NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE 2017-01, AN ORDINANCE AMENDING ORD. 91-03 & ORD. 264 REQUIRING THE RESTRAINT OF DOGS AND BANNING THE DISTURBANCE OF PEACE BY DOMESTIC ANIMALS
Property owners and other interested parties in the Town of Churubusco, Indiana, are hereby notified of Ordinance No. 2017-01, an ordinance amending past ordinances 91-03 and 264. The ordinance was introduced at a meeting of the Town Council held on January 4, 2017. A public hearing of the Town Council will be held at 6:30 p.m., local time, on January 18, 2017 at the Town Hall, 215 Home Avenue, Churubusco, Indiana, on the matter of the rates and charges. Immediately following the public hearing the Town Council will convene and may consider the adoption of said ordinance.
At such public hearing and prior to final adoption of Ordinance No. 2017-01, all interested parties may appear and be heard. The complete text of proposed Ordinance No. 2017-01 is on file and available for examination and copying at the office of the Town’s Clerk-Treasurer at 530 S. Main Street, Churubusco, Indiana, during regular business hours, and will be available at the public hearing. It can also be accessed via the Town’s website, townofchurubusco.com,
Dated this 5th day of January, 2017.
TOWN OF CHURUBUSCO, INDIANA
Madalyn Sade-Bartl, Clerk-Treasurer
CHURUBUSCO TOWN ORDINANCE 2017-01
AN AMENDMENT OF ORDINANCE 91-03 AND ORDINANCE 264 REQUIRING THE RESTRAINT OF DOGS AND BANNING THE DISTURBANCE OF PEACE BY DOMESTIC ANIMALS
WHEREAS, on February 5, 1958, the Board of Trustees of the Town of Churubusco, Indiana, passed and enacted Ordinance No. 264, which provides for the regulation of and penalties for dogs running at large within the municipal boundaries of the Town of Churubusco; and
WHEREAS, the Town Council of the Town of Churubusco determined that said Ordinance No. 264 needed amended in order to provide for the control and regulation of loud, frequent and/or habitual barking of dogs and passed Ordinance 91-03 on March 6, 1991; and
WHEREAS, the Town of Churubusco, in coordination with the Town Marshal, has determined the enacted ordinances need further amendments.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Churubusco, Indiana, that:
Section 1- Disturbance of the Peace
It shall be unlawful for any person to harbor or keep any dog, cat, or other domestic animal which by loud and frequent or habitual barking, howling or yelping shall cause annoyance or disturbance of the peace or quiet to the neighborhood or neighbors located near such property keeping such dog or dogs.
Section 2- Restraint
The owner of any domestic dog shall keep such dog under restraint at all times. The term “under restraint” shall mean that an owner shall not permit a dog to be at large off the owner’s premises or property unless the dog is under control of a competent person by use of a leash or similar device. Should an unrestrained animal be caught by an employee of the Town of Churubusco, the dog will be transported to the Whitley County Humane Shelter and the owner will be responsible for any fines or fees associated with the animal’s release.
Section 3- Penalties
If an owner has violated Section 1 or 2 of this amendatory Ordinance dealing with barking and restraint, the initial fine to be levied by the Town of Churubusco, by and through its police force shall follow the following schedule:
First offense- $50.00
Second offense- $100.00
Third or more offense- $200.00
Each day’s violation of this ordinance shall be considered a separate offense and shall be fined and prosecuted as such pursuant to Indiana Law (see Exhibit A). Fines will be due 30 days after the date of violation. Funds generated from fines will be deposited into the Town’s General Fund.
Section 4- Construction:
Any term defined in this ordinance by reference to a state statute shall have the same meaning whenever used in this ordinance unless clearly inapplicable by the context in which it is used. Any reference to a state statute shall mean the statute as amended from time to time, or any similar statutory provision that may supersede relating to the same or similar subject matter.
Section 5- Severability
Should any section, paragraph, sentence, cause or any other portion of this ordinance be declared by a Court of competent jurisdiction to be invalid for any reason, the remain provisions shall not be effected, if and only if, such remaining provisions can without the invalid provision or provisions, be given the effect intended by the Council on adopting this ordinance. To this end the provisions of this ordinance are severable.
Section 6- Previous Ordinances
All provisions of Ordinances previously adopted and enacted in conflict herewith, are hereby repealed.
DULY ADOPTED by the Town Council at its regular meeting held on the ______ day of ___________, 2017, at which meeting a quorum was present.
_________________________ ATTEST:
Mark Pepple, President
_________________________ ___________________________
Frank Kessler, Vice-President Madalyn Sade-Bartl, Clerk-Treasurer
_________________________
Bruce Johnson, Councilman
EXHIBIT A
FINE REQUEST FOR VIOLATION OF CHURUBUSCO ORDINANCE 2017-01
On __________________, 2017, the Town Council of the Town of Churubusco passed Ordinance 2017-01 requiring owners to restrain dogs and banned the disturbance of peace by domestic animals. Based on the information on file at the Churubusco Police Department and Whitley County Sheriff’s Department, it is my belief that the defendant in this case:
Defendant: _________
Summons Number: _
(Check one)
Has not been previously found to be in violation of the ordinance, therefore a fine of Fifty Dollars ($50.00) is requested.
Has previously been found to be in violation of the ordinance one time, therefore a fine of One Hundred Dollars ($100.00) is requested.
Has previously been found to be in violation of the ordinance on two or more occasions, therefore a fine of Two Hundred Dollars ($200.00) is requested.
Officer’s Name:
I.D. _ Signature: _
Date: _________________________________
You have the right to contest this violation by contacting the Churubusco Clerk’s Office within seven days at (260)693-9350. Fines are due 30 days after the date of the violation and can be paid at the Churubusco Police Department or Churubusco Clerk-Treasurer’s office located at 530 S. Main St., Churubusco, IN 46723
