Title X. Offenses against Public Order, Safety, and Security

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1 Title X Offenses against Public Order, Safety, and Security Chapter 1: Disorderly Conduct & Unlawful Noise Disorderly Behavior Disorderly Assemblages Unlawful Noises Penalty Chapter 2: Discharging Firearms and Other Weapons Discharging Firearms Firearms in Public Places Throwing Projectiles, etc Penalty Chapter 3: Environmental Public Nuisance Definitions Unlawful to Maintain an EPN Procedures Penalty Chapter 4: Junk Car Nuisance Junk Car Nuisance Procedure Abatement Penalty

2 Chapter 5: Nuisances Generally Common Law & Statutory Nuisances Abatement of Nuisances by the Town Board Structures of Things Detrimental to Health Unhealthful Business Nuisance Brought into Town Cisterns Slop Water or Waste Ashes and Rubbish Obnoxious Gases Nuisances on Streets Obstruction of Natural Flow of Water Storage of Odorous Commodities Unsafe Motor Vehicles Various Other Public Nuisances Penalties Chapter 6: Emergency Curfew Curfew Penalty Chapter 7: Animals Definitions Dogs Running at Large Cats Running at Large Vicious Dog or Cat Prohibited Exotic Animals Prohibited

3 Nuisance Animal Prohibited Number of Domestic Animals Allowed Penalties Chapter 8: Burning Trash Stripping for Burning Proper Containers Required Burning at Night Prohibited Enforcement Penalty Chapter 1 - Disorderly Conduct & Unlawful Noises Disorderly Behavior. It shall be unlawful for any person to act in a violent, quarrelsome, indecent, or disorderly manner tending to disturb the good order, peace or dignity of the Town and its inhabitants Disorderly Assemblages. It shall be unlawful for any person to permit a meeting of persons behaving in a noisy, indecent, or disorderly manner tending to disturb the good order, peace, or dignity of the Town and its inhabitants Unlawful Noises. It shall be unlawful for any person to make, continue or cause to be made or continued, any loud or unnecessary noise which disturbs the comfort, peace, or repose of others, which shall include but not be limited to: 1. The keeping of any dog or other animal, which by causing frequent or long-continued noise shall disturb the comfort, peace or repose of others. 2. The use of any radio, television, musical instrument, or other device for the production of sound in such a manner as to disturb the comfort, peace or repose of others. 3. The discharge into the air of the exhaust of any internal combustion engine in such a manner as to disturb the comfort, peace or repose of others.

4 Penalty. Any person who violates any provision of this chapter shall be fined a sum of $50.00 for the first offense and $ for each subsequent offense, plus court costs if applicable. Chapter 2: Firearms and Other Weapons: Firearms in Public Places. It is unlawful to bring any firearm, air gun, BB gun or similar weapon to any public meeting or public gathering Discharging Firearms. It is unlawful for any person to fire or discharge any firearm, air gun, or BB gun within the Town of New Whiteland Throwing or Shooting Projectiles. It is unlawful for any person to throw or shoot any object, arrow, stone or other projectile by hand or other means within the Town of New Whiteland Penalty. Any person who violates any provision of this chapter shall be fined a sum of $50.00 for the first offense and $ for each subsequent offense, plus court costs if applicable. Chapter 4: Environmental Public Nuisance (EPN) Definitions. For the purpose of this ordinance, the following terms shall have the following meanings: Environmental Public Nuisance means: 1. Vegetation on private property which is abandoned, neglected, disregarded or not cut, mown or otherwise removed and which has attained a height of twelve inches or more; or 2. Vegetation, trees, or woody growth on private property which due to its proximity to any governmental property, right-of-way or easement, interferes with the public safety or lawful use of the governmental property, right-of-way or easement; or 3. Property which has accumulated litter, unless specifically authorized under existing laws and regulations.

5 4. Litter includes, but is not limited to, any garbage, trash, refuse, debris, rubbish, lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other construction material, motor vehicle parts or nauseous or offensive matter of any kind that is not in a container designated to receive such waste, which is designed to prevent the escape of waste and picked up on a routine basis Unlawful to Maintain an Environmental Public Nuisance. To preserve the public health, safety, welfare and environment of the town, it is unlawful to allow an environmental public nuisance to exist on any property owned, occupied or controlled by an individual or other entity Procedure. 1. Upon a complaint of a Environmental Public Nuisance a police officer will investigate the complainant. If the complaint is validated by the investigating officer the individual or entity will be given an Environmental Public Nuisance warning specifically informing them what the Environmental Public Nuisance is. The warning will require that the Environmental Public Nuisance be abated within a three day period. In the event the Environmental Public Nuisance is not abated within the three day period and officer will issue the offending party a ordinance violation notice assessing a penalty. 2. The individual or entity may request an extension of the three day period in writing. The request for extension must give a specific date when the Environmental Public Nuisance will be abated. Extension will not be granted for more than fourteen days. The town s Sanitation Chief, Fire Chief and Police Chief, or designee, must agree to the extension in writing Penalty. Any individual or entity that allows an Environmental Public Nuisance to exist and fails to abate it within the time prescribed in the warning given pursuant to Section 3 of this ordinance shall be fined a sum of $ for the first offense and $ for each subsequent offense plus court costs. The town reserves the right to take abatement action immediately to a court of competent jurisdiction to abate a Environmental Public Nuisance under Indiana Code and

6 Chapter 5: Junk Vehicle Nuisance Junk Vehicle Nuisance. It is a nuisance for any individual or entity to store or allow to remain in the open upon private property, for a period of time in excess of 15 days, any vehicle from which has been removed the engine or transmission or differential or which is otherwise partially dismantled, inoperable or does not have current registration license plates Procedure. Any officer who finds a vehicle in violation as defined in shall issue the property occupant a junk vehicle warning. The warning will contain the following: 1. The date, time, officer s name, agency and the telephone number to contact for information; 2. That the vehicle is considered a junk vehicle; 3. That the owner has fifteen days to bring the vehicle into compliance with the ordinance, remove it from the property or dispose of the it. 4. If the vehicle is not brought into compliance within the fifteen days, an officer shall issue the property occupant an ordinance violation notice Penalty. Any individual or entity that allows a junk vehicle violation to exist and fails to abate the violation within the time prescribed in the junk vehicle warning given in pursuant to section 2 of this ordinance, shall be fined the sum of $ per vehicle for the first offense and $ for each subsequent offense plus court costs. If after being issued a ordinance violation notice the individual or entity does not bring the vehicle into compliance within five days it will be impounded by a police officer. Chapter 6: Nuisances Generally Common Law and Statutory Nuisances. In addition to what is declared in this chapter and code to be public nuisances, those offenses, which are known to be treated as such and be proceeded against as is provided in this chapter and code; or in accordance with any other provision of law Abatement of Nuisances by the Town.

7 In all cases where any public nuisance may be found it shall be the duty of the Town to serve written notice upon the owner or occupant of any premises, or other person, so causing such nuisance, requiring such owner, occupant or person to abate such nuisance within a reasonable time, and if the owner or occupant of such premises, or other person, so causing such nuisance cannot be found, said notice shall be posted upon such premises. It shall not be necessary for the Town to designate in the notice the manner in which the nuisance shall be abated, unless the Town shall deem it advisable to do so. If the owner or occupant of such premises, or other person, so causing such nuisance shall refuse or neglect to abate the nuisance within this section shall be fined as provided in the penalty section of this chapter. In addition, the Town may cause such nuisance to be abated either summarily, or in any manner authorized by law, including the institution in the name of this Town, against the owner or occupant of the premises or other person of an action therefore for recovery of the amount of expense of such abatement Structures of Things Detrimental to Health. No building, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be made, used, maintained, or operated in the town, in any manner causing or producing any nuisance, or that shall be dangerous or detrimental to health, safety and security of the town s inhabitants Unhealthful Business. No substance, matter or thing of any kind, which shall be dangerous or detrimental to health, or which shall become noxious or injurious to public comfort, shall be allowed to exist in connection with any business, or be used therein, or be used in any work or labor performed in the Town, and no nuisance shall be permitted to exists in connection with any business, or in connection with any such work or labor Nuisance Brought into Town. No person shall bring into the Town, or keep therein for sale or otherwise, either for food or for any other purpose, any dead or live animal, or any matter, substance or thing which is a nuisance, or which shall cause a nuisance to the town inhabitants, or which may be detrimental to health or the public welfare.

8 Cisterns. All open or uncovered or unsecured covered cisterns, cellars, wells, pits, excavations or vaults, situated upon private premises in any open or unfenced lot or place within the town and so endangering any persons entering such premises, are hereby declared to be public nuisances Slop Water or Waste. Slop water, wash water, waste water, or filth, offal or garbage of any kind whatever, which shall be caused or permitted to street, sidewalk, alley or gutter of the Town, except as contained in proper receptacles for collection, are hereby declared to be public nuisances. All persons having such accumulations shall deposit the same either in proper sinks constructed upon the premises and connected with the public sewers, or by causing all such accumulations to be kept in covered cans, casks, or other vessels and deposited in a suitable place for collection thereof or for removal outside the Town limits to dumps provided for such purposes Ashes and Rubbish. All manure, ashes, cinders and rubbish of any kind whatever, which shall be thrown or placed by any person upon any street, sidewalk, or alley or in any gutter of the Town, or which shall be so carried or deposited as to fall into or upon any street, sidewalk, alley or gutter of said Town, are hereby declared to be public nuisances Obnoxious Gases. It shall be unlawful and shall be a public nuisance for any person to burn in any furnace, grate, boiler, fireplace or upon any piece of ground within the limits of this Town, any substance containing rubber, zinc, sulfuric acid, or any other substance which emits poisonous or obnoxious gases, fumes or smoke Nuisance on Streets. Any person placing or throwing in any street or alley any dead cat, dog, chicken, rat or other animal, tainted meat, decayed fruits or vegetables, filthy fluids or water, human or other excrement or anything of like nature, shall be guilty of causing a public nuisance Obstruction of Natural Flow of Water. Any person who shall by the erection of a dam or other obstruction, prevent the natural flow of water, causing it to collect in pools upon any walk, lot, or in any street or alley, or who shall allows any such dam or obstruction to continue on any property owned or controlled by him, after knowledge of its existence, or who shall do or cause to be done any work, the effect of which will be to

9 cause the damming up or collection of water in pools, shall be chargeable with maintaining a public nuisance, which shall be punishable as herein after provided for offenses under this chapter; provided, however, that this section shall not prevent persons owning or controlling property from filling up such lots as they may desire, if sufficient drainage is provided across said lot for such natural flow, and provided further, that this section shall not prevent such change of the grade of any street as may be for the public interest Storage of Odorous Commodities. No person shall keep hides (dried or green), filthy rags, bones, decayed or putrid matter, or anything else that may have become, or be adjudged a nuisance, either public or private, to the annoyance of any citizen or the detriment of the public health, within three hundred yards of the dwelling or business house of any citizen Unsafe Motor Vehicles. The use of any motor vehicle on the streets of the Town is a public nuisance where by reason of any defect, or other condition in said vehicle to the driving thereof on the streets, constitutes menace or hazard to the life, safety or property of any person Various Other Public Nuisances. The following shall constitute other public nuisances: 1. The keeping of any substance, or thing of any kind whatever, which is dangerous, detrimental to health or likely to spread disease. 2. Any factory, yard, building or structure of any kind, stable, cattle yard or shed, barn, packing house, hatchery, poultry or egg store, dead animal disposal plant, or rendering establishment, any of which shall become nauseous, foul or offensive to smell and the enjoyment of life and property and thereby injurious to the health of the community. 3. The accumulation on private property of the contents or substance from any sink, privy, septic tank, or cesspool, or of manure, ashes, garbage, offal, rubbish, decaying vegetable matters, or dead animals, accumulations of which are offensive to human beings or detrimental to health.

10 4. The maintenance of any buildings or part thereof, occupied by the owner, tenant, or other person, in an unsanitary condition on account of its basement or cellar being excessively damp or wet, or containing stagnant water due to ineffective drainage; or on account of the presence therein of sewer gas; or on account of its infection with disease, termites, rodents or insects; or on account of any other matter or thing which makes it an actual or potential source of sickness or danger to the public health or its occupants, or renders it unfit for human habitation. 5. The placing, keeping or allowing at any place within the Town, within one hundred yards of any private residence, any pig or hog pen, dead animals, stagnant water, decayed vegetables or fruits, filthy privies, any pond, pool or body of stagnant or putrid water or liquid, or any other thing which creates offensive odors and are detrimental to the health of the community Penalties. Any person who creates and maintains any nuisance defined in this chapter and who fails or refuses to abate such nuisance when so ordered, shall be fined $200.00) plus court costs. For any contribution of such nuisance after notice or an order by the Town to abate the same, each day s violation shall constitute a separate offense. The action against any person to enforce a penalty by the Town shall constitute a separate and additional legal remedy and the fact that such nuisance has been or may be instituted by the Town and be pending or concluded, shall not affect this section or chapter, or be considered in any way as defense to such action for the penalty herein prescribed. Chapter 7: Emergency Curfew Curfew. If a state of emergency is declared the Town Marshal may establish such curfews as he deems appropriate Penalty. Any person violating any provision of this chapter shall be fined a sum not exceeding two hundred-fifty dollars ($250.00) plus court costs. Chapter 8: Animals Definitions: 1. Dangerous Animal: A domestic animal that has a propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of

11 human beings or other domestic animals. Any dog which because of its vicious propensity and size is capable of inflicting serious physical harm or death to humans. Any domestic animal that is owned or harbored primarily or in part for the purpose of animal fighting contests. Any domestic animal that has previously attacked, bitten a human being or other domestic animal and caused injury requiring medical attention. b. Exotic Animal: An exotic animal is any animal not defined as a domestic animal in this Chapter with the exception of small, non-poisonous reptiles, non-poisonous amphibians, harmless invertebrates and small birds or any animal that is not indigenous to the State of Indiana. Such controlled animals shall also include any animal for which the possession or ownership is controlled or regulated by Federal or State law, or Municipal Ordinance or regulations concerning licensing or the issuance of permits. Such controlled animals shall include, but not be limited to, the following: 1. All poisonous animals by genetic disposition including insects, reptiles, amphibians, invertebrates, and rear-fang snakes 2. Apes: chimpanzees gibbonsgorillas, orangutans and siamangs 3. Baboons 4. Bears and bear-like mammals 5. Non-domestic canines; including wolves, coyotes, wild dogs and hybrids 6. Carnivores, all that might be considered dangerous 7. Crocodilians 8. Constrictor snakes: including, but not limited to: boa, python, and anaconda (that when full grown exceed 25lbs ) 9. Elephants 10. Endangered species, any animal considered to be protected by any endangered species act 11. Non-domestic felines 12. Fur bearing animals raised to provide products for the fur trade 13. Game cocks and other fighting birds

12 14. Hippotami 15. Hyenas 16. Komodo dragons 17. Monitor lizards 18. Monkeys, old and new world 19. Piranha fish 20. Pot Belly Pig 21. Rhinoceroses 22. Sharks 23. Snow leopards 24. Snake head fish 25. Spiders and insects which are poisonous 26. Walking catfish c. Public Nuisance Animal: Any animal which: 1. Interferes with a pedestrian(s) or a passing vehicle(s). 2. Attacks another animal or a person(s). 3. Trespasses on a school property. 4. Is at large or unrestrained. 5. Damages private or public property. 6. Barks, whines, howls or makes other sounds common to its species in excess, continuously for 15 minutes, or for an aggregate 20 minutes in a one-hour period Dogs Running at Large Prohibited. No person shall allow any dog to run at large, at any time, within the Town limits of the Town of New Whiteland Cats Running at Large Prohibited. No person shall allow any cat to run at large, at any time, within the Town limits of the Town of New Whiteland Vicious Dog or Cat Prohibited. No person will keep on residential property a vicious dog or cat Exotic Animal Prohibited. No person will keep on residential property an exotic animal.

13 Nuisance Animal Prohibited. No person will keep on residential property a public nuisance animal Number of Domestic Animals Allowed. No person will keep on residential property more than two adult domestic animals. Animals over the age of sixteen weeks are considered adult animals Penalty. Any person violating any provision of this chapter shall be fined not in excess of one hundred dollars ($100.00) plus court costs. Chapter 9: Open Burning Open Burning Prohibited. Open burning is prohibited throughout the Town of New Whiteland, Indiana, except as may be specifically permitted pursuant to other provisions of the Town Code or as otherwise authorized by the Town Council Enforcement. The Town Marshal of the Town of New Whiteland and his agents or employees, shall have full power and authority to enter onto and upon any street, alley, lot or ground for the purpose of discovering any open burning Penalty. Any person, firm or corporation violating any provision of this chapter, shall be fined a sum not to exceed one hundred dollars ($100.00) and each day s violation shall be deemed a separate offense.