ORDINANCE 2017-15
AN ORDINANCE FOR THE TOWN OF CHURUBUSCO
TO CLOSE AN UNNAMED ALLEY TO MOTOR VEHICLES
WHEREAS, the Churubusco Comprehensive Plan completed in 2014 outlined goals and strategies to provide citizens with a better quality of life, including promoting walkability, providing alternative transportation options, and expanding existing open space for recreational opportunities; and
WHEREAS, the Town of Churubusco and Main Street Churubusco have worked to beautify downtown Churubusco; and
WHEREAS, the Plat of the Town of Franklin (now Churubusco), recorded June 8, 1854 in the Whitley County Recorder Deed Book G, Page 387 laid out an unnamed alley located between the platted Lots 6 and 7 and an unnamed cross alley, and said alley is now located between the buildings at 111 North Main Street and 115 North Main Street (the “Alley”); and
WHEREAS, the Town Council of the Town of Churubusco, Indiana (the “Town Council”), has approved the construction of “Franklin Promenade”, an alley activation project located in the Alley, which requires the elimination of Motor Vehicles in the project area; and
WHEREAS, the Alley is currently open to motor vehicle traffic.
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA, AS FOLLOWS:
Section 1. The following definitions shall apply in this Ordinance:
“Motor Vehicle” shall be as defined in Indiana Code §9-13-2-105, as may be amended.
“Off-Road Vehicle” shall be as defined in I.C. §14-8-2-185, as may be amended.
“Town Official” for the purposes of this ordinance shall be an employee of the Town of Churubusco having authoritative powers and who can issue Town ordinance violation summons to enforce the provisions of this chapter.
Section 2. Closure to Motor Vehicles.
The Alley, as described above and more particularly depicted in Exhibit A, is hereby closed to Motor Vehicles and Off-Road Vehicles.
Section 3. Exceptions.
Certain Off-Road Vehicles or other mechanical vehicles not described herein may be permitted within the Alley with the consent of the Town Council or Town Official.
The Town Council or the Town Official shall notify the Churubusco Police Department of this consent, including the permitted vehicles and/or users.
Section 4. Signage.
The Churubusco Street Department, or other Town Department, shall erect and maintain signs and/or other devices identifying the Alley as closed to Motor Vehicles.
Section 5. Complaints and Violations.
Any Town Official who receives a complaint regarding Motor Vehicles in the Alley shall forward that complaint to the Churubusco Police Department whereby a member of the department shall visually inspect the complaint.
The Churubusco Police Department has the authority to ticket the violator to the full extent of the law and in accordance with the Indiana Traffic Code.
Section 6. If any provision of this Ordinance or its application to any person or circumstance is adjudged invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, then the remainder of this Ordinance or the application of such provision to other persons or circumstances shall not be affected by such adjudication, and this Ordinance shall be interpreted in such a way as to carry out, so far as may be valid and enforceable, the intent and purpose of the provision and this Ordinance.
Section 7. This Ordinance shall be in full force and effect upon passage and publication.
DULY PASSED AND ADOPTED this _______ day of December, 2017.
TOWN OF CHURUBUSCO, INDIANA, TOWN COUNCIL
Mark Pepple, President
Bruce Johnson
Frank Kessler
ATTEST:
Madalyn Sade-Bartl, Clerk-Treasurer
Town of Churubusco, Indiana
