Chapter 34 DEPARTMENTS, BOARDS, COMMISSIONS

There is established a city department of economic development to be known as the Rensselaer Economic Development Commission. The Commission shall consist of three members to be appointed as provided by I.C. 36-7-12-5.

(Ord. 10-82, passed 7-12-82)

34.02 AUTHORITY.

The Rensselaer Economic Development Commission shall function under the authority granted to it by I.C. 36-7-12-1 et seq.

(Ord. 10-82, passed 7-12-82)

34.03 NOTICE TO GOVERNMENTAL UNITS.

The Clerk-Treasurer shall give appropriate notices to the governmental units responsible for appointing Commissioners for the Development Commission as is required by I.C. 36-7-12-9.

(Ord. 10-82, passed 7-12-82)

HOUSING COMMISSION

34.04 HOUSING AUTHORITY.

There exists a need for a housing authority to function in the City of Rensselaer as unsanitary and unsafe inhabited dwelling accommodations exist and there is a shortage of safe and sanitary dwelling accommodations in the city available to persons of low income at rent levels they can afford.

(Ord. 5-02, passed 2-11-02)

POLICE DEPARTMENT

34.10 MAYOR MAY APPOINT SPECIAL POLICE OFFICERS.

The Mayor of the city is hereby authorized to appoint, from time to time, special police officers within and for the city, and to discharge such officers whenever, in the judgment of the Mayor, the services of such police officers are no longer required.

(’73 Code, § 19-1) (Ord. 204, passed - - )

Statutory reference:

Authority to establish police, see I.C. 36-8-2-2

34.11 AGE, RESIDENCY REQUIREMENTS.

No person shall be appointed a special police officer, who shall not have attained the age of 21 years and who does not resided within 15 miles of the city’s corporate boundaries.

(’73 Code, § 19-2) (Ord. 204, passed - - )

Statutory reference:

Authority, see I.C. 36-8-3.5-12, 36-8-4-2

34.12 POWERS, DUTIES OF POLICE OFFICERS.

All persons appointed as special police officers, as provided in § 34.10 shall have such powers and duties as are conferred by law upon constables.

(’73 Code, § 19-3) (Ord. 204, passed - - )

34.13 POLICE OFFICER’S OATH.

All appointments of special police officers shall be in writing and signed by the Mayor. The person so appointed shall, before entering upon the duties of his office, take and subscribe an oath to be endorsed on his certificate of appointment, that he will support the Constitution of the United States and the Constitution of the State of Indiana, and that he will faithfully discharge all of his official duties according to law. Such certificate of appointment and the oath endorsed thereon shall be filed by the mayor in the office of the Clerk-Treasurer.

(’73 Code, § 19-4) (Ord. 204, passed - - )

34.14 DISCHARGE OF SPECIAL POLICE OFFICERS.

Whenever, in the judgment of the Mayor, the services of any special police officer shall no longer be required, he shall notify such person in writing that his services are no longer required and such notice shall be served by the Police Chief of the city, delivering such to the person named in such discharge. A copy of such discharge, together with the Chief’s return endorsed thereon, shall be filed in the office of the Clerk-Treasurer and the powers and duties of the person so discharged shall cease as such police officer upon delivery of such discharge to him.

(’73 Code, § 19-5) (Ord. 204, passed - - )

34.15 POLICEMAN’S PENSION FUND.

The city does hereby elect to establish and create a Policeman’s Pension Fund for police officers hired before May 1, 1977, to be administered by a Board of Trustees of the Policeman’s Pension Fund in accordance with state law.

(’73 Code, § 19-6)

34.16 ACCIDENT REPORT ACCOUNT.

The fee for furnishing an accident report shall be $10 for each reproduction of any one incident report. Furthermore it is hereby ordained that such fees shall be deposited in a separate account to be known as the “Accident Report Account” and the proceeds accrued in this account may be expended at the discretion of the chief administrative officer of the Police Department for any department purpose reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.

(’73 Code, § 19-7) (Ord. 9-81, passed - -81)

Statutory reference:

Authority, see I.C. 9-26-2-1

34.17 FIRE AND BURGLAR ALARM AGREEMENT.

(A) The Rensselaer Police Department by its Chief of Police is hereby authorized to enter into an alarm agreement with businesses and residences located in and around the City of Rensselaer by which the Rensselaer Police Department will monitor fire and alarm systems located in said businesses and residences. A copy of the alarm agreement that shall be used by the City of Rensselaer in making such service agreements with local businesses/residences is included in the Appendix to this chapter. Said alarm agreement shall require a business to pay a monthly sum of $20 per alarm for businesses and $12 for all residential alarms to the city for the monitoring service.

Business alarms already monitored by the City of Rensselaer shall be grandfathered and shall remain at their current rate of $10 per alarm, per business. Any system using a cellular phone system will be charged an additional $9 per month charge.

(B) The fees received from the alarm agreements shall be held by the Rensselaer Police Department in a special fund and shall only be used for the payment of personnel and equipment costs to monitor the maintenance thereof. The Rensselaer Police Department through the Chief of Police shall make annual reports to the City Council of the City of Rensselaer and further agrees to maintain adequate records of the Alarm Agreements and the payments made thereon. The City Council of the City of Rensselaer specifically authorizes the Rensselaer Police Department to create and maintain this separate special fund which shall be known as Rensselaer Police Department, Alarm Contract Fund.

(C) The upgrade of a fire and burglary monitoring system through the Rensselaer Police Department services the public need of the businesses and residential assistance to local businesses and residences in avoiding fire and burglary losses.

(D) Upon a yearly report to be made by the Rensselaer Police Department through its Chief of Police to the City Council of Rensselaer discloses that more fees have been collected that what are necessary to expend in order to render the monitoring system, the fees shall be used to offset equipment and personnel services used to defray budgeted costs.

(’73 Code, § 19-8) (Ord. 25-2009, passed 11-23-09; Am. Ord. 11-2018, passed 6-11-2018; Am. Ord. 22-2023, passed 10-23-2023)

34.18 SPECIAL FUND ESTABLISHED.

The fees received from the alarm agreements shall be held by the Rensselaer Police Department in a special fund and shall only be used for the payment of personnel and equipment costs to monitor the maintenance thereof. The Rensselaer Police Department through the Chief of Police shall make annual reports to the City Council of the City of Rensselaer and further agrees to maintain adequate records of the alarm agreements and the payments made thereon. The City Council of the City of Rensselaer specifically authorizes the Rensselaer Police Department to create and maintain this separate special fund which shall be known as the Rensselaer Police Department Alarm Contract Fund.

(’73 Code, § 19-9) (Ord. 7-95, passed 3-13-95; Am. Ord. 25-2009, passed 11-23-09; Am. Ord. 11-2018, passed 6-11-2018)

34.19 FEE ADJUSTMENTS.

Upon a yearly report to be made by the Rensselaer Police Department through its Chief of Police to the City Council of Rensselaer which discloses that more fees have been collected than what are necessary to expend in order to render the monitoring system, the fees shall be used to offset equipment and personnel services used to defray budgeted costs.

(’73 Code, § 19-10) (Ord. 25-2009, passed 11-23-09; Am. Ord. 11-2018, passed 6-11-2018)

34.20 CLOTHING ALLOWANCE.

(A) The city shall award each active police officer with over one year of regular service an annual cash allowance of $1,200, payable semi-annually, with $600 payable on any pay of June and $600 payable on any pay of December of each year.

(B) If an active police officer satisfies his or her one year of regular service during the calendar year, then the annual cash allowance shall be pro-rated based on a per diem rate from the date he or she satisfies his or her one year of regular service to the semi-annual payment date.

(C) If an active police officer terminates employment, the city shall pay the officer the cash allowance pro-rated on a per diem rate from the last semi-annual payment date to the date of termination, provided all uniforms and accessories are turned in to the Police Chief prior to payment. If uniforms and accessories are not turned in to the Police Chief prior to payment, then the lost property shall be charged against the officer and the value deducted from his or her pay.

(Ord. 12-04, passed 6-28-04; Am. Ord. 26-2004, passed 12-28-04)

Statutory reference:

Authority for police clothing allowance, see I.C. 36-8-4-4

34.21 RETENTION OF DUTY WEAPON AFTER RETIREMENT.

(A) This section shall affect Rensselaer police personnel who will retire after November 1, 2017.

(B) The City of Rensselaer shall have the authority to release and legally transfer, to the retiring City of Rensselaer police officer, his or her duty issued sidearm.

(C) The retiring City of Rensselaer police officer must have served honorably for the City of Rensselaer for a minimum of 20 years in good standing and meet the definition of a “retired law enforcement officer” as defined in 18 U.S.C. Section 926C.

(D) The Rensselaer Common Council hereby determines whether a retiring City of Rensselaer police officer is in all respects qualified to receive this recognition; and allows the Mayor of the City of Rensselaer to sign all documents and comply with all laws necessary to affect the legal transfer of said firearm.

(E) The Rensselaer Common Council shall issue to the retiring member a retired ID card that provides for name and retiring rank and indicates the authority to retain the employee’s firearm.

(Ord. 18-2017, passed 11-13-2017)

FIRE DEPARTMENT

34.30 COMPOSITION.

The Fire Department of the city shall consist of a Fire Chief, an Assistant Fire Chief and a Captain Engineer and such firefighters as the common council may from time to time deem necessary.

(’73 Code, § 10-3) (Ord. 61, passed - - )

Statutory reference:

Authority to operate firefighting system, see I.C. 36-8-2-3

34.31 APPOINTMENT OF FIRE CHIEF, TERM OF OFFICE.

(A) The Fire Chief shall be appointed by the Mayor, with the approval of the Common Council, at the first regular meeting in the month of January after the election or as soon thereafter as may be feasible, and in case of a vacancy in the office of Chief from any causes, the Mayor, with the approval of the Common Council, shall immediately appoint a Chief to fill such vacancy for the unexpired term of such office.

(B) The Chief shall hold his office for the term of four years unless he shall resign, move from the city or be dismissed. No person shall be eligible for the office of Chief of the Fire Department unless he has been a firefighter for at least one year prior to his appointment.

(’73 Code, § 10-4) (Ord. 61, passed - - )

34.32 APPOINTMENT OF ASSISTANT FIRE CHIEF, CAPTAIN; SALARIES.

The Assistant Fire Chief and Captain of the Fire Department shall have the same qualifications as are required for Fire Chief Engineer and shall be appointed by him from the members of the Fire Department immediately after his appointment. These appointments shall be certified by such Chief and presented to the Common Council at the first Council meeting thereafter for confirmation, and after confirmation by the Common Council they shall hold their respective offices during the terms of Fire Chief. The Chief and Assistant Chief shall take an oath of office, and the Chief shall receive such pay as the Common Council may determine. His pay shall be fixed at the time of fixing the salaries of members and officers of the Common Council.

(’73 Code, § 10-5) (Ord. 61, passed - - )

34.33 POWER, DUTIES OF FIRE CHIEF, ASSISTANT.

(A) The Chief of the Fire Department shall have full power and command over all officers and firefighters at all fires, and in his absence, his duties shall be performed by the assistant chief and captain respectively.

(B) He shall direct at all fires such measures as he may deem advisable for the effectual extinguishment of the fire. He shall see that all apparatus and property for the extinguishment of fires, belonging to the city, be left in proper order, and report, in writing, to the Common Council at the first regular meeting in each quarter, the condition of the equipment, the repairs and the additions necessary to make the Fire Department efficient. He shall report the condition and standing of each company, the number of its members, and the names of members who have moved from the city, resigned or who have been dismissed.

(C) The Chief and the Assistant Chief and Captain, when displaying their proper badges, shall have authority to require any person present, and not a member of any fire company, to work in the extinguishment of fires and to aid in the saving of property from destruction or injury in such place and in such manner as they shall direct, from destruction or injury in such place and in such manner as they shall direct, and to order all bystanders, who are unemployed or whose assistance is useless, to remove to such distances as the chief or his assistants may prescribe.

(’73 Code, § 10-6) (Ord. 133, passed - - )

34.34 ANNUAL REVIEW OF DEPARTMENT.

(A) The Fire Chief shall hold an annual review of the Fire Department each year, and shall appoint a day for such review and shall give notice thereof to the Mayor and the members of the Common Council.

(B) On the day of such review it shall be the duty of every firefighter belonging to the Fire Department to appear with uniform and apparatus. For neglect of such duty or failure to appear at such review he shall forfeit and pay to the treasurer of the city the sum of $1 or he may be dismissed by the Common Council.

(C) Whenever any fire apparatus shall need repair the Chief with the consent of the fire committee of the Common Council shall cause such repair to be made immediately.

(’73 Code, § 10-7) (Ord. 133, passed - - )

34.35 AUTHORITY OF FIRE OFFICIALS TO SUPPRESS DISTURBANCES.

The Fire Chief and the Assistant Chief and Captain shall have the power of police officers, while actually engaged in fighting or suppressing fires, to suppress disturbances, to cause the arrest of any person who may commit a breach of the peace, injury to the property of another, or who shall refuse to obey any order or direction lawfully given by the chief or his assistants.

(’73 Code, § 10-8) (Ord. 133, passed - - )

34.36 FOREMEN AND ASSISTANTS.

Each company may elect, from their own number, in the month of May in each year, a Foreman and an Assistant Foreman who shall act in the absence of the Foreman, whose duty it shall be to respond to all fire alarms, to cause the necessary apparatus, engine, hose, hook and ladders and other implements in charge of the company to be taken to the fire to use the equipment under the direction of the Fire Chief or his assistants, and after such fire is extinguished, to return the equipment to the place of deposit and as soon as possible to wash and clean all apparatus and dry all hose. They are also required to drill once each month with such apparatus when required by the Chief.

(’73 Code, § 10-9) (Ord. 61, passed - - )

34.37 DISCIPLINE OF DEPARTMENT MEMBER.

(A) If any member of the Fire Department shall willfully refuse to perform any duty at a fire or refuse to obey the orders of the Chief or any other proper officer, without a reasonable excuse, he shall forfeit and pay the sum of $1 or he may be suspended by the chief, in which case it shall be the duty of the Chief to immediately report, in writing, to the Common Council all of the facts connected with such suspension, and the offender may be dismissed by the Common Council.

(B) The Common Council shall approve or reject such person and in case of this approval or rejection it shall be the duty of the City Clerk to notify the Secretary of the company of such fact.

(’73 Code, § 10-9) (Ord. 61, passed - - )

34.38 SECRETARY.

Each company of the Fire Department shall elect from their own number, a Secretary whose duty it shall be to keep a company record, upon which he shall enter the name of each member, the date of his election, his age and occupation.

(’73 Code, § 10-10) (Ord. 61, passed - - )

34.39 COMPANY BYLAWS.

The members of the Fire Department of the city, in addition to the regulations of this article, are hereby empowered to pass such bylaws, not inconsistent with the provisions of this article as may be necessary for the successful management of the department and the control of its members, together with such department officers not provided herein as may deem necessary to them.

(’73 Code, § 10-11) (Ord. 61, passed - - )

34.40 TAMPERING WITH FIRE EQUIPMENT PROHIBITED.

No person shall remove from its proper place, carry away or in any way interfere with any axe, hook, ladder or any other article of property belonging to the Fire Department of the city without the express permission of the Chief of the Fire Department, unless in time of fire.

(’73 Code, § 10-13) (Ord. 21, passed - - ) Penalty, see § 10.99

UTILITY BOARD

34.50 CREATION.

Pursuant to I.C. 8-1.5-3-3(a)(2) there is hereby created the city Utility Board.

(Ord. 3-91, passed 3-25-91)

34.51 POWERS AND DUTIES.

(A) The Utility Board shall have all powers and duties as provided by law and, specifically, all powers and duties as established by I.C. 8-1.5-3-4 and all such other powers as the Board may need to effectively and efficiently operate the city’s utilities.

(B) Utilities are defined as the electric utility, the water utility; the gas utility; and, the sanitation (sewage) utility.

(Ord. 3-91, passed 3-25-91)

34.52 BOARD MEMBERS.

(A) The Board shall consist of all elected and serving City Council members whose term on the Utility Board shall coincide with their term of office as a member of the Common Council of the city.

(B) The City Clerk shall be the fiscal officer as designated by I.C. 8-1.5-3-13.

(C) The Mayor shall be the Executive as defined by I.C. 8-1.5-1-5 shall preside at the Utility Board meetings; however, the Executive shall not be entitled to vote.

(Ord. 3-91, passed 3-25-91)

REDEVELOPMENT COMMISSION

34.55 REDEVELOPMENT COMMISSION.

(A) Establishment. A Department of Redevelopment, controlled by a board of five members to be known as the “Rensselaer Redevelopment Commission” is hereby established. Three of the members shall be appointed by the Mayor and two of the members shall be appointed by City Council.

(B) Powers and authority. The Redevelopment Commission shall have the power and authority to do and perform all things as enumerated in I.C. 36-7-14-1 et seq. as the Act may be amended, which Act is hereby incorporated by reference as if fully set forth herein.

(C) Special benefit tax. All of the territory within the corporate boundaries of the city constitutes a taxing district for the purpose of levying and collection special benefit taxes as provided in I.C. 36-7-14-1.

(Ord. 7-93, passed 5-21-93)

REDEVELOPMENT AUTHORITY

34.60 ESTABLISHMENT OF REDEVELOPMENT AUTHORITY.

(A) It would be a public benefit to create an alternative structure to finance local public improvements under I.C. 36-7-14.5 and lease such to the city Redevelopment Commission in connection with its planning, replanning, development and redevelopment of economic development areas.

(B) There is hereby created and established as a separate body corporate and politic and as an instrumentality of the city to be known and legally designated as the “City of Rensselaer Redevelopment Authority” with the power and authority enumerated in the I.C. 36-7-14.5.

(Ord. 2-94, passed 3-14-94)

34.61 BOARD MEMBERS AND MEETINGS.

(A) Members. The city Redevelopment Authority shall be controlled by a board consisting of three members, to be appointed by the Mayor as provided in I.C. 36-7-14.5. The city Redevelopment Authority is hereby authorized to undertake and carry out all purposes authorized or permitted pursuant to I.C. 36-7-14.5.

(B) Terms. Each board member shall serve for a three year term.

(C) Meetings. The board members shall hold a meeting for purposes of organization as soon as practical after they are appointed and the board shall meet and organize as by law provided. Subsequent annual organizational meetings shall be held immediately after the 15th day of each or as otherwise required under the Act.

(Ord. 19-93, passed 8-23-93)

ACCIDENT AND SHOOTING BOARD OF REVIEW

34.70 ESTABLISHMENT.

The Board of Public Works of the city, in a meeting held February 24, 1992, approved the establishment of an Accident and Shooting Board of Review for the Police Department.

(Ord. 3-92, passed 3-9-92)

34.71 POWERS AND DUTIES.

The duties of the Accident and Shooting Review Board are as follows:

(A) In case an officer discharges his weapon in the line of duty other than for practice or qualification at the Chief of Police’s discretion, the Board will convene to determine if the officer(s) involved was (were) justified or unjustified in the use of deadly force. This applies to all police and reserve officers.

(B) In the event of a traffic accident involving a city police officer of reserve office, while in a city owned vehicle, to determine if the accident was avoidable or unavoidable. This applies to vehicles operated by the reserve organization as well.

(C) The Accident and Shooting Review Board shall forward their findings to the Board of Public Works and the Chief of Police for final review.

(D) The Accident and Shooting Review Board shall be comprised of:

(1) City police sergeant;

(2) City firearms instructor;

(3) One city citizen, who is unaffiliated with any public or political office. This person is to be appointed annually by the Chief of Police.

(4) Two city citizens, who are unaffiliated with any public or political office. These persons are to be appointed annually by the Board of Works.

(E) In the event that the sergeant or the firearms instructor are involved in the shooting or traffic accident, they may not serve on the Accident and Shooting Review Board. A replacement shall be appointed by the Chief of Police.

(F) The Accident and Shooting Review Board shall elect its own Chairman and Secretary prior to conducting any hearing. The Chairman and Secretary may serve in that capacity for a period of one year. After one year, these persons may be re-elected to the Review Board for another one year period. The Accident and Shooting Review Board has the right to hold an election of officers at any time it sees fit, by a majority vote of those members in attendance. It shall take three members to constitute a quorum and conduct a hearing.

(G) The Chairman shall preside over the hearing.

(H) The Secretary shall keep proper minutes of the hearing.

(Ord. 3-92, passed 3-9-92)

RECREATION BOARD

34.80 RECREATION BOARD ESTABLISHED.

The Rensselaer Recreation Board is established pursuant to I.C. 36-10-5-2(b). The Board shall consist of five resident freeholders. The appointment and qualifications of the Board members shall be pursuant to I.C. 36-10-5-2(c).

(Ord. 17-82, passed 8-30-82)

34.81 POWERS AND DUTIES.

The powers and duties of the Rensselaer Recreation Board shall be those as contained in I.C. 36-10-2 et seq.

(Ord. 17-82, passed 8-30-82)

ORDINANCE VIOLATION BUREAU

Prior legislation: Ords. 18-2009, 21-2010

34.90 ESTABLISHMENT.

There is hereby established the City of Rensselaer Ordinance Violations Bureau (“Bureau”) pursuant to I.C. 33-6-3-1 et seq., as amended.

(Ord. 06-2019, passed 6-24-2019)

34.91 VIOLATIONS CLERK DESIGNATED.

The dispatcher on duty at the Rensselaer Police Department shall be the administrator of the Ordinance Violations Bureau.

(Ord. 06-2019, passed 6-24-2019)

34.92 ADMINISTRATION.

(A) The Violations Clerk and his or her agents shall accept, no later than seven days of the issuance of a complaint, the written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250 in ordinance violation cases, subject to the schedule of civil penalties adopted in § 34.94, at the Rensselaer Police Station during the hours specified on the complaint or summons issued under authority of this section.

(B) Civil penalties shall be paid to, receipted, and accounted for by the Violations Clerk. Payment of civil penalties under this chapter may be made in person or by mail to the Violations Clerk.

(C) A person charged with an ordinance or code violation under this subchapter is entitled to a trial before court as provided by law, unless the person waives the right to trial and enters an admission of the violation with the Violations Clerk. Upon such an admission, no later than seven days of the issuance of a complaint, the Violations Clerk shall assess and receive from the violator the amount prescribed by the schedule of civil penalties established and adopted under § 34.94.

(D) If a person charged with a violation under this subchapter wants to exercise the right to trial, the person shall appear before the Violations Clerk no later than seven business days of the issuance of a complaint and deny the violation or enter a written denial with the Violations Clerk.

(E) Any Rensselaer police officer or other Rensselaer official or employee authorized by a regulation of the City of Rensselaer or state law to issue complaints for violations of regulations may issue complaints to the Ordinance Violations Bureau.

(Ord. 06-2019, passed 6-24-2019)

34.94 SCHEDULE OF FINES.

The City of Rensselaer’s regulations and Code of Ordinances provisions identified in the schedule in this section (each hereinafter referred to as “Bureau ordinance”) shall be within the jurisdiction of the Bureau subject to the civil penalties listed to the right of each Bureau ordinance. For some Bureau ordinances, second and any additional violations, admissions or judgments of violations of that ordinance, occurring within 12 months of any other violation, admission or judgment of violation will be subject to a greater civil penalty. Where applicable those greater penalties for second and additional violations and admissions or judgments are listed to the right of the penalty that applies to the first violation, admission or judgment of violation. All citizens of the City of Rensselaer are entitled to a written warning for a first offense before a civil penalty is assessed for subsequent violations. In cases where citizens are charged with violating the False Alarm Ordinance, citizens shall receive two written warnings before a civil penalty is assessed.

Code Section #	Violation	1st Offense	2nd Offense	3rd Offense	Subsequent
TRAFFIC
70.13	Weight limit	$150.00	$150.00	$150.00	$150.00
70.14	Playing in the street (toys/ skateboards)	$50.00	$50.00	$50.00	$50.00
70.15	Bicycles prohibited on sidewalk	$50.00	$50.00	$50.00	$50.00
70.24	Riding in an open-end truck or convertible	$100.00	$100.00	$100.00	$100.00
71.01	Required parking style	$20.00	$20.00	$20.00	$10.00
71.02	City-owned lots	$20.00	$20.00	$20.00	$10.00
71.03	Parking restrictions	$20.00	$20.00	$20.00	$10.00
71.04	Displaying vehicles for sale on street	$20.00	$20.00	$20.00	$10.00
71.05	Passenger and loading zones	$20.00	$20.00	$20.00	$10.00
71.06	Snow emergency – no parking	$20.00	$20.00	$20.00	$10.00
71.07	Handicapped parking	$50.00	$50.00	$50.00	$50.00
HEALTH/SANITATION
51.08	Unlawful use of trash containers	$50.00	$75.00	$100.00	$100.00
51.09	Scavenging prohibited	$75.00	$100.00	$150.00	$150.00
94.01	Sanitation nuisance	$75.00	$100.00	$150.00	$150.00
94.12	Notice to abate	$75.00	$100.00	$150.00	$150.00
ANIMALS
90.02	Running at large/causing disturbance	$15.00	$20.00	$25.00	$25.00
90.20	Dangerous	$100.00	$125.00	$150.00	$150.00
90.21	Permit required	$100.00	$125.00	$150.00	$150.00
90.22	Impoundment	$100.00	$125.00	$150.00	$150.00
OTHER
52.03	Damage/tampering with city-owned equipment (gas)	$150.00	$150.00	$150.00	$150.00
91.03	In city cemetery after hours	$50.00	$50.00	$50.00	$50.00
93.20	Illegal possession of fireworks	$50.00	$50.00	$50.00	$50.00
95.01	Burning on street or paved area prohibited	$150.00	$150.00	$150.00	$150.00
112.01	Permit to solicit	$200.00	$200.00	$200.00	$200.00
130.01	Discharge of weapon	$150.00	$150.00	$150.00	$150.00
130.04	In city park after hours	$50.00	$50.00	$50.00	$50.00
33-2008	Zoning Code violations	$50.00	$100.00	$150.00	$250.00
35-2008	Excavation Ordinance violations	$50.00	$100.00	$150.00	$250.00

Ordinance or Code of Provisions Subject	Civil Penalty
	1st offense/2nd offense
Unlicensed pet; failure to vaccinate pet	$125.00/$162.50
Animal running at large; other actions constituting a nuisance	$50.00/$162.50
Keeping of prohibited animals	$50.00/$162.50
Transient merchant without license/Soliciting without a license	$125.00/$162.50
False alarms (after two in any calendar year)	$30.00
Maintenance of junk or abandoned motor vehicle	$150.00/$500.00 (per violation)
Trash receptacle violation – returning to premises after collection	$25.00 (per violation)
All parking violations not included below	$30.00
Parking commercial vehicles in residential zones	$125.00/$162.50
Off-street parking and loading	$125.00/$162.50
Parking violations paid within 48 hours of issuance	$15.00
After two days but not exceeding five days	$20.00
After five days	$25.00
After 30 days	$50.00
Graffiti removal	$100.00
Unlawful burning	$200.00
Depositing waste – littering	$125.00/$162.50
Nuisance violations	$500.00 or actual cost of cleaning property whichever is greater until property is brought into compliance and for every violation thereafter

(A) Nuisance violations. Nuisance violations shall include the following infractions: A first offense will result in a written warning by the Violation Clerk giving the owner of the offending property 10 days to remedy the issue or to bring the property into compliance with this section. After the 10-day period, if the violation remains the property owner shall be fined $100. Should the offending property continue to be in violation of this section 30 days after the issuance of the first fine of $100, said fine shall increase to $500 or the actual cost of cleaning said property, whichever is greater, until the property is brought into compliance and for every violation thereafter.

(B) Exterior premises.

(1) Sidewalks and parking lots. All sidewalks, walkways, parking lots and similar areas shall be maintained free from potentially dangerous holes, depressions or projections that are likely to cause tripping or injury to a person or otherwise present a hazardous condition.

(2) Parking areas. Within any residential zoned district no person shall park or store any vehicle, such as but not limited to, watercraft, camper shell, truck camper, or utility trailer in any portion of the side yard unless screened from the street or the surface area is improved with gravel, concrete, asphalt or paving bricks.

(3) Drainage. All premises shall be maintained to prevent the accumulation of stagnant water when such water may cause an unhealthy or hazardous condition, become a breeding area for insects or cause damage to foundation walls.

(4) Grass and weeds. All premises shall be maintained so that grass or weeds shall not attain a height of over six inches.

(5) Bushes, trees and other vegetation. All premises shall be kept free from dry bushes, trees, tumbleweeds or other vegetation which create a blighting condition which may harbor insect or rodent infestations, or which is likely to become a fire hazard or result in a condition which may threaten the health and safety or welfare of occupants or adjacent property owners.

(6) Abandoned or inoperable vehicles and graffiti. All premises shall be maintained free of abandoned or inoperable vehicles and graffiti visible from any public right-of-way or visible from any common area of residential property (owned or rented).

(7) Rubbish and debris. All premises shall be maintained free from accumulation of rubbish or debris which constitutes a hazard to the health and safety of occupants or the public.

(8) Garbage, trash or refuse. All premises shall be maintained free from an accumulation of garbage, trash or refuse, or other wastes except that which is deposited in proper containers for sanitation collection.

(9) Items stored in public view. No person shall place and/or store furniture, except furniture designed and placed for outdoor use, household equipment, appliances, construction or landscape material, cardboard material, plastic material, debris or similar materials in a location that is visible to a person standing upon any public street or sidewalk or any common area of residential property (owned or rented).

(10) Exterior insect control. All premises shall be kept free from the presence or apparent evidence of insects and rodent infestation, other noxious pests, nesting places, and any other unsightly or unsanitary accumulation which could harbor insects or other vermin.

(11) Swimming pools. All swimming pools, architectural pools and spas shall be properly maintained so as not to create a health or safety hazard, harbor insect infestation, be polluted, become stagnant or create a blighting condition. All enclosures, gates and doors shall be installed and properly maintained in accordance with the City Building Code.

(12) Fences, screen walls and retaining walls. All enclosures, gates and doors shall be installed and properly maintained in accordance with the City Building Code and shall be structurally sound.

(Ord. 06-2019, passed 6-24-2019)

34.95 NONCOMPLIANCE; ENFORCEMENT

(A) If a person upon whom a complaint and summons is issued pursuant to this section does not bring an admission of violation and payment of the civil penalty or if a complaint for a violation of a Bureau ordinance issued pursuant to this section is not properly responded to in writing within seven days of the issuance of the complaint, the Bureau shall add a late charge of $20 per violation to the amount otherwise payable under § 34.94. After 60 days of the issuance of the complaint, the Bureau shall not accept admission of a violation or payment of the civil penalty without the consent of the City Council who may withhold that consent if the violation has been referred to legal counsel for judicial resolution.

(B) Upon payment of any sum of money into the Ordinance Violation Bureau, as provided by this section, the Clerk-Treasurer shall issue a receipt to the person so paying. The Clerk-Treasurer shall keep a record of all payments and shall account for all sums paid to the Bureau under this section as required by statute. The Clerk-Treasurer shall provide the City Council with a monthly report on the Bureau’s activities showing the total number of complaint and summons issued pursuant to this section during the proceeding monthly period, including their dates of issuance and the number of such cases referred to the City Attorney, who has initiated an action to prosecute the ordinance violation.

(C) If a person upon whom a complaint and summons is issued pursuant to this section fails to deny or admit a violation within 30 days, the City Building Inspector, City Attorney or Police Chief may bring legal proceedings in a court of competent jurisdiction. Under such circumstances, if a judgment is rendered in favor of the city, court costs will be assessed in addition to any fine or other relief provided.

(D) If a person upon whom a complaint and summons is issued pursuant to this section wants to challenge this ticket and assure that it will be kept under the jurisdiction of the City of Rensselaer Ordinance Violation Bureau, he or she must go to the Clerk-Treasurer’s Office and expressly deny the violation or send a signed written statement indication of his or her denial to the Clerk-Treasurer within 30 days of the issuance of the complaint and summons. Under such circumstances, the City Attorney will initiate legal proceedings in a court of competent jurisdiction for the alleged violation.

(E) The identification of § 34.94 of a city regulation or Code of Ordinances provision as a Bureau ordinance does not preclude the town from taking other legal action to enforce said ordinance or code provision, in lieu of issuing a complaint under the authority of this section seeking the civil penalty prescribed in § 34.94, if the city regulation or code provision provides for other enforcement options, including but not limited to injunctive relief and recovery of abatement costs or of damages.

(F) If a person denies an ordinance or code violation as set out herein, or fails to pay and satisfy the civil penalty assessed by the Violations Clerk after having entered an admission of violation, or fails to deny or admit the violation of any of the provisions adopted by reference in § 34.94, then the Violations Clerk shall report this fact to the City Attorney, who may then initiate an action to prosecute the ordinance violation. (I.C. 33-6-3-1 et seq.)

(G) Inspections. The city is authorized to make inspections of all residential or rental properties to determine compliance with this subchapter.

(1) An inspector may expand the scope of any inspection to include other city code violations under this inspection.

(2) Except in cases of alleged imminent hazards, the City Building Inspector or designee shall provide at least 72 hours’ notice to the owner, managing agent and tenant prior to any interior inspections concerning violations.

(Ord. 06-2019, passed 6-24-2019)

APPENDIX: ALARM AGREEMENT

The Alarm agreement referred to in § 34.17 shall be as follows:

The following alarm agreement has been entered into on the day of , 20 , between the City of Rensselaer and the following business or individual(s), .

WHEREAS, the above named business/residence is desirous of having a fire and/or burglar alarm system monitored by the Provider, and;

WHEREAS, City of Rensselaer is desirous of rendering fire and burglar alarm monitoring services to the above named business/residence.

IT IS AGREED AS FOLLOWS:

1. The city agrees to monitor fire and burglar alarms from the above named business/residence 24 hours a day, 365 days a year; the city agrees to maintain the alarm system located at City Hall.

2. The city agrees that upon receipt of fire and burglar alarm signal appropriate investigation and action will be taken by the city; city further agrees to notify the business of the alarm given accurate and up-to-date business information.

3. The business/resident retains the right to cancel the agreement upon twenty-four (24) hours written notice delivered to the Chief of Police of the city. The city has the right to terminate this agreement upon thirty (30) days written notice to the business/resident, which notice shall include an explanation why service is being terminated.

4. SUBSCRIBER’S DUTIES: Subscriber shall carefully and properly set the alarm system immediately prior to the securing of the premises and carefully test the protective devices and signal system in accordance with the Provider’s instructions. Subscriber will notify Provider if service is required. All changes, revisions and modifications to the Alarm Notification Instructions shall be supplied in writing to Provider. Subscriber shall secure and maintain all licenses or permits and pay all fees and charges that may be required by governmental or insurance authorities for the continued monitoring and use of the alarm system(s).

5. INTERRUPTION OF SERVICE: Provider assumes no liability for interruption of monitoring service due to strikes, riots, floods, storm, earthquakes, fires, power failures, insurrection, interruption or unavailability of telephone service, acts of God, or for any other cause beyond the control of Provider, and Provider will not be required to supply monitoring service to Subscriber while any such cause may continue. This Agreement may be suspended at either party’s option should the alarm system, Subscriber’s Premises, or Provider’s monitoring facilities become so substantially damaged that further service is impractical.

6. TRANSMISSION LINES: Subscriber acknowledges that the signals from Subscriber’s alarm system are transmitted over Subscribers regular telephone service to Provider’s Central Station, and in the event Subscriber’s telephone service is out of order, disconnected, placed on vacation status, or otherwise interrupted, signals from Subscriber’s alarm system will not be received in Provider’s Central Station during any such interruption in telephone service and the interruption may not be known to Provider’s Central Station. Subscriber further acknowledges that the system is designed to seize Subscriber’s telephone line and terminate other telephone calls when the system is triggered, and Subscriber will not be able to place or receive other calls while the system is activated. Therefore, Subscriber may wish to use a second telephone line for the system. Subscriber further acknowledges and agrees that telephone company lines are wholly beyond the control of jurisdiction of Provider and are maintained and serviced solely by the applicable Telephone Company.

7. LIMITATION OF LIABILITY: Subscriber agrees that Provider is not an insurer; that property, life or other casualty insurance, if any, shall be obtained by Subscriber, that Provider makes no guarantee or warranty, including any implied or expressed warranty of merchantability or fitness for a particular purpose that the services and equipment supplied will avert or prevent occurrences or the consequences therefrom which the service and equipment is designed to detect or avert. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from Provider’s negligence, a failure of Provider to perform any of the obligations herein, including but not limited to, failure of the monitoring service and/or monitoring equipment to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount or value of Subscriber’s property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which that system or service is designed to detect or avert; (b) The uncertainty of the response time of the police department, fire department, paramedic unit, or others, should the police department, fire department, paramedic unit, or others, be dispatched as a result of a signal being received; (c) The inability to ascertain what portion, if any, of any loss which would proximately be caused by Provider’s failure to perform or by its equipment to operate; (d) The uncertain nature of occurrences which might cause injury or death to Subscriber or any other person which the system is designed to detect or avert; (e) The nature of the service to be performed by Provider. Subscriber understands and agrees that if Provider should be found liable for loss or damage due to Provider negligence, a failure of Provider to perform any of the obligations herein, or a failure of the monitoring service or the monitoring equipment in any respect whatsoever, the total liability shall be limited to the sum of Two Hundred Fifty Dollars ($250.00) and this liability shall be exclusive; that the provisions of this section shall apply if loss or damage, irrespective of cause or origin results directly or indirectly to persons or property, from performance or non-performance of the obligations imposed by this Agreement, or from negligence, of Provider, their agents, assigns or employees.

8. THIRD PARTY INDEMNIFICATION: When Subscriber in the ordinary course has the property of others in his custody, or the alarm system extends to protect the property of others, Subscriber agrees to and shall indemnify, defend and hold harmless Provider, their employees, agents and assigns for and against all claims brought by parties other than the parties to the Agreement. This provision shall apply to all claims, demands, or lawsuits, regardless of cause including Provider’s performance or failure to perform any of the obligations herein, Provider’s negligence or failure of the monitoring equipment or service, whether these claims be based upon negligence, express or implied warranty, contribution, indemnification, or strict or product liability on the part of the Provider, their employees, agents or assigns.

9. SUBROGATION: So far as it is permitted by Subscriber’s property insurance coverage, Subscriber hereby releases, discharges and agrees to hold Provider harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Subscriber’s premises whether said claims are made by Subscriber, his agents, or insurance company or other parties claiming under or through Subscriber. Subscriber agrees to indemnify Provider against, hold Provider harmless from any action from subrogation which may be brought against Provider by any insurer or insurance company or its agents or assigns including the payment of all damages, expenses, costs and attorney’s fees. Subscriber shall notify his insurance carrier of the terms of this provision. It shall be the Subscriber’s responsibility to notify Provider of any and all pending litigation in which the Provider may be named as a result of this agreement.

10. LIMITATION ON ACTION: WAIVER OF JURY TRIAL: All parties hereby agree that no suit or action that relates in any way to this Agreement (whether based upon contract, negligence or otherwise) shall be brought against the other more than one (1) year after the accrual of the cause of action therefore. In addition, all parties hereby waive any rights to a jury trial in any judicial action brought by any party which relates in any way to this Agreement (whether based upon contract, negligence or otherwise). In addition, parties agree to choice forum of Jasper County, Indiana without relief of an improper venue defense.

11. FALSE ALARMS: PERMIT FEE:

A. The business/resident agrees to investigate every false alarm and to trace the cause in order to eliminate such failures. The business/resident agrees to provide the City with a list of the names of employees/persons to be contacted in the event of an alarm. If business owned, the business agrees to send a responsible employee with keys to the business in a timely manner, to meet with police or fire personnel at the business in response to an alarm. The business further agrees to notify the City Police Dispatcher of any and all alarm tests or repairs or at any time that the alarm is not operative.

B. In the event that excessive number of false alarms are caused by Subscribers and or Provider’s carelessness, malicious action, or accidental use of the alarm system, or in the event Subscriber in any manner misuses or abuses the system, upon sixty (60) days notice or Subscriber’s failure to cure within such sixty (60) days, Provider may in its sole discretion deem the same to be a material breach of this Agreement and at its option is excused from further performance. Subscriber agrees to pay any alarm dispatch fees, false alarm assessments, taxes, fees, or charges relating to the monitoring services provided pursuant to this Agreement.

C. The business agrees not to install any type of alarm system that is not compatible with the signaling devices already installed at the Police Department.

D. The parties agree to following procedures if there is an indication that the alarm is a failure:

i. The business/resident agrees to examine its own system to determine if the failure is within their system. The city will also, give a cursory check of the business to ensure the malfunction is not manmade.

ii. If the business/residence system is not malfunctioning, the City agrees to check its equipment to determine if there is a malfunction.

iii. If the City’s equipment is operative the City agrees to notify the line provider for an examination of the electronic lines to determine the cause of the malfunction.

12. ENTIRE AGREEMENT: This writing is intended by the parties as a final expression of their agreement as a complete and exclusive statement of the terms thereof, THIS AGREEMENT CANNOT BE AMENDED, ALTERED, OR MODIFIED BY ANY ORAL AGREEMENT ENTERED INTO BETWEEN PROVIDER AND SUBSCRIBER. PROVIDER’S DUTY AND OBLIGATION TO PROVIDE MONITORING SERVICE TO SUBSCRIBER ARISE SOLEY FROM THIS AGREEMENT. This Agreement supersedes all prior representations, understandings or agreements of the parties and that the parties rely only upon the contents of this Agreement in executing it. This Agreement can only be modified by a writing signed by the parties or their duly authorized agent. No waiver of a breach of any term or condition of this Agreement shall be construed to be waiver of any succeeding breach. The parties agree that this Agreement is to be performed in and shall be governed by the laws of the State of Indiana.

13. DISCLAIMER OF WARRANTIES: PROVIDER DOES NOT REPRESENT OR WARRANT: THAT THE MONITORING SERVICE WILL PREVENT ANY LOSS BY BURGLARY, FIRE: HOLD-UP OR OTHERWISE, OR THAT THE MONITORING SERVICE WILL IN ALL CASES PROVIDE THAT PROTECTION FOR WHICH IT IS INTENDED, SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT PROVIDER HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE MONITORING EQUIPMENT, ITS MERCHANT ABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF, IF MEDICAL ALERT MONITORING SERVICE IS PROVIDED, SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER SHOULD OBTAIN ANY LIFE, MEDICAL OR DISABILITY INSURANCE FOR THE PROTECTION OF SUBSCRIBER AND OTHERS WHO MAY USE THE SYSTEM. SUBSCRIBER UNDERSTANDS THAT THERE ARE ALTERNATIVES AVAILABLE TO SUBSCRIBER SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND SUBSCRIBER HAS SELECTED THIS SERVICE WITH A FULL UNDERSTANDIND OF ITS LIMITATIONS AND THE LIMITATION OF PROVIDER’S LIABILITY. PROVIDER MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF CENTRAL STATION RESPONSE, AND HAVE NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED. SUBSCRIBER FURTHER UNDERSTANDS THAT PROVIDER IN PROVIDING THE MONITORING SERVICE, MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF A SIGNAL FROM THE SYSTEM, OR THAT THE SYSTEM MAY FAIL TO FUNCTION PROPERLY. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES THAT PROVIDER IS NOT AN INSURER OF; THAT SUBSCRIBER ASSUMES ALL RISK OF PERSONAL INJURY AND LOSS OR DAMAGE TO SUBCRIBER’S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 7 AND 8 WHICH SET FORTH PROVIDER’S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. SUBSCRIBER ACKNOWLEDGES THAT HE HAS DISCUSSED THE LIMITATION OF LIABILITY SET FORTH IN PARAGRAPH 7 WITH PROVIDER’S AGENT.

IN THE EVENT OF DEFAULT THE SUBSCRIBER SHALL BE LIABLE FOR ALL REASONABLE COLLECTION COST, ATTORNEY FEES AND INTERST TO CURE SAID DEFAULT.

SUBSCRIBER SHALL PAY PROVIDER, ITS AGENTS, SUCCESSOR OR ASSIGNS AS FOLLOWS:

BUSINESS: $20.00 PER MONTH FOR ALARM MONITORING PAYABLE _________ QUARTERLY IN ADVANCE OF SERVICE DURING TERMS OF THIS AGREEMENT.

RESIDENTIAL: $12.00 PER MONTH FOR ALARM MONITORING PAYABLE _________ QUARTERLY IN ADVANCE OF SERVICE DURING TERMS OF THIS AGREEMENT.

AGREEMENT MADE THIS _______ DAY OF _________________, 2009 BETWEEN THE CITY OF RENSSELAER AND SUBSCRIBER.

NAME: ACCOUNT#

ADDRESS:

CITY: STATE: IN ZIP:

PHONE: ( )-___________________________

ATTEST:

x________________________________

TITLE _________________________________

APPROVED BY CITY OF RENSSELAER:

BY: ____________________________________

(Ord. 25-2009, passed 11-23-09)