, or any other animal that is the property of another may be killed at the time of commission of the act. The owner or keeper shall be liable for any damage or injuries caused by a dog as defined above, unless such damage or injury was to the body or property of a person who, at the time such damage or injuries were sustained, was committing a trespass on the property of the owner, or was teasing, tormenting, or abusing such dog on the owner's property.
(Ord. 8, passed 9-16-97)

Every person who owns or harbors a dog as a "vicious dog" shall purchase and maintain liability insurance in the amount of $250,000 per incident and occurrence. Such person shall file a copy of said insurance coverage with the Clerk-Treasurer within 15 days after notification that a dog has been determined by the Town Council to be a vicious dog.
(Ord. 8, passed 9-16-97) Penalty, see § 91.99

If a police officer, firefighter, dog catcher, county or state health official determines a dog to be vicious, he shall notify the person residing at the place the dog was being harbored in writing of such determination by certified mail. The owner or person in charge may request a review of said determination by the Town Council within five days of the date of the notice. Said request shall be filed with the Clerk-Treasurer. Failure to file the request timely will forfeit all rights of review. The decision by the Town Council may be appealed. The Miami Circuit or Superior Court shall have exclusive jurisdiction over any review or appeal. The appeal or review of the decision of the Town Council shall be filed within five days of the decision by filing a petition with the Miami Circuit or Superior Court. Failure to file an appeal within the time permitted shall forfeit all rights of appeal. The issue shall be decided upon the preponderance of the evidence.
(Ord. 8, passed 9-16-97)

The moneys collected from administrative and abatement costs due to the violation of this subchapter shall be disbursed to the General Fund of the department specified to enforce this subchapter.
(Ord. 8, passed 9-16-97)

In addition to the penalties provided in this chapter, the court may order the offender to personally supervise the dog any time the dog leaves the premises of the offender, to complete dog obedience training, or to do both. All costs of dog obedience training shall be paid by the owner. If the owner cannot be found within three days, the dog may be destroyed.
(Ord. 8, passed 9-16-97)

(A)   The court may order a "vicious dog" involved in the violation of this subchapter to be humanely destroyed by a licensed veterinarian, the dog catcher, the humane society, or the Town Marshal.

(B)   If a dog is subject of a second or subsequent violation of any provision of this subchapter, the court may order the dog involved in the violation to be humanely destroyed by a licensed veterinarian, the dog catcher, the Humane Society or the Town Marshal.
(Ord. 8, passed 9-16-97)

The offender may be required to reimburse the town for the cost of impounding a dog, including but not limited to food, medicine, drugs, costs of humane destruction, burial, plus a fee of $10 per day.
(Ord. 8, passed 9-16-97)

Upon finding a violation of this subchapter, the court shall order the defendant to pay reasonable attorneys fees in the enforcement of this subchapter.
(Ord. 8, passed 9-16-97)

This subchapter shall be enforced pursuant to the provisions of I.C. 34-4-32 et seq.
(Ord. 8, passed 9-16-97)

(A)  (1)   Any person(s) guilty of violating I.C. 34-4-32-4, §§ 91.01, 91.02 and 91.05 of this chapter shall be assessed: First violation - $25 fine, second violation - $50 fine, third violation - $250 fine and a written notice that in the event of a fourth violation, a $500 fine will be imposed and the pet or animals will be permanently removed from the town limits. These violations will be concurrent for a 12 month period beginning with the date of the first (1st) violation. Furthermore, be it known that any animal picked-up or caught running at large, the owner will be responsible for reimbursing the town for all costs incurred for transporting and maintaining the animal and also any fines that may be assessed.

(2)   Any person(s) guilty of violating § 91.03 of this chapter shall be guilty of a Class C infraction, unless the dog causes bodily injury by biting a person, which becomes a Class B misdemeanor. (I.C. 35-46-3-1 and I.C. 15-5-9-13)

(3)   Any person(s) guilty of violating § 91.04 of this chapter shall be guilty of a Class C infraction. (I.C. 15-5-9-13)

(4)   Any person(s) guilty of violating § 91.06 of this chapter shall be guilty of a Class B misdemeanor. (I.C. 35-46-3-7)
(Ord. 7, passed 9-16-97)

(B)   Whoever violates any provision of §§ 91.20 through 91.31 of this chapter shall be guilty of a Class A infraction. A Class A infraction is punishable by a fine not to exceed $2,500. (I.C. 34-4-32-4) (Ord. 8, passed 9-16-97)

CHAPTER 92:   NUISANCES

Section

For the purpose of this chapter, the word NUISANCE shall be defined, as set forth in I.C. 34-1-52-1, as follows: Whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
(Ord. 5, passed 9-16-97)

(A)   If any person maintains, uses, creates, causes, places, deposits, or permits a nuisance to be or remain on any property, that person violates this section.

(B)   The following list includes, but does not limit, the conditions constituting a nuisance under this section:

(1)   Accumulations of rubbish, trash, refuse, junk and other abandoned materials, metal, and lumber;

(2)   Any condition which provides harborage of rats, mice, snakes, or other vermin;

(3)   Disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of offensive odors and stenches;

(4)   Carcasses of animals or fowls, not disposed of within a reasonable time after death;

(5)   Buildings, structures, swimming pools, or other places and locations where any violation of federal, state, local law or town ordinances occurs;

(6)   Accumulations and/or pooling of stagnant water;

(7)   Any building or other structure which is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of the people residing in the vicinity;

(8)   Presents a dangerous fire hazard in the vicinity where it is located;

(9)   The unauthorized obstruction of any public street, road, or sidewalk;

(10)  The pollution of any public well, cistern, stream, lake, canal or body of water by any sewage, dead animals, creamery, industrial waste or other substances.
(Ord. 5, passed 9-16-97)
Statutory reference:

A written notice to abate the nuisance by U.S. Certified Mail, or by another method designated by the Town Attorney, or its agents, the Town Marshal, or the Town Building Commissioner, to the owner, occupant, and all persons holding a substantial interest in the property where the nuisance is located, or to the person causing or maintaining the nuisance. The written notice shall be mailed or delivered at least ten days before legal action is commenced against the person to whom the notice was sent, unless the Town Attorney, or its agents, the Town Marshal, or the Town Building Commissioner determines that an emergency exists and requires that an action proceed without this notice.
(Ord. 5, passed 9-16-97)

The Town Attorney, or its agents, the Town Marshal, or the Town Building Commissioner, may file suit in the name of the town against any person violating any provision of this chapter to obtain injunctive relief to abate that nuisance.
(Ord. 5, passed 9-16-97)

It shall be the responsibility of the Town Council for the administration of this chapter while the enforcement shall be the responsibility of the Town Attorney, the Town Marshal or the Town Building Commissioner, acting as agent for the Town Attorney.
(Ord. 5, passed 9-16-97)

Any person who violates any provision of this chapter shall be deemed to have committed an ordinance violation, and, upon conviction, shall be fined not less than $25 and not more than $2,500. Each day a violation continues after an action has been commenced to abate that nuisance shall constitute a separate ordinance violation. No additional notice under this chapter shall be required to initiate these separate actions once an action has been commenced against the person violating this chapter.
(Ord. 5, passed 9-16-97)

CHAPTER 93:   PARKS AND RECREATION

Editor's Note:   Chapter 93, as codified from Ordinance 10, 1997 was replaced by Ordinance 10, 2004.
 
PREVIOUS Chapter 93.

CHAPTER 94:   WEEDS AND RANK VEGETATION

Section

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

WEEDS AND RANK VEGETATION.   Vegetation that is strong and vigorous and usually coarse in growth. This will be uncultivated vegetation and will be growing without control or restriction.
(I.C. 36-7-10.1-3(b)(2)) (Ord. 3, passed 9-3-97)

It shall be unlawful for the owner or occupant or any person entitled to possession of any real estate within the town to suffer or permit any grass, weeds, or rank vegetation to grow to a length (height) that exceeds eight inches.
(I.C. 36-7-10.1-3(b)(3)) (Ord. 3, passed 9-3-97) Penalty, see § 10.99

(A)   Any occupant and/or owner of real estate in the town who is observed violating § 94.02 of this chapter shall be issued a written notice by certified mail directing such owner and/or occupant to cut and/or to remove, within the period of ten days from the date of the notice, said grass, weeds and/or other rank vegetation. (I.C. 36-7-10.1-3(b)(4))

(B)   The notice of violation of this chapter shall be sent by certified mail to the landowner and will be addressed to his or her last known address, or to the landowner's address that appears on the tax records of the Treasurer of Miami County, Indiana. (I.C. 36-7-10.1-3(b)(4))
(Ord. 3, passed 9-3-97)

If the landowner fails to cut and/or remove such grass, weeds and/or rank vegetation within the prescribed ten day period, the Town Council may order and cause such vegetation to be cut and removed from the property.
(I.C. 36-7-10.1-3(b)(5)) (Ord. 3, passed 9-3-97)

(A)   Any person who violates § 94.02 of this chapter and who receives a certified written notification of said violation, shall forfeit the sum of $50 to the town for the administrative costs incurred by the town.

(B)   If abatement procedures by the town are required, the Clerk-Treasurer shall issue to the landowner a certified statement of the administrative and removal costs incurred by the town during the abatement procedures.
(I.C. 36-7-10.1-3(b)(6)) (Ord. 3, passed 9-3-97)

If the landowner fails to pay the administrative and abatement costs within a period of ten days from the date on the cost statement, a certified copy of the statement of the costs shall be filed in the Miami County Auditor's Office to be placed upon the tax duplicate against such affected lands for collection as taxes are collected.
(I.C. 36-7-10.1-3(b)(6)) (Ord. 3, passed 9-3-97)

The moneys collected from administrative and abatement costs due to the violation of this chapter shall be disbursed to the General Fund of the department specified to enforce this chapter.
(I.C. 36-7-10.1-5) (Ord. 3, passed 9-3-97)

Decisions made by the town to issue violation notices and to carry out abatement procedures may be appealed to the Circuit or the Superior Courts of Miami County, Indiana within 30 days of the date appearing on the violation notice or the cost statement.
(I.C. 36-7-10.1-3(b)(7)) (Ord. 3, passed 9-3-97)

It shall be the responsibility of the Town Council for the administration of this chapter while the enforcement shall be the responsibility of the Building Commissioner.
(I.C. 36-7-10.1-3(b)(1)) (Ord. 3, passed 9-3-97)